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THE SANCHEZ FILE, Chapter Five

Monterey December 25, 1852

The first stage in from San Juan brought the news that Sanchez had drowned in the Pajaro River. The Sanchez empire, and what would happen to it, became the sole topic of conversation among attorneys, tradesmen, and the schemers. The estate would be the richest ever probated in Monterey County and the first involving three of the best Mexican land grants in the county; the 44,000 acres were worth a fortune. With more Americans arriving every day, land had suddenly increased in value, whereas five years ago it was worthless and sold for a dollar an acre.

To the unprincipled among the Americans in Monterey, the Sanchez estate was a dream come true; men who were lucky to find work at $20 a month wondered how they could get rich off the Sanchez family.

The way they figured it the land could be cut up and sold as small ranches; there was also a fortune in cattle and homes and lots in San Juan and Monterey. And finally the widow was young and beautiful and could not read.

Ambitious attorneys dreamed of the big commission they would get helping Encarnacion Sanchez dispose of her estate. Their lawyer friends in the state legislature had seen to that. If she was low on cash they would be glad to accept some of her land in payment.

Before any of this could happen the law would have first crack at the estate. A probate judge, an administrator and a sheriff slowly developed a plan.

The Probate Begins

Monterey
January 5, 1853

Just eleven days after Sanchez died, Probate Judge Josiah Merritt, former attorney for the Stuart gang, opened proceedings into the death of Jose Maria Sanchez. Sheriff William Roach kept order among the spectators crowding the court room on the second floor of Colton Hall. The Sanchez case would be an interesting diversion in the lives of Monterey's residents.

To establish the fact of death the clerk read a deposition from one Antonio Chavez, "I was present and saw him drown in the Pajaro River". Unfortunately, Chavez provided no details.

Sanchez had left no will, and without an executor the judge would appoint the administrator of the estate; the widow Sanchez was not asked if she had anyone in mind for the post. She did not even have an attorney to advise her.

Judge Merritt named a 32 year old farmer, Jesse Smith, as administrator of the estate. Merritt told him to post a bond of $2000. Smith named two bondsmen, one of whom was the sheriff. Merritt told Smith to take charge of the estate, inventory its assets, collect the debts and report back in the first week of March. The document naming Smith as special administrator said nothing as to Smith's qualifications for the position and he was not examined by the court.

In the 1850's, the thirty-eight mile trip from San Juan to Monterey took six hours on a stage coach. The traveler of 1853 had to stay overnight.  The only place to stay was the Washington Hotel, an assortment of disheveled adobe buildings combined into a three story structure. The owner was thirty-six year old Alberto Tresconi who had leased the building to an ex-soldier from the New York Volunteers. It became their hang out, the place to go for a night on the town.

A room was $4 and you could board your horse for $2. After you checked in there was plenty of diversion in the downstairs bar. Gambling and whiskey would wile away the hours before court opened in the morning.  The hotel would figure in the tragedies to come. But for now, a new man was coming into Encarnacion’s life.

Thomas P. Godden

Monterey
January 13, 1853

The next session of the probate court opened and now Encarnacion Ortega had an attorney to represent her. He was Thomas B. Godden, a new arrival in San Juan; the American she had always wanted to meet. Godden is listed as the member of a group that left New York on December 20, 1849 for California via Mexico.  He was a lawyer, surveyor and had been elected San Jose's first city clerk in April of 1850, but resigned after a few months. Why he went to San Juan is unknown. Perhaps he had heard about the widow Sanchez and her estate. Godden had been a Spanish translator for the San Jose city council and as Encarnacion understood little English he knew he would be able to help her.

In his first statement to the court Godden asked Judge Merritt to remove Jesse Smith as administrator. Godden had a number of charges against Smith. He said the man was incompetent and had done nothing since he was appointed on January fifth. In going over papers at the rancho with Encarnacion he had found over $5000 in debts owed the estate that Smith had made no effort to collect. He read them: Manuel Pinto owed $3000; Thomas Doak and his wife, $500; Jose Maria Castro for cattle, $250; Guadalupe Castro for cattle, $225; John Gilroy, Encarnacion's uncle, owed $1,250. This was not an auspicious beginning for Smith.

