Consolidated Cases.
Newt Askew Et Al.
Dawes Commission No. 2. United States court No. 72. Citizenship Court No. 1-T.
William Quint Askew Et Al.
Dawes Commission No. 1. United States court No. 71. Citizenship court No. 2-T.
L. F. Rhoades Et Al.
Dawes Commission No. 59. United States court No. 128. Citizenship court No. 89-T.
J. H. Hill Et Al.
Dawes Commission No. 1375. United States court No. -. Citizenship court No. 68-T.
J. M. Hill Et Al.
Dawes Commission No. 1365. United States court No. 149.
Ella Bennett Et Al.
Dawes Commission No. 869. United States court No. 49.
Choctaws
All the applicants in this case, consisting of several branches of the same family, claim their right to enrollment through Aaron Askew, a half-blood Choctaw Indian, who lived in the State of Alabama. Aaron Askew’s father was a white man named Askew, and his mother a full-blood Choctaw woman by the name of Frazier. Aaron Askew had a large family, and of these Matilda Hill (nee Askew), Tom Askew, Murrill Askew, and Elizabeth Douglass (nee Askew) are the ancestors of the present claimants. The other children of Aaron Askew were Quint, Aaron, Eliza, Mary, Lovitt, and Mose Askew, but, so far as the record shows, these persons either died without issue or their descendants never removed to or made any effort to claim whatever rights they may have had in the Choctaw Nation.
It will be shown hereafter that some members of these families were admitted to citizenship in the Choctaw Nation by the United States Indian agent, some by Indian court, as shown by testimony, and some by judgment of the United States court, and that a portion of them are on the final rolls as citizens of the Choctaw Nation.
Record
September 7, 1896. Original application filed with the Commission to the Five Civilized Tribes (commission No. 1) for the enrollment of William Quint Askew, William Thomas Askew, George Washington Askew, Thane Askew, Perry Askew, Sam Askew, Tommie Askew, Lillie Askew, Martha Askew, Gilbert Askew, Lizzie Askew, Sophia Askew, Mattie Askew, Ellen Askew, Tom Askew, Bettie Askew, Dora Askew, as citizens by blood of the Choctaw Nation, except Martha and Dora, by intermarriage.
Original application on same date (commission No. 2) for the enrollment of Murrill Washington Askew, Rebecca Askew, Johnnie Askew, Newton Askew, Nancy Maliney Askew, William Howard Askew, Henry Edward Askew, Elizabeth Viola Askew, Dallas Alexander Askew, Roxie Cordelia Askew, Mrs. May Catherine Brewer, George Brewer, Elma Brewer, Emma Brewer, Mrs. Mary Ellen Jackson, Tom Jackson, Taylor Franklin Jackson, Aimer Jackson, Charlie Jackson, Roscoe Jackson, Mrs. Martha Etta Turner, Marshall A. Turner, as citizens by blood, except Rebecca Askew, Nancy Maliney Askew, George Brewer, Tom Jackson, and Marshall A. Turner, by intermarriage.
Original application, on same date (commission No. 59), for the enrollment of L. F. Rhoades, as a citizen by intermarriage, and Saul P. Rhoades, Andrew O. Rhoades, Emmett L. Rhoades, Ella N. Rhoades, Roberta Rhoades Olive, Thos. G. Olive, Jessie Lee Olive, as citizens by blood of the Choctaw Nation.
Original application (commission No. 1365) on same date for the enrollment of John Hill; Amanda Hill (nee Joiner), wife; Will Hill: Lillie Hill, wife (nee Palmer); Fannie Hill Simpson; Vint Simpson, husband; Ada Hill Bickham; Cullie Bickham, husband; Laura Hill Miles: Van (or C. E.) Miles, husband; Connie Hill; Grover Hill, Swannie Hill, Myrtle Hill, Phillip Hill, Jewell Hill, Ben C. Hill: Adelia Hill, wife; Leona Hill, Bertha M. Hill, Wm. A. Hill, Ray O. Hill.
Original application (commission No. 1375) filed on same date for the enrollment of James H. Hill; Caroline Hill, wife; J. T. Hill; Emma Hill; Annie Hill Stover; P. O. Stover, husband; Theodore Stover, Luther Stover, Lula Stover, Alice Stover, Olean Stover, Maggie Stover, Hubert Stover, Lilly Stover.
Original application (commission No. 869), on same date, for the enrollment of William Bennett; Ella Bennett (nee Martin), wife; Ida Martin, sister of Ella Bennett; Maud Martin, sister of Ella Bennett: Lela Ann Bennett, daughter of William and Ella Bennett.
October 1896. Answer of the Choctaw Nation filed, in which it is stated “that there is no evidence that this claim has ever been disputed by the Choctaw Nation.”
December 1896. Decision of the commission, denying applications of all claimants for admission to citizenship in the Choctaw Nation on various days during the month of December 1896.
Appeal was taken from the decision of the commission to the United States court, southern district, Indian Territory, at Ardmore, in all the above-named cases, except the case of Ella Bennett, in which case appeal was taken to the central district, at South McAlester.
The cases appealed to the United States court, southern district, seem not to have been consolidated in that court, but the evidence before the commission and additional testimony taken before the master seem to have been considered together.
July 1, 1897. Master’s report filed in the case of William Quint Askew v. Choctaw Nation, No. 71, recommending admission to citizenship of William Quint Askew, son of Tom Askew, and the other applicants in that case, except Martha, Betty, and Dora Askew, who were found to be white persons and not entitled to citizenship.
On the same day exceptions were filed to the master’s report in the above case as to Martha, Betty, and Dora Askew, whose applications were reported on adversely by the master.
Master’s report filed on same date in the case of Murrill Washington Askew et al. v. Choctaw Nation recommends the admission of applicants in that case-Murrill Washington Askew, Newt Askew, sons of Tom Askew, and the other applicants-and reports adversely as to George Brewer, Marshall A. Turner, and Tom Jackson, intermarried.
On same date exceptions were filed to the master’s report as to George Brewer, Marshall Turner, and Tom Jackson, whose applications were reported on adversely by the master.
August 24, 1897. Judgment of the United States court, central district, in the case of Ella Bennett et al., admitting to citizenship in the Choctaw Nation, as citizens by blood, the following-named persons: Ella Bennett, Ida Martin, Maud Martin, Lela Ann Bennett, and excluding William Bennett, who claimed as a citizen by intermarriage.
Certified copy of judgment attached hereto, marked “Exhibit A.”
December 21, 1897. Judgment of United States court, southern district, in the case of William Quint Askew et al., admitting to citizenship in the Choctaw Nation, as citizens by blood, the following named persons: William Quint Askew, William Thomas Askew, George Washington Askew, Sam Askew, Mattie Askew, Ellen Askew, Tom Askew, Thomas (Thane) Askew, Perry Askew, Tommy Askew, Lillie Askew, Gilbert Askew, Lizzie Askew, Sophia Askew.
The judgment also ordered that the case stand open as to Mada Askew, Betty Askew, and Dora Askew, who are applicants for admission as citizens by intermarriage.
Certified copy of said judgment hereto attached, marked “Exhibit B.”
March 12, 1898. Supplemental judgment of United States court, southern district, admitting Martha Askew, Betty Askew, Dora Askew to citizenship in the Choctaw Nation as citizens by intermarriage.
Certified copy of said judgment hereto attached, marked “Exhibit C.”
December 21, 1897. Judgment of United States court, southern district, in the case of Murrill Washington Askew et al., admitting to citizenship in the Choctaw Nation the following-named persons: Murrell Washington Askew, Mrs. May Catherine Brewer, Mrs. Martha Etta Turner, John Askew, Newt Askew, William Howard Askew, Mary Ellen Jackson, Taylor Franklin Jackson, Alma Jackson, Charlie Jackson, Roscoe Jackson, Henry Edward Askew, Elizabeth Viola Askew, Dallas Alexander Askew, Roxie Cordelia Askew, Emma Brewer, Elmer Brewer, Mrs. Rebecca Askew, and Mrs. Nancy Melinda Askew, and that the cause stand open as to George Brewer, Marshall Turner, and Tom Jackson.
