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In this case, on hearing the proofs and allegations, it is adjudged by the commission that the claim of the said petitioner is invalid, and it is therefore decreed that the application for a confirmation be denied.

Filed in office Sept. 27th, 1854.

ALPHEUS FELCH,
R. AUG. THOMPSON,
S. B. FARWELL,

Commissioners.

GEO. FISHER, Sec'y.

And it appearing to the satisfaction of this board that the land hereby adjudicated is situated in the northern district of California, it is hereby ordered that two transcripts of the proceedings and the decession in this case, and the papers and evidence upon which the same are founded, be made out and certified by the secretary, one of which transcripts shall be filed with the clerk of the United States district court for the northern judicial district of California, and the other be transmitted to the Attorney General of the United States.

OFFICE OF THE BOARD OF COMMISSIONERS To ascertain and settle the private land claims in the State of Cal❜a. I, George Fisher, secretary to the board of commissioners to ascertain and settle the private land claims in the State of California, do hereby certify the foregoing twelve pages, numbered from 1 to 12, both inclusive, to contain a true and full transcript of the record of the proceedings, and of the decession of the said board of the documentary evidence, and of the testimony of the witnesses, upon which the same is founded, on file in this office, in case No. 626 on the docket of the said board, wherein William Bennitz is the claimant against the United States for the place known by the name of "Breisgan."

In testimony whereof, I hereunto set my hand and affix my private seal (not having a seal of office) at San Francisco, California, this twentieth day of June, A. D. 1855, and of the independence of the United States of America the seventy-ninth.

[SEAL.]

Endorsed: Filed June 20, 1855.

GEO. FISHER, Sec'y.

JNO. A. MONROE, Clerk.

Notice of Appeal.

Case No. 626.-On appeal from the Board of U. S. Land Commis

WM. BURRITE, Appellant,

VS.

THE UNITED STATES, Appellee.

sion.

Claim for "Breisgan.'

SIR: Please to take notice that the claimant in the above case will prosecute the appeal therein.

CLARKE,

Yours, respectfully,
TAYLOR, & BEEKH,

Att'ys for Claimant.

San Francisco, May 9th, 1855.

To the CLERK OF THE U. S. DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA.

Filed May 9th, 1855.

JNO. A. MONROE, Clerk.

Petition.

To the honorable District Court of the United States in and for the northern district of California.

WM. BENNITZ, Appellant,

VS.

THE UNITED STATES.

No. 194.-(L. C. Docket No. 626.)

Your petitioner, Wm. Bennitz, respectfully shows, that heretofore, viz., on the 24th day of February, A. D. 1853, he filed before the United States board of land commissioners for California a petition for the confirmation of his claim to a tract of land situate in the northern district of California, viz., in the county of Shasta, for a description of which land, and the title of your petitioner, reference is hereby made to said petition.

That, after hearing said petition, with the proofs and argument of counsel in the case, the said board, on the 26th day of September, A. D. 1854, rejected said claim as invalid; that on the 20th day of June, 1855, a transcript of the record of said case was filed in this court, by virtue whereof, and by force of the statute in that case made and provided, an appeal to this court was duly effected. That on the 9th day of May, 1855, your petitioner filed in this court a notice of his intention to prosecute said appeal.

Your petitioner therefore prays that the decision of said board may be reversed, and that this court may confirm his title to the said land.

J. CLARK, Att'y for Claimant.

Respectfully,

Filed June 30th, 1855.

JNO. A. MONROE, Clerk.

Answer

In the District Court of the United States, for the northern district of California.

THE UNITED STATES, Appellees,

VS.

WILLIAM BERRITZ.

Case No. 194.

The United States, by their attorney, deny the validity of the title set out in the petition of the said appellants; and pray that the decision of the board of commissioners be affirmed, and that the said title be decreed to be invalid.

Filed June 30th, 1855.

WM. BLANDING,

Dist. Att'y.

JNO. A. MONROE, Clerk.

Deposition of Jno. Yates.

No. 194.-Claim of Wm. Bennitz to five leagues of land, called

Breisgar.

United States District Court, northern district of California. SAN FRANCISCO, August 31st, 1855.

On this day, before me, Geo. Pen Johnston, a commissioner of the United States for the northern district of California, duly authorized to administer oaths, &c., &c., came John Yates, a witness produced on behalf of the claimant and appellant, in case No. 194, by 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. Clark, counsel for appellant, and A. Glassell,

torney.

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"U. S., acting U. S. district at

Question by Claimant.

1st. What is your name, age, and place of residence?

Ans. 1st. My name is John Yates, age 49, and place of residénce San Francisco.

Quest. 2d. Are you acquainted with the claimant in this case; and if so, how long have you known him?

