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.

652 Tie United States vs. Sutter.
Belden, Sutter reports land vacant October 10, 1844; expediente 412,
Josefa Soto, Sutter reports land vacant March 17, 1844; expediente
405, Rio de los Molinos, granted to Toomes, reported vacant by Sutter October 10, 1844; expediente 404, Sancos, granted to R. H.
Stone, reported vacant by Sutter October 10, 1844; expediente 392,
grant to William Dickey, reported vacant by Sutter Oct. 10, 1844;
expediente 389, grant to Leidesdorff, reported vacant by Sutter August 4, 1844; grant to Juan Bidwell, of Ulpines, reported vacant by
Sutter August 17, 1844; expediente 349, Rio de los Plumas, granted
to Flugge, reported vacant by Sutter Jan'y 27, 1844; expe706 diente 340, Campo de los Francesses, granted to Gulnac, reported vacant by Sutter Jan'y 8, 1843.
Examination adjourned to Wednesday, the 26th day of December,
A. D. 1860, at 11 o'clock a. m.
SAN FRANCISCO, Dec. 26, 1860.
Examination continued.
5th. State whether or not your examination among the archives
resulted in finding any informe made by John A. Sutter of any land
vacant within the exterior boundaries of his land, as shown on the
original of Exhibit V.
Ans. I think the reports of Sutter, in the espedientes referred to
in my examination, were upon vacant lands outside of Sutter's boundaries, as laid down on the Bidwell map.
[Answer objected to by Gen'l Howard, without the production of
the espedientes.]
6th. State whether or not you found any espediente contain707 ing an informe of John A. Sutter for vacant lands adjoining
his which is not shown on said Exhibit V.
Ans. I find none in the list, adjoining Sutter's lines, which are not
shown on the exhibit.
7th. Did you find any lands delineated on said exhibit as ranchos,
of which you have found no espedientes containing Sutter's informes,
adjoining his lines?
Ans. I find some ranchos adjoining Sutter's, for which I have found
no espedientes by the names which they bear on the exhibit.
8th. Was your search thorough, and carefully made, amongst the
espedientes for all those which contained informes by Sutter?
Ans. It was. I searched from the latest espedientes back to 1839
and 1840.
(The United States offer, as Exhibits W and X, a certified copy of
the deposition of John Bidwell, and map attached, in the case of the
U. S. v. C. Covilland et al., No. 341.)
708 [Objected to by Gen'l Howard as incompetent; same objection by Mr. Pratt.]
Cross-examination.-Questions by attorney for A. Pratt.
9th. In answer to question 3rd you state you have the original of
Exhibit V; state what you mean by the original,