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.

550 The United States vs. Sutter.
it, and opposite the town of Nicolaus, I have seen marks made by the
water, showing that it had been, to some extent, overflowed.
18th. Answer the same question in reference to the land included
in this survey on the east bank of Feather river.
433 Ans. I have seen the bottom included between the Feather
river and Yuba, and the high lands extending from the town
of Eliza to the bend of the Yuba river, between stations 30 and 34,
mostly under water. This was about the last of March or 1st of April,
1853: also between Marysville and Feather river, the greater portion
of the bottom was under water at the same time; that is all that I
remember to have seen myself; but I have seen the marks of high
water on the bottom lands above and below the mouth of Bear river,
showing that it had been overflowed there.
19th. Did you ever see the land in the fork of Yuba and Feather
rivers, and south of Yuba river, or that between Marysville and
Feather river, overflowed more than once?
Ans. I did not.
20th. When was the highest flood that has occurred on Feather
river within your knowledge?
Ans. In the spring of 1853, at the time I have spoken of; the
highest previous to that was in 1846.
21st. Have you ever been in Marysville in any other year during
the time of high water?
434 Ans. I have not.
22nd. What is the extent of the land in the fork of the
Feather and Yuba rivers, which you saw overflowed in 1853?
Ans. I think it was a mile in extent, more or less.
23rd. How long did that land continue overflowed?
Ans. To the best of my recollection, 3 or 4 days; it might have
been longer, as I left before the water had entirely disappeared from
the bottom.
24th. At its highest how deep was the water upon it?
Ans. About from a foot to 8 or 10 feet, according to the inequality
of the bottom.
25th. Was that land occupied or cultivated?
Ans. I think some parts of it had been previously cultivated, but
can't say positively. It was mostly covered with timber and small
growth, and had not at that time been cleared so that it could be
cultivated.
435 26th. What was the extent of the land between Marysville
and Feather river which you saw overflowed in the spring of
1853?
Ans. It embraced about - mile in width. I cannot say how longperhaps a mile in length.
27th. How long did it continue overflowed?
Ans. Three or four days, in the lower parts of it.
28th. At the place you speak of, above and below Bear river, over
what extent of land did you observe those water marks showing that
land had been overflowed?
Ans. On Bear river the width of the low land would be not far from