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.

560 The United States vs. Sutter.
94th. Please to examine map marked Exhibit Von Schmidt, No. 2,
annexed to deposition of A. W. Von Schmidt in case No. 319, and
see if the lines of latitude marked on that map are like those marked
on the original map spoken of that Captain Sutter retained in his
possession.
462 Ans. I think they are, to the best of my recollection.
95th. As you are a surveyor practically, please to inform us
about what place on that map latitude 390 41' 45" north latitude would
be found according to the latitude as marked on the map.
[Objected to by Mr. Crittenden as irrelevant.]
[Mr. Johnson joins in objection.]
Ans. Eight geographical miles north of the parallel of 39~ 33' 45"
marked on the map.
96th. Please to inform us where the line of latitude 38~ 49' 32" north
latitude would be found on this map, so as to correspond with the
other lines of latitude marked on the map.
[Objected to by Mr. Crittenden and Mr. Johnson as irrelevant.]
Ans. About 3 geographical miles north of the American river from
the point where the meridian line laid down on this map intersects
said river.
[Objected to by Mr. Johnson, on the ground that the Su463 preme Court of the U. S. has already decided the location of
the last-mentioned parallel of latitude.]
97th. Which of these two maps, marked Exhibit Von Schmidt, No.
2, and Exhibit D, is most like the original map spoken of in Sutter's
possession, on that part of the map lying north and northwest of the
Buttes. I refer to the map that he had prepared to send to his family
in 1843.
Ans. The map which was to be sent to his family was on a larger
scale than the original, and extended further north, so as to enable
me to lay down upon it several rancherias which there was not room,
to the best of my recollection, to lay down on the original, and to be
marked out further north the Sacramento and Feather rivers, and in
these respects map marked Exhibit D bears to it a greater resemblance, to the best of my recollection.
98th. Was there any coloring matter on any portion of the original map-green or blue?
Ans. There was blue, intended to represent the inundated
464 land east of the Sacramento river, below the mouth of Feather
river, and the red lines before mentioned; I do not think there
was any green or other color on the original at that time.
99th. Have you any recollection of this margin around the southwest corner of the of the map containing the lettering of the mapthe name of the maker of the map-was the same on the original as
on this map, Exhibit Von Schmidt, No. 2.
Ans. I do not remember the name of the maker of the map being
marked on it, but the lettering and the border are the same, or very
similar.
100th. When a surveyor marks on a map made by himself at such
a date, is it understood by the possession that the map was made from