The herald., 1896-02-02
Had the Idea Been Carried Out What a
Mockery II Would Have Been

side are candles and the usual orna ments.
During the visit of THE HERALD repre-
sentative to Rogerio's cabin several times
!. the Indian had occasion to pass into the
| back room to secure some papers Every
time that ne appeared before the altar, he
bowed is'head, crossed himself, and in an
undertone murmured brief prayer in
Spanish.
For two hours Rogerio talked and told
the story of his life. He never has bsen
addicted to the excessive use of splrituous
liquors aS have many of his people, and
this fact probably accounts for his extraor-
dinary longevity. He does not smoke and
this is probably one of the reasons why his
memory is SO clear as regards dates and
names.1 -
I -t A PATHETIC TALE .
In most pathetic and simple manner
I he detailed how his people had died from
various causes until he, of all the tribe, was
left almost alone in the world.
But the one subject above all others
which apparently interests Rogerio is to be
permitted to tell the story of his cruel evic-
ton from his lands, as he calls them.
He has great faith and thinks that some
day he will be restored and again occupy
the, familiar rancho which he says was
taken away from him "by two men on q
day when it was very Stormy"
He told of the early history Of his life
and how he had BEEN taught blythe Mission
fathers to be good auu truthful. OF his
father he spoke most pathetically, relating
how he died and where. In his own simple
way he said that his mother had died first,
and that afterwards his father had died of
grief.
ROGERIO'S TITLE
The lands from which Rogerio Rocha
was evicted, now the most valuable of the
San Fernando valley. were his by virtue of
grant from Micheltoreno made in 1S43
to Joaquin. Alcalde and forty. others.
Judge r. NJ. Widney mas claimed that no
such grant is in existence, or a least If
there is such grant in existence that he
never has seen or heard of it. Judge Wild
ney can very easily find, if he so desires,
a copy of the grant, which he can read for
his own information and future use. It is
on pages IL, 173 and 233 of the report of
the United States surveyor-general OF Cali
fornia, dated 1880. In this grant 44OO
acres is given in fee simple to Joaquin Al.
calde and forty partners, and R,gsrio
Rocha is one of the forty partners referred
to.
THE DE CELLS GRANT
The title to R,gerio Rocha's land which
Judge Widney afterwards defended in the
courts, Is claimed under grant made by
Don Pho Pico three years later to E. De
Cells, which included all the San Fernando
valley not previously granted to others.
This exception was expressly made in the
grant to De Cells in these words: .
"The said purchaser covenanting to
maintain the ac ually existing old Indians
on these lands for the remainder of their
days, 50 that they may raise their crops,
with the sole condition that they cannot
ALLEVIATE the lands which they may culti-
vate, and any other lands which they may
possess, without previous title from the de.
partmental governor"
Rogerio Rocha was then living on the
lands from which he was evicted, and his
age was 46.
THE ENTIRE GRANT ILLEGAL
| The contention is that the entire De
Cells grant is illegal, invalid and void, and
this question as to it's invalidity is thor
oughly reviewed elsewhere in this article.
However, be that as it may, the United
States land commission approved the De
| Cells grant in 1852. This action was con-
firmed in 1855. The land was surveyed
in 1861, and the survey was approved in
| 1865. &t
| C. Maclay bought the land in the de
Cells grant in 1874. Rogerio was then
living on it.. In 1878 an action was com.
TO nsa Ror 9TH &c I, ,sa
people from the lands upon which they were
then residing and which were claimed by
Maclay under the de Cells grant. In the
original complaint Rogerio Rocha was re-
ferred TO as John Doe Rogerio.
RoGEIRo's TRUE NAME.
/ The sheriff served the papers and in due
time made return that the true name of
John Doe Rogerio was Roserio Rocha.
January 80, 1878, demurrer was filed
for the defendat R5gerio, he being the
only one of the defendants for whom
any defense was made. 1t is quite ap.
! parent that the demurrer filad for Rogsrio
was the demurrer for Rogerio Roc.ia.
Anyway, March 1th, 1878, the demurrer
was overruled. March 18th, notice to that
effect wgs given to Rogerio's attorney to,
| kotucE With tou OdyS tiiuc Ill WuiCu u lIlc
| an answer.
AN ANSWER FILED
March 22d, 1878, within the specified
ten days, an answer was filed in this case
! in the name of Rodrigo. This was plainly
and palpably the answer of Rogerio. Here
the. matter rested for over fye years. De.
cember IL, 1888, Judge r. NJ, Widney ap'
pears in the case as attorneyffor the plain
tiff, and he asked the court when the case
was called up that Judgment be given
against Rogerio by default.
| JUDGMENT BY DEFAULT
Judgment was given as prayed for, al
though it certainly is apparent to any fair.
minded person that the answer fled in the
I name of Rodrigo was the answer of Ro.
gerio.
Judge Widney claims that Bogerio Rocha
never had the slightest title to any lands
which he claimed and the title to which
was the issue of this litigation.
| WHY DtD lie DO ri?
IF this was the case, why did Judge Wild.
uey take judgment against Rogerio by
default upon technical ground? Why
| did he not permit the case to be then and
there tried upon it's merits? The decision
obtained in this way would in all prob
ability have then forever settled the case.
He did not do so, however, but his client
availed himself Of technicality. :.
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