Supreme court of the United States. No. 135. The United States, appellants, vs. John A. Sutter. Appeal from the District court U.S. for the Northern district of California.

16 The United States vs. Sutter.
Deposition of Sam' 1 J. Hensley.
SAN FRANCISCO, February 2d, 1853.
On this day, before Com'r Henry J. Thornton, came Sam'l J. Hensley, a witness produced in behalf of the claimant, John A. Sutter,
petition No. 92, and was duly sworn, his evidence being given in
English.
The U. S. law agent was present.
Questions by claimant.
1st question. What is your name, age, and place of residence; and
how long have you resided there?
Ans. My name is Sam'l J. Hensley; my age about thirty-six; my
place of residence in San Jose, California, in which State I have lived
ever since the year 1843.
2d question. Are you acquainted with John A. Sutter, the claimant
in this case, and with the place called New Helvetia? If yea, state
how long you have known them, and what you know of first settlement
of the said place called New Helvetia, and by whom it was settled.
Ans. I am acquainted with both Sutter and the place spoken of. I
have known Sutter ever since the year 1836. I arrived at New Helvetia, the place claimed, in 1843. It was a long adobe building, surrounded by a wall of adobe, of the hith of about fifteen feet, and width
about three feet. The enclosure by this wall was area of about one
hundred and eighty yards in length, and about seventy in width.
There were two bastions finished on the angles of the wall, and four
guns mounted on each of them. These were fenced at the time.
Within this part were dwelling-houses and houses for the manufacture
of various articles. There was a grist-mill, carpenter's shop, blacksmith shop, gunsmith shop, shoe shop, and a distillery of grain raised
on the place. The remainder of the building, completing the
21 fort, were erected in the winter of 1843 and the spring of
1844. There was an adobe building about two or three hun.
dred yards from the fort, for the vaqueros, and about a mile from the
fort, on the American river, there was an adobe building used for the
purpose of tanning; also about three miles from the fort, on the American river, there was a house occupied by Mr. St. Clair, who was holding
under the claimant, Sutter. These were all the buildings in the neighborhood of the fort.
The claimant had about five or six hundred acres of land on the
place enclosed by a ditch, in which he cultivated chiefly barley, wheat,
and some fruit trees. The stock about the same above spoken of was
about eight thousand head of cattle and about three thousand head of
horses and mares; about eight hundred head of sheep and about four
hundred head of hogs.
This stock was all on the same claim, but divided on the different
settlements thereon. The number of white persons who resided on
the fort, and were retained and employees of Sutter, were about
twentv-five. The Indians employed by him varied from one hundred
to two thousand, as the work and business on the place would require.