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.

TRe United States vs. Sutter. 659
9th. What do you know of the history of Hock Farm, known as
Sutter's residence on the west bank of Feather river?
Ans. In February or March, 1850, I saw it, I think, for the first
time. It then presented the decided appearance of being the oldest
and best improved farming residence in the valley of Sacramento;
from the apparent age of fruit trees, a few shade trees, shrubbery,
and plants, I would suppose it to have been improved 6 or 8 years.
Since that time I have not noticed it much.
[Gen'l Howard objects to answer so far as it relates to matter not
within his (witness') own knowledge.]
10th. At that date what section of country, and how large,
728 was known as New Helvetia; or whether there was any place,
to your knowledge, with well-known boundaries, known as
New Helvetia?
[Objected to by Gen'l Howard on the ground that there is no
foundation laid for it.]
Ans. New Helvetia, in 1849-1850, embraced the whole country
from the Buttes to Running's ranch, 20 or 30 miles below Sacramento
city, and 60 miles up the American river, according to the construction of the sub-vendors of Sutter. I never heard of any particular place
taking that name at any point on this tract till the evidence was
taken in the land commission, except once in the year 1850, when
the Sobrante was first publicly heard of, called the Sobrante grant.
[Gen'l Howard objects to answer as irrelevant and containing
merely matters of hearsay.]
729 11th. At what point on the map marked Exhibit Von
Schmidt, No. 2, and on the map marked A, P. L., would the
latitude 38~ 49' 32" be found to correspond with the other lines of
latitude now marked on the map?
[Gen'l. Howard objects on the ground of irrelevancy, and that the
question is unintelligible, and that the witness can't ascertain without
an observation.]
Ans. Near 4 miles north of Sacramento city.
12th. Examine map marked B, P. L., and say where the same line
of latitude 38~ 49' 32" would be found on that map, so as to correspond with the three northern lines of latitude marked on the same
map?
[Gen. Howard objects on same grounds.]
Ans. It would be the same distance north of Sacramento?
13th. Is there room on either of the sheets that the maps
730 above referred to are marked on. within the margin, to locate
the line of latitude 39~ 41' 45", so as to correspond with the
lines of latitude already marked on the map?
[Same objection as last by claim'ts.]
Ans. No, there is not; there is not room on the sheets of maps
marked "B, P. L., and Exhibit No. 2, Von Schmidt;" but there is room
on the one marked A, P. L.
14th. You state in your answer to the 1st question that you made
a stipulation that the corner on the Sacramento should be fixed as
near as possible to the point first designated in Vioget's testimony,