Certified copy of said judgment hereto attached, marked “Exhibit D.”
The record does not show that any further action was ever taken by the court as to George Brewer, Marshall Turner, and Tom Jackson.
December 22, 1897. Judgment of United States court, southern district, affirming master’s report, and decreeing that Andrew O. Rhoades, Samuel P. Rhoades, Emmett L. Rhoades, Ella N. Rhoades, Mrs. Robert Olive, and Jesse Lee Olive be “admitted and enrolled as members of the Choctaw Tribe of Indians.”
September 28. 1898. Order nunc pro tunc that L. F. Rhoades be admitted and enrolled as a citizen by intermarriage of the Choctaw Nation.
The name of Thomas G. Olive is not mentioned in the court judgment.
Certified copy attached marked “Exhibit E.”
December 22, 1897. Judgment of United States court, southern district, as shown by the record, admitting J. H. Hill, J. T. Hill, Emma Hill, Annie B. Stover, Luther Stover, Lula Stover, Herbert Stover, Alie Stover, Olion Stover, Maggie Stover, Lillie Stover. Theodore Stover, as citizens by blood, and P. O. Stover and Caroline Hill as citizens by intermarriage of the Choctaw Nation.
Certified copy of judgment attached, marked “Exhibit F.”
March 8. 1898. Judgment of United States court, southern district, admitting J. M. Hill, Willie Hill, Sewell Hill, Fannie Simpson, Clyde Simpson, John Simpson, Grady Simpson, Ada Bickham, Cullie Bickham, Laura Miles, Mable Miles, Myrtle Miles, Philip Hill, Swaney Hill, Connie Hill, Jewell Hill, Grover Hill, B. C. Hill, Albert Hill, Leona Hill, Ray Hill, Bertha Hill, Mada Hill, by blood, and Amanda Hill, and Adelia Hill by intermarriage.
Certified copy attached marked “Exhibit G.”
January 15, 1900. Order nunc pro tunc correcting judgment of United States court of March 8, 1898, by striking there from the names of Sewell Hill, Clyde Simpson, John Simpson, Grady Simpson, Mable Hill, Mada Hill. Albert Hill.
Certified copy marked “Exhibit H.”
December 17. 1902. Decree of citizenship court vacating judgments of United States courts in “test case.”
The records in the cases of William Quint Askew, Murrell Washington Askew, L. F. Rhoades, J. H. Hill, and Ella Bennett were certified to the citizenship court for trial de novo. There is nothing in the record to show that the case of J. M. Hill was ever certified to the citizenship court. All the above cases were considered together by the citizenship court.
September 19, 1904. Decree of citizenship court was rendered in each of the above-named cases certified to that court, denying the applications of all claimants for enrollment as citizens of the Choctaw Nation.
Evidence
The evidence taken before the commission, before the master, and before the citizenship court is very voluminous, and references will be made, as may be necessary, showing before what tribunal the testimony was elicited.
The affidavits and testimony of a large number of witnesses before the commission, before the master, and before the citizenship court show (and there is no evidence to the contrary) that all of the applicants herein are descended from and claim their right to enrollment through Aaron Askew, a half-blood Choctaw Indian, who lived and died in the State of Alabama, and Eliza Askew, his wife, a white woman: that Aaron Askew was the son of Askew, a white man, and Frazier, a full-blood Choctaw Indian woman. Ten children were born to Aaron and Eliza Askew, but of that number six, with their descendants, do not appear as applicants. Those whose descendants are applicants herein are Tilda (Matilda) Hill (nee Askew), daughter of Aaron Askew, who married Hiram Hill, and is the ancestress of the applicants in the Hill cases; Tom Askew, son, of Aaron Askew, who married Betty Blassingame, a white woman, and is the ancestor of the applicants in the William Quint Askew, Murrell Washington Askew, and Newt Askew cases; Murrell Askew, son of Aaron Askew, who married Eliza Wright, a white woman, and who is the ancestor of the applicants in the Rhoades case, and some of whose children and grandchildren appear upon the final rolls of the Choctaw Nation; Elizabeth Askew, daughter of Aaron Askew, who married Joe Douglass, a white man, and who is the ancestress of the applicants in the Ella Bennett case.
M. Askew and B. B. Askew, sons of Murrill Askew and grandsons of Aaron Askew, who are enrolled upon the final rolls of the Choctaw Nation, in their joint affidavit filed with the Commission to the Five Civilized Tribes in the case of William Quint Askew ct al., state:
Our names are M. and Ballus Askew; we are 43 years of age. Kallus Askew is 40 years of age, and our post-office address is Ran, Ind. T. We know the parties that are applying for citizenship and know them to be relatives of ours. Our relationship is as follows: Our grandfather, named Aaron Askew, was one-half Choctaw Indian by blood. He married and had three boys by his wife, named Tom, Mose and Murrill. These boys were all full brothers. Our father, whose name was Murrill Askew, was one of these boys. Tom Askew had four children. They were Quint, Wash, Newt, and Mary. Quint has been married twice and has several children. Our father came to the Indian Territory a number of years before any of the rest of the family did. In connection with my brothers and sisters we prosecuted an application for citizenship to a final hearing and was admitted by the authorities of the Choctaw Nation as a citizen and enrolled upon their roll book as such. We and all our brothers and sisters are citizens of the Choctaw Nation We are positive that William Quint Askew, who is our first cousin, is like ourselves-a one-eighth Choctaw Indian by blood. We do not know much about his children or his children’s children, though we understand that there are several of them.
William Quint Askew, son of Tom Askew and grandson of Aaron Askew, in his affidavit filed with the commission in his own case, states:
My name is William Quint Askew; I am 68 years of age. and my post-office address is Lebanon. Ind. T.; I am one of the applicants for citizenship in the above-entitled cause.
I was born and partly raised near Florence. Ala., and my father was Tom Askew, and my mother was, before marriage, named Hetty Blassingame. My father always claimed to be one-fourth Choctaw Indian by blood, whilst my mother claimed to be a white woman. I have heard my father often speak of being an Indian and of his intention of coining west and settling among them, but he never did so: and on about 12 month of 1852 he died in Alabama. I remained in Alabama until the year 1891, when I moved to the Indian Territory. My father had two brothers, named Murrill and Mose, whom I knew well. I have been to their houses often and stayed with them. When a boy I went to see my father’s father; that is to say, my grandfather, who was named Aaron Askew. My grandfather was a one-half Choctaw Indian by blood, and I lived with him for a considerable length of time. He looked like an Indian and had most of the ways of an Indian. He had long, straight black hair and was of dark complexion. He claimed himself to be a one-half Choctaw Indian, and all the people in that community recognized him as such.
My uncle, Murrill Askew, moved away from Alabama into the Indian Territory a number of years before I left Alabama. When I came out here my Uncle Murrill was dead. Prior to his death, however, he had filed an application before the proper authority of the Choctaw Nation for admission to citizenship in said nation. Upon our arrival we assisted our Uncle Murrill’s children in prosecuting their application to successful conclusion. They established their rights as Choctaw Indians before the proper authorities of the Choctaw Nation and were vested with all the rights and privileges of a Choctaw Indian by blood. I am a descendant of Aaron Askew, a common ancestor of us all, and have the same amount of Indian blood as they (Murrill Askew’s children). I am one-eighth Choctaw Indian and so are they.
