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. 501
Questions by Mr. Gass.
Question 22d. During those years you state the site of the present
city of Sacramento was flooded; how far did the waters extend north
of the city?
Answer 22d. It extended north as far as the Buttes. perhaps to
Shasta; west 9 or 10 miles, and east up to the Leidesdorff line, about
10 miles from the city; I have known that in 1846, and about
311 75 miles down the river from here.
Question 23d. Do you understand the character of the soil
upon which tule grows in this valley? and if yea, state it.
Answer 23d. I think I do; it grows generally in very tough, clayey
soil, which is most of the year under water.
Question 24th. Do you know of any such soil as you now speak of
within the limits of Sacramento city; and if so, what portion of the
city is it in?
Answer 24th. There was some such between 5th and 6th, commencing on it and running south to about R street; from there it run
diagonally little east of south to 7th; also west of south to about T
street; from there running south a little more east to about 8th and
Y. There were two strips commencing on V street; one I think
between 16th and 17th, and the other about 12th and 13th; those two
strips met about two blocks south, and run in a southerly direction
to below Sutterville, into a lake.
Question 25th. What is the character of the soil other than the
pieces you have spoken of, upon which this city is located? [Same
objection by U. S.]
312 Answer 25th. The southern part is generally black loam,
mixed with sand and clay, the northern part mostly sand.
Question 26th. Does tule ever grow upon such soil as you have last
described?
Answer 26th. Itdoes not.
Question 27th. Did you ever know Gen. Sutter to have any coal
burned; and if so, when?
Answer 27th. I did; during the year of 1847, and in the spring of
1848.
Question 28th. State where the kilns were located, and from where
the trees were procured.
Answer 28th. The trees were procured from the bank of the Sacramento. In 1847 he had a kiln in the woods, about 3d street, somewhere about L; likewise at the head of the slough, in the vicinity of
7th, H, and I.
Question 29th. In 1846 and 1847, when you first came here, state
where the trees grew at that time, and within the limits of the present
city.
313 Answer 29th. Timber grew on the bank of the Sacramento
river, below N street; it extended back for two or three blocks;
there was a line of trees as far out as 8th street; from there it went
scattering out to about K and 11th. There was one lone tree out on