D. 1857. Subscribed and sworn to before me this 22nd day of September, A. WM. S. WELLS, Notary Public, Solano Co. Filed Nov. 20th, 1857. J. EDGAR GRYMES, Deputy Cl'k. 156 Deposition of Artemas W. Wall. U. S. district court for. north district of California. Artemas W. Wall, of the county of Coutramth, being sworn, deposes and says, that some time during the year 1852 or 1853, he, deponent, was present on the occasion of a conversation held between Chs. B. Strobe, esq., and other persons; that the said conversation was on the subject of Spanish grants, and especially relative to the Romero rancho, in Contra Costa county; that on that occasion said Strode stated to the persons with whom he was conversing that he had had the privalege of examining the grant to said Romero rancho; that it was a perfect grant made by Governor Micheltorena; and that said grant was then, as he, said Strode, believed, in the possession of a man whose name deponent does not now recollect; that on a certain occasion said man offered to deliver over to him, said Strode, said grant; that he, said Strode, at that time examined said grant very closely, as he was then engaged in the cases of adjoining ranchos; but that he declined receiving said grant into his possession, owing to the peculiar circumstances under which it was offered to him, said Strode. 157 Sworn to before me this 25th September, '57. A. W. WALL. JNO. A. MONROE, Filed Nov. 20th, 1857. J. EDGAR GRYMES, Deputy Cl❜k. Deposition of Cornelius Yeager. In the district court of the United States, northern district of California. Cornelius Yeager, being sworn, says that he is now county clerk of Contra Costa county, and resides in the town of Martinez; that he has an interest in the Romero ranch; that he purchased said interest in 1851; that previous to and in contemplation of said purchase, he and one John M. Jones, who now lives on said ranch, went to consult 158 Mr. Geo. B. Tingley, who was at that time a prominent attorney in San José, in regard to the validity of the Romero title; that at said interview in said Tingley's office at San José, he (said Tingley) told this deponent and said Jones that he was perfectly conversant with Spanish titles, and particularly with the Romero title; that he had gone over all the title papers in said case, in a lawsuit between Peralta and the Romeros, and was perfectly familiar with them; that the title to said ranch was as good and honest and valid as any in the State of California, and said to us in familiar language, "Go on, boys, and buy, for you are perfectly safe on that title. Deponent further says that he and said Jones went to San José to consult Mr. Tingley professionally in regard to said purchase. 159 Deponent further says that in June or July, 1851, he met Mr. C. B. Strode on said Romero rancho, and took him to the house of Capt. Wall, one of the owners occupying of said ranch, for the purpose of finding out as to the validity of said title; that at that time said Strode had a great reputation all through the country for a knowledge of Spanish grants and titles; that said Strode then told deponent and said Wall that he had seen said title papers of the Romeros, and had read them; and that their title was as perfect and valid as any title in California; and that they were perfectly safe in purchasing under it; that he was not attorney for the said ranch, but that, notwithstanding that, he felt that he was not authorized to withhold from them information in regard to the whereabouts of the title papers to which they were justly entitled as owners of said ranch; and that he had seen said papers in the hands of Mr. Sanford, an attorney who had been living at Benicia; that he had seen and read said papers in Sanford's office at Benicia, and that the title was indisputable; that said Sanford was at that time somewhere in the mines. Deponent further says that his answer was, in reply to deponent's statement to said Strode, that he had a great deal of difficulty in finding the title papers of said ranch. Deponent further says that he has made every endeavor to find said title papers, that he has always heard of the existence of said title and has spent over $100 in travelling around from place to place to find said title; and that he has been unable to find them, and that he verily believes that said title papers are now lost. Deponent further says that in 1852 the owners of said ranch assembled in Martinez and by vote deputized deponent to procure counsel, search for the title papers, and procure witnesses to present and prosecute said claim before the land commission; that this was prior to deponent's 160. making any effort to procure said title papers, as above mentioned. CORNELIUS YEAGER. Sworn and subscribed before me this 29th day of September, 1857. P. K. WOODSIDE, Notary Public. Service of the within petition and affidavit, admitted this 5th day of Oct., 1857. Filed Nov. 20th, 1857. P. DELLA TORE, U. S. Att'y. J. EDGAR GRYMES, Deputy Cl’k. Deposition of John B. Richmond.