Willis Howell, in his affidavit filed with the commission, states:
My name is Willis Howell; my age is 66 years. I was raised in Alabama, and my post-office address, Rockwall, Tex. I was raised in Alabama about 10 miles north of Florence and lived there until I moved West. In our neighborhood back there was a half-blood Choctaw Indian, named Aaron Askew, who was a prominent citizen, and whom I knew well. This Aaron Askew married a white lady who was a citizen of tho United States, but whose name I do not remember, and by her had three children; namely, Tom Askew, Mose Askew, and Murrill Askew. Murrill Askew moved away from there and came West. He had married a United States citizen named Lizzie Wright, and by her had several children. After Murrill’s death I understand that his children applied for citizenship in the Choctaw Nation and were admitted.
They have always been considered Indians by blood by those who knew them, and I know that they are legitimate descendants of Aaron Askew and are one-eighth Choctaw Indians by blood.
Eliza Askew, nee Wright, 73 years of age, wife of Murrill Askew, who was son of Aaron Askew, in her testimony before the master, states: That she is the wife of “the Murrill Askew that was admitted to citizenship”; that she was acquainted with Aaron Askew and lived not over 2 miles from him, in Lauderdale County. Ala.; that Aaron Askew claimed to be a Choctaw Indian and had the features of a Choctaw Indian; that she was acquainted with Aaron Askew’s children-Tilda, Tom, Murrill, Elizabeth, Nute (Newt), and Wash (Murrill Washington) Askew; that Aaron Askew claimed to have one-half Indian blood and that her husband, Murrill Askew, was one-fourth Choctaw; that Matilda Askew married Hiram Hill and had several children; that Elizabeth Askew married Joe Douglass.
(At this point in the testimony it seems as if the stenographer had failed to transcribe a portion of same which referred to the children of witness herself.) She then states that Cleopatra Askew was her daughter, who married L. F. Rhoades.
Rebecca Askew, wife of Murrill W. Askew, in her testimony before the master, states: That Eliza Askew, who just testified, is her sister; that she was raised in Lauderdale County, Ala.; knew Aaron Askew: that Aaron Askew was a Choctaw Indian; that she lived about a mile and a half from Aaron Askew; that Aaron Askew died the first or second year of the Civil War, when she was 26 years old; that Aaron Askew married a white woman, and had children, Tilda, Mary, Eliza, Elizabeth, Lovitt, Thomas, Murrill, Mose; that Murrill Askew is the same one that moved to the Indian Territory, and his children have been admitted to citizenship; that Tom Askew married Hetty Blassingame, and their living children are William Quint, Murrill Washington, Newton, and Mary; that Elizabeth Askew married Joe Douglass, that one of their children was Leona Houghton (nee Douglass), who was admitted as a citizen; that Matilda Askew married Hiram Hill, but witness did not know all the children; that J. II. Hill and Ann Stover are children of Matilda Hill; that Murrill Askew married Eliza Wright; that Murrill Askew had a daughter by the name of Cleopatra, who married L. F. Rhoades; that Aaron Askew, Murrill Askew, and Matilda Askew showed Indian blood, and were recognized as Choctaws by blood by the people who knew them.
Balis Askew states that he is son of Murrell Askew. Certified copy of opinion of Indian court in the case of B. B. Askew et al. v. Choctaw Nation was exhibited to witness, showing admission to citizenship in the Choctaw Nation of B. B. Askew et al. This certified ropy of opinion, however, is not with the papers in the case. He testified:
Q. (By Mr. Cruce.) Have you any sisters besides these in the application?- A. Yes, sir.
Q. What is her name?-
A. Cleopatra Rhoades, the only one not in this application
Q. Who did she marry?-
A. Rhoades.
Q. Is she the only one of your sisters that is not admitted?-
A. Yes; sir.
Q. Where is she now?-
A. Dead.
Q. Do you know how it happened her name was not in the application with the others?-
A. Yes, sir.
Q. How?-
A. She was dead, and the children were not here.
Q. Where were they living?-
A. In Alabama.
Murrill W. Askew, son of Tom Askew and grandson of Aaron Askew, in his examination before the master states: That he married Rebecca Wright and had the following children: Mary. Martha, Delia, John; that Mary married George Brewer and had two children, Emma and Elmer; that Martha married Marshall Turner. He states further:
Q. When did you come here?-
A. Five years ago last fall. (The testimony was taken March 17, 1897.)
Q. When did your brother William Quint, come?-
A. The next fall.
Q. Newt, brother of yours, when did he come?-
A. The fall before I came.
Q. What was your intention in corning to the Territory?-
A. The intention was to receive our rights.
Q. You came here in good faith to establish your Indian rights and became an Indian citizen and reside now in the Indian Territory?-
A. Yes, sir.
M. Askew, in his testimony taken before the citizenship court, states: That he is 51 years of age and a citizen of the Choctaw Nation and member of the Choctaw Tribe of Indians and enrolled as such member; that his father was Murrill Askew and his mother Eliza Wright; that he traces his Indian blood through his father, Murrill Askew, and that Murrill Askew possessed one-fourth Indian blood; that Murrill Askew traced his blood through his father, Aaron Askew, who was a half blood; that Newt, Quint, and Wash are his first cousins, their father being Tom Askew, full brother of Murrill Askew. He further states that he was born in Lauderdale County, Ala., in 1853; that he came with his father. Murrill Askew, to the Chickasaw Nation in 1881: that his father was admitted to citizenship in the Choctaw Nation by the United States Indian agent, application having been made for him by witness and his brothers.
W. T. McDonald, 72 years of age, states that he was born and raised in Lauderdale County, Ala., and knew Aaron Askew; that he always understood Aaron Askew to be a Choctaw Indian; in appearance he was an Indian.
J. L. Davidson states that he is C2 years of age, lives in the Chicka- saw Nation; born and raised in Lauderdale County, Ala.; knew Aaron Askew and his children; knew Tom Askew; his people were Indians; they were copper colored; he was, particularly; he spoke something and said it was Choctaw, and claimed he could speak both Choctaw and Chickasaw; Aaron Askew wore moccasins and spoke Choctaw and Chickasaw.
Newton Askew states that his age is 59 years; that he lives near Willis, in Pickens County (Chickasaw Nation); that he came to the Indian Territory in 1890: always claimed to be Choctaw; came to the Indian Territory to join his people; knew Aaron Askew; that Aaron Askew claimed to be of Choctaw descent and belonged to the Choctaw Tribe of Indians; that he had the appearance of an Indian and had the Indian “brogue” in his conversation; that he is related to Leona D. Houghton, cousin, and cousin to B. B. Askew and his brothers and sisters; that he and his family lived here all the time since coming to the Indian Territory in 1890. He further states that he was born in Alabama and left there to rejoin his tribe; “knew that we were Choctaw Indians”; that he is a brother of William Quint Askew and Murrell M. Askew.
Numerous other witnesses testify at great length as to the blood and descent of applicants herein. It thus appears from the evidence, which stands uncontradicted, that applicants are descended from Aaron Askew, a half-blood Choctaw Indian and a member of the Choctaw Tribe of Indians; that Murrell Askew, son of Aaron Askew, came to the Indian Territory in 1880, while the other branches of the family came to the Indian Territory about 1890 as will be more particularly set out hereafter.
The evidence shows that all of the descendants of Murrell Askew (son of Aaron Askew and brother of Matilda Askew Hill and Tom and Elizabeth Askew Douglass), except Cleopatra Rhoades, his daughter, and her children, are upon the final rolls of the Choctaw Nation. It further appears from the evidence that this branch of the family made application to the Choctaw Council for admission to citizenship in the Choctaw Nation, which application was rejected, and that thereafter they appealed to the United States Indian agent, by whom they were admitted.
(Copy of said opinion of the Indian agent is attached hereto, marked'” Exhibit L”)
There is also with the papers a certificate from J. B. Jackson, national secretary of the Choctaw Nation, as follows:
This is to certify that Dora McKinzie and Sam McKinzie are recognised as citizens of the Choctaw Nation.
Witness my hand and seal of office this the 18th clay of October 1895.
