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. 377
authorized to administer oaths, &c., &c., came Gilbert W. Colby,
a witness produced on behalf of the United States in case No. 319,
being an appeal from the board of commissioners to ascertain and
settle the private land claims in the State of California, in case No.
92 on the docket of the said board of commissioners, and was duly
sworn and testified as follows:
Present: Judge Burnett, for claimant; E. Johnson, for R. Gelston;
E. Randolph, for U. S.
Questions by acting United States attorney.
Question 1. State your name, age, residence, and occupation.
Answer. G. W. Colby; age, 34; residence, in Sacramento county;
occupation, farmer.
Q. 2. Do you claim any land under the Sutter title, or adverse to it?
A. None whatever, either way, within the line of the official survey. I have no pecuniary interest in this matter.
Q. 3. Yor teelings and sympathies are with the settlers in the
controversy iNv pending, are they not?
A. Theb a;re.
Q. 4. 1:- i, log have you lived in Sacramento?
A. Since:-, tember, 1849-in the county.
Q. 5. Sr, i uiat you know about the floods, construction of levees,
and the fa:i -I t.e land where the city now is, since you first knew it.
A. WbVh t> t arrived here the appearance of the place where
Sacrameni;:i: n;w is was that of swamp land; it was covered with
thick will: -v: I:i ushes, except J street and K street, which were
partially c(It-':n~ o::t so that teams could pass through. I stopped
here seveir d l,i:: uring which time I traveled over the different
places wlvr-, i:':b? is now located. On the south part of the city
was a larc:,^ <is!.'it o)f tule, between the river on the west, the brush
and timb(;i-;' liAe north, and the high land on the east; there
were also r,::.'!, o -:loughs and pond-holes filled with water. I left
the city for::- i:- I snd returned again about the middle of December. On i'3;i ai December I started from the city, and the
water war ti. i,, ii in from the American through the sloughs,
which covi.'.,'nl,;,'(. c(,-ssed by boating. We desired to get on high
land, and -,::'; -, keep on or near the bank of the American
river. VW 3.}i l.';'' Stewart's place, just above the tannery, and
could get'b. l,-:.:: f;o the water; stopped there during the night,
and prev-ia-::.-, ii':, i bed the water came in over the floor half
way to tl' i,:::,;i-ng the water had fallen some; we procured
a boat, anl.d'i-,)':: th;e Try land. We succeeded that day in getting as falr,R; ^: A::iivlo House. A considerable portion of the
land bet we,-, ti-!:i i':idx and the river was overflowed, and we
could no n,-:'t )c iK. i t he )tntbaik of the American until we reached the
112 I l-1 i'ii, to t. city near the middle of January, and found
it:,i'i'.' o,(ver jed with water between the Fort and the bank
of the E;;:-,:::! e!cet the public square. I had left my baggage