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Rancho Hermann 1845 |
Rancho Hermann
(1845-1853)
(Last updated: Saturday January 21, 2012)
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Rancho Hermann 1845 |
During the period 1845-1853 Wilhelm Benitz with various partners acquired the German Ranch. In 1845 he and Ernest Rufus surveyed (by eye) the land and Wilhelm drew the map shown below as the diseņo for a petition for a grant from the Mexican government. Per the court proceedings included below the petition was for 5 sitios de ganado mayor (5 California leagues), one league deep and five along the coast, bordered to the north and east by the Walhalla river (south branch of the Gualala river today) and the Pacific Ocean to the west.
Rufus went to Los Angeles to petition the Mexican governor (Pío Pico) for the land, which in 1846 was granted to Rufus in his name alone. At that time, the Mexican authorities did not like making grants to multiple owners. However, while in Los Angeles Rufus gave away 2.5 leagues, one and a quarter leagues each to Hügal and Henry Haeger - at the southern poorer end. But because Hügal took the best part, Wilhelm and Rufus reduced his share to one league. Rufus left the partnership in June, 1849. In July, 1849, Wilhelm with Charles Theodor Meyer bought out Hügal. Per Wilhelm's letter of June, 1853, he and Meyer sold a property (this ranch?) of 11,000 acres for $26,500 - yet according to the deeds, they sold their share of Rancho Herman for $15,000. The 11,000 acres is almost exactly 2 sq. leagues. They used the property for grazing and were not interested in the timber along the river.
It is interesting to note that: (1) in about 1846/48, between them Wilhelm and Rufus owned approximately 2/3 of the Sonoma county coastline, from the Walhalla (Gualala) river in the north to the Russian river in the south; (2) at its full extent the German Rancho, at its south end, included Stewart's Point and ended in the neighborhood of Horseshoe Cove (today's Salt Point State Park) and was not contiguous with Fort Ross; (3) Wilhelm was not very good at estimating distances - he claims the grant went inland one league (5,000 varas, 2.6 miles) as far as the Walhalla river, yet per a modern map, the river is only 1.5 miles inland.
12/24/91
Dear Peter,
Here are some "tidbits" that should interest you.
I’m sure it will take awhile to got through these.
By the way, I see David has me all wrong. I am a volunteer (one of a number) who has a Fort Ross orientation.
In "real" life, I am a Senior Research Engineer for SRI International, formerly Stanford Research Institute.
Looking forward to your communication,.
Sincerely,
Kaye Tomlin (signed)
Kaye Tomlin sent the following extract from the court proceedings concerning ownership of the German Ranch (or Rancho Hermann), undated. It includes only the pages numbered 58 through 65 and the above map. Per Robert Douglass (March, 2001) the pages are from the court proceedings:
Mayer, et al. v. United States California Land Case No. 199, 1852. The manuscript and original map are available at the Bancroft Library, Univ. of California at Berkeley.William Bennitz [sic] was then called, sworn and examined as a witness for defendants, and testified as follows:
By Mr. Crane. – Q. Do you know this land called German Rancho?
A. Yes, sir.
Q. How long have you known it?
A. Since the year 1845.
Q. What was the occasion of your knowing it in 1845?
A. I went with Mr. Rufus to see whether he could find a grant – apply to the Mexican Government for it.
Q. Ernest Rufus?
A. Yes, sir.
Q. What did you do then?
A. Well, we got out a petition; that is, in Rufus’ name, got out a petition, and applied to Governor Pio Pico for it.
Q. Petitioned for the German Rancho?
A. Yes, sir.
Q. Who else was interested with you for the petition for the ground?
A. There was no one interested except me and Rufus.
Q. Why did you take it in Rufus’ name?
A. Because the Mexican Government would never grant a grant of land in two names.
Q. Because the Government would not make a grant in two names?
A. No, sir.
Q. That was your understanding at that time?
A. Yes, sir.
Q. Well, what did Rufus do?
A. He went to Los Angeles; and during the time he promised Hugal a league and a quarter of land, and Henry Haegler also a league and a quarter.
Q. Then what took place with reference to the land between you all?
A. Well, the land laid for a year or so, then Hugal he put some cattle there.
Q. Was that before the deeds were made?
A. Yes, sir; I believe it was before the deeds were made.
Q. Did he put any improvements there?
A. Yes, sir.
Q. Will you look at that map if you please?
A. That is the same place that is marked there.
Q. Did he go there to live?
A. Yes, sir.
The Court.—Q. Hugal had no interest in the grant originally?
