partamentos autorizado debidamento con los sellos militar y de gobierno en Monterey á veinte y dos de Diciembre de mil ochocientos cuarenta y cuatro.

STATE OF CALIFORNIA,

Sacramento County, ss.

MAN'L MICHELT’A.

On the 28th day of June, A. D. 1850, I, Lewis A. Birdsall, hereby certify that John Bidwell, Samuel J. Hensley, George McKinstry, and Isaac T. Mott, severally came before me, and being duly sworn by me, and being all credible witnesses, depose and say, on oath, that they know Micheltorena, the above named grantor, and are well acquainted with his written signature, having seen him write; and that they verily believe that he signed the above with his own hand.

[L. S.]

In witness whereof, I, Lewis A. Birdsall, recorder in and for the county of Sacramento and State of California aforesaid, have set my hand and seal the day and year above written. L. A. BIRDSALL, Recorder Sac. Co., California.

H. E. Robinson. Filed for record June 28th, 1850, at 10 o'clock a. m., and duly recorded in book D of deeds, page 140.

LEWIS A. BIRDSALL, Recorder Sac. Co., Cal. Per TH. J. ALEY, Dep'ty.

John Bidwell. This paper proved by the testimony of John Bidwell before me, April 16th, 1852.

H. HALL, Com'r.

I, George Fisher, secretary to the U. S. land commission to ascertain and settle private private land claims in the State of California, hereby certify the foregoing to be a true and correct copy of a Spanish document in case No. 201, Sam'l J. Hensley vs. The United States, for Aguas Nieves, now on file in this office.

In testimony whereof, I have hereunto signed my name officially this 6th day of July, A. D. 1855.

GEO. FISHER.

It is hereby stipulated that the foregoing certified copy of the original grant, filed in case No. 201, before the U. S. board of land commissioners for California, with the translations hereunto annexed, be admitted in evidence, as duly proved in the suit William Bennetz vs. The U. States, No. 194, in the dist. court northern dist. of California.

Filed August 31, 1855.

A. GLASSELL, Ass't U. S. Att'y.

JOHN A. MONROE, Clerk.

Deposition of Adolph Brenheim.

United States District Court, northern district of California. SAN FRANCISCO, October 4th, A. D. 1855.

On this day, before me, Geo. Pen Johnston, commissioner of the United States for the districts of California, duly authorized to administer oaths, &c., &c., came Adolph Brenheim, a witness produced on behalf of the appellant, in case No. 194, being an appeal from the board of commissioners to ascertain and settle the private land claims in the State of California, in case No. 626 on the docket of the said board of commissioners, and was duly sworn, and testified as follows:

Present, J. Clarke, for appellant; A. Glassell on behalf of the U. S.

Questions by J. Clarke, Esq.

What is your name, age, and how long have you been in California?

My name is Adolph Brenheim; I am thirty-four years of age; and came to California in the summer of 1842, and went to reside at Sutter's fort in August of that year.

Do you know the place or ranch claimed, and do you know Wm. Benitz?

I know both.

What do you know of the occupation or improvement of the ranch claimed by Wm. Benitz?

In the year 1845 a man by the name of Julien, a Canadian Frenchman, was in possession of the land, and held it for the claimant Benitz. He had it under cultivation--raised wheat, corn, watermelons, &c.; he had a home there, and was living in it with his wife. I had several conversations with Julien, and he always told me that he held the land for Benitz. Julien was killed by the Rogue River Indians in 1846.

What do you know about Benitz having located on the said ranch originally?

I was up there the year before-saw the place-thought it a good one, and recommended it. Benitz took the proper steps, and obtained a title.

Cross-examination by Counsel for U. S.

Do you know anything of the ranch in question since 1846?
No.

When was the last time you saw the ranch?

I saw it last in 1845, in November.

When was the first time you ever saw the ranch?

I saw it in 1844, in the spring; the lands then belonged to the government of the country.

How long was Julien on that ranch?

To the best of my recollection, he was there fourteen or eighteen months.

Have you ever been in Julien's house?

I have been.

What sort of a house was it?

It was built of grass, sticks, tules, and willows.

How large was the house?

It was large enough for six or eight persons to live in; it had but

one room.

How do you know that Benitz had a grant of that ranch?

He got it from Micheltorena at the time war was declared against Castro and Pico. Any one who joined Micheltorena in that war was to have a grant of land, according to Micheltorena's proclamation. Benitz Partrico Rufus did join Micheltorena, and Benitz also; but Benitz and Rufus both could not leave at the same time-Rufus went with Micheltorena, and Benitz was at Fort Ross. I don't know anything more about Benitz's grant than what I have already testified. I have no interest in this ranch.

When did Julien tell you that he occupied the ranch for Benitz? He told me twice in 1845.

Do you know whether any person occupied the land after Julien left?

I cannot say, or I don't know whether they did or not.

ADOLPH BRENHEIM. Sworn to and subscribed before me, this 4th day of October, A. D. 1855.

GEO. PEN JOHNSTON,

U. S. Commissioner.

Filed Oct. 4th, 1855.