J. B. Jackson, National Secretary Choctaw Nation.
I hereby certify that the above is a true copy, with the exception of the seal of the Choctaw Nation I am unable to make.
Witness my hand and seal of office this August 22, 1896.
[seal.| Jesse Turner, Notary Public
The evidence shows that Dora McKinzie is a sister to B. B. Askew and daughter of Murrell Askew, and that Sam McKinzie is her husband.
There appear upon the final rolls of the Choctaw Nation, approved by the Secretary of the Interior, the following names: 14240, Em Askew (son of Murrell Askew); I. W. 1567, Mollie Askew; 14215, B. B. Askew (son of Murrell Askew); L. W. 1566, Josephine Askew, wife of A. Askew; 14272, Daniel B. Askew; I. W. 1232. Maxie Askew; L. W. 1485, Mollie Askew; I. W. 1233, Arkansas Askew; 14230, Tom V. Askew; 14367, Julius Askew; 14339, Jasper Hendrix; 14234, Mattie Starriett; 14250, Eliza Alexander; 14280, Dora McKinzie.
The records now in possession of the Commissioner to the Five Civilized Tribes show all the above are descended from Murrell Askew, who is son of Aaron Askew, through whom all applicants claim their right to enrollment.
There are also the names of several other intermarried persons and newborn children upon the final rolls, members of this branch of the Askew family. Suffice it to say that the names of all of the children and grandchildren of Murrell Askew, son of Aaron Askew, are upon the final rolls, with the exception of the Rhoades family, claiming their right to enrollment through Cleopatra Rhoades, daughter of Murrell Askew, and the testimony of L. F. Rhoades is, as to residence, “I have been living in the Chickasaw Nation seven years continuously,” the date of that statement being October 17, 1898. The Rhoades family should be enrolled.
It is shown by the evidence that Ella Bennett is the daughter of Mary Martin, who was the daughter of Elizabeth Douglass Askew, who was a daughter of Aaron Askew, and that Ella Bennett and her children were living in the Choctaw Nation in 1895.
The applicants, William Quint Askew, Murrell W. Askew, and Newt Askew, are shown by the evidence to have been the sons of Tom Askew, son of Aaron Askew, and brother of Murrell Askew, whose descendants are upon the final rolls of the Choctaw Nation.
William Quint Askew says:
I have been living in the Chickasaw Nation about four years. Last winter I moved to the Choctaw Nation about the last of December. I came to the Territory from Tennessee in October 1893.
Newt Askew says:
I have been living In the Chickasaw Nation with my family continuously for seven years. (Testimony taken in 1897.)
Murrell W. Askew says:
I came here five years ago last fall. (Testimony taken March 17, 1897.)
Other witnesses also testify to the fact that the applicants, William Quint Askew, Murrell W. Askew, and Newt Askew, came to the Choctaw and Chickasaw Nations in the years 1891, 1892, and 1893.
The applicants, J. M. Hill and J. H. Hill, it is shown by the evidence, are the sons of Matilda Hill, daughter of Aaron Askew and sister of Murrell Askew, whose descendants are upon the final rolls of the Choctaw Nation.
J. H. Hill testifies that he came to the Territory in the fall of 1895.
J. M. Hill testifies that “I have been living in the Territory since 1896.”
Statement
Counsel for applicants submit that the evidence shows (and there is nothing in the record to in any way contradict it) that all the applicants herein are descendants of Aaron Askew, a half-blood Choctaw: that Murrell Askew, his son, came to the Territory about 1880, and his children and grandchildren are upon the final rolls of the Choctaw Nation: that all the other principal applicants, whose blood arid descent have been heretofore set out, came to the Choctaw and Chickasaw Nations from 1890 to 1896, none of them later than 1896, and have been living therein continuously ever since, in good faith.
Counsel submit that all those applicants who are shown to be of Choctaw blood and descent, through Aaron Askew, who removed to the Choctaw and Chickasaw Nations before June 28, 1898, whose names appear in the judgments of the United States court admitting them to citizenship, with their descendants, should be enrolled as citizens of the Choctaw Nation. They are:
Note.-In the list given below the word “judgment ” means that the name of the person appears in judgment of United States court; where the words “not in judgment” appear it means they are descendants of those whose names appear in Judgment; where the word “dead” appears it means that that person apparently died before September 25, 1902, and where that is ascertained to be correct the person is not entitled to appear upon the rolls.
William Quint Askew, Judgment: Martha Askew, his wife. I. W., judgment; William Thomas Askew, son of William Quint Askew, judgment; George Washington Askew, son of W. Q., judgment: Sam Askew, son of W. Q., judgment; Mattie Ellen Askew, daughter of W. Q. judgment; Tom Askew, son, judgment; Hettie Askew, wife of William Thomas Askew, judgment; Thane Askew, child of William Thomas Askew, judgment: Terry Askew, child of William Thomas Askew, judgment: Tommy Askew, child of William Thomas Askew, judgment: Lillie Askew, child of William Thomas Askew, judgment; Gilbert Askew, child of William Thomas Askew, judgment: Lizzie Askew, child of William Thomas Askew, judgment; Ethel Askew, child of William Thomas Askew, not in judgment: Robert Askew, child of William Thomas Askew, not in judgment: Robert Floy Shipman son of Thane not in judgment: Dora Askew, wife, judgment; Sophia Askew, daughter, judgment: Alice Askew, daughter, not in judgment; Terry Q. Askew, son of George, not in judgment: Frankie Beatrice Askew, daughter of Sam not in judgment: Leo Askew, son of Sam, not in judgment.
Murrell W. Askew (dead: not to be enrolled), judgment; Rebecca Askew, wife, judgment: Mrs. May Catherine Brewer, daughter, judgment; Mrs. Martha Etta Turner, daughter, judgment; John Askew, son, Judgment: Emma Brewer, daughter of May Catherine Brewer, not in judgment: Elmer Brewer, son, not in judgment: Mary B. Brewer, daughter, not In judgment; John Franklin Brewer, not in judgment.
Newt Askew, judgment; Nancy M. Askew, wife, judgment; William H. Askew, son, judgment; Mary Ellen Jackson, daughter, judgment; Henry E. Askew, son, judgment: Elizabeth V. Askew daughter (Hefner), judgment; Dallas A. Askew, son, judgment; Roxy C. Askew, daughter, judgment; Julius Edward Askew, son of William H. not in judgment: Violet Askew, daughter, not in judgment; Taylor Franklin Jackson, son of Mary Ellen, judgment: Alma Jackson, judgment: Charley Jackson, judgment: Roscos Jackson, judgment: Ethel Jackson, not in judgment; Alpha Marie Hefner, daughter of Elizabeth V. not in judgment: Mary Ann Hefner, not in judgment; Carl Hefner, not in judgment: Oscar O. Askew, son of Dallas A., not in judgment; Vernie Askew, son, not in judgment: Arthur W. Carter, son of Roxy Askew Carter, not in judgment.
L. F. Rhoades son of Cleopatra Rhoades, and grandson of Aaron Askew, judgment: Andrew O. Rhoades, son, judgment: Samuel P. Rhoades, son (dead). Judgment: Emmett L. Rhoades, son, Judgment: Ella N. Rhoades, daughter (dead). Judgment: Roberta Olive, daughter, judgment: Lessie L. Rhoades son of Andrew O. not in judgment; Roy Cecil Rhoades, son of Andrew O. not In judgment; Floyd Rhoades, son of Andrew O. not in judgment: Julius Clayton Rhoades, son of Andrew O., not in Judgment: Callie May Rhoades, daughter of Emmett L., nor in judgment: Jesse Leo Olive, son of Roberta Olive, not In judgment: Hettie Olive, daughter of Roberta Olive, not in judgment.
James H. Hill, son of Matilda Hill, nee Askew, judgment: Catherine Hill, wife, judgment: James T. Hill. Son, judgment; Emma Hill, daughter, judgment.
