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. 469
Answer 3rd. I arrived here on the evening of April 27th, 1846, at
sunset.
Question 4th. Where did you land?
Answer 4th. At the embarcadero, which I suppose was front of
where the water-works stand now.
Question 5th. At that time what was the face of the country
226 where Sacramento is now located?
Answer 5th. In that connection I will have to state that I
went to Sutter's fort on the morning of the 28th, and that in my
ride there I saw that the country was dry, as if the rains had ceased
some time.
Question 6th. Was there any overflow that year that you observed?
Answer 6th. There was none.
Question 7th. How long have you been acquainted with the place
where Sacramento is located, and with the county on the Sacramento
river?
Answer 7th. I was well acquainted with the country in 1846 and
1847, and since 1855. In 1847 I was in the southern country during
the winter and early spring; came up from Monterey to Napa valley,
where I formed a camp preparatory to going home overland, and
crossed frequently from thence to the Sacramento, and finally made
the journey to Johnson's ranch in July, 1847, passing through Napa
and Yolo counties. In the spring of 1846, and up to the 13th July,
I was frequently across the country lying between Saucelito
227 to a distance of about 12 to 15 miles above this place on the
American, where the Cal'a battallion was encamped. During that time I saw no signs of overflow. In 1847, at the time I was
here, in June and July, there was none, nor did I hear of any.
Question 8th. Do you know anything of crops made by Capt. Sutter
during 1846 and 1847, within the limits of this city?
[Objected to by U. S. as irrelevant, because the land excluded
from the grant to Sutter was that which was subject to overflow during
the winter time, and without regard to its capacity for cultivation.]
Answer 8th. I do. When I arrived, in April, 1846, there was a
large field of wheat growing in front of the fort and south of it, and
another field to the rear of the fort, towards the American; and when
I returned from Klamath lake, after bringing Fremont into the
country, I saw the grain being harvested by the Indians. I was not
here in 1847.
Question 9th. Did you observe the timber on the bank of the Sacramento when you arrived here? If so, describe it.
228 Answer 9th. There was a very large quantity of very elegant
timber on the banks of the river at the embarcadero, and extending back in somewhat detached quantities, I should judge about as
far as 12th or 13th streets, in which section there was quite a grove of
fine large oaks. The sycamores were very fine and large, and spread
out in every direction; I should judge to about 4th street. The
grove of oaks, I should judge, was about between K, and to the
place where I located the road to Sutter's fort.