Donner's attorneys adopted this course because, at the first trial, the
squatters had produced the copy of the grant which had actually been
issued and delivered. This they had obtained possession of and
mutilated, and then had surreptitiously placed it in the office of the
County Clerk of San Francisco, who was the custodian of the records of
the office of the Alcaldes of San Francisco. Their purpose was to make
it appear that it had never been signed or issued by the Alcalde, but
had been transferred with the other papers and records of that office to
the office of the County Clerk. This document was written on paper
having the same watermarks as numerous other grants to other persons,
admitted to be genuine, made about the same time as the grant to Donner.
The body of this instrument was in the handwriting of the then clerk of
the Alcalde, and the certificate that the Alcalde's fees had been paid
bore the genuine signature of the clerk. There was, however, no
signature or name where the signature of the Alcalde should have been;
but there was, instead, a plain, palpable erasure, easily seen by
holding the paper to the light.
George Donner lived to see his property become very valuable, but the
vexatious litigation above described was not terminated until after his
death.
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