JNO. A. MONROE, Clerk.

Deposition of E. Rufus.

United States District Court, northern district of California.

SAN FRANCISCO, Feb'y 28th, 1856.

On this day, before me, W. H. Chevers, a commissioner of the United States for the northern district of California, duly authorized to administer oaths, &c., &c., came Ernest Rufus, a witness produced on behalf of the claimant in case No. 194, being an appeal from the board of commissioners to ascertain and settle the private land claims in the State of California, in case No. 626 on the docket of the said board of commissioners, and was duly sworn and testified as follows: Present, A. Glassell, ass't U. S. district attorney, and J. Clarke, counsel for claimant.

Questions by Counsel for Claimant.

Are you acquainted with the claimant in this case; and if so, how long have you known him?

Answer. I am, and have known him for fifteen years. I know he applied to Micheltorena, in 1844, for a tract of land in the upper part of the Sacramento.

Question 2d. State if you have seen the original papers on file in the office of the board of U. S. land commissions for California, in case No. 626, wherein William Bennitz is claimant, consisting of the petition of said Bennitz to Micheltorena for the tract of land called "Breisgan," the report of Capt. John A. Sutter and Secretary Jimeno, the provisional grant of Governor Micheltorena, and the map of the premises.

Answer. I have seen the above described papers; I saw them in 1845, and they were then just as they are now. I saw Bennitz when he was making the map in the latter part of 1843, or the early part of 1844. About the time he was making said map he did not know what to call the land; Capt. Sutter told him that as he, Bennitz, was from Breisgan, in Germany, he had better give it that name, which he did.

Question 3d. State whether you have examined the signatures of Bennitz, Jueno, Micheltorena, and Capt. Sutter, to said documents; and if yea, state whether or not they are in their own proper and genuine handwriting.

Answer. I am well acquainted with the handwriting of each of the above named persons from having often seen them write, and their respective names as they appear on said documents are in their own handwriting.

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Question 4th. State, if you know, whether Bennitz ever served any military capacity under Micheltorena; and if yea, in what, and for what length of time?

Answer. During the space of six or eight months, in 1844, he served under Micheltorena as a member of the Sacramento Riflemen, in the campaign of Micheltorena against the native Californians, and during part of that time he served in the capacity of lieutenant.

Question 5th. State if you have ever heard Micheltorena speak of having made this grant to Bennitz; and if so, upon what occasions, and what he said.

Answer. In the rainy season in the latter part of 1844, I was in Monterey county, at either mission of Solidad or San Antonio, and Micheltorena was there, also Capt. Sutter, in command of the Sacramento Riflemen, composed in great part of foreigners and of the New Helvetian company. Micheltorena made a speech to the troops; he spoke of his own conduct and policy in the contest between the Mexican nation and the native Californians, and spoke of the policy of the Mexican nation towards foreigners; that he had

come with greater powers than had been heretofore exercised by previous governors; that those who had previously applied for land, and to whom he had granted the right to occupy, now had their grants confirmed to them; and that others of foreign birth who were now serving under him, and would continue to do so, would be treated with like liberality, and that hereafter he would protect those settled in the frontier country of the Sacramento better than the Californians had done. Bennitz was present with his company. About a month after that, at San Luis Obispo, a party of our men brought in a prisoner, Miguel Abila. Micheltorena was very much pleased at this; asked who commanded the party that had taken Abila. He was told it was in charge of two men; the one I forget the other was Bennitz. He then asked, is Bennitz the man who some time ago asked for land? and upon being told he was the identical person, he said, tell him his land has been confirmed to him. At that time I commanded the Indian company, and Capt. Sutter was the commander-in-chief of the two companies.

Question 6th. State what you know about Bennitz having occupied or claimed the land in question, to wit, "Breisgan."

Answer. In 1844, or 1845, he sent a Frenchman named Julio on the place, with cattle and horses, to settle on and occupy the land. Afterwards Julio came down to Sutter's fort for supplies. That is all I know about the occupation of the land. I heard he was afterwards killed by the Indians, and his house on the premises by them burned down. I know that Bennitz has continued to claim the land.

Cross-examined by the U. S. Dist. Attorney.

1st question. What has been your occupation from 1844 up to this time?

Answer. In the year 1844 I was an officer of Micheltorena's army, holding the position of lieutenant of the Nueva Helvetia company. In 1845 said company was disbanded; from that time to 1849, I was farming at Fort Ross, in Sonoma county. Up to 1851 I lived in Sonoma; then I went down to Los Angeles, and was there about two years; I then came to San Francisco and lived for a few months; then I went to Europe, and returned to this country in December, 1855, and have been in Sonoma ever since.

2d question. When did you see the papers above alluded to; for what purpose were they shown to you; how long did you have them before you?

Answer. I took them to Monterey in 1845, for Bennitz; I had them in my possession for the purpose of taking them to a man named Romé, and of getting him to either settle on or purchase a part of the land; Bennitz handed them to me at Fort Ross; I had them during my journey to Monterey, and delivered them to Romé; he was a German by birth and a sailor by occupation. About a

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