Annie Stover, daughter of Matilda Hill, judgment; P. O. Stover, husband, Judgment; Luther Stover, son, judgment: Lula Stover, daughter, judgment: Alice Stover, daughter, judgment; Orion Stover, son, judgment; Hubert Stover, son, judgment; Maggie Stover, daughter, judgment; Lillie Stover, daughter, judgment: Theodore Stover, son, Judgment: Harvey Stover, son of Theodore, not in judgment; Hazel Stover, daughter of Theodore, not in judgment.
John M. Hill, son of Matilda Hill, nee Askew, judgment; Amanda Hill, wife, judgment: Willie Hill, son, Judgment; Fannie Simpson, daughter, judgment; Ada Bickham (Buchanan), daughter, Judgment; Cully Bickham, son of Ada, judgment; Laura Miles, daughter of J. M. Hill, judgment; Connie Hill, daughter of J. M. Hill, judgment; Grover Hill, son of J. M. Hill, judgment; Swaney Hill, daughter of J. M. Hill, Judgment; Myrtle Hill, daughter of J. M. Hill, judgment: Philip Hill, son of J. M. Hill, judgment; Jewell Hill, daughter of J. M. Hill, judgment.
Sewell Hill, son of Willie Hill, not in judgment; Clarrice Hill, daughter of Willie Hill, not in judgment; Olen Hill, son of Willie Hill, not in judgment; Mattie E. Simpson, daughter of Fannie Simpson, judgment; Lindsey Simpson, son of Clyde; Clyde Simpson, stricken from roll, but should be enrolled: he is son of Fannie Simpson, in judgment; John Simpson, son of Fannie, stricken from Judgment: Grady Simpson, son of Fannie: Ada Edna Buchanan, daughter of Ada Buchanan, not in judgment; Mabel Miles, daughter of Laura, stricken from judgment; Oma V. Miles, daughter of Laura, not in judgment; Lydia Miles, daughter of Laura, not in judgment: Johnie Evelina Miles, daughter of Laura Miles, not in judgment: Pearl Jackson, daughter of Connie Jackson, not in judgment; John Herman Jackson, son of Connie, not in judgment.
B. C. Hill, son of Matilda Hill, judgment; Adelia Hill, wife of B. C. Hill, judgment; Leona Hill, daughter, judgment; Albert Hill, son, stricken from judgment; Ray Hill, son, judgment: Bertha Hill, daughter of B. C. Hill, judgment; Mada Hill, daughter of B. C., stricken from judgment; Emmett Hill, son, not In Judgment.
Those marked “stricken from judgment” are children of others in judgment and full brothers and sisters to others in judgment. They would seem to have been stricken from roll through mistake.
Ella Bennett, granddaughter of Elizabeth Douglass, great-granddaughter of Aaron Askew. Judgment; Lela Bennett, daughter, judgment; Ida Martin, sister, Judgment; Maud Martin, sister, Judgment; Bettie Rosetty Bennett, daughter, not in judgment: Charles N. Bennett, son, not in judgment: Lena Bennett, daughter, not in judgment: Minnie Elizabeth Bennett, daughter, not in judgment.
Exhibits attached.
Respectfully submitted.
Ballinger & Lee, For the Hills.
W. B. Johnson & A. J. Lee, For the Rhoades.
Thomas Norman, For the Askews.
Walter S. Field, For Stovers and Hills. (125 in all.)
Exhibit A
United States Of America,
Indian Territory, Central District, ss:
In the United States court in the Indian Territory, central district, at a term thereof begun and held at South McAlester, in the Indian Territory, on the 24th day of August, A. D. 1897. Present, the honorable judge of the court. The following order was made and entered of record, to wit:
William Bennett et al. v. Choctaw Nation. 40. Judgment
On this 24th day of August, A. D. 1S97, the above-styled action came on to be heard in open court, and both plaintiffs and defendant announced ready for trial, and the matter (if fact and law being submitted to the court, a jury being waived by both parties, and the court having heard all the evidence of both plaintiffs and defendant and argument of counsel, doth find that the plaintiffs, Ella Bennett, Ida Martin. Maud Martin, and Lela Ann Bennett, are citizens by blood of the Choctaw Nation and Tribe of Indians, and are entitled to nil the rights, privileges, immunities, and benefits as citizens by blood of the Choctaw Nation and Tribe of Indians; the court further finds that plaintiff William Bennett was not married to a member of the Choctaw Nation according to the laws of said Choctaw Nation and is not entitled to citizenship in said nation.
It is therefore ordered, adjudged, and decreed by the court that the plaintiffs, Ella Bennett. Ida Martin, Maud Martin, and Lela Ann Bennett, be admitted to and granted all the rights, privileges, immunities, and benefits of citizens by blood of the Choctaw Nation and Tribe of Indians, and that their names be placed upon the legal citizenship rolls of the Choctaw Nation, prepared for citizens by blood by the Commission to the Five Civilized Tribes, or otherwise hereafter prepared.
It is further ordered that the Commission to the Five Civilized Tribes be transmitted by the clerk of this court a certified copy of the judgment and decree herein, and an order that the said commission place the names of the above-named plaintiffs upon the rolls as herein commanded. That the name of said William Bennett is excluded from said rolls, and judgment is here rendered against said William Bennett.
It is further ordered, adjudged, and decreed that the above-named plaintiffs have and recover of and from the defendant, the Choctaw Nation, all their costs in this behalf laid out and expended, for all of which let execution issue.
The within is a true copy from the record of an order made by said court on the 24th day of August, A. D. 1897.
P. B. Stoner, Clerk.
[seal.] By E. J. Fannin. Deputy Clerk.
United States Of America,
Central District of the Indian Territory:
I, E. J. Fannin, clerk of the United States court in and for the central district of the Indian Territory, do hereby certify that the within Is a true, correct copy of a judgment rendered in this court in the above-entitled cause on the 24th day of August. 1897, that the same has not been modified in any respect, und that the Choctaw Nation has not appealed from said judgment.
In witness whereof I have hereunto set my hand and seal of office at South McAlester this 17th day of May A. D. 1899.
[seal.] E. J. Fannin, United States Clerk.
[United States revenue stamp.]
This Is to certify that I am the officer having custody of the records pertaining to the enrollment of the members of the Choctaw, Chickasaw, Cherokee. Creek, and Seminole Tribes of Indians, and the disposition of the land of said tribes, and that the above and foregoing is a true and correct copy of a certified copy of a judgment of the court dated August 24, 1897, in the matter of the enrollment of William Bennett et al. as members of the Choctaw Nation.
J. Geo. Wright, Commissioner to the Fire Civilized Tribes.
By W. H. Angell,
Clerk in Charge of Choctaw Records.
Muskogee, Okla., November 10, 1910
Exhibits B And C.
Transcript Of Proceedings
United States Court,
Indian Territory, Southern District, ss:
At a stated term of the United States court In the Indian Territory, _____ district, begun and had in the court rooms at Ardmore, in the Indian Territory, of the 15th day of November, in the year of our Lord 1897.
Present, the Hon. Hosen Townsend, judge of said court.
On the 21st day of December, 1897, being a regular day of said term of court, among the proceedings had were the following, to wit:
William Quint Askew et al. v. The Choctaw Nation
Judgment
This cause coming on to be heard upon the master’s report herein and exceptions thereto and the pleadings and evidence on this the 21st day of December, 1897, and it appearing to the court from said master’s report and the evidence herein that a half-breed Choctaw Indian named Aaron Askew died in the State of Alabama; that said Aaron Askew married and had born to him among other children two boys named Tom and Murrell; that Murrell Askew’s descendants are now enrolled citizens of the Choctaw Nation; that the applicants herein are the descendants of Tom Askew; that Tom Askew married and had born unto him four children, to wit, William Quint Askew, Murrell Washington Askew, Newt Askew, and Mary Askew.
