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.

552 The United States vs. Sutter.
execution of that deed, and whether or not it is your genuine signature which appears as that of a subscribing witness, and whether the
signature of Michael C. Nye is his genuine signature.
Ans. Yes, sir; I wrote the deed; was present at its execution, and
signed it as subscribing witness; and I think it is Nye's genuine
signature; and saw Sutter sign the deed.
439 39th. Examine the paper now shown you, marked Exhibit J
B, No. 2, annexed to this deposition, purporting to be a deed
from John A. Sutter to Michael C. Nye, and say whether or not you
signed it as a subscribing witness, and whether or not you saw it
signed by John A. Sutter.
Ans. I did. The deed is in my handwriting.
40th. Who was John Smith, the grantee in the deed first above
referred to; was he more commonly known by any other name, and
where did he live?
Ans. I think he was an Englishman, a carpenter by trade, and was
always called Jack Smith. He worked at various times for Capt.
Sutter, at his trade, previous to 1846, when this land was conveyed
to him, and he settled down upon it, and made it his home till the
year 1848.
Questions by Gen' I Howard, for claim' t.
41st. What was the general effect of the overflows of the rivers
Sacramento and Feather upon the land on the banks of those rivers
during the years of high water of which you have spoken
440 as to crops?
Ans. The lands spoken of as inundated were not generally
sown with grain. The effect would be of those overflows to injure
wheat and other small grain which are usually sown in the fall and
winter. If the overflows occurred early in winter, most of those
lands would produce good crops by sowing late in the winter or early
in the spring.
42nd. What has been the effect of the overflows since you have
known the country in 1841 upon crops other than small grain, including hay in the term crops?
Ans. The overflows have been generally considered beneficial to
corn, peas, and vegetables generally; they also promote the growth
of grass of a certain coarse kind.
43rd. What has been the effect of these overflows, since you have
known the country, as to the pasturage of the lands included within
the limits of the map of final survey?
Ans. The heavy rains which caused these overflows are
441 always beneficial; they increase the quantity of pasturage; and
the overflows themselves saturate the ground so that it retains
moisture much later in summer, and consequently causes the grass
to remain green much longer in summer.
44th. Do you know anything of the cultivation of lands by John A.
Sutter within the present limits of the city of Sacramento; and if yea,
at what points, and during what years?