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.

656 The United States vs. Sutter.
been marked with surveyor's marks. I was present when he made
the corner, but did not see him mark the tree; saw the corner newly
marked a few days after.
In the year 1835 I will state that I was boarding (about Aug. or
September, I believe) on the corner of 10th and K streets, with Mr.
Sutton. I learned that Von Schmidt had put up at the house, and
was waiting for Vioget to arrive from San Francisco to designate to
Von Schmidt the southern boundary of the Sutter grant; also,
718 that in the mean time John S. Fowler and other parties had
gone to the mouth of the slough above Cordell's; had cut out
a road for a buggy, and found a large oak tree which Fowler stated
that Vioget had pointed out to him. I proceeded to employ L. W.
Hastings, of Sutterville, to interrupt their proceedings, knowing that
there was no tree at Cordell's bearing any ancient surveyor's marks,
and told him that I wished her to go to Vioget's land and ascertain
where the boundary could be fixed. Previously I took him to this
sycamore, which is marked as the southwest corner on this map (the
same map above referred to) and offered him $500 to get Vioget to
fix his corner at Sutterville, where he had originally stated before the
land commission that the corner was; or upon this sycamore, which
was neai a mile and a half south of Sutterville. In short, I stipulated that the corner should be fixed, as near as possible, to the point
first designated in Vioget's testimony, which was at Sutter719 ville. Hastings visited Vioget and brought me a title. The
document I have now at Sacramento. I went down to see Vioget myself. He told me he would come up and find the corner for
$1,000. We finally decided upon $300. He came up shortly afterwards. I took him to Sutterville. He requested that Mr. Hastings
should go with us. He and Hastings had a little talk. Hastings refused to go unless I would pay them $100 more, though I had already
paid them both in full-Hastings' fee being $100. Vioget asked me
if Judge Hastings was going with us. I told him he did not seem to
be so inclined, and I thought we could do without him. He stated
that without Hastings to assist his recollection it would be nonsense
for him to go. I paid him the $100. We all three went to the sycamore tree. Vioget identified the sycamore tree as his corner-a large
tree, with four branches. Mr. Hastings recognised some markings
on two oak trees near, which Vioget identified, with great certainty,
as his markings in his original survey previous to the issuing
720 of the grant. One of those trees and its markings was the
corner which Hopkins made and marked in 1851. The marks
on the other, which he identified, I find by cutting thro' the growth
of the timber since, was made about 1852. It has not the appearance of a surveyor's mark. These trees were near Mr. Cammack's
house, and, as always is the case, such trees are apt to be cut with axe,
more or less. Vioget recognised the two trees spoken of as bearing
trees to the sycamore corner. We then ran to the south end of the
lagoon. He then identified his stake he formerly placed there. I
pulled it up, and found it was a dead cephalantus stalk, with roots on
it; thence to an oak tree a little out of line, the markings of which he