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.

844 The United States vs. Sutter.
I have seen that frequently since at various seasons of the year;
the tule now near that line, and for perhaps two or three miles north,
has been partially destroyed-tramped out by cattle.
Quest. 9th. Was the land described by you in your last answer fit
for cultivation, without reclamation, prior to September, 1850?
Ans. 9th. It was not. Several parties attempted to cultivate and
failed in so doing during the years 1850 and 1851.
1273 Quest. 10th. Describe, from your knowledge of the land,
prior to September, 1850, where the line of tule commenced
on the west line of the Del Paso rancho, as surveyed.
Ans. 10th. On the west surveyed line of the Rancho del Paso, the
line of tule commenced about half a mile north from the American
river. There were patches of tule between that and the river. The
line of tule ran toward the Sacramento river in the same direction
with the American river, and about equidistant from the American.
Quest. 11th. How far did the line of tule extend from the point
you have mentioned, on the west line of the Del Paso rancho, north,
and along said line?
Ans. 11th. One mile and a half or two miles immediately on the
line of the Rancho del Paso, including the space enclosed marked in
red lines, and numbered 413. The water overflows this ground every
rainy season fiom four to ten feet. The tule was from one to six feet
in height in 1849 and 1850. There is very little there now.
1274 It has been ploughed two or three times since 1850, and is
now growing up in weeds, grass, and scattering tule. There
have been various ditches cut; each claim has been more or less
ditched.
Quest. 12th. Please state, if you know, on what scale "Exhibit
Cleal No. 1" is drawn.
Aiis. 12th. One mile, or 80 chains, to the inch.
Quest. 13th. What are the two marks drawn across the American
river, from bank to bank, a short distance from its intersection with
the west line of Ranclo del Paso, intended to represent?
Ans. 13th. It is intended to represent a bridge called Lisle's bridge.
Quest. 14th. State, if you know, the distance from that bridge to
the junction of the American and Sacramento rivers by th6 meanderings of the American rivers.
Ans. 14th. It is a trifle over one Spanish league.
1275 Quest. 15th. State if you know where the Norris bridge is
over the American river; and if so, its distance in a straight
from the mouth of the American river.
Ans. 15th. I do; a little over one Spanish league.
Quest. 16th. I understand, then, that the distance from Lisle's
bridge,'by the meanders of the American river, to its mouth, is about
the same as the distance from Norris bridge to the mouth of the
American river by, a straight line. Am I correct?
Ans. 16th. You are.
Quest. 17th. Examine the plat of the official location in this case,
filed July 17th, 1861, and state if you find upon it a line corresponding or approximating with the dotted line on " Exhibit Cleal No. 1.'"