The weekly Placer herald., 1854-09-09
Strange Proceedings before
Judge Wells.
.adminastration of Justice Subverted.

supreme court, or so extraordinary ana
startling character, that we deem il our
duty as the counsel Of the parties who
have been SO deeply injured, to lay all the
facts before the public.
Some time in July last, bill in equity
was filed IN the District Court, at Stock
ton, by the minor heirs of Jose Maria
Sanchez, late of Monterey county, de
ceased, aga inst William Roach, who had
been appointed their guardian by the Pro
bate Judge Of Monterey, and against Jo
sah Merritt, the probate Judge who bad
had been married to Danel Wilson since
the guardianship of Roach commenced
and she and her husband were actual resi-
dents of San joaquin county, where the
bill was filed. They sued in their own
right, and the District Judge appointed
Wilson guardian ad Htun, to represent
the other children, who were all under the
age of fourteen years. The complaint
averred that the probate Judge had ap.
pointed said Roach their guardian fraudu-
lently, and against their own wishes and
the wishes of their fami y and iriend$.-
! hat he had fraudulently ordered said
al property into money. That said Roach
had fraudulenly y sold all of said property,
and had realized at ruinouS ~arrIfireS, IN
actual cash, out of said sales, SIS, ,446 81.
Ii was further set forth that said Merritt
aud Roach had combined and conSpired
together to cheat, swindIe and dttrauh
these children out of the whole amount of
th. money. That tOach was lOaniug it
ont for his own bpnefit, without any order
from the court that he never had invest
ed dollar for their bene fit that he had
violated his trust and oath as guardian
that he refused to pay their necessary ex
perses or to furnish them with the ueces
sary wearing apparel, and that they had
been Obliged to quit school at San Jose,
for want of money to pay their school
bills, while Roach had this large sum in
his hands belonging 10 them.
1t was charged that said probate judge
was aiding and assisting him in this ne
farious work of spoIlation and plunder !;
that both Roach and Il ma orIty of his su
rites we're utterly lnsoIvent, and that there
was imminent danger of the " no g amount
of the money being squandered aud lost,
unless the judge would immediate inter
irre, by an Injunction, and the appoint
tnrnt Of Receiper. This bill WAS sworn
to, aud Judge Crtaner granted an injunc-
tInn, restraining Roach from any turh
aciion as guardian until further order;
aud he also appointed II Receiver, who
gave h"nd of one hundred thousand dol
lars. he Judge authorised him tO de
ulnnh of Roach the Immediate surrender
of The trust money aud he commanded
Roach to surrender it forthwith to the Re
criy-r. ] his Roach refused to do, and
d.fird the power of the District Court to
get il out of his hands. His refusal was
shown To the Judge b, affidavit, and
Roach was attached for contempt Upon
being brought before ,hr Judge TO alIswr or,
he then again refused to give up one dol
lar, and his counsel and himself detied the
court to M ke him do it. Judge reaner
adjudged him TO he in contempt, and as it
appeared from Roach'S answers and The
proofs that he had the money, he was or
dered to be committed to the common Jail
of San Joaquin county, there TO remain,
charged with the contempt until he paid
over the money to the Receiver
The prisoner then applied to Judge
Wells for II writ OF habeas corpus, and
for certiorari and superseadeas, all of
which were granted, and on Monday last
the case WAS heard on the haheas corpus
at San Jose All the officials of Monte
rey were present, aiding and assisting
Roach. Amung his friends and support
ers were the Probate Judge, the Coroner,
the sheriff, the Constable, and p X
" ood>ides, Jerk of the Supreme Court.
The Sheriff Of Stockton made Il return
showing that he he d the prisoner for
CONTEMPT. The couaseI for Roach APP
peared to think that the trial would be on
their petition for Il writ, instead OF on the
return Of the Sheriff The Judge informed
them that the existence and validity OF the
warrant of commitment were the only
facts on whirh issue could he taken ); that
they might traverse the return, Or except
to it for insuffirienry. They were unable
to do either, AZ d the Court ruled that as
the commitment was for contempt, he had
no power to reserve it or to SIT 1t ashd"
that he could not go beyond the colorado
authority of the Judge, and 1t was clear
that the District Court was a courtO com
petent jurisdiction over the subject of con
tempts, and that its judgment was final
and conclusive. lie refused to receive
proof or hear argument on any other point,
and said that it would be hi, duty to re
mand the prisoner, and that he would give
his Judgment in The morning.
At II O'Clock next day, the Judge came
into court and read his opinion, affirming
al the .pval rol,OsitiOus above set forth,