A. No, sir.
Q. Didn’t speak for it?
A. No, sir; neither Haegler. But Rufus and me were partners in this Fort Ross Ranch, and everything else we had was in company.
Q. After Rufus started down for the grant, he promised to give Hugal a league, and Haegler a league and a quarter?
A. No, sir; he promised Hugal a league and a quarter also, but Hugal took a choice of the land, and they had some dispute, and Rufus refused to give him a league and a quarter, and cut him down to a league.
Q. As to Haegler, he still gave him a league and a quarter?
A. Yes, sir; then Haegler, without asking us, me and Rufus, he went and moved on to the Walhalla Ranch, alongside of Hugal, and built a house a couple of hundred feet from Hugal’s house, and we wanted to reserve that house for us. We didn’t want all the good land taken up by others we had given it to, and had nothing but the bad land left to us, and so we protested against Haegler going there, and we gave him the lower league and a quarter, the most southern one on this grant.
The Court.—Q. Who was that you gave that to?
A. Henry Haegler.
Mr. Crane.—Hugal and Haegler are two different people?
Mr. Crane.—Well, go on and state then what was done about the division of the ranch, and making the deeds?
A. There was nothing done particularly. We all reserved it until the time it should be surveyed. There was a great deal of talk about where the boundaries would be. One guessed it would be here, and another one it would be there. In the first place, this land then was all over little gulches, that could not be seen.
Q. That is on the extreme north-eastern part?
A. Yes, sir; and it was all grass and chapparal, and it was very dangerous to travel over, because there was little gulches run with water underneath that deep; and, of course, we always, when we used to go up there, we always had to travel over the grass, until it got trampled down by the cattle; and this piece was always looked upon as – so we thought – Hugal’s line would be by his house, but eventually, I believe, it was further down. I can’t say.
Q. What was your understanding of the width of the ranch from the ocean, back?
A. We supposed it to be one league he would get. At any correct measurement, of one league, and five leagues in length.
Mr. Irving.—Q. Did you all suppose so?
A. Yes, sir; the back lines was of no consequence. It was no use for stock, and timber was then of no actual account. In those days, it was only in the way.
Mr. Paterson.—Q. The grant was by the boundaries from the Pacific Ocean to the Walhalla river, on the back, and on the north-west?
A. Yes, sir; the diseņo was made to run along the Walhalla, and we called the ranch then the Walhalla Ranch.
The Court.—The blue line along there?
A. Yes,sir; this is the river.
Q. Was that understood as the east boundary of the ranch in those days?
A. Yes, sir.
Mr. Crane.—Q. Wasn’t there two branches to that river?
A. Well, at the time the diseņo was made, we could not see them.
Mr. Haight.—Q. Your Honor means the northern boundary?
The Court.—A. Yes, sir.
The Witness.—A. We consider this the northern boundary.
Mr. Haight.—Q. You consider the river the northern boundary?
A. Yes, sir.
Mr. Crane.—Q. Who made the diseņo?
A. I made it myself.
Q. Just look at that, and see if that is a copy of it?
A. Yes, sir; I believe it is a copy of what I made.
Q. The diseņo was drawn by you, was it?
A. Yes, sir.
Q. At the time that Rufus went down to Los Angeles to get the grant?
A. Yes, sir.
Q. Now what is the width of the ranch, according to that diseņo? On what scale was it drawn?
A. I believe it is a league in width.
Q. Drawn upon the scale?
A. Yes, sir.
Q. Where did you make that diseņo? What place?
A. At Fort Ross. I made a pencil sketch up there on the ranch the first time we were there – the day before me and Rufus come here, I made a pencil sketch.
Q. What part of the ranch were you at?
A. We were on one of the little foot-hills, where we could see the point of the land.
Mr. Haight.—The whole of this testimony of Mr. Bennitz [sic] is of course taken in the same way?
Mr. Crane.—Yes, certainly; we understand that.