It further appears that the above William Quint Askew is one of the applicants herein and that all the other applicants are his descendants.
It also appears that all of the applicants herein are bona fide residents of the Chickasaw Nation, Indian Territory, and also that neither they nor their ancestors have received any lands or other property from either the Choctaw Nation or the United States, and also that they are of white and Indian blood and are entitled to citizenship in the Choctaw Nation and to enrollment as citizens thereof, having duly complied with the laws In all respects in the prosecution of their application.
It is therefore ordered, decreed, and adjudged that the following-named parties be and the same are hereby admitted to citizenship in the Choctaw Nation and ordered to be enrolled ns citizens and members thereof, to wit: William Quint Askew, William Thomas Askew, George Washington Askew, Sam Askew, Mattie Askew, Ellen Askew, Tom Askew, Thomas Askew, Perry Askew, Tommy Askew, Lillie Askew, Gilbert Askew, Lizzie Askew, and Sophia Askew.
And it is ordered, decreed, and adjudged that they possess and be permitted to enjoy and exercise all the rights, privileges, and immunities of citizens and members of said Choctaw Nation of Indians.
It further appears that exceptions have been filed to that part of the master’s report relating to Martha Askew, Betty Askew, and Dora Askew, and it is hereby ordered that this cause stand open as to these three parties so that said exceptions may be considered hereafter, but in all other respects and with reference to all other parties mentioned In the master’s report said master’s report is confirmed.
HOSEA TOWNSEND, Judge
United States Court,
Indian Territory, Southern District, ss:
I, C. M. Campbell, clerk of the United States court within and for the district and Territory aforesaid, do hereby certify that the above and foregoing orders are truly taken and correctly copied from court journals of said court as the same appears to me. .
In testimony whereof I have hereunto set my hand and affixed the seal of said court at Ardmore this 4th day of May, A. D. ss.
[seal.] C. M. Campbell, Clerk.
This is to certify that I am the officer having custody of the records pertaining to the enrollment of the members of the Choctaw. Chickasaw, Cherokee, Creek, and Seminole Tribes of Indians, and the distribution of the land of said tribes, and that the above and foregoing is a true and correct copy of “transcript of proceedings” had in the United States court for Indian Territory, southern district, on the 21st day of December 1897, in the case of William Quint Askew et al. v. The Choctaw Nation.
J. Geo. Wright.
Commissioner to the, Five Civilized Tribes
By W. H. Angell,
Clerk in Charge of Choctaw Records
Muskogee, Okla., November 1, 1910
Transcript Of Proceedings
United States Court,
Indian Territory, Southern District, ss:
At a stated term of the United States court in the Indian Territory, ____ district, begun and had in the court rooms at Ardmore, in the Indian Territory, on the 15th day of November, in the year of our Lord 1897.
Present: The Hon. Hosea Townsend, judge of said court.
On the 12th day of March, 1898, being a regular day of said term of court, among the proceedings had were the following, to wit:
William Quint Askew et al. v. Choctaw Nation. 71.
Judgment
This cause coming on to be heard on this the 12th day of March, 1898, as to all those parties as to whom the judgment heretofore rendered, on December 21, 1898, was reserved and held open; and the court being fully advised as to both the law and evidence, finds that Martha Askew, Betty Askew, and Dora Askew are Choctaw Indians by marriage, and that they are entitled to citizenship in said Choctaw Nation or Tribe of Indians and to be enrolled on the rolls of citizenship of said nation.
It is therefore ordered, decreed and adjudged that Martha Askew, Betty Askew, and Dora Askew be, and the same are hereby, admitted to citizenship in the Choctaw Nation and to enrollment upon the rolls of said nation, and they are hereby vested with and shall he permitted to exercise and enjoy all the rights, privileges, and immunities of citizens of said nation. The clerk is hereby ordered and directed to certify a copy of this Judgment to the Dawes Commission, and said commission Is hereby directed to enroll the above parties on the roll of the Choctaw Nation.
United States Court,
Indian Territory, Southern District, ss:
I, C. M. Campbell, clerk of the United States court within and for the district and Territory aforesaid, do hereby certify that the foregoing orders are truly taken and correctly copied from court journals of said court, as the si: me appears to me.
In testimony whereof I have hereunto set my hand and affixed the seal of said court at Ardmore this 4th day of May, A. D. 1898.
C. M. Campbell, Clerk.
This is to certify that I am the officer having custody of the records pertaining to the enrollment of the members of the Choctaw, Chickasaw, Cherokee Creek, and Seminole Tribes of Indians and the disposition of the land of said tribes, and that the above and foregoing is a true and correct copy of “transcript of proceedings” and judgment rendered by Hon. Hosea Townsend on March 12, 1898, in case No. 71, styled William Quint Askew et al. v. Choctaw Nation.
J. Geo. Wright, Commissioner to the Five Civilized Tribes,
By W. H. Angell, Clerk in Charge of Choctaw Records.
Muskogee, Okla., November 1, 1910.
Exhibit D.
Murrell Washington Askew et al., plaintiffs, v. The Choctaw Nation, defendants.
No. 72.
This cause coming on to be heard upon the master’s report herein and exceptions thereto, and the pleadings and evidence, on this the 21st day of December 1897, and it appearing to the court from the said master’s report and evidence herein that a half-breed Choctaw Indian mimed Aaron Askew lived and died in the State of Alabama; that said Aaron Askew married and had born to him, among other children, two boys named Tom and Murrell; that Murrell Askew’s descendants are now enrolled citizens of the Choctaw Nation; that the applicants herein are descendants of the said Tom Askew; that Tom Askew married and had born to him children, to wit, William Quint Askew, Murrell Washington Askew, Newt Askew, and Mary Askew. It further appears that said Murrell Washington Askew and Newt Askew are applicants herein, and that all the rest of the applicants herein are their descendants.
It also appears that all the applicants herein are bona fide residents of the Chickasaw Nation, Ind. T.; and also that neither they nor their ancestors have received any lands or other property from the Choctaw Nation or the United States; and also that they are of white and Indian blood and are entitled to citizenship in the Choctaw Nation and to be enrolled as citizens thereof, having duly complied with the laws in all respects in the prosecution of their application.
It is therefore ordered, decreed, and adjudged that the following-named parties be and the same are hereby admitted to citizenship in the Choctaw Nation and ordered to be enrolled as citizens and members thereof, to wit: Murrell Washington Askew, Mrs. May Catherine Brewer, Mrs. Martha Etta Turner, John Askew, Newt Askew, William Howard Askew, Mary Ellen Jackson, Taylor Franklin Jackson, Alma Jackson, Charlie Jackson, Roscoe Jackson, Henry Edward Askew, Elizabeth Viola Askew, Dallas Alexander Askew, Roxie Cordelia Askew, Emma Brewer and Elmer Brewer, Mrs. Rebecca Askew, and Mrs. Nancy Melinda Askew.
And it is ordered, decreed, and adjudged that they possess and be permitted to enjoy and exercise all the rights, privileges, and immunities of citizens and members of said Choctaw Nation of Indians.
It further appears that exceptions have been filed to that part of the master’s report relating to George Brewer, Marshall Turner, and Tom Jackson, and it is hereby ordered that this cause stand open as to these three parties, so that said exceptions may be considered hereafter, but in all other respects and with reference to all other parties mentioned In said report said master’s report is confirmed.
Hosea Townsend, Judge.
This is to certify that I am the officer having custody of the records pertaining to the enrollment of the members of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole tribes of Indians and the disposition of the land of said tribes, and that the above and foregoing is a true and correct copy of a Judgment of the court dated December 21, 1897, in the matter of the enrollment of Murrell Washington Askew et al., as members of the Choctaw Nation.
J. Geo. Wright, Commissioner to the Five Civilized Tribes.
By W. H. Angell, Clerk in Charge of Choctaw Records.
Muskogee, Okla., November 1, 1910.
