upon those documents, their genuine signatures, and are you acquainted with their genuine signatures?

Ans. 6. Yes, sir; I am acquainted with the handwriting of Jimeno and Micheltorena, and their signatures on those documents are genuine. Ques. 7. What action was had by the governor on the Romeros' petition?

Ans. 7. The governor submitted the petition to the information of the secretary, alcalde, &c.

Ques. 8. What was further done by the governor upon these "informes?'

Ans. 8. He decreed and ordered the title to be made.

Ques. 9. Do you recollect if the title was made out, and if so by

whom?

181

Ans 9. I remember that the title was ordered to be made out by the governor, and was done by one of the clerks of the office. I do not remember whether it was Don Tomas Soberanes or Don Pedro Estrada who wrote it out.

Ques. 10. Did you see the grant, and was it delivered to the Romeros; if so by whom?

(Question objected to as leading.)

Ans. 10. I saw the title; it was signed by the governor and secretary, and it was delivered by me to Innocencio Romero.

Ques. 11. Do you recollect the contents of the grant? If so, state what they were.

(Question objected to on the ground that no foundation had been laid for parol evidence of the contents of the grant.)

Ans. 11. I recollect that the grant was made to the Romeros, as I have above stated, granting the sobrante of land in Contra Costa county, situated between the ranchos of Moraga, Pacheco, and Welch. The grant was made subject to the sobrante alone. I mean that the ranch embraced all the sobrante of those ranchos.

The petitioner was asked by the officials how many leagues he calculated the sobrante to be, and he answered that he had never surveyed it, but he thought that it contained four or five leagues. Ques. 12th. In what form was the grant?

(Question objected to.)

Ans. 12th. It was in the usual legal form as all the others.

Ques. 13th. Were you familiar with the customary form of the grants?

182

official..

Ans. 13th. Yes; I was.

Ques. 14th. How did you become so?

Ans. 14. Because I was employed, and it was my duty as an

Ques. 15. Do you know the date of this grant?

Ans. 15. I do not remember exactly: the title was drawn in 1844. Ques. 16. Who were the grantees named in that title?

Ans. 16. Innocencio, José, and Mariano Romero-three brothers.

Ques. 17. By whom was the grant signed?

Ans. 17. By Micheltorena and Jimeno, sec'y.

Ques. 18. Were the signatures of Micheltorena and Jimeno to that grant genuine?

Ans. 18. They are genuine.

Ques. 19. Can you state whether that grant was made before or after the report of Manuel Jimeno, dated 23rd of March, 1844, and the order of Micheltorena of the same date, which appear in the expediente, and are now exhibited to you?

Ans. 19. I remember, that after the date of this order, "March 23rd, 1844," that there was an agreement made between Soto and and the petitioner, and the government gave the order that a title should be made in consequence of the agreement which they had made. The grant was made after this report and order dated March 23rd, 1844.

183 Ques. 20. Was the grant made before or after the agreement you speak of between the Romeros and Soto?

Ans. 20. After.

Ques. 21. Was that agreement between Soto and the Romeros in writing or verbal ?

Ans. 21. Verbal, in the presence of the governor and the secretary. Ques. 22. What Soto was it that you speak of?

Ans. 22. I refer to Francisco Soto, alias Cabo.

Ques. 23. Is Francisco Soto now living or dead?
Ans. 23. He is dead.

Ques. 24. When did he die?

Ans. 24. I do not remember.

Ques. 25 After this grant to the Romeros was made, what was done with it?

Ans. 25. It was delivered to the petitioner.

Ques. 26. Was this grant to the Romeros, that you say was in the ordinary form, a mere provisional or conditional concession, or was it a complete and absolute concession in ownership?

(Question objected to as leading.)

Ans. 26. It was a complete concession in good and legal terms. Ques. 27. Have you ever seen that the grant since you delivered it to the Romeros?

Ans. 27. No, sir.

Ques. 28. Do you know where it is now?

Ans. 28. No, sir.

184

Cross-examination.

Ques. 29. Where were you when you drafted the petition for the grant of the land for the Romeros?

Ans. 29. I. Monterey.

Ques. 30. At whose request did you draft it?

Ans. 30. At the request of Innocencio Romero, who was recommended to him by some friends.

Ques. 31. Who were the friends you allude to?

Ans. 31. Antonio Chavis-I do not remember the names of the others.

Ques. 32. Where did Chavis then live?

Ans. 32. In Monterey.

Ques. 33. To whom did you hand the draft of the petition when you completed it?

Ans. 33. To the petitioner.

Ques. 34. When did you next see it?

Ans. 34. I saw it several times at that time, and now lately I have seen it in the archives. I do not remember exactly when it was, but it was while the expediente was being formed.

Ques. 35. Where was it when you next saw it-in whose possession?

Ans. 35. I do not remember whether it was in my possession or the secretary's.

Ques. 36. Do you remember the order entered on the margin of the petition, dated the 18th of January, 1844?

185

Ans. 36. Yes, sir.

Ques. 37. Who wrote that order?

Ans. 37. It was written by Governor Micheltorena.

Ques. 38. Were you present when the order was written, or do you speak from your knowledge of his handwriting?

Ans. 38. I do not know whether I was present. I infer from the handwriting.

Ques. 39. Do you remember the report made by Manuel Jimeno, in obedience to said marginal order?

Ans. 39. I do not recollect. But I recollect it was asking information from the authorities.

Ques. 40. Do you remember the communication signed by Manuel Jimeno, in which he states the the governor decrees that the 1st alcalde of the town of San José report upon the petition?