Q. Were you a surveyor by occupation?
A. No, sir.
Q. Had you ever been a surveyor?
A. No, sir; I have made a great many diseņos in the country here.
Q. You made it without any measurement, didn’t you?
A. Without measurement?
Q. Entirely from the eye?
A. Entirely.
Q. Was your purpose in making that diseņo to make the Walhalla river the northern boundary of the ranch?
A. Well, we knew by experience, that the petition would fill it out. We wanted five square leagues.
Q. That was what you had in view in making that diseņo and making the petition?
A. Yes, sir; and we didn’t care much for the northern line, for the land back.
Q. Because it was timber land?
A. Because it was timber land. We could not go over it. We could not look at the Walhalla, because the down timber kept us from going on and the underbrush.
Q. The fallen trees?
A. The trees decayed on the ground and the brush.
Q. Your idea mostly was to get grazing land, wasn’t it?
A. Grazing land, yes, sir.
Mr. Irving.—Q. Do you recollect anything about you and he going on the ranch together?
A. Who, Haegler?
Q. No, Hugal and yourself?
A. Yes, sir; but we didn’t pass it, for it was at a time when I bought him out. I bought out Hugal in 1848; I was coming from the mines. I think it was in the end of July, and Hugal was going there, and we met at Sonoma, and I brought him out right there, and he gave me the keys of his house, and told me to take charge of the stock and everything, and when he came back we would settle it.
We had drawn out a little agreement in Sonoma. It was acknowledged by Mr. Boggs. He was Alcalde – Governor Boggs, and he went to the mines, and afterwards when he came back, we went up to the ranch. He had a few things that he could take away. We came home the same day, and he never came on the ranch afterwards any more.
Q. Was anything said about the boundary lines at that time, or any other time, by Hugal?
A. Well, it was after talked over about the boundaries. What I understood always was that we would leave it to a survey, and it would be divided fairly.
Q. What did you understand, that is from Hugal, as to that southern line? Do you know what he considered that southern line?
A. The southern line of his –
Q. (Interrupting.) I call the southern line of the ranch—I mean the line running from the ocean out, as to how that line should run?
A. From the ocean back?
Q. Yes, sir.
A. Well, I suppose it would run in a right angle from the coast.
Q. You say that Hugal – you understand from Hugal, that he understood that to be the directions that the line should run?
A. Yes, sir; and after I bought him out, we had no talk about the line, you know. I was interested in the balance – in the northern league of land. I took his place – Hugal’s, and of course he thought that the ranch would be divided square, that is, running at right angles with the coast.
Q. Did you ever understand anything from him in reference to how he was holding that land? He was in possession of the land. Did you understand him to be in possession up, according to these lines or not?
A. Well, yes. He understood to hold it in that way. He had a fence here, and I heard him dispute, you know, that it would not take in his house, as his line would not come down to his house.
Q. What was the dispute?
A. Well, that he would be shoved further up the coast, that is, this way until it was paced off, and he said that he would take in that house and improvements.
Q. Then he was afraid that that line would not?
A. Would not take it in.
Q. But it does take it in?
A. It appears so.
Q. By a good deal doesn’t it?
A. I don’t know. It was not surveyed in my time, while I was up there.
Q. What possession did you take now, after you bought from Hugal – did you take according to those lines or not?
A. We didn’t go by any lines because me and Rufus –
Mr. Paterson.—He took possession of the north-west of where we claim.
The Witness.—A. Me and Rufus, we had such – we had all the same, but we wanted to deal fairly with him. Rufus and Hugal, they talked over it a good deal, about a quarter of a league of land – and they were not on good terms.
Mr. Crane.—Q. When you were in possession there, what did you consider the limit of your possession?
A. I don’t know how far it would go, whether it took in the house or more, but we always considered it would run from the coast direct to the back line.
Q. You always then considered that a line drawn from the coast towards the back line at right angles to the ocean, was the line under which you claim?
A. Yes, sir.
Q. By virtue of the deed from Hugal, were there any fences at that time on the ranch?
A. Yes, sir.
Q. Where were they?
A. There was a fence that run from the coast along a little gulch upon this side of his house, and he had a little garden there where he had fruit trees, and also a vegetable garden, and here he had bars, and a corral down here, and a little house on this place here. He had a little house or barn, warehouse to ship produce from.
Q. Who was in possession of the adjoining tract on the East; who was in possession of the adjoining tract?
A. This way?
Q. Yes, sir.
A. Well, when I bought out Hugal, Haegler was in possession, and we built that warehouse together. And I think we shipped some produce there; and me and Meyers, we shipped some produce there the year after.
<====== Sorry, that's all folks ======>
