The herald., 1896-01-23
LANDS Of ROGER|O ROCHAS
Judge Widney Says He Never
Had a Title
AN EXTRAORDINARY CASE
A Technically Upon Which a Default
Judgment Was Basel
An Answer Was Filed in the Case in the
Name OF Rodrigo Instead of
Rogerio-The Story


have been the subject of much discussion
since recital of the facts of his disposses-
sion were printed in THE HERALD of Tues
day morning.
The story, az related, was one of cruel
wrong and rank injustice, il the facts
stated were true, and would seriously affect
the title to about 440O acres of land in the
San Fernando valley. If Rocha ever had
title TO any land in the valley he has been
sharnefully betrayed by his attorneys.
This fact is clearly established by an eX-
animation of the re cords.
Judge r. NJ. Widney, who was attorney
for Messrs. Macay and Porter when they
secured judgment to eject the Indians on
December / /, 1883, was mentioned in the
original article published in The HERALD
Tuesday. The judge was seen yesterday
and gave the following relation as his story
of the case:
son June II, $40. E. de Cells obtained
from Don Pho Pico grant to certain lands
in the San Fernando valley for the consid-
Grafton OF $4,000, which amount was
specified in the deed. The only exception
that was contained in the grant de Cells
received from Pico was the following:
1.-The said purchaser convenanting to
maintain the actually existing old Indians
on these lands for the remainder of their
days so 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
"Now the question occurs, what was
meant by the term old Indians,' as re-
ferred to in the above clause? Rogero
Rocha is now about 90 years old. Fifty
years ago he was 40. Was he an old In-
dian at the time of the grant, and was he
included in the provision referring to old
Indians? A man is not old until he is 20,
and therefore l say Rocha was not old and
was not covered by the above clause Of
eXceptance.
"As far as Rocha and the Mission Indians
having any grant from Michetorena is con-
cerned, | never heard of it before and do
not believe any such grant exists. If it
does it has never been shown to my knowl-
edge.
"ln 1852, October z, the United States
land commissioner approved the de Cells
grant. 1t was confirmed July 8. 1888. An
appeal was taken by the government, and
in 1858 it was dismissed. The land was
surveyed in 1861 and the survey was APP
proved in 1868.
sc. Maclay bought the land under the de
Cells grant in S74 for $ll7, 800. and the
sale was approved.
"In 1878 an action was commenced in
the district court of this county against
John Doe Rogerio, Jane Doe Maria. John
Doe Rice, John and Jane Doe Smith, to
eject them. The sheriff served the papers
and found the true names of the defend
ants to be Rogerio Rocha. Maria Rocha,
Juana Rios, Jose Maria Vargos, Julian
Sepulveda and Ceramana.
''January so, 1873, demurrer was filed
for the defendant Rogerio, and March l.
1878, the demurrer was overruled. March
l 2 notice to that effect was given, together
with ten days time to answer. March %,
1878, an answer was filed in the name of
'Rodrigo'
"The case then rested until December l,
1888, when | was substituted as attorney
of the plaintiffs, and l asked that the
names of the defendants as they appeared
in the original complaint be stricken out
and their true names substituted as re-
turned by the sheriff. This was done.
Then no answer to the complaint appear
ing for the defendants, secured judg-
ment by default.
''The only answer in the case was for
Rodrigo, and no such party was in the lit-
CATION"
''But, Judge. right down in your heart of
hearts, don't you think, as matter of fact,
that the answer filed, as you say, in the
name of Rodrigo was the answer for Rog
eric Rocha. Don't you think that q poor,
broken down, unfortunate Indian was be-
trayed by a traitorous attorney when that
answer was filed in the name of Rodrigo?
Don't you think that when default judg-
ment was taken against Rogerio Rocha
that advantage was being taken of Il tech
nicalty to secure title to some rich land?"
mo, | do not. Rocha had no title to the
land whatever"
'Then, that being the case, why take adj
vantage of a technicaiity 10 secure de-
fault Judgment against him? Why not try
the case as regards him and his title on the
answer evidently filed in his behalf in the
name of Rodrigo?"
because we could not determine that
the Rodrigo answer was intended for Ro-
gerio Rocha."
Judge Widney exhibited to the reporter
q long abstract to the property in question.
The judges contention is that the title to
the land is now beyond question and that
the deed Rogerio Rocha gave to Frank d.
Lewis, the duly appointed attorney of the
Indians, is invalid, as no Indian can give
valid deed to anything.
Be this as it may Mr.. Lewis has such q
deed and he obtained it for $40. 1t is sim
guiar indeed that Mr.. Lewis should secure
from his client, whose rights he had been
engaged to protect, the deed to those very
rights, if no rights existed. and if the deed
to what rights did exist was valueless.
Judge Widney was himself formerly
judge of the district court for the district
including Los Angeles county. He knows
a great deal about Indian land titles.
An endeavor to locate Frank d. Lewis
has thus far been without avail. Mr.. Lewis
could undoubtedly throw some light on this
case. 1t is Il peculiar one, regarded in
every way, and one which has many fea-
lures of extraordinary interest.
Some years ago n circular was printed
which made a statement concerning the
case of Rogerio Rocha by committee of
the Indian Rights association. 1t was
signed by Philip c. Garrett of Lyon post
office, Philadelphia. Pa; Moses Pierce. "a
Broad street, Norwich, Conn.,; Joshua w.
Davis, 32 Sears building, Boston, Mass:
Austin Abbott, New York city; Elliott f.
Shepard, 2 West Fiftysec street, New
York.
The circular among other things stated:
"A few years since e. +. De Celes of Los
Angeles sold to the Hon. Charles Maclay
and Judge Widney the San Fernando grant,
inherited by him from his father, to whom
it was granted by the Mexican government,
which grant contained a clause excepting
the land occupied by the Indians.
IAN old Indian named Rogerio occupied
ten acres, the bounds of which were clear
ly defined, and upon which he has for
number of years paid taxes.
'tWhen the deed was made out the clause
in the old grant excepting this land of the
Indian was not incorporated in it. Mr.. De
Celes refused to sign it unless that clause
that it was not necessary for the protection
not his, and he could convey by deed only
what he owned.
"This, with the assurance of Messrs.
AEoolaxy ap1 Wi1r.ov hat ho Tr1;arc would