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.

912 The United States vs. Sutter.
or lid not really make a survey for Capt. Sutter in 1840 or
1468 1841, of the land which Capt. Sutter desired to have granted
him by the Mexican government?
(Objected to by Mr. Gillespie, because incompetent, as the fact of
a survey having been made by Vioget for Sutter has been settled
by the courts, and is not now open.)
Answer 5th. He told me he examined the land, and took some
observations for latitude, with a view of making a map showing the
location of the country, but that he made no survey of any particular
tracts to be included in the grant from the Mexican government; and
that the land included within the dotted lines was not laid down on
the map with the intention of being asked or petitioned for exclusively.
Direct resumed.
Question 6th. Was it in the year 1854, during the interview
alluded to with Mr. Vioget, that he stated to you that he had
1469 never made an actual survey of any portion of the grant of
New Helvetia?
Answer 6th. It was.
Quest. 7th. Did you have any interest in the grant of New H-elvetia prior to the year 1854?
Ans. 7th. I had some lots in the city of Sacramento.
Quest. 8th. Were you not aware in the year 1852, at the time
Sutter, by his attorneys, filed his claim before the land commissioners,
that map B. P. L. was filed with the petition together with other
papers?
Ans. 8th. I don't recollect having seen or remarked it, so far as
the dotted lines are concerned, until about the summer of 1854.
I had begun to advance money to my adopted father in 1853 on
his interest in the grant, and had no particular occasion before then
to examine the map.
JOHN II. McKEE.
Subscribed and sworn to before me this 23rd day of September, A.
D. 1861.
CUTLER McALLISTER,
U. S. Comm'r.
1470 Endorsed: Filed Oct. 10, 1861.
W. H. CHEVERS, Clerk.
Dep. of A. I. Von Schmidt, for Gillespie.
In the district court of the United States for the northern district of
California.
THE UNITED STATES In land cases.-Dist. court No. 319.-Land'U, cor. No. 92.
JOHN A. SUTTER...2.
Be it remembered, that on this 27th day of September, A. D.
1861, at San Francisco, in the district aforesaid, before me, Cutler