-Stipulation, p. 241. STATE OF CALIFORNIA, County of Nevada, ss: John B. Richmond, of lawful age, at present residing in the town and county of Nevada, State of California, being duly sworn, deposes and says: That in the year 1851 he resided in the town of Benicia, California; 161 that early in the spring of said year E. H. Sanford, a lawyer, rented of him an office in the upper story of the store occupied by him, and used and occupied the same until some time in the spring of 1852, at which time Sanford left Benicia and went to the southern mines. At the time he left, or shortly after, his trunk, containing his effects, was removed and placed in the loft of the building, and there remained until about the time that Sanford left for the Atlantic States, which I think was in 1853. He came down from the mountains, and, as affiant was at that time informed by the occupants of the store, (himself being at that immediate time in San Francisco,) got his trunk and started for San Francisco, complaining, at the time, that he had lost some valuables from his trunk, as this affiant was informed by the parties in the store as aforesaid. And further this deponent saith not. JOHN B. RICHMOND. Subscribed and sworn to before me this 6th day of November, A. D. 1857, as witness my hand and seal. THOMAS P. HAWLEY, Filed Nov. 20th, 1857. J. EDGAR GRYMES, Deputy Cl❜k. 162 Deposition of Joseph Winston.-Stipulation, p. 241. STATE OF CALIFORNIA, Plumas County, ss: Before me, the undersigned, notary public in and for the county of Plumas, State aforesaid, personally appeared Joseph Winston, who, being by me duly sworn, deposes and says that during the winter of 1853 and 1854 he was residing in the city of Benicia, in Solano county, State aforesaid; that he and one F. H. Sanford, a lawyer by profession, occupied adjoining rooms of the upper story of a building, the lower story of which was occupied as a store or storehouse by John Richmond, or by John Richmond & Co.; that during said winter the said Sanford left the State of California; that said Sanford left in the room occupied by him a trunk and a painted box, in which were contained, among other things, a mass of old papers, the contents of which were never known, or are not now remembered by affiant. Affiant further states that when he left Benicia in 1854, in the fall, that said trunk and box had been removed by some person to affiant unknown; that a short time after said Sanford left, said room 163 was occupied by clerks of the State treasurer, Major Roman, among whom were James Ewing, Mr. Phelan, and John Hays. The trunk and box was removed prior to the occupation of the said room by the aforesaid clerks; and this affiant does verily believe that all the papers and manuscrips contained in said trunk and box were lost. J. P. WINSTON. Subscribed and sworn to before me this 26th day of October, A. D. 1857. In testimony whereof, I hereunto affix my seal of my said office of notary public of said county of Plumas and State of California. [SEAL.] JOHN D. GOODWIN, Notary Public, Plumas county, California. Filed Nov. 20th, 1857. J. EDGAR GRYMES, Deputy Clerk Affidavit of Vincente Gomez. 164 In the district court of the United States for the northern district of California. INNOCENTIO ROMERO et al. vs. THE UNITED STATES. SAN FRANCISCO COUNTY, 88: Vincente Gomez being sworn, says that he was a clerk (escribiente) for Gov. Micheltorena, from the day he landed in Monterey, when he first came to California, till the day he left California; that he often saw the Romros in Monterey during the year 1844; that they were back and forth endeavoring to get a title to their ranch from Gov. Micheltorena; that he does not now recollect all the particulars of said application with refreshing his memory; but that certain parties connected with the governor, and having influence with him, interested themselves in behalf of the Romros, and obtained for them a final concession of their ranch in absolute property; that the ranch they obtained a grant for was in the vicinity of Monte Diablo, in the present county of Contra Costa, and was a sobrante of the ranches of Moraga, and Pacheco, and Welsh, and other neighbors; that he does not recollect to have seen the title papers at the time, but that he heard Micheltorena say that he had given a title to the Romeros for said ranch. That Micheltorena said so to witness himself. VINCENTE PERF'CO GOMEZ. Sworn and subscribed before me this 18th day of Nov. 1857., EDWARD BYRNE, 165 Notary Public. Filed Nov. 20th, 1857. J. EDGAR GRYMES, Deputy Cl❜k. Affidavit of Leandro Luco. In the district court of the United States for the northern district of California. NORTHERN DISTRICT OF CALIFORNIA : Leandro Luco, of said district, being sworn, says that the Spanish language is his native language; that he has read the petitions of John Burton, alcalde, in the expediente on file in the above cause, and also the deed from Romero to Garcia, dated Jan. 15, 1844, (probably 1847,) in the Spanish language; that the language used 166 therein is very bad Spanish; and that it both bad spelling and bad grammer, and such as no Mexican who understood his own language would use in writing any document. Deponent further says that he has read the translations into English, and that they are very bad, and do not express the meaning of the originals. JOSÉ L. LUCO. Sworn and subscribed before me this 24th day of Nov., 1857. Deputy Cl❜k. Filed Nov. 24th, 1857, By J. EDGAR GRYMES, Deputy Cl'k. Order for rehearing. 167 District court of the United States for the northern district of THE UNITED STATES vs. INNOCENTIO ROMERO et al. California. No. 304 D. C. No. 654 L. C. On motion of Innocentio Romero et als., the appellants, by J. B. Crockett, esq., and after argument of counsel of both parties, it is ordered by the court that a rehearing be granted in this cause, and that the cause be replaced on the calendar for trial at the next term, with leave to both parties to introduce further evidence. SAN FRANCISCO, December 5, 1857. Filed Dec'r 5, 1857. J. EDGAR GRYMES, Deputy. |