W. A. Clark Et Al., Choctaws
Charles M. Clark, one of the applicants herein, was at Sulphur, Okla., when the select committee of the House was there in August 1910, and saw the individual members of the committee and explained the case of his family to them. The members of that committee will doubtless remember him and that he has the appearance of being a half-breed, showing strongly his Indian blood.
Record
October 28, 1890. Moses C. Clark applied to the Choctaw Council for the admission of himself and family as citizens of the Choctaw Nation by blood.
Note.-This application was filed after the expiration of the time fixed by Congress in the act of June 10, 1896, and the council therefore had no jurisdiction.
October 29, 1896. Citizenship committee reported case adversely for want of sufficient evidence.
October -. 1896. Resolution passed council rejecting application. From this decision appeal was taken to the United States court for the central district of Indian Territory.
August 26, 1897. Decision of United States court dismissing cause for want of jurisdiction because application had not been made to council within the time fixed by the act of June 10, 1896.
___ ___ 1899. M. C. Clark, father of W. A. Clark, appeared before Commissioner McKennon at McAlester and because his name did not appear on the tribal roll was refused enrollment without examination.
M. C. Clark and all of his children, and their children, appeared before the commission at Colbert, Ind. T., and again applied for enrollment. The applicants were examined as to whether their names appeared on tribal rolls, their blood, descent, and residence.
M. C. Clark testified that all the applicants were his children and grandchildren; that he was one-fourth Choctaw; that he was born on the road from Mississippi to Georgia; that his father was Jefferson Clark, a white man, and his mother was Patsey Harkins, a half-blood Choctaw; that he had lived in the Choctaw Nation for 18 years.
May 21, 1902. Before decision on the above application all the applicants in this case applied for recognition as Mississippi Choctaws, claiming descent from a fourteenth article beneficiary under the treaty of 1830.
December 27, 1902. Decision of commissioner holding proof insufficient to identify applicants as Mississippi Choctaws.
June 25. 1906. Motion filed to reopen case and have rights of parties as resident Choctaws adjudicated under opinion of Assistant Attorney General of February 19, 1906, in the case of J. S. Long.
The motion set out that the grandfather of M. C. Clark, John Harkins, a full-blood Choctaw, came to the Choctaw Nation from the Choctaw reservation in Mississippi in 1848, drew annuity money that year and returned to Mississippi for his family, where he was “taken sick and died; that his name, together with the name of his brother, George W. Harkins, appeared on the annuity roll of 1848, then in the possession of the Auditor for the Department of the Interior, in the Treasury Department; that on the preceding roll for the year 1847 and on the succeeding roll of 1849 appeared the name of his brother, George W. Harkins.
Note.-George W. Harkins was subsequently principal chief of the Choctaw Nation.
December 26, 1906. Decision of Secretary of the Interior denying motion, on the ground that the motion did not set up tribal enrollment of applicants since moving to the Choctaw Nation, and That the facts alleged, if true, were not sufficient to entitle them to enrollment.
Note.-Opinion in Long case held such enrollment unnecessary.
January 27, 1907. Decision of commissioner dismissing original application for enrollment of M. C. Clark because of death prior to September 25, 1902.
There was no appearance on behalf of the nations at any of the proceedings had in this case, and the evidence of Choctaw blood and continuous residence in the Choctaw Nation since 1882 stands undisputed.
The claimants, as shown by the decision of the commission December 27, 1902 are: William A. Clark, Nancy L. Clark, Asbery B. Clark, John H. Clark, James A. Clark, Etter E. Clark, Wesley C. Clark, Nettie L. Clark, Willie H. Clark, Mary Winford, Virgil Winford, Jesse Winford, Argie Winford, Rose May Hunter, Lola Hunter, Charles M. Clark, Willie D. Clark, James B. Clark, James Cass Clark, Wesley C. Clark second, Earnest W. Clark, Vernon A. Clark, Arthur R. Clark, Mattie L. Clark, Ida Clark, Thomas E. Clark, and Jesse F. Clark.
They should be enrolled. Copy of court proceedings containing depositions attached.
Respectfully submitted.
