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.

854 The United States vs. Sutter.
Quest. 2nd. State how long you have, resided in Sacramento city,
and in that vicinity.
Ans. 2nd. Since 1849-except the summer of 1850, when I was
up in the mountains for some six months.
Quest. 3d. Were you in 1849 and 1850 well acquainted with the
country bordering on the north of the American and east of the
Sacramento river, say, from Lisle's bridge to the junction of the
Feather and Sacramento rivers?
1303 Ans. 3rd. I was well acquainted with said country; part of
the time I was hunting as a business, which carried me over
that country frequently.
Quest. 4th. State whether or not there was a lane through which
you travelled north of the American; and if so, its direction, and
its distance from the American?
Ans. 4th. There was a ford near where Lisle's bridge now is.
About a half a mile from said ford you came to the lane, which ran
about east and west. The lane ran in the same general course of the
river towards the Sacramento river; it ran about half of the mile
from the river.
Quest. 5th. Describe the character of the land at that time, with
respect to tule, between that lane and the American river.
Ans. 5th. Where this lane turned off from what is now the Marysville road there was slough; the lane crossed the slough with tule on
each side. Between the lane and the river there was some tule,
1304 scrub oaks, and some large oaks on the banks of the slough.
Quest. 6th. Describe the character of the land generally
north of the lane.
Ans. 6th. A quarter of a mile above the lane north you would
come into heavy tule. There was a neck of tule that came down to
the land, and which was crossed by the lane. South of the lane a
portion of this neck of tule extended, but the main body of heavy
tule was on the north of the lane.
Quest. 7. From your observation of the country at that time, did
the course of that lane leave on the right hand, going towards the
Sacramento river, what might be called tule land, and on the left
hand, or between the lane and the American river, the kind of land
described in your answer to quest. 5?
Ans. 7. It did.
Cross-examination.-Ques. in behalf of J. H. McKee.
1305 Quest,. 8th. Do you know who first enclosed the land north
of saiTAlane?
Ans. 8thi. I do not.
Quest. 9th. When was said land first enclosed and occupied, and
by whom?
Ans. 9th. There was a ditch put up on the Marysville road; I do
not know who put it there; it was put there some time in 1850.
The ditch ran right on the Marysville road from this lane. I do.