Then Godden explained why Smith had not acted on the paper work at the rancho. He could not read. Many men of all nationalities in Monterey were illiterate, but to serve as an administrator of an estate, reading was a requirement. Judge Merritt had not asked Smith if he illiterate. He was forced to cancel Smith's appointment, but later approved a payment to him from estate funds of $250 for his "services."

Godden then filed a petition with the judge asking that he and widow be appointed. A hearing was set for February 3rd and Sheriff Roach was given copies of the notice and told to post them around town.

At the hearing no objections were made and Judge Merritt appointed Godden and Encarnacion Sanchez administrators. He ordered each to post a bond of $50 thousand.

Smith had been required to post a bond of only $2000, but the widow and Godden had to come up with $100 thousand. After two weeks they told the judge they were unable to raise the bond and were dismissed. By requiring Encarnacion Sanchez to post an unreasonable bond removed her from any say in the administration of her late husband's estate. It was the first step in a slowly developing conspiracy.

San Francisco

February 28, 1853

Godden told Encarnacion there was a friend of his in San Francisco he wanted her to meet. She agreed to the trip and they met with 38 year old Samuel C. Head of Georgia. He was a former American army captain in the Mexican War, but better known to others as a professional gambler. In the 1850 U.S. Census Head he was listed as a "speculator."

In spite of this dubious background Godden suggested to Encarnacion that she ask the probate court to appoint Head administrator. Encarnacion was very attracted to her young attorney, eager to please him and she agreed.

Godden then asked her to marry him. Although she had known him only a short time, she accepted. The wedding took place just two months after the death of Sanchez. It was an advantageous marriage to each.

Encarnacion had plenty of legal problems and would not be bothered again by other attorneys seeking to represent her and Godden had found the perfect wife and client; beautiful and rich. Under state law husband's controlled their wife’s property and Godden now took control of  her share of the Sanchez Estate.

Although she would not be administrator of her late husband's estate, Encarnacion had been the legal guardian of her children. When she became Mrs. Godden, however, this changed. California had continued a Mexican law requiring the appointment of a guardian when the mother remarried. The law was deemed necessary to protect children from a man who might marry a mother to gain control of her property and in effect theirs. Godden fitted that description perfectly.

Encarnacion's marriage now gave Judge Merritt the chance to appoint a guardian as well as the administrator of the estate.

Head Takes Over

Monterey
March 8, 1853

After the removal of Jesse Smith as administrator the position had remained vacant. Then the public administrator of Monterey County, John Burke Phillips appeared in court with disturbing news; someone was engaged in embezzling the property of the estate. He had an affidavit from the Indian Pablo, who worked on the rancho, that someone was taking cattle and other property belonging to Sanchez. He reminded the judge that three months had passed since Sanchez's death and with no administrator it was his duty under the law to take control of the estate immediately. His petition was approved and Phillips took over, but not for long.

A week later Captain Head made his first appearance before the probate judge and introduced himself as the widow's choice to be administrator of the estate. He gave the court a petition naming him as administrator prepared by Godden. As Encarnacion could not write she had marked it with an X.

Head had four friends post bonds guaranteeing his performance as administrator of the estate. They totaled $100 thousand, each man claiming they were worth thousands of dollars. Head filed a note signed by Godden. Encarnacion's husband had borrowed $3,750 from his wife's estate.

From his preliminary estimate of the Sanchez estate, Head said it would not exceed $50 thousand dollars. Merritt discharged the public administrator and appointed Head on March 28, 1853.

The conspiracy was now becoming clear. First remove the wife as administrator; then remove the public administrator, an official operating under state law, and finally name a gambler as administrator.

The Jenny Lind

April 11, 1853

Like all America, San Francisco was entranced with singer Jenny Lind, the Swedish nightingale. In his only serious endeavor as a showman P.T. Barnum had sponsored her triumphant American tour in 1850-1852. Although she did not come to San Francisco, her fans had named a theater on Portsmouth Square for her, as well as a small sixty-five ton bay steamboat.

For Thomas Godden life could not have been better. He was married to a beautiful woman and lived on a magnificent rancho. Money would never be a problem again. He decided to take a few days off and go to San Francisco. Encarnacion would remain at the rancho.

Godden took a stage coach in San Juan for San Jose. From there he went a few miles north to the little town of Alviso at the southern end of the bay. Alviso was the major port for passengers and cargo to and from San Francisco by steamboat. Godden climbed a gangplank and went aboard the steamer, Jenny Lind.

Chapter Six