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. Setter. 385
District court of the United States, northern district of California.
THE UNITED STATES)
vs.
JOHN A. SUTTER.
SAN FRANCISCO, Nov. 27th, 1860.
On this day, before me, William H. Chevers, a commissioner of
the United States for the northern district of California, duly authorized to administer oaths, &c., &c., came A. W. Von Schmidt, a
witness produced on behalf of the claimant in case 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:
Deposition taken pursuant to notice hereto annexed.
Present: A. P. Crittenden, for cl't; Calhoun Benham, U. S.
393 att'y, for U. S.; John B. Williams, att'y for Algier et al.;
Elihu Johnson, for R. Geiston; E. Randolph, for Hiram Grimes;
John H. McKee, for himself; P. H. Burnett, for himself.
Question 1st, by counsel for the claimant. State your name, age,
residence and profession.
Ans. A. W. Von Schmidt; age, 38; residence, San Francisco; profession, surveyor.
2nd. Have you ever made a survey of the land claimed in this
case; if so, when, and in what capacity?
Ans. I have made two surveys in this case; one in the year 1855,
an initiatory survey, and the other a final survey, in the year 1859;
both of them in the capacity of U. S. deputy surveyor. The last
survey, which was made in 1859, is the final survey as made by me
and approved by the surveyor general, a copy of the plat of which is
now before me, filed 27th February, 1860, in this court.
3rd. At what point did you commence your survey of that portion
of the land lying south of the American river, and designated on this
plat as "lot No. 1?"
394 Ans. I commenced at a sycamore tree on the eastern bank
of the Sacramento, distant about 41 miles below the junction
of the American with the Sacramento, which is the point marked
"beginning." The sycamore tree is marked with the initials "N.
H. S. W. cor. " meaning "New Helvetia, southwest corner."
4th Why did you commence at that point?
Ans. For the reason that the copy of the deposition made by J. J.
Vioget, stating that he had made an examination with regard to his
former survey and location of the said two leagues south of the American river, was handed to me by some of the parties at the time.
This deposition stated that he recognized the sycamore tree from
which I started as being the tree from which he had made his survey.
5th. Examine the paper now shown you, marked Exhibit Von
Schmidt, No. 1, W. H. C., and state whether or not that paper contains a copy of the affidavit to which you refer?