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.

28 T7e United States vs. Sutter.
Question by the same. In what capacity, and at whose request, did
you accompany those gentlemen?
Ans. I was at that time lieut. colonel in Mexican army, and went
at the request of Capt. Castillero as secretary, to prepare the necessary papers in case Capt. Sutter should have accepted the propo.
sition for the sale of New Helvetia.
Cross-examined by U. S. law agent.
36 From what office of the Mexican government were the instructions of Capt. Castillero of which you spoke?
Ans. From the president himself.
Do you remember the date of the instructions?
Ans. They were dated in the year 1845.
When were you first at New Helvetia?
Ans. It was, as near as I can recollect, in the year 1841; I went
there with the Russian governor of Russ.
Can you describe where Sutter's fort was then situated?
At about four miles from the Sacramento river, from the landing
place on said river.
What was the amount of population at New Helvetia when you
first visited it in 1841?
Ans. I saw no one at that time, except the employees of Capt.
Sutter and some wild Indians.
What was the population in 1845?
Ans. According to my recollection, it did not exceed two hundred
souls, I mean white population, excluding Indians.
How is the present town of Sacramento situated with reference to
the site of New Helvetia?
Ans. It is in exactly the same place. And further this deponent
saith not.
VICTOR PRUDON.
Sworn to and subscribed before [me] this 17th August, A. D. 1853.
R. AUG. THOMPSON,
U. S. Land Commissioner.
Filed in office Aug. 17th, 1853.
GEO. FISHER, Sec'y.
Recorded in Ev. B., vol. 3, page 55.
GEO. FISHER, Sec'y.
Deposition of P. B. Reading.
OFFICE OF THE BOARD OF CO0MMISSIONERS, &C., &C., &C.
This day, before Commissioner Alpheus Felch, came Parson B.
Reading, a witness in behalf of claimant, John A. Sutter, case No.
92, who, after being duly sworn, deposed as follows: