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.

664 The United States vs. Sutter.
45th. You have stated in your answer to question 2 that you told
L. W. Hastings that you wished him to go to Vioget, and ascertain
where the boundary could be fixed; what do you mean by the word
"could?'
Ans. By having it pointed out by Vioget?
46. Was Hastings employed by you to see Vioget upon this subject, and ascertain from him only at what point, in truth and in fact,
the southern line actually surveyed by Vioget, commenced on the
Sacramento river?
Ans. No, sir.
47th. Then, state explicitly, if you please, for what purpose you
did send Hastings to see Vioget upon this subject.
Ans. In order to confine Vioget as near as possible to the
745 point he had already given in his testimony before the other
party could have time to make a further modification of
Vicget's relation to the affair.
48th. Was it the object and purpose of your dealing with Vioget
in this matter, to get him to go upon the ground, and fix as the
starting point the very point at which he had, in fact, commenced
his survey, when he made the survey previous to the grant, or was
it to induce him to designate some point which suited your views or
your interest alone? In short, was it the object to get from Vioget
the simple truth of the matter, or something which was not true?
[A. Pratt objects on the ground that there is no evidence that there
ever was a survey made by Vioget prior to the grant, and that it is
irrelevant.]
Ans. I offered to spend $100 more if the point could be fixed on
the tree at Sutterville, the only tree there that would answer
746 the description; but as it had no ancient marks on it, of course,
I concluded that it could not have been marked in 1841.
[Mr. Crittenden objects to answer as not responsive to the question.]
49th. I repeat the last question.
Ans. It was my impression that he never made an accurate survey,
from the talk I had with him and Hastings.
50th. Did you believe that he had commenced his former survey,
or any survey prior to the making of the grant at the tree at Sutterville, to which you refer?
[Objected to by A. Pratt as new matter.]
Ans. There was merely a probability in my mind that he made a
sketch of some kind for Sutter; but I had no good reason for supposing that he made any definite boundaries aside from
747 the rivers and the Buttes.
51st. Did you then believe that Vioget had made an actual
survey, and had fixed the southwest corner at Sutterville?
Ans. No, sir.
52nd. Yet you wished him, did you not, to declare that he had so
done, and to identify a tree at Sutterville as that corner; and you
offered him, did you not, money to do so?