Ballinger & Lee
In the United States court for the central judicial district of the Indian Territory.
Moses C. Clark et al., plaintiffs, v. The Choctaw Nation, defendants.
Agreement Of Counsel
Whereas the records or flies in the above-styled cause have been burned and destroyed, and whereas said record or files contained the following matters:
First. Petition for appeal.
Second. Proof of notice of appeal.
Third. Transcript of council proceedings, containing proceedings of citizenship committee and their report to council and affidavits of Samuel Perry, Orangee Collins, Jennie Nelson, Amy Beams, and Willis Evins, and resolution passed by council.
Fourth. Answer or demurrer filed by defendants February 10, 1897.
Fifth. Agreements of counsel to take depositions of Jackson Battiste, Gilbert Cooper, Nancy Clark, Jennie Nelson, Amy Beams, Orange Collins, Willis Evins, and Rebecca Evins, subject to holding of the court on the right of parties to lake additional evidence.
Sixth. Depositions of Jackson Battiste, Gilbert Cooper, Rebecca Evins, Nancy Clark, Jennie Nelson, Amy Beams, Willis Evins, Orange Collins, and Samuel Perry.
Seventh. Two motions to allow taking of additional evidence.
Eighth. Defendants answer, filed April 14, 1897.
Ninth. Demurrer to answer, filed April 15, 1897.
Now, therefore, it is hereby agreed, admitted, and conceded by Stuart. Gordon & Hailey, counsel for the defendants, and W. L. Richard. W. D. Colyar, and W. A. Durant, counsel for the plaintiffs, that concerning-
First. Item the first of said record, the substituted petition of the plaintiffs hereto attached, shall stand and be filed in lieu and stead of the original.
Second. That concerning item the second of said record, the notice having been had ill accord with the law and rulings of the court and the defendants having answered and demurred for appearance, substituted proof of notice is hereby waived.
Third. That concerning item the third of said record, the substituted copies of the petitions, minutes of the citizenship committee and their report to council, and the resolution passed by council filed herewith on the twenty-first, twenty-second, twenty-third, twenty-fourth, twenty-fifth, and twenty-sixth pages of the substituted record herewith, shall be filed and stand in lieu and stead of the original record.
Fourth. That concerning item the fourth of said record the same may be substituted by the defendants.
Fifth. That concerning item the fifth of said record, the same being agreements of counsel for the taking of depositions at Tushka, Homa, and at Kiowa, Ind. T. upon days therein named, subject to the ruling of the court upon the right of parties to take new evidence, saving any and all rights to the defendants, that is said agreements were not to waive the defendants right to plead or raise the question of jurisdiction of this court, and said depositions having been duly taken and published, and the court having ruled that parties may have trial de novo and introduce new evidence, and the plaintiff’s agreeing that same shall not be taken as a waiver of their, the defendants, rights on the question of jurisdiction herein, the substitution of said agreements is hereby waived, this clause of this agreement to stand in lieu and stead thereof.
Sixth. That concerning item the sixth of said record, the same including the depositions of Jackson Battiste, Gilbert Cooper, Samuel Perry, Orange Collins, Amy Beams, Nancy Clark, Jennie Nelson, Willis Evins, and Rebecca Evins, duly taken and filed and published, the time being short in which to retake said depositions, and a considerable expense attending the retaking thereof, and the substance thereof appearing from the copies of certain affidavits and appendices filed and set out herewith on pages 7 to 20, inclusive, of substituted record hereto attached, it is hereby agreed, conceded, and admitted that the matters and facts set out on said pages of said substituted record shall be filed and stand in lieu and stead of the original record or depositions as aforesaid, and shall stand as the facts and evidence in support of the plaintiffs’ claim herein the same as If duly taken or retaken by deposition according to the law.
Seventh. That concerning item the seventh of said record, it is hereby agreed that the substitution of motion lo allow taking of new evidence is hereby waived and dispensed with.
Eighth. That concerning item the eighth of said record, it is hereby agreed that the defendants may substitute the same, being an answer.