Ans. 40. I remember that in the expediente there is a "informe " asked by the secretary, Man'l Jimeno, from the judge of San José. Ques. 41. In whose handwriting is it?

Ans. 41. I do not remember in whose handwriting it is, but I think it was in mine.

Ques. 42. Do you speak from your present recollection of what occurred at that time, or from the knowledge of the handwriting you have recently seen in the expediente?

186 Ans. 42. I remember both ways on account of what occurred at the time, and from what I recollect from the expediente. Ques. 43. Was there any report made by the judge of San José pursuant to that request? And if so, by whom?

(Question objected to on the ground that if there was any such report it must have been in writing: the writing must be produced or its absence accounted for.)

Ans. 43. It was done by the judge or alcalde at that time, who, according to my recollection, was Antonio Maria Pico.

Ques. 44. Do you remember when that report was received in Monterey?

Ans. 44. I do not remember.

Ques. 45. Have you any knowledge that it was ever received there except from the circumstance that you saw it in the expediente at that place?

Ans. 45. It was received in Monterey. I remember, by many circumstances at that time, that I saw it, and that I had it in my own hands.

Ques. 46. What did the governer first do in reference to the petition after receiving that report?

Ans. 46. He passed it over to the secretary.

Ques. 47. What did the secretary do with it?

Ans. 47. The secretary gave time for the Romeros and Soto 187 to have an agreement, in order to see whether they could settle the question.

Ques. 48. Did he make an order to that effect in writing, or was it merely verbal ?

Ans. 48. He gave me the order verbally.

Ques. 49. Did you write it?

Ans. 49. I do not recollect.

Ques. 50. Who was present at the time that Jimeno gave you that verbal order?

Ans. 50. I do not remember.

Ques. 51. Did you ever communicate that order to any one; if so, to whom, and when?

Ans. 51. I remember having spoken with the petitioner, stating to him that he required time for the agreement. I do not exactly remember the date, but it was one of those dates. I do not know whether it was in the first report or the one before the last.

Ques. 52. Where was it that you communicated that to the petitioner ?

Ans. 52. In Monterey.

Ques. 53. How long after that was it before the governor decreed the grant to be made?

Ans. 53. I do not remember.

Ques. 54. Was 1, 2, 3, 4, 5, 6, 7, or 8 months?

Ans. 54. It might have been during that period, but I do not recollect when?

Ques. 55. Do you remember what season of the year was it?

188

Ans. 55. I do not recollect whether it was in spring, winter, summer, or fall of the year.

Ques. 56. Do you remember whether it was in the year

1844, or 1845 ?

Ans. 56. I recollect that it was in 1844?

Ques. 57. From what circumstance do you recollect that it was in 1844?

Ans. 57. At that time, in 1844, I was contented, happy, and satisfied, and that is the reason that I recollect it.

Ques. 58. Did that happy state of contentment continue during the entire year of 1844?

(Question objected to as irrevelant.)

Ans. 58. I had different epochs at that time, but I believe I enjoyed it the whole year.

Ques. 59. Were you personally present when Francisco Soto and the petitioner announced to the governor that they had come to an agreement?

Ans. 59. Yes.

Ques. 60 When and where did that take place?

Ans. 60. This took place some days after that in the private

residence of the governor. They had an agreement made between Soto and the petitioner. I do not recollect in what month it was, whether July, August, September, or October, 1844. They came backwards and forwards several times before the agreement was made.

Ques. 61. Please name all the parties that were present before the governor at that time.

189 Ans. 61. The parties, Soto, Innocentio, Romero, Jimeno, sec'y, and myself; I do not remember the others.

Ques. 62. Was there no note of that agreement written down by any of those officials on that occasion?

Ans. 62. I do not remember whether there was anything written, but I only recollect the verbal agreement in which Soto desisted from his claim.

Ques. 63. To what extent did Soto desist or yield his claim?

Ans. 63. The claim of Soto was nothing but a mere superficial claim of little value, in consequence, according to my way of thinking, that there was no demand or representation on the Soto's part to obtain the right of the land. Soto yielded his claim and the governor ordered that the title should be issued.

Ques. 64 At what time did the governor order that?

Ans. 64. I do not recollect.

Ques. 65. Did he make it on the same day that Soto yielded his claim, or on a subsequent day?

Ans. 65. I do not remember.

Ques. 66. Were you present when the governor made that order? Ans. 66. I do not remember.

Ques. 67. When did you first see that order, and where?

190

(Question objected to on the ground that it assumes that the order was made in writing.)

Ans. 67. I have said several times before that it was made at the governor's; the time and date I do not remember.

Ques. 68. When and where did you first see the order which you have said the governor made directing a title to be given? (Question objected to on the same ground as the last.)

Ans. 68. With respect to that, I do not recollect; the order was received by the secretary, given by the governor.

Ques. 69. How do you know that the governor made the order and that the secretary received it?

Ans. 69. Because I knew afterwards that the governor had given it, and that the secretary never did anything except with special orders from the governor. The secretary gave me the order to draw the title; it was done so; it was signed by the governor and the secretary, and delivered to the petitioner.

Ques. 70. Was the title then drawn by you and in your handwriting?

Ans. 70. I have already said that it was in the handwriting of one of the officials; it was not written by me.

Ques. 71. Did you see it written?

Ans. 71. Yes.

Ques. 72. Name the clerk who wrote it?

Ans. 72. I do not remember; I have already said that it was

[REC. CLXXX, D. T. 1862.]—6