Petition.

5

To the honorable the board of the U. S. land commissioners appointed to settle private land claims in California: The petition of Inocencio Romero, Francisco Attoyo, Alvin C. Campbell, James W. Thompson, William H. Mitchell, John M. Jones, C. Yeager, Miguel Garcia, and José Romero, respectfully represent:

That in the year 1844 Manuel Micheltorena, then governor of California, in the name of the Mexican nation, by virtue of authority in him vested, the various laws of Mexico then in force, the laws, usages, and customs of the country affecting grants of land in California, granted in full property to your petitioners, Inocencio Romero and José Romero, with their brother Mariano Romero, the lands and rancho which is unoccupied in the neighborhood of the rancho of the Señor Don Joaquin Morega, Don Lorenzo Pacheco, and Julien Will, being a remainder over and above what belongs to the owners of those ranchos, said lands being situate in the present county of Contra Costa, and more particularly described in the papers and maps relating to said grant of land, copies of some of said papers being herewith filed and the originals to be produced and proved before your honorable board.

And your petitioners further state that conveyances have been made of some portions of said lands, vesting in your petitioners the interests following, that is to say, Inocencio Romero one-third, Francisco Attoyo one-twelfth, Alvin C. Campbell one-third, and James T. Thompson, William H. Mitchell, John M. Jones, C. Yeager two-twelfths, and Miguel Garcia and José Romero twotwelfths.

6

Your petitioners further state that at the present time they are unable to produce all the various conveyances above referred to, but so soon as the same can be had they ask leave to file the same as part of this petition.

Your petitioners further state that said lands have been occupied by the original grantees and those claiming under them, from the date of said grant until the present time, and there is no conflicting claim known to your petitioners.

The evidence upon which your petitioners rely in support of this claim consists of papers and maps relating to said grant of land, to be produced and proved, and the testimony of witnesses to be produced before your honorable board.

All of which your petitioners respectfully submit for such action as the justice and nature of their claim may require.

Filed in office February 28, 1853.

E. O. CROSBY,
Of Counsel.

GEO. FISHER, Secretary.

7

Dep. of A. M. Pico.

OFFICE OF THE COMMISSIONERS OF LAND CLAIMS IN CALIFORNIA.

This day came before Alpheus Felch, com'r., &c., Antonio Maria Pico, a witness in behalf of claimants, Inocencio Romero et al., being No. 654 on the docket of the said commissioners, and being duly sworn deposed as follows:

The ass't land agent was in attendance.

Questions by Mr. Crosby, att'y for claimants.

1st question. What are your name, age, and place of residence? Answer. My name is Antonio Maria Pico, my age is forty-three years, and my residence San José, Santa Clara county, California.

2nd question. Look on the paper here presented to you, marked "Exhibit No. 1," with the initials A. F., purporting to be an espediente in the case of the application of Inocencio Romero for a grant of land, which document is hereto attached and made a part of this deposition, and say whether you know the handwriting of Manuel Micheltorena, Manuel Jimeno, and Antonio Pico, and if so, whether their respective signatures appearing on said document are their true and genuine signatures.

Answer I know their handwriting; the signatures on said document are their true and genuine signatures, respectively; the last

named is own, and was signed by me as alcalde, at the time 8 of the date of the instrument to which it is attached.

3rd question. Look on the paper now here presented to you, marked "Exhibit No. 2," with the initials "A. F.," purporting to be an espediente for a grant of lands to the same persons, which documents hereto attached and made a part of this deposition, and say whether you know the handwriting thereto, purporting to be the signatures of said Micheltorena and Jimeno, and if so, whether these are their genuine signatures.

Answer. I know them, and these are genuine.

4th question. Look on the paper now here presented to you, marked "Exhibit No. 3," with the initials "A. F.," purporting to be a petition by José Romero to the alcalde, dated May 28, 1847, with the decree of the alcalde, John Burton, and a statement by Antonio M. Pico thereon, which document is hereto attached and made a part of this deposition, and state whether you know the signatures of José Romero, John Burton, and Antonio M. Pico, and if so, whether their respective signatures appearing thereon are their true and genuine signatures.

Answer. I have examined the document. I know the signatures of those persons, and recognize these as their true and genuine signatures, respectively.

9

5th question. Look on the paper now presented to you, marked "Exhibit No. 4," with the initials "A. F.," purporting to be signed in two places by John Burton, and dated on the 9th day of April, A. D. 1847, which document is hereto attached and made a part of this deposition, and say whether the signature of said

Burton thereto, in the two places in which it appears on said document, is the true and genuine signature of said Burton.

Answer. I have looked at it. The signatures of said Burton thereon are his true and genuine signatures.

6th question. Look on the paper now presented to you, marked "Exhibit No. 5," with the initials "A. F.," purporting to be signed. by John Burton, under date of April 5, 1847, which document is hereto attached and made a part of this deposition, and state whether the signature thereto is the true and genuine signature of said John Burton.

Answer. I have examined the document. The signature of John Burton appearing thereon is the true and genuine signature of said Burton.

7th question. Did you know John Burton personally? Have you seen him write, and was he at any time in the exercise of any public office, and if so, where, and at what time?

Answer. I know him personally, and have often seen him write. He was alcalde at San José both before and since the occupation of California by the United States. He is now dead. He was acting as alcalde at that place in the year 1846 and 1847.

10

8th question. Look on the paper now presented to you, marked Exhibit No. 6," with the initials "A. F.," purporting to be a deed of sale from José Romero to Francisco Garcia, dated January 15, 1847, which document is hereto attached and made a part of this deposition, and say whether you know the signatures appearing thereon, and if so, whether these are the true and genuine signatures of the persons purporting to have made the same.