Exhibit E.
Transcript Of Proceedings
United States Court,
Indian Territory, southern district, ss:
At a stated term of the United States court in the Indian Territory, district, begun and had in the court rooms at Ardmore, in the Indian Territory, on the 15th day of November, in the year of our Lord 1897.
Present, the Hon. Hosea Townsend, judge of said court.
On the 22d day of December 1897, being a regular day of said term of said court, among the proceedings had were the following, to wit:
L. F. Rhoades et al. v. Choctaw Nation. Judgment
This day this cause coming on to be heard upon the pleadings, exhibits, proof, and master’s report, and it appearing to the court that said report has been filed since July 1, 1897, and no exceptions having been filed thereto. The court is therefore of the opinion that said report should he in all respects confirmed; and the court being sufficiently advised upon the whole case, doth order, adjudge, and decree that Andrew O. Rhoades, Samuel P. Rhoades, Emmett L. Rhoades, Ella N. Rhoades, Mrs. Roberta Oliver, and Jesse Lee Oliver each and all be admitted and enrolled as members of the Choctaw tribe of Indians, and that they have all the rights, privileges, and immunities as such. And It is further adjudged by the court that a copy of this Judgment be certified by the clerk of this court to the Dawes Commission, and said commission is hereby ordered to place each and all of the above-named parties upon the roll made out by it for the Choctaw Nation, as members thereof.
HOSEA TOWNSEND, Judge.
United States Court,
Indian Territory, southern district, ss:
I, C. M. Campbell, clerk of the United States court within and for the district and Territory aforesaid, do hereby certify, that the foregoing orders are truly taken, and correctly copied from court journals of said court, us the same appears to me.
In testimony whereof, I have hereunto set my hand and affixed the seal of said court at Ardmore this 4th day of May, A. D. 1898.
[seal.] C. M. Campbell, Clerk
This is to certify that 1 am the officer having custody of the records pertaining to the enrollment of the members of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole tribes of Indians and the disposition of the land of said tribes, and that the above and foregoing is a true and correct copy of a certified copy of a judgment of the court dated December 22, 1897, in the matter of the enrollment of L F. Rhoades e: al., as members of the Choctaw Nation.
J. Geo. Wright.
Commissioner to the Fire Civilized Tribes.
By W. II. Angell,
Clerk in Charge of Choctaw Records
Muskogee, Okla., November 1, 1910
Transcript Of Proceedings
United States Court,
Indian Territory, northern district, ss:
At a stated term of the United States court in the Indian Territory, southern district, begun and had in the court rooms at Ardmore. In the Indian Territory, on the 28th day of September, in the year of our Lord 1898.
Present, the Hon. Hosea Townsend, judge of said court.
On the 28th day of September 1898, being a regular day of said term of said court, among the proceedings had were the following, to wit:
L. F. Rhoades et al. v. Choc taw Nation. No. 128. Entered nunc pro tunc December 22, 1898.
Supplemental judgment.
It appearing to the court that the said judgment heretofore entered in this case does not show that L. F. Rhoades was admitted to citizenship, and that judgment was rendered admitting the said L. F. Rhoades as n member of the Choctaw tribe of Indians, but that by oversight or mistake his name was omitted from said original judgment. It is therefore ordered, adjudged, and decreed by the court that the plaintiff, the said L. F. Rhoades, be and is a member by intermarriage of the tribe of Choctaw Indians and is entitled to be enrolled as a member of said tribe of Indians by marriage: and the clerk of this court is hereby ordered and directed to forward a certified copy of this judgment to the proper authorities for the enrollment of said L. F. Rhoades, and that he be enrolled by paid authorities as a member of the said Choctaw tribe of Indians. It is further ordered that this judgment be entered by the clerk nunc pro tunc, as of the date of the original judgment filed herein.
Hosea Townsend, Judge.
United States Court.
Indian Territory, southern district, ss:
I, C. M. Campbell, clerk of the United States court within and for the district and Territory aforesaid, do hereby certify, that the foregoing orders are truly taken, and correctly copied from court journals of said court, as the same appears to me.
In testimony whereof, I have hereunto set my hand and affixed the seal of said court, at Ardmore, this 15th day of October, A. D. 1898.
[seal.] C. M. Campbell, Clerk.
This is to certify that I am the officer having custody of the records pertaining to the enrollment of the members of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole tribes of Indians, and the disposition of the land of said tribes, and that the above and foregoing is a true and correct copy of a certified copy of a supplemental judgment of the court dated September 28, 1898, in the matter of the enrollment of L. F. Rhoades et al., as members of the Choctaw Nation.
J. Geo. Wright, Commissioner to the Fire Civilized Tribes.
By W. H. Angell, Clerk in Charge of Choctaw Records.
Muskogee, Okla., November 1, 1910.
Exhibit F.
Transcript of Proceedings
United States Court.
Indian Territory, southern district, ss:
At a stated term of the United States court in the Indian Territory, ____ district, begun and had In the court rooms at Ardmore, in the Indian Territory, on the 15th day of November, in the year of our Lord 1897.
Present, the Hon. Hosea Townsend, judge of said court.
On the 22d day of December 1897, being a regular day of said term of said court, among the proceedings had were the following, to wit:
J. H. Hill et al. v. Choctaw Nation. Judgment
This day this cause coming on to be hoard upon the pleadings’, exhibits, proof, and master’s report, and it appearing that said report has been filed since July 7, 1897, and no exceptions having been filed thereto, the court is of the opinion that said report should be confirmed in all respects: and the court, being sufficiently advised in the whole case, doth order, adjudge and decree, that the plaintiffs and applicants. J. H. Hill, Emma Hill, Anna B. Stover, Luther Stover, Lula Stover, Herbert Stover, Alie Stover, Olion Stover, Maggie Stover, Lillie Stover, Theodore Stover, each and all be admitted and enrolled as members of the Choctaw tribe of Indians by blood, and that the plaintiffs and applicants. P. O. Stover and Caroline Hill, each and both be enrolled as members of the Choctaw tribe by intermarriage, and that they each and all have all the rights, privileges, and immunities as such. And it is further adjudged by the court that a copy of this judgment be certified by the clerk of this court to the Dawes Commission, and said commission is hereby directed to place each and all of the above-named parties upon the roll made out by it for the Choctaw Nation as members thereof.
HOSEA TOWNSEND, Judge
United States Court.
Indian Territory, southern district, ss:
I, C. M. Campbell, clerk of the United States court within and for the district and Territory aforesaid, do hereby certify that the foregoing orders are truly taken and correctly copied from court journals’ of said court as the same appears to me.
In testimony whereof, I have hereunto set my hand and affixed the seal of said court at Ardmore this 4th day of Slay, A. D. 1S9S.
[Seal.] C. M. Campbell, Clerk.
This is to certify that I am the officer having custody of the records pertaining to the enrollment of the members of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole tribes of Indians, and the disposition of the land of and tribes, and that the above and foregoing is a true and correct copy of a certified copy of a judgment of the court dated December 22, 1897, in the matter of the enrollment of J. H. Hill et al., as members of the Choctaw Nation.
J. Geo. Wright,
Commissioner to the Five Civilized Tribes.
By W. H. Angell,
Clerk in charge of Choctaw Records
Muskogee, Okla., November 1, 1910.
Exhibits G And H.
Transcript Of Proceedings
United States Court,
Indian Territory, southern district, ss:
At a stated term of the United States court in the Indian Territory, ____ district, begun and had in the court rooms at Ardmore, in the Indian Territory, on the 15th day of November, in the year of our Lord 1897.
Present: The Hon. Hosea Townsend, judge of said court.