Ninth. That concerning item the ninth of said record, the plaintiffs’ substitute appearing on page 6 of the substituted record herewith, shall be filed and stand in lieu and stead thereof.
It being hereby agreed that this stipulation shall be a part of said substituted record hereto attached, and that hereon this cause shall proceed as upon the original record as herein substituted.
It is further agreed that Choctaw Nation have until the 15th of August to take testimony in this cause.
Witness our hands this the 3d day of July, 1897.
W. D. Colyar,
W. L. Richard,
W. A. Durant,
Attorneys for Moses C. Clark ct al., Plaintiffs
______ ______
______ ______
Attorneys for the Choctaw Nation, Defendants
The above agreement is assented to, with the exception that the affidavits of Samuel Perry and Willis Evins used before Choctaw Council are not admitted as evidence.
Stuart. Gordon & Hailey, For Choctaw Nation.
Deposition Of Rebecca Evins
Rebecca Evins, being first duly sworn, on her oath states that she resides near Kiowa. Ind. T. That she is between 75 and 80 years old. That she is acquainted with Moses C. Clark and his wife Nancy Clark: have known Nancy Clark from her earliest childhood: have known Moses C. Clark since the year 1848 or 1849. That he was then about 14 years old and living with his father and mother. His father’s name was Thomas J. Clark, his mother’s name was Patsy Clark; they were then living in the northeast part of the State of Georgia, near Tennessee and North Carolina. Moses C. Clark, aforesaid, the plaintiff, was married in 1853 to his present living wife, Nancy Clark. Patsy Clark, aforesaid, was recognized and reputed by all who knew her throughout the community where she lived as a Choctaw Indian of more than half Choctaw Indian blood. Her name was Patsy Harkins before she married. Her father visited her often while they lived in northeast Georgia: his name was John Harking; he was a Choctaw Indian and showed plainly to be of Indian blood. The last time he visited the said Patsy Clark he was preparing to go to the Indian Territory: this was in 1858 or 1859. He at that time expressed his intention of going out to the new nation, the present Choctaw Nation, preparatory to moving there and taking all his children with him. He claimed Patsy Harkins as his daughter by his first wife, Nancy Harkins. He never visited them any more after that time.
After Moses C. Clark was married in 1853 he and bis wife lived together in northeast Georgia, near his mother, Patsy Harkins, until about 1864, when Moses C. Clark and his family and the deponent and her husband, Willis Evins, moved to Kentucky, leaving Patsy Clark and T. J. Clark on the old home place In northeast Georgia.
While living in wedlock with Moses C. Clark as husband and wife he has had born to him of his said wife, Nancy Clark, the following children, at the birth of each one of which the deponent was present: W. A. Clark, aged 43 years: Jemima Angelina Clark (now Meeler), aged 41 years: J. H. Clark, aged 30 years: Mary Ann Clark (now Winniford), aged 37 years: Charley Clark, aged 35 years: James B. Clark, aged 33 years: Wesley Clark, aged 31 years; Ellen Jones Clark, aged 28 years; Irvin Clark, aged 23 years.
That all of said children, together with their mother and father, Moses C. Clark, are now living in the Choctaw Nation.
That Moses C. Clark and all of said children have lived In the Choctaw Nation for about 11 years; that W. A. Clark has lived here longer; that W. A. Clark married Maggie Mowdy, his present living wife, and while living in lawful wedlock with her as husband and wife have had the following children born to them of the said wife: First, Lether Clark, aged 14 years, and Asberry Clark, aged 11 years, now living with their father in Durant, Ind. T.
That J. H. Clark, aforesaid, has four children living with him at Durant, Ind. T., born to him by his wife, Alice Clark, while living with her in lawful wedlock as husband and wife, namely: James Andy Clark, aged 12 years; Etta Clark, aged 10 years; Westley Clark, aged 8 years; Nettie Clark, aged 5 years.
That Mary Ann Winniford (nee Clark) has living with them near Durant eight children born of her while living in lawful wedlock with her husband, Robert Winniford, namely: Hattie Winniford aged 20 years; Robert Winniford aged 17 years; Charles Winniford aged 14 years: Minnie Winniford, aged 11 years; Mackey Winniford aged 9 years; Evertt Winniford, aged 6 years; Jessie Winniford aged 10 months.
