The Nevada journal., 1854-09-08
strange Proceedings bef,re JUICE Wells
administration of Justice Subve~+e5

that we deem it our duty as the counsel Of th
parties who have been so deeply injured, t
lay all the facts before the public
Sometime in July last. 4 Bill of Equity va
fled in the District Court at Stockton, by In
minor heirs of Jose Maria Sanchez late q
Monterey county. deceased, against William
Roach who had been appointed their guardian
by the Probate Judge of Monterey and agains
Josiah Merritt, the Probate Judge, who ha,
appointed him. The eldest Of these heirs ba,
been married to Daniel Wilson sin. G the guar
dianship of Roach commenced And she an(
her husband were actual residents of San Joa
quin, where the bill was fled They sned II
their own right, and the District Judge ap
pointed Wilson guardian ad Item to represent
the other children, who are I'll under the ace
of fourteen years. The COMPLAINT averrnd tba
the Probate Judge had appointed said Roach
as their guardian fraudulently, and aeaipst
their own wishes and the wishes Of their flmiIv
and friends. That he had frauduIen,lv ordered
SAID Roach 10 sell and convert ali their par.
sonal property into money That said Roach
had traudnlcntly sold all said property. and
had realized at run0us sacrifices. in actnai
cash ont OF said sales, ST3.446 G7. (5cvcnty-
three thousand four hundred and forty-sx dol
! lars. slXty-seven cents It was further set
forth that said Merritt and Roach had com
bined and conspired together to cheat swindIe
and defrand these children out of the whole
amount Of this money That Roach was loao-
ing 1t out for his own benefit, without aav
order of Court that he had never invested
dollar Of it for their benefit; that he had vio-
lated his trust and his oath as guardian: that
| he refused TO pay their necessary expenses, or
| to furnish them with necessary wearing apparel
and that they had been obliged TO quit school
at san Jose for want of money to paw their
school bills whilst Roach had this large sum
in his hands belonging 20 them
| 1t vas charged that said Probate juice was
aiding and assisting him in this necarious work
| OF spoIIation and plundcr; that both Roach and
a majority Of his suret e3 We're utterly insoyent
and that there was imminent danger of the
whole amount Of the money being sGuandcr2d
and lost, unless the Judge would immediately
interfere by ali Injunction. and the appointment
| OF a Receiver. This bill was sworn to. and
Judge Creanor granted an Injunction restrain
! mg Roach from any further acting as guar
dian until farther orders. and he also appointed
a Receiver who gave bond of &I00.N00--
| The Judge authorized him to demand of Roach
| the immediate surrender Of the trust money;
and he commanded Roach to surrender it
forthwith to the Receiver. This Roach re
fused to do, and defcd the power Of the Dis
trict Court to get it cut Of his hands. His
retnsal was shown to the Judge by afIllayit
and Roach was attached for c0ntcmDt. Upon
being brought beihre the ,Iudre to answer
lie then again refused to give up one dollar.
and his counsel and himself defed the Court to
make him do it. Judge Creanor adldrcd nim
to be IN contempt, and as it appeared from
Roach'S answer and the proofs, that he had the
money he was ordered to be committed 10 the
common Jail of San Joaquin county, there to
remain charged with tic contempt until he
paid over the money to the Receiver.
| The prisoner thcn applied to Judge Wells
tor writ OF habeaS corpus. and for q certiora-
RI and supeTsedeaS all which were granted.
land OIL Monday last the Csc was heard on
the habeaS corpus al San Jose. All the offic-
lalS OF Monterey We're present, aiding and
assisting Roach. Among his friends and sup
poTteFS were the Probate Judge. the Coroner,
the >herlH, the Constable, and = K. Wood.
sides, Clerk of the Supreme Court.
The Sheriff of Stockton made q return
IshoTing that he held the prise ler for con-
tempt. The c0uusel for Roach appeared to
think that TIE trial would be on their petition
for the writ. instead Of on the retarn of the
Sheriff The Judge Informed them that the
existence and validity Of the warrant of COM
mitnlent were the only facts On which issae
could be taken; that they might traverse the
return, or except to it for nsufficiency. They
were unable to DO either. and the Court ruled
that as the commitment was for contempt he
had no power to reverse it or to set it aside;
that he could not go beyond the colorabe
authority of the Judge, and it was clear that
the District Court was a court Of competent
Jurisdiction over the subject Of contempts. and
that its Judgment was final and conclusive
He refused to receive proof Or hea~ argument
on any other point, and said that it w1ald be
his duty to remand the prisoner. ard that he
would give his Judgment in the morning.
At eleven o'clock next day, the Judge came
into court, and read bis opinion, affirming all
the legal propositions above set forth ard de-
cded that he had 80 power to discharge the
IpriSoner: But. said he. as there are some other
|questions involved in this case, shall hold the
prisoner in custody until the first Monday o
IOctober next, until the opinion of the f1ll
Bench can be made on the certiorari which
had been issued by himself in this case.
he Judge said he should put him in charge
of the Sheriff of Santa Clara, but the Sher;f
not beng at that moment in the rooHi, he said
he would appoint special deputy to taks
charge of him, and should appoint NJ. Fonti
Mr. E. declined the honor about to be confer
red On him; said be had no Jail to keep him in
and coald not be responsible for him. The
Judge then looked around the room for soml
other person in whose charge to put the pris
oner, when we reminded him Of the great i'm
portance of the case, that the entire fortune o
orphan children was at stake, and that there
ishould be some security against the escape o
the prisoner; that if he took him out of the
icustody Of the Sheriff Of Stockton, the only
person in whose custody he could properly
blaze him was the Sheriff Of Santa Clara. whe
had jail to keep him in. Mr.. Roach here
said he had personal objection to the sheriff o
Santa Clara, and Mr.. Perley observed that
there was no color Of Law for Judge Wells tC
appoint deputy; that he had no right to d,
: any such thing; that he must either discharge
the prisoner, or remand him. Mr.. 2. alsc
asked the Judge who was responsible for tn,
L. bo ,,1ooo time and ilc ~or7licl ~,