On the 8th day of March 1898, being a regular day of said term of court among the proceedings had were the following, to wit:
J. M. Hill et al. v. Choctaw Nation. 149. Judgment
This day this cause coming on to be heard upon the pleadings, exhibits, proof, and master’s report filed herein, and it appearing that said report has been filed since February 21, 1898, and no exceptions filed thereto: It is therefore ordered, adjudged, and decreed by the court, that said report be, and the some is hereby, confirmed in all respects. It is further adjudged that the applicants, J. M. Hill, Willie Hill, Sewell Hill, Fannie Simpson, Clyde Simpson, John Simpson, Grady Simpson, Ada Bickham, Cullie Bickham, Laura Miles, Mable Miles, Myrtle Hill, Philip Hill, Swaney Hill, Connie Hill, Jewell Hill, Grover Hill, B. C. Hill, Albert Hill, Leona Hill, Ray Hill, Bertha Hill, and Mada Hill, each and all be admitted as members of the Choctaw Tribe of Indians by blood. And that the applicants, Amanda Hill, wife of J. M. Hill, and Adelia Hill, wife of B. C. Hill, each and both be admitted as members of the Choctaw Tribe of Indians by intermarriage. It is further adjudged that each and all of the above-named parties are entitled to and are hereby given all the rights, privileges, and immunities of members of the Choctaw Tribe of Indians. And the clerk of this court is hereby ordered to transmit a certified copy of this judgment to the proper authorities who are instructed to enroll them as such.
United States Court,
Indian Territory, southern district, ss:
I, C. M. Campbell, clerk of the United States court, within and for the district and Territory aforesaid, do hereby certify that the foregoing orders are truly taken and correctly copied from court journals of said court, as the same appears to me.
In testimony whereof, I have hereunto set my hand and affixed the seal of said court at Ardmore this 4th day of May, A. D. 1898.
[seal.] C. M. Campbell, Clerk.
This is to certify that I am the officer having custody of the records pertaining to the enrollment of the members of the Choctaw, Chiekasaw, Cherokee, Creek, and Seminole tribes of Indians and the disposition of the land of said tribes, and that the above and foregoing is a true and correct copy of a certified copy of a judgment of the court, dated March 8, 1898, in the matter of the enrollment of J. M. Hill et al., as members of the Choctaw Nation.
J. Geo. Wright,
Commissioner to the Five, Civilized Tribes
By W. H. Angell.
Clerk in charge of Choctaw Records
Muskogee, Okla., November 1, 1910
Transcript Of Proceedings
United States Court.
Indian Territory, southern district. ss:
At a stated term of the United States court in the Indian Territory, southern district, begun and had in the court rooms at Ardmore, in the Indian Territory, on the 4th day of December, in the year of our Lord 1899. Present, the Hon. Hosea Townsend, judge of said court.
On the 15th day of January, 1900, being a regular day of said term of court, among the proceedings had were the following, to wit:
J. M. Hill et al. v. Choctaw Nation. 140. Order correcting judgment
On this 15th day of January, 1900, comes on to be heard in open court the motion of defendant, Choctaw Nation, to correct the judgment heretofore rendered in this cause, and the plaintiffs and defendant appear, and the court having heard said motion, and being well and fully advised in the premises, doth find that the names Sewell Hill, Clyde Simpson, John Simpson, Grady Simpson, Mable Miles, Mada Hill, and Albert Hill have been by mistake included in said judgment and admitted to citizenship in the Choctaw Nation. It is therefore, by the court considered, ordered, and adjudged that the names of Sewell Hill, Clyde Simpson, John Simpson, Grady Simpson, Mable Miles, Mada Hill, and Albert Hill be and are hereby stricken from said judgment, and that said persons take no rights to citizenship in the Choctaw Nation, by reason of said judgment, and this order is made and this judgment rendered nunc pro tunc as of the date of the original judgment herein.
United States Court,
Indian Territory, southern district, ss:
I, C. M. Campbell, clerk of the United States court within and for the district and Territory aforesaid, do hereby certify that the foregoing orders are truly taken and correctly copied from court journals of said court, as the same appears to me.
In testimony whereof I have hereunto set my hand and affixed the seal of said court at Ardmore, this 20th day of February, A. D. 1900.
[seal.] C. M. Campbell.
This is to certify that I am the officer having custody of the records pertaining to the enrollment of the members of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole Tribes of Indians, and the disposition of the land of said tribes, and that the above and foregoing is a true and correct copy of a certified copy of a Judgment of the court dated January 15, 1900, In the matter of the enrollment of J. M. Hill et al. as members of the Choctaw Nation.
J. Geo. Wright,
Commissioner to the Five Civilized Tribes
By W. II. Angell.
Cleric in charge of Choctaw records
Muskogee, Okla., November 1, 1910
Exhibit I.
Before Dew M. Wisdom. United States Indian Agent, Union Agency, Ind. T.
Muskogee, Ind. T., February 8, 1895.
H. B. Askew et al. v. Choctaw Nation. Claim to citizenship.
Opinion
In this cause, on October 12, 1880, the petitioners all claim that they are Choctaw Indians by blood, being direct descendants of Aaron Askew, a half- breed Choctaw said petition was rejected by the Choctaw counsel on account of there not being sufficiency of proof to sustain it; and on November 27, 1887, the petitioners appealed from the decision of the Choctaw counsel to this agency.
It appears from the proof in the case that a white man by the name of Askew married a Choctaw Indian woman of the name of Frazier, and that Aaron Askew was the child of said marriage, and that he was a half Choctaw Indian.
Second, it appears that Aaron Askew was the father of Moses Askew and Merrell Askew.
Third, it appears that Moses Askew has no heirs living, and that the claimants are the children of Merrell Askew.
It appears from the evidence of C. H. Frazier, filed in this case, that Bayless Askew (the petitioner) is a relative of said Frazier, who is a Choctaw Indian by blood. It also appears from the evidence of W. T. McDonald and John Best, Choctaw Indians of Helden, Ind. T., that Aaron Askew was the father of Moses Askew and Merrell Askew (the father of B. B. Askew), and that Aaron Askew was a half-breed Choctaw Indian and that Merrell Askew was one-forth Indian blood, and, according to the evidence of Best and McDonald, intermarried with Frazier.
There is also a certificate, filed with the evidence, signed by W. H. Bigham and two other Chickasaw citizens, who state that J. O. Best is a man of unquestioned integrity, pure character, and entirely reliable and trustworthy.
The evidence of R. W. Officer, D. A. Trobaugh and G. W. Carr are all to the effect that Aaron Askew, the grandfather of petitioner. B. B. Askew, claimed to be an Indian, and such was his reputation in Alabama before he came to the Choctaw country. This evidence is not conclusive, but is persuasive and confirms the testimony of Best and McDonald.
I am therefore inclined to the opinion, and so decide, that petitioners have proven their Indian blood and are entitled to citizenship in the Choctaw Nation.
Notice of the trial to be had at this agency was mailed to W. N. Jones, the then chief of the Choctaw Nation, July 8, 1884, and the trial was set for July 19, 1884, but no evidence on the part of the Choctaw Nation was ever submitted to this agency further than certain interrogatories propounded to certain witnesses in the case. It would therefore seem that the Choctaw Nation was very indifferent as to its rights in the matter and that it was willing that the case might go by default.
The petitioners who are adjudicated by this opinion to be entitled to Choctaw citizenship are as follows: Aaron Askew and his wife, Lucy, and their children, Daniel Oscar, Bee, and two other minor children; A. M. Askew and wife, Eliza, and their children. Murray, Lee, Lizzie, and other baby: B. B. Askew and wife, Manie, and their children. Bolden, Shelton, and Stella: Tom Askew and Julius Askew, brothers of petitioner: Belle Hendricks (nee Askew) and her husband, Jasper Hendricks, and their children, Eddie, Zora, Willie, Ida, and husband, James Alexander, and their child, Mattie; Mattie Starritt and husband, George Starritt, and their children. Frank, Dora McKenzie, and her husband, Sam McKenzie.
Respectfully submitted.
Dew M. Wisdom, United States Indian Agent.