That Charley Clark, aforesaid, has one child now living with him born to him by his wife. Maggie Clark, while living with her as husband and wife in lawful wedlock, namely, Willie Clark, aged 8 years.
That Westley Clark, aforesaid, has three children, now living with him near Durant, born to him by his wife. Emma Clark, while living with her in lawful wedlock, namely: Earnest W. Clark, aged 2 years; Vertrie A. Clark, aged 1½ years: Arthur Clark, aged 2 mouths.
Rebecca Evins.
Subscribed and sworn before-
Blackwell, Notary Public.
(Certificate: Deposition of Nancy Clark, wife of Moses C. Clark, same as above.)
State Of Choctaw Nation, County of Wade:
Personally appeared before me, a notary public in the central division of the United States court In the Indian Territory, Gilbert Cooper, a Choctaw Indian by blood, and on oath deposes and says: “I am 74 years of age, to the best of my knowledge.” Affiant states that he was well acquainted with John Harkins and knows that the said John Harkins was a Choctaw Indian by blood. Affiant further states that he was well acquainted with Nancy Gardner and knows that she was a Choctaw Indian by blood before she was married to the said John Harkins. Affiant further states that he was well acquainted with Patsy Harkins, the daughter of John and Nancy Harkins. Affiant further states that he knew Thomas Jefferson Clark and knows that he was the lawful husband of the said Patsy Harkins, the daughter of the said John Harkins. Affiant further states that he knew the said Patsy Harkins while she attended school at Mayhue Choctaw School, in the State of Mississippi. Affiant further states that the said John Harkins came to this nation from the State of Mississippi from the old nation and drawed his annuity money at old Fort Towson, near the town of Doakville.
Gilbert Cooper.
Subscribed and sworn to before me this the 30th day of November, 1896.
F. M. Fuller, Notary Public.
My commission expires February 13, 1900.
In deposition this affiant also states that he is one-half Choctaw Indian of Choctaw Indian blood, a recognized resident citizen of the Choctaw Nation by blood; that Nancy Harkins (nee Gardner), the wife of John Harkins, who was the father of Patsy Harkins, was over one-half Choctaw Indian of Choctaw Indian blood, and that John Harkins was one-half Choctaw Indian by blood; that the said John Harkins came to this country and registered and drew annuity or money as a Choctaw Indian in the year 1858 or 1859 thereabout.
State Of Choctaw Nation, County of Wade:
Personally appeared before me, a notary public in the central division of the United States court in the Indian Territory. Jackson Battlast, a Choctaw Indian by blood, and on oath deposes and says: “I am 88 years of age, and I was well acquainted with John Harkins.” and knows that the said John Harkins was a Choctaw Indian by blood. Affiant further states that he was well acquainted with Nancy Gardner, and knows that, she was a Choctaw Indian by blood before she married to the said John Harkins. Affiant further states that he was well acquainted with Patsy Harkins, the daughter of John and Nancy Harkins. Affiant further states that he knew Thomas Jefferson Clark and knows that he was the lawful husband of the said Patsy Harkins, the daughter of the said John Harkins. Affiant further states that he knew the said Patsy Harkins while she attended school at Mayhue Choctaw School in the State of Mississippi. Affiant further states that the said John Harkins came to this Nation from the State of Mississippi from the said nation and drawed his annuity money at old Fort Towson, near the town of Doaksville. Affiant further states that him and Gilbert Cooper was both present at the October term of the Choctaw council held at the national capitol of the Choctaw Nation in October 1896, to testify to the blood of Patsy Harkins being a Choctaw Indian by blood, and her case was objected and refused to be heard and referred the case.
Jackson (his x mark) Battlast.
Witness:
M. A. Fuller.
Subscribed and sworn to before me this the 30th day of November 1896. [seal.] V. M. Fuller, Notary Public
My commission expires February 13, 1900.
