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.

The United States vs. Sutter. 311
Q. 7. I understand you that it was eighteen and a half feet upon
your scantling. Have you ever compared that with the river gauge;
and if so, how would it be upon the gauge above zero, or low-water
mark?
A. This water gauge is marked twenty-five feet. This last winter,
I think, the water on the gauge was about seventeen feet. Parties
there at that time thought the gauge showed the height the water
had been in the city, and there arose a controversy. I observed that
twenty-two or twenty-two and a half feet was the highest. I told
them I could prove it, and referred to my old measurement, and showed
that when the river rose to my mark of eighteen and a half feet it
would show twenty-two and a half feet on the city gauge. The distance is about one square between the site of the city gauge and my
own.
Q. 8. Since you have been living on the river bank, and noticing
the different stages of the water, have you observed any drift wood
lodged in the trees, or other natural objects indicating floods; and if
so, were they higher than your mark on the sycamore tree or not?
A. I am not certain.
Cross-examination by attorney for Mr. Gillespie.
Q. 9. State whether you own any lands within the present survey
of the Sutter grant which would be affected by not being included
within it.
A. I do.
Examination closed.
J. C. LEDLIE.
Sworn to and subscribed before me this 25th day of May; A. D.
1860.
JNO. B. WILLIAMS,
U. S. Commissioner.
Endorsed: Filed June 18, 1860.
W. H. CHEVERS, Clerk.
Dep. of Jno. Doherty for U. S.
United States district court, northern district of California.
THE UNITED STATES)
vs.
JNO. A. SUTTER.
SACRAMENTO, May 25, 1860.
On this day, before Jno. B. Williams, a commissioner of the
United States for the northern district of California, duly
%62 authorized to administer oaths, &c., &c., came John Doherty,
a witness produced on behalf of the United States in case No.
319, being an appeal from the board of commissioners to ascertain and