Ans'r 2d. I have known him ever since the year 1843, at which time I took him up to Sutter's fort, called New Helvetia; I being in the employ of Captain Sutter, and he being about to engage also in the employ of said Sutter.

Quest'n 3d. State if you are acquainted with the land claimed in this case.

Ans'r 3d. I have examined the papers on file in the office of the board of land commissioners, and recognise the tract of land de

lineated upon the map of Bennitz filed among the papers. The island there delineated is called Bloody island, from a fight which occurred there between Capt. Sutter and the Indians. The tract is on the east side of the Sacramento river, opposite the land claimed and formerly occupied by Pearson B. Reading.

Question 4th. State what you know of any occupation of the premises by or on account of the claimant Bennitz.

Answer 4th. In the latter part of March, 1845, a French Canadian, by the name of Julian, whom I had known for a considerable time, proposed to me to join him in making a settlement for Bennitz on the premises herein claimed, representing that Bennitz would give a portion of the land for making the settlement; I acceded to his proposition, and we immediately proceeded to make the settlement; we first erected a tent, and planted about an acre in cane; we took with us seeds of various kinds from Sutter's fort; shortly after our arrival we commenced the erection of a substantial wooden building; before the building was finished, when I had been there only some twelve days, the Indians became so troublesome, and, as I thought, so dangerous, that I left the place; Julian remained upon the place, and, as I learned some six months after, was shot by an Indian; after I returned to Sutter's fort, I told Bennitz of the improvements we had made, and my reasons for leaving; I have often heard Bennitz speak of the land as his from that time to this.

Cross-examination by A. Glassell, Assistant U. S. Attorney. Question. Have you any interest, direct or indirect, in the event of the confirmation of this claim?

Answer. I have none whatever.

JNO. YATES.

Sworn to and subscribed before me, this 31st day of August, A. D. 1850.

GEO. PEN JOHNSTON

U. S. Commissioner.

Filed August 31, 1855.

JNO. A. MONROE, Clerk.

Translation of Gen'l Grant.

Translation of the General Grant.

Manuel Micheltorena, General of Brigade of the Mexican army, Adjutant General of the staff, Governor, Command General and Inspector of the Department of the Californias.

Not being able now, on account of being closely occupied this supreme departmental government, to extend one by one the respective titles to all the citizens who have petitioned for lands, with a [REC. CCLIX, D. T. 1857.]—2

favorable information from Señor Don Augustus Sutter, captain, and judge in charge of the jurisdiction of New Helvetia and Sacramento, I, in the name of the Mexican nation, by these letters confer upon them and their families the lands described in their applications and maps, to all and each one of them who has solicited and obtained favorable information from said Señor Sutter up to the day of this date, so that no one can dispute their title. Señor Sutter will give them a copy of this, in furtherance of a formal title, with which they will present themselves to this government, to extend the same title in the proper form, and upon corresponding sealed paper; and for the establishment of which fact, for all time, I give this document, which will be known and acknowledged by all the civil and military authorities of the Mexican nation in this and the other departments.

Duly authenticated with the seal of the government, and the military seal, in Monterey, the 22d of December, 1844.

(Signed)

I certify the above as a true copy.
New Helvetia.

MAN'L MICHELTORENA.

J. A. SUTTER.

GEO. FISHER, Sec'y.

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me.

This original exhibited by Captain Sutter, and proved before

J. W.

May 13, 1852. Manuel Micheltorena, G'ral de Brigada del Ejercito Mejicano Ayu dante Gʼral de la Plana Mayor del mismo, Gobernador, Comand'te G'ral y Inspector del Departam'to de Californias.

No pediendo por ahora por estar sumamente occupado este gobierno supremo departamental, estender uno por uno los titulos respectivos á todas los ciudadanos, que han solicitado terrenos con informe á su favor del S'or D. Augusto Sutter, capitan y juez encargado de la jurisdicion de Nueva Elvecia y Sacramento á nombre de la nacion Mejicana les confiero por estras letras la propiedad pa. ellos y sus familias de los respectivos terrenos marcados en sus instanceas y diseños a todas y á cada uno de los q. hallan solicitado y obtenedo informe favorable del espresado. S'or Sutter h'ta hoy dia de la f'ha, sin que; nadie pueda desputarles su propiedad serviendoles una copia de este que les dará mas adelanti el S. Souter de titulo formal con el q. se presentaran á este gobierno pa. estenderles el mismo titulo en la debida forma y papel sellado correspondiente y pa. la debido constancia en todos tiempos doy este documento que. Serra reconocido y acatado por todas las autoridades civiles y militares de la nacion Mejicana ni este y en los demas de

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