In deposition affiant states that he is seven-eighths Choctaw Indian by blood and one-eighth French: a resident and recognized citizen of the Choctaw Nation by blood. That John Harkins was the grandfather of Moses C. Clark and was one-half Choctaw Indian by blood, and that Nancy (Gardner) Harkins was the grandmother of Moses C. Clark and was over one-half Choctaw Indian by blood, and that he knows Moses C. Clark and his older brother, William Clark, were both children of Patsy Harkins, who was the daughter of the said John Harkins and Nancy Harkins (nee Gardner), and that Moses C. Clark is a Choctaw Indian by blood.
In the United States Court for the Central Judicial District. Indian Territory. Moses C. Clark et all., plaintiffs, v. The Choctaw Nation, defendants.
Notice To Take Depositions
To the Choctaw Nation, the above-named defendants, or their attorneys, Stewart, Gordon & Hailey:
You are hereby notified that depositions of witnesses to be read in evidence In the above-entitled cause on the part of the plaintiff will be taken in the office of W. A. Durant, in the town of Durant, Choctaw Nation, Ind. T., on the 12th day of July 1897, between the hours of 8 o’clock in the forenoon and 6 o’clock in the afternoon, and that the taking of said depositions, if not completed on that day, will be continued from day to day at the same place and between the same hours until completed.
W. L. Richard,
W. D. Colyar,
W. A. Durant,
Attorneys for the Plaintiff, Moses D. Clark
(Indorsed on back: Moses C. Clark et al., P., v. The Choctaw Nation, Def. Notice to take depositions. Served within notice by delivering a true copy to James Gordon, of the firm of Stuart, Gordon & Halley, on this 8 day of July ’97, at 8.20 a. m. J. P. Grady. U. S. Marshal, by G. L. Miller.)
My name is Henry Harrison. I reside near Durant. Ind. T. I do not know my exact age. I am somewhere between 60 and 70 years old. I was born in Mississippi, amongst the Choctaw Indians. My father was a full-blood Choctaw Indian. I was raised among the Choctaw Indians and have always lived among them, formerly in Mississippi and later in the Indian Territory. I was acquainted with John Harkins in Mississippi, and lived neighbor to him. I was acquainted with the wife of John Harkins also. Her name was Nancy Harkins. Her maiden mime was Nancy Gardner. They were both Choctaw Indians by blood. Nancy Harkins’s (nee Gardner) parents lived in the same neighborhood. They were Choctaw Indians by blood. When I moved from Mississippi to this country John Harkins was still living in Mississippi among other Mississippi Choctaws who had not removed to the Indian Territory.
Henry (his x mark) Harrison.
Witnesses:
R. S. Whitelaw,
W. D. Colyar.
Subscribed and sworn to before me this 12th day of July. 1897.
[seal.] W. L. Poole. Notary Public.
My name is Willis Ivens. I reside near Kiowa, in the Indian Territory. I don’t know my exact age, but am about 65 years old. I am well acquainted with Moses O. Clark, the plaintiff, and have known him since in the forties. I think it was about 1848 when I got acquainted with him. He was then living with his father and mother at their home, where he continued to reside till about 1852 or 1853, when he married his present living wife, Nancy Clark (nee Allen), with whom he has continuously resided as husband till the present time. Moses C. Clark had one brother, older than himself. Their mother’s name-that is, the mother of Moses C. Clark and his brother-was Patsey Clark (nee Harkins). Their father’s name was Thomas J. Clark. I was closely and intimately acquainted with their father and mother aforesaid as a friend and neighbor from about 1848 till about 1860, and met them off and on until they died. Their deaths occurred 7 and 14 years ago.
Moses C. Clark and I grew up together and have always lived closely associated with each other. During the time that elapsed between 1848 and 1860 I spent a great deal of time at the house of his father and mother. I have frequently heard them speak of Moses C. Clark as their own son, being their second boy. I have heard them state time and again, as a matter of family history, that Patsey Clark’s parents and grandparents on both sides were Choctaw Indians by blood. I was well acquainted with Patsey Clark’s father. His name was John Harkins. He was a Choctaw Indian by blood, and was generally reputed by all in that country to be a one-half Choctaw Indian by blood. He always stated that his parents were Choctaw Indians by blood. He frequently visited his daughter. Patsey Clark, at which times I have heard his talk over family matters and family history with her and her family. He always claimed her as his own child by his wife, Nancy Harkins, and that his said wife. Nancy Harkins was at least one-half Choctaw Indian by blood. He often spoke of Polly Harkins as being a full sister of Patsey Harkins.
