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.

7The United States vs. Sutter. 847
1282 upon said line would average from X to f of a mile to the east
of said eastern line.
Quest. 31st. Is or is not said grass land good and valuable for
pasturage and grazing in the dry season of the year?
Ans. 31st. It is.
Quest. 32nd. State as near as you can when you surveyed the land
for Muldron and McKee of which you have spoken before.
Ans. 32nd. I think it was in the winter of 1850 and 1851.
Direct examination resumed.-Ques. by U. S. att'y.
Quest. 33rd. In your answer to quest. 10 you say, "On the west
surveyed line of the Rancho del Paso, the line of tule commenced
about half a mile north of the American river;" and in answer to
quest. 24 you say that it was all good land in September, 1850,
1283 on the west line of the Del Paso rancho for the distance of a
mile and a half from the American river. Please explain this
more fully.
Ans. 33rd. I consider the tule land the best land when reclaimed;
therefore, I consider it is all good land.
Cross-examination resumed. —Qaes. by counselfor Hiram Grimes;
Ques. 34th. In reference to your last answer, has any of said land
been ditched or dyked for the purposes of reclamation, or has the reclamation that you speak of accrued solely from its occupation, cultivation, or use?
Ans. 34th. Not solely, but principally from the deposit of alluvial
caused by the overflows of the river. None of the said land has been
ditched or dyked for the purposes of reclamation.
Deposition closed.
JOHN G. CLEAL.
Subscribed and sworn to before me this 29th August, A. D. 1861.
r[SE AL. CUTLER McALLISTER,
[SEAL.] U. S. Comm'r.
1284 Exhibit Cleal No. 1 objected to as irrelevant, incompetent,
and inadmissible and not proved; and all the questions and
answers relating to the land prior to 1860 objected to on the part of
Grimes and McKee, and the objections by agreement of parties are
here noted instead of separately to each question and answer.
CUTLER McALLISTER,
U. S. Comn'r.
Endorsed: Filed Oct. 9, 1861.
W. H. CHEVERS, Clerk.
(Here follows map, page 1284.)
1285 I, Horace A. Higley, surveyor general and register of the
State land office, hereby certify that the land embraced within