Answer. I have examined the document, and I recognize the signatures of the following persons, respectively, appearing thereon as their true and genuine signatures, namely: John Burton, José Fernandez, Pedro Daly, and Antonio M. Pico. The name of José Romero and Maria Garcia were not put to the paper in my presence, but they both acknowledged to me that they made the sale of the land, as mentioned in the document.

9th question. Do you know the land claimed by the Romeros, and referred to in the above-mentioned papers? If yea, state where they are located, and what you know of the boundaries.

Answer. I know the lands. They are located in the county of Contra Costa, near Monte del Diablo. I received an order of Gover

11

nor Micheltorena to put the coterminous neighbors, the Pachecos and Moraga, into possession of their lands, and to measure the same for the purpose of separating their land from that of the Romeros. I was directed, by the same order, to put the Romeros into possession of the overplus lands not included in the premises belonging to the others. I summoned the coterminous neighbors to be there when I executed the order, but they did not appear. I did not then proceed to execute it, but afterwards I repeated the summons to them. They did not come at the time mentioned, and afterwards they told me they were sick, and that that was the reason they did not attend. In the meantime the Romeros made complaint to the governor, and I received from him a new order to

carry the former order into effect, upon which I told the Romeros to go there and settle. They did so, and built houses and corrals. They took possession in 1844.

10th question. What is the occupation of the Romeros?

Answer. They cultivate the land. They put cattle on it and have built a house. Inocencio Romero still occupies a portion of the land. The other portions are occupied by persons who have obtained rights in the same, and are carrying on extensive cultivation.

12

11th question. Look on the paper now here presented to you, "marked Exhibit No. 7," with the initials "A. F.," and annexed to this deposition and made a part thereof, and say whether the signatures of José Bolcoff, R. M. May, and K. H. Dimmick, appearing thereon, are the genuine signatures of the persons by whom they purport to have been made, and whether you are acquainted with their handwriting respectively

Answer. I am acquainted with the handwriting of José Bolcoff, R. M. May, and K. H. Dimmick. The signatures appearing on the document presented as theirs are the true and genuine signatures of them respectively.

12th question. Do you know whether the persons named in your last answer were, at the time of the date of the last mentioned document, in the exercise of any official functions, and if so, what?

Answer. José Bolcoff was alcalde at the mission of San José, and R. M. May and K. H. Dimmick were alcaldes in the town of San José at that time.

Questions by Mr. Greenhow, associate law agent.

1st question. Was any title to the land in question from Governor Micheltorena in favor of the Romeros ever exhibited to you? Answer. There never was.

13

ANTONIO M. PICO.

This testimony was given in the Spanish language, Mr. Fisher, secretary to the board of commissioners, acting as interpreter.

Subscribed and sworn before me at San Francisco this thirtieth day of August, A. D. 1853.

ALPHEUS FELCH.
Commissioner.

Filed in office Aug. 13, 1853.

GEO. FISHER, Sec'y.

No. 654.

Dep. of Elam Brown.

OFFICE OF THE BOARD OF U. S. LAND COMMISSIONERS, &c., &c.,

San Francisco, Dec'r 21st, 1853.

This day, before Com'r R. Aug. Thompson, came Elam Brown, a witness in behalf of claimants, Inocencio Romero et al., on petition No. 654, and being duly sworn deposed as follows:

Present Claimant's att'y and U. S. associate law agent.

In answer to questions, witness states his name is Elam Brown; his age fifty-seven years; residence Contra Costa county, Cal'a.

14

Question by claimant's att'y.

Do you know the rancho claimed in this case by Inocencio Romero and others? If so, state where it is situated and what you know of its occupation, cultivation, and improvement.

Answer. I first knew said rancho in July or August, 1847. Inocencio Romero was then residing there with his family; he had a small house, in which he lived, and a small garden enclosed; he had also a stock of cattle and horses; he was then engaged in framing the timbers for erecting a large house; the corral appeared to be two or three years old. Inocencio Romero has continued to reside there to the present time. I have understood said rancho adjoins the Pacheco rancho on the northeast; Welcher ranch on the north and northwest; Moraga on the west and southwest; and the Soto grant on the east and southeast. I never heard Romero claim beyond the stream called the Nueces; I have known him to make sales to that stream, but not beyond it.

Sworn and subscribed before me Dec. 25, 1853.

Filed in office Dec'r 21st, 1853.

ELAM BROWN.

R. AUG. THOMPSON, Com'r.

15

GEO. FISHER, Sec'y.

No. 654.

Dep. of José Jesus Policarpio Mesa.

OFFICE OF THE BOARD OF U. S. LAND COMMISSIONERS, &c., &c.,

San Francisco, Dec'r 21, 1853.

This day, before Com'r R. Aug. Thompson, came José Jesus Policarpio Mesa, a witness on behalf of claimant, Inocencio Romero et al., petition No. 654, and being sworn, his evidence, being in Spanish, was interpreted by the secretary as follows:

Present Claimant's att'y and U. S. associate law agent.

Witness states his name is José Jesus Policarpo Mesa; his age fifty-four; and residence Contra Costa.

Questions by claimant's att'y.

Do you know the rancho claimed in this case by Inocencio Romero and others? If so, state where it is situated and what you know of its occupation and cultivation.

Answer. I know said rancho, and have known it since 1845; it is situated about one league from my residence in the county of Contra Costa, and is the sobrante of the Pachecos, and adjoins the ranchos of Bartolo Pacheco, Lorenzo Pacheco, Joaquin Moraga, and Welch. It has been occupied by Inocencio Romero ever since I knew it, in 1845, with his family, and is still so; he had on it at that time a house, in which he lived; he also had corrals, fences, cattle, and horses, and a