Moses Clark and his wife, Nancy Clark, have nine children, viz: W. A. Clark, Angeline Meeler (nee Clark), J. H. Clark, Mary Ann Winfred (nee Clark), C. M. Clark, James B. Clark, Ellen Jones (nee Clark), Wesley Clark, and Irvin Clark. Moses C. Clark and all the above-named children are now living in the Choctaw Nation, Ind. T., and have lived in said notion for the last 14 years. W. A. Clark has lived in the Choctaw Nation for about 20 years.
Willis (his x mark) Ivins.
Witnesses:
W. D. Colyar,
J. J. Deiss.
Subscribed and sworn to before me this 12th day of July, 1897.
[seal.] W. L. Poole. Notary Public.
At the instance of plaintiff, taking these depositions is continued till the 13th day of July 1897, on account of absence of witness, Jonas Frazier, to be then resumed at the same place and between the same hours named in the caption.
[seal.] W. L. Poole, Notary Public.
Durant, Ind. T., July 13, 1897.
Taking of depositions in this cause is continued as before, and for same reasons, to be resumed at the same place and between the same hours as named in the caption on the 14th day of July, 1897.
[seal.] W. L. Poole, Notary Public.
Durant, Ind. T., July 13, 1897
Taking of depositions in this cause is continued as before, and for same reasons, to be resumed at same place, between same hours as named in the caption, July 15, 1897.
[seal.] W. L. Poole. Notary Public.
Durant, Ind. T., July 15, 1897
Taking depositions in this cause is continued as before, and for same reasons, to be resumed at same place and between the same hours as named in caption, July 16, 1897.
[seal.] W. L. Poole. Notary Public.
United States Of America,
Central District of the Indian Territory.
I, W. L. Poole, a duly appointed and qualified notary public, within and for the central judicial district of the Indian Territory, do hereby certify that the foregoing depositions of Henry Harrison and Willis Ivens were taken before me and were read to and subscribed by them in my presence at the time and place and in the action mentioned in the caption, the said Henry Harrison and Willis Ivens having been first sworn by me that the evidence they should give in the action should be the truth, the whole truth, and nothing hut the truth, and that their statements were reduced to writing by me in their presence, the plaintiff appearing in person and by W. L. Richards, his attorney, being present at the examination, and after which the taking of the said depositions in this cause was continued to be resumed at the same place from day to day between the same hours on account of absence of witness.
Given under my hand and seal at Durant. Ind. T. within the central judicial district of the Indian Territory, this 12th day of July, 1897.
[seal.] W. L. Poole, Notary Public Aforesaid.
Taking of depositions having been continued on account of absence of witness, Jonas Frazier, it is now resumed on this the 16th day of July 1897, in the place named In the caption, at the hour of 3 o’clock p. m., the witness Jonas Frazier appearing. He being unable to speak English. Joseph Nelson is sworn as Interpreter as per oath and affidavit following:
Affidavit
I, Joseph Nelson, do solemnly swear that I will truly interpret and render in English all the statements made by Jonas Frazier, the witness In the cause now pending, wherein Moses C. Clark et al. are plaintiffs and the Choctaw Nation are defendants, to W. L. Poole, notary public, before whom the deposition of the witness Jonas Frazier is taken and will truly interpret to him the oath administered by said notary public.
Joseph E. Nelson.
Subscribed and sworn to before me this 10th day of July. 1897.
[seal.] W. L, Poole, Notary Public.
