The herald., 1896-02-02

Camilo and Feiicita Buendia de Capis-
trano, Mr.. Lewis and his friends assert
that on the Goth day of August, 1892, in
the Office OF Edwin A. Meserve on Temple
street, near New High in this city, Roeerio
Rocha attached his mark to a deed giving
to Mr.. Lewis all of his right and title to the
lands in question.
THE ACKNOWLEDGEMENT
At the same time and in the same place
Mr.. Meserve states that Lewis handed over
to Rogerio Rocha trust deed to do with
as he saw fit.
The signature Of Rogerio Rocha to the
deed was acknowledged by Anthony
Schwamm, notary public.
Mr.. Schwamm was seen by HERALD
| representative and asked to produce his
notarial record for the year 1892. He did 80.
That record fails to disclose any acknowl-
edgement by him of the deeds of Rogerio
Rocha to Lewis or of trust deed by Lewis
to Rocha. Mr.. Schwamm was asked the
question:
''If you had taken an acknowledgment
three and one-half years ago of an Indian
93 years old, who was compelled to sign
by mark and who first RAD the contents of
the paper he was signing interpreted to
him, do you not think that the facts would
be sufficiently impressed upon your mind
to remember at this time?"
CANNOT REMEMBER 1T,
II certainly would remember such ac-
knowled9ementif l had taken it. OF course
i. is possible that 1 did not enter it upon
my notarial record, although / made it q
rule to enter all my work there. Still the
Indian being present and the deed being
translated to him 1t does seem to me as if
such singular transaction would yet be
fresh in my recollection, happening az it
did only short time ago.''. ,a
MEsERvE Is CERTAIN
Mr.. Meserve was again seen and said
that Mr.. Schwamm certainly did acknowl-
edge the deed, also the trust deed of Lewis
back to Rocha. He was absolutely GER
tain about that.
During the years 's6, 's7. 'ss, SO, Shir-
ley G. Ward was the attorney for the Mis-
sion Indians. Mr.. Ward was seen by q
HERALD representative and asked if dur
ing his term of office he had made any ef-
fort to secure, for Rogerio Rocha his
rights. To this Mr.. Ward made the fol-
lowing reply in substance:
MIR. WARD TALKS
sNo sir, did not. I made thorough
examination of Rocha's case and decided
that whatever title he might have had was
extiliguished forever, and so reported to
the department"
''Mr. Ward, you still hold to the PROPOSE
ton then that RoQerio's title has been ut
terIy extineuished?"
II do.''
''That being the case, why did your
friend and successor, Mr.. Lewis, secure
from Rogerio Rocha deed to land the
title of which you say is entirely extin-
guished in 80 far as the Indian from whom
he obtained the deed is concerned? In
other words, in the face of your official re-
port that Rogerio Rocha had no title, why
did Mr.. Lewis get q quit-claim deed and
place it upon record. which deed conveyed
absolutely nothing according to your own
statement? Furthermore, why, as you
say, go to the trouble of deciding back a
trust when you claim there was nothing in
trust to deed back?"
AN EvASIvE ANSWER
To these interrogatories Mr.. Ward made
an evasive and pointless answer, referring
to indefinite rights which the Indian might
have. Mr.. Ward is Mr.. Lewis attorney in
the libel suit which Mr.. Lewis has brought
against this paper, and was largely instru-
men,al in the filing of the suit.
1t will become necessary during the
progress of the suit to investigate some Of
the acts of Mr.. Ward as attorney for the
Indians. The results of that investigation
will develop in due time, and the friends of
the young man trust that all of his official
acts, as we'll as his unofficial conduct, will
be found fully up to the high standard
upon which he places himself.
CERTAINLY COMPLICATED
The facts regarding tns deed of Rogerio
Rocha, it will be seen by the above state
ment, are rather complicated.
1t seems to bs, so far, q case of the In
dians on the one side and the white lawyers
on the other. THE HERALD has given an
exact relation of the statements of all par
ties. Somebody has erred. Who the err
ing ones are remains to be seen. Certain
ly by all these complications Rogerio
Rocha has failed to profit, and his case is
now in about as bad shape as it will ever
be possible for it to be.
ROCHA'S LATEST DEED
Rogerio Rocha has made deed during
the past month conveying to Pedro L. Lo-
peg Of San Fernando, all of his right, title
and interest in the disputed lands. Mr..
Lopez has known the Indian for over
twenty-five years. and they are great
friends. Mr.. Lopez has made it his busi.
ness to see that Rogerio never suffered for
want of food or shelter and as he thinks that
Lewis deed from Rocha is Invalid, he has
been advised to commence suit to set aside
the Lewis deed. This litigation will. per-
haps, open up soon.
DCELIS GRANT VOID
The Hon. Zachariah Montgomery in a
sSSM