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.

850 The United States vs. Sutter.
Ans. 12th. From the centre of the fort it is two miles; by the scale
it is not quite two miles, although the line, as run by Von Schmidt,
is two miles.
Quest. 13th. What is the course and distance from the lower end
of the lagoon to the point where the meridian passing through the
fort crosses the dotted line?
Ans. 13th. The course is north 641 east; and the distance 222
chains and 87 links.
Quest. 14th. What is the course from the intersection of the meridian passing through the fort with the dotted line to the St. Clair
House?
Ans. 14th. The course is north 581 east.
Examination adjourned until to-morrow, August 30, at 10 o'clock
a. m.
1292 SAN FRANCISCO, August 30, 10 o'clock a. rn.
Examination of John G. Cleal, a witness produced on behalf of E. F. Gillespie, this day continued, pursuant to adjournment.
Present: Same counsel as on yesterday.
Ques. by counselfor Gillespie,
Quest. 15th. What is the distance, by the scale, on the map B. P.
L., from the point where the dotted line crosses the meridian of Sutter's fort to a point in the direction of the St. Clair House, and one
mile from the American river?
Ans. 15th. It is about 184 chains.
Quest. 16th. How near, at the nearest point within that distance,
does the dotted line by the scale approach the line of latitude of Sutter's fort laid down upon the said map, B. P. L.?
Ans. 16th. It is in the neighborhood of a mile.
Quest. 17th. How near does the line of survey, now before the
court, approach said line of latitude at Sutter's fort at this
1293 point?
Ans, 17th. It is about 46 chains.
Quest. 18th. Is the course of the line of the survey, now before the
court, eastward of the point where the dotted line crosses the meridian of Sutter's fort, at variance with the course of the dotted line
on map B. P. L.?
Ans. 18th. It is at variance.
Quest. 19th. How does it vary?
Ans. 19th, It seems to incline further northward than on B. P. L.
Quest. 20th. Could any surveyor, who was guided by the testimony
of Vioget, so far as to take the lagoon as a fixed point, and direction
of the St. Clair House as a course, hesitate, as to the exact locate and
course, on the ground of the boundary line of this part of Sutter's
grant?
[Question objected to as incompetent, because the construction of
Vioget's testimony is to be determined by the court, not by the witness.]