My name is Jonas Frazier. I reside near Caddo, Ind. T. I am 88 years old. I am a full-blood Choctaw Indian and a recognized citizen of the Choctaw Nation. I came to the Indian Territory from Mississippi about the year 1832. I lived in Mississippi about 5 miles west of “Old Mayhew” schoolhouse. This was a Choctaw school where only Choctaws were admitted as pupils. I knew one John Harkins in the old nation in Mississippi, and was well acquainted with him from the time I was a little boy till I left Mississippi. John Harkins lived near enough to Mayhew School to send his girls to school there. I knew all his family. His wife was of the Gradner family of Choctaws and was an Indian by blood. John Harkins himself was a half-blood Choctaw Indian. He and his wife had two children, both girls. Their names were Polly and Patsy Harkins. Patsy Harkins was about the same age as myself. Both girls attended school at Mayhew School. Patsy Harkins was married when she was about 16 years old to Thomas T. Clark. They were married at a big preaching or meeting between Mayhew School and the Tombigbee River. The man who married them was a minister of the gospel named Carr. This man Carr and two other preachers, named Kingsbury and Byington, were holding this meeting. When I left Mississippi the above named Thomas J. Clark and Patsy Clark had two children; the youngest one was just a baby. John Harkins aforesaid was still living in Mississippi when I left there.
Jonas (his x mark) Frazier.
Witnesses:
J. L. Wilson.
A. M. Kleinhoffer.
Subscribed mid sworn to before me this 16th day of July 1897.
[seal.] W. L. Poole, Notary Public.
Joseph Nelson, having been first duly sworn, on his oath states: The above deposition of Jonas Frazier is a true rendition in English of the statements of Jonas Frazier, the witness, and that he read and interpreted the same to the said witness. Jonas Frazier before he signed the same, and administered the oath or rendered in the Choctaw language the oath administered by the notary public. W. L. Poole.
Joseph E. Nelson.
Subscribed and sworn to before me this the 16th day of July 1897.
[seal.] W. L. Poole, Notary Public.
United States Of America
Central District of the Indian Territory:
I, W. L. Poole. a duly appointed and qualified notary public, within and for the central judicial district of the Indian Territory, do hereby certify that the foregoing deposition of Jonas Frazier was taken before me and was read to and subscribed to them in my presence at the time and place, and in the action mentioned in the caption, the said Jonas Frazier having been first sworn by me that the evidence they should give in the action should be the truth, the whole truth, and nothing but the truth, and that their statements were reduced to writing by me in their presence, the plaintiff in person and by W. L. Richards, his attorney, being present at the examination.
Given under my hand and seal at Durant, Ind. T., within the central judicial district of the Indian Territory, this 16th day of July 1897.
[seal.] W. L. Poole, Notary Public Aforesaid.
Indorsed on back: No. 4. Moses C. Clark et al. v. Choctaw Nation. Deposition. Filed July 17, 1897. E. J. Fannin, clerk.
In the matter of claim of M. C. Clark et al. for citizenship in the Choctaw Nation.
Orange Collins, after being duly sworn, deposes and says: His age is 72 years, his post office, Caddo, Ind. T. That he is well acquainted with M. C. Clark and family, and also that he lived in Mississippi when he was a boy 17 or 18 years of age. That he knew John Harkins in Mississippi and knew that he was a Choctaw by blood, and at least a half-breed. That he knew one Patsy Harkins in Mississippi when she was a girl, and knew that she was the daughter of John Harkins, spoken of above, and knew that she was educated at Mayhew College and married one T. J. Clark.
Orange (his x mark) Clark.
Subscribed and sworn to before me this 19th day of October 1896.
[seal.] F. F. Folsom, Clerk County and Probate Court, Blue County, Ind. T.
In the United States Court in the Indian Territory, Central District, at South McAlester.
Report Of Special Master In Chancery
Moses C. Clark et al., plaintiffs, v. The Choctaw Nation, defendant.
This case was duly and regularly filed before the Choctaw Council October 28, 1896, plaintiffs claiming citizenship as Choctaws by blood. The Choctaw Council passed a bill rejecting applicants on the 3d day of November, 1896, from which decision of the Choctaw Council the plaintiffs appealed on the 30th day of December, 1896, to which appeal the defendant demurred on February 10, 1897, which demurrer being over ruled the defendant answered April 14, 1897.
August 24, 1897, claimants filed motion to strike out all of the answer except that portion which was the general denial. Motion sustained by the court. I find from the evidence that Moses C. Clark, who styles this case and is applicant, father and grandfather of applicants, is a one-quarter blood Choctaw Indian.
That the said Moses C. Clark and his descendants are descendants of John Harkins and Nancy Harkins, his wife, Mississippi Choctaws, who were members of the Choctaw Tribe or Nation in 1830 at the time of the treaty of the United States with the Choctaw Nation and the patent of the Choctaw Nation, Ind. T., by the Government of the United States to the Choctaw Tribe or Nation of Indians. That said John Harkins and his wife, Nancy Harkins, were half-breed Choctaw Indians. That the mother of Moses C. Clark was the daughter of said John Harkins and Nancy Harkins, and consequently a half-breed Choctaw Indian. That the father of said Moses C. Clark was a white man. That Moses C. Clark and all of his children except W. A. Clark, to wit, Angeline Meeler (nee Clark), J. H. Clark, Mary Ann Winford (nee Clark), Charles M. Clark, James B. Clark, Ellen Jones (nee Clark), Wesley Clark, and Irvin Clark, all came to the present Choctaw Nation, Ind. T. for the first and only time about 14 years ago; that W. A. Clark, son of said Moses C. Clark, came to the Choctaw Nation, Ind. T., about 20 years ago: that all of said applicants and their minor children have continuously resided here since their first and only removal to the Choctaw Nation of their birth: that the following are the respective names and ages of the said Moses C. Clark and descendants, applicants in this case: Moses C. Clark, aged 65 years, and children, to wit, W. A. Clark, aged 43; Angelina Meeler (nee Clark), aged 41: J. H. Clark, aged 39; Mary Ann Winford (nee Clark), aged 37; Charles Clark, aged 35: James B. Clark, aged 33: Wesley Clark, aged 31: Ellen Jones (nee Clark), aged 28; Irvin Clark, aged 23.
Children of W. A. Clark are as follows: Letha Clark, aged 14; Asbury Clark, aged 11.
Children of J. H. Clark: James Andy Clark, aged 12; Etta Clark, aged 10; Wesley Clark, aged 8; Nettie Clark, aged 5.
Children of Mary Ann Winford (nee Clark) are as follows: Hattie Winford, aged 20: Robert Winford, aged 17: Charles Winford, aged 14: Minnie Winford, aged 11; Mackey Winford, aged 9: Evert Winford, aged 6: Jessie Winford, aged 10 months.
Charles Clark has one child, aged 8 years.
Children of Wesley Clark are as follows: Earnest Clark, aged 2½ years: Vertie A. Clark, aged 1 years; Arthur Clark, aged 2 months. That all of said minor descendant applicants were removed and came here with their respective parents or were born here; that all of said applicants are now residents of the Choctaw Nation, Ind. T., and have been continuously so since their respective removals and birth here.
Respectfully submitted this 25th day of August 1897.
W. B. Rutherford, Special Master in Chancery.
Indorsed on back: 4. Moses C. Clark et al. v. Choctaw Nation, Report of special master in chancery, Filed Aug. 25, 1897. E. J. Fannin, clerk.
State Of Oklahoma, Pittsburg County:
I, W. B. Riley, clerk of the district court in and for said county and State, do hereby certify that the above and foregoing is n full, true, and complete copy of the following:
Agreement to substitute record
Substituted deposition of Rebecca Evins.
Substituted deposition of Gilbert Cooper.
Substituted deposition of Jackson Batteast.
Substituted deposition of Orange Collins.
Notice to take depositions.
Deposition of Henry Harris.
Deposition of Willis Ivens.
Continuances.
Certificate of notary.
Deposition of Jonas Frazier and oath of interpreter.
Certificate of notary.
Report of special master.
Said papers being in the case of Moses C. Clark et al. v. Choctaw Nation as the same appear on file in my office.
In witness whereof I hereunto set my hand and affix the seal of said court this the 3d day of December 1910.
[SEAL] W. B. RILEY, Clerk.
By C. L. Hefley, Deputy Clerk.
