G. J. Humphrey Et Al., Choctaws.
Dawes Commission, No. 1364, Refer to Dawes. No. 61.
Same record as Louis Hill and consolidated with that case in United States court, and both cases consolidated with the Z. T. Bottoms’s case by the citizenship court, the claimants in all three cases being descendants of the same ancestors, to wit, Billy Bottoms, also called Nocatubbee, and Ann Meshulatubbee.
Names of applicants in consolidated case admitted by United States court: Louis Hill, Elizabeth Palmer, Georgia Allen Palmer, Lee H. Palmer, Earl Palmer. J. Wesley Hill. Bertie Bell Hill, Joseph Lewis Blagg, W. B. Hill, G. J. Humphrey, William Walter Humphrey, Culls Monroe Humphrey, and Ellett (or Emmett) Leroy Humphrey.
Names of those not included in the court judgment, but for whom application was made to the commission within the time fixed by law. December 1, 1905: Nettie May Palmer, William L. Hill, Willie O. Humphrey, Parlee Hill, Roy Hill, and Josie Palmer.
Names of newborn, entitled under act of April 26, 1900: Leon Augustus Palmer, Floyd Hurst Palmer, Gladys Humphrey, and Johnson Humphrey.
Statement By Counsel, For Claimants
Counsel for claimants respectfully submit that the following persons are entitled to enrollment:
Those admitted to citizenship by judgment of United States court: William Fletcher Bottoms, William Henry Bottoms, Rose Bell Bottoms, William Elmer Bottoms, Rebecca Morrow, William Fletcher Morrow, Walter Morrow, Letitia Morrow, Jewell Morrow, Beulah Morrow, Minnie Morrow, Winnie Morrow, William Ira Bottoms, Claudie McClellan Bottoms, Bettie Jane Bottoms, Pearl Putnam, Hattie Jane Putnam, Frankie Lee Putnam, Pauline E. Bennett, Zachariah Thomas Bottoms, William Luther Bottoms, Francis Caroline Bottoms, James Zachariah Bottoms, Joseph Smith Bottoms, Bertha May Bottoms, September Bottoms, Ester E. Bottoms, William Alexander Bottoms, Allie A. Bottoms, Bertha Annie Bottoms, Thomas Atwood, Emmett Montgomery, Thomas W. Segroves, Elizabeth Segroves, Charles Webster Segroves, George Franklin Segroves, Doc Thomas Segroves, William Cleveland Segroves, Zachariah Segroves, Paralee Segroves, James B. Segroves, Samuel Montgomery Segroves, Eldredge Kirkland, Jessie Ester Kirkland, Mary Pruda Kirkland, William Walter Kirkland, Sallie Grace Kirkland, Joseph Kirkland, Beulah Kirkland, William Kirkland, Monte Kirkland, Lee Kirkland, Laura Izen Kirkland, Roxie Kirkland, Sallie Kirkland, Ulsley Mainnard, Marcus L. Ivey, James L. Ivey, William J. Ivey, Thomas F. Ivey, Nora E. Ivey, Lewis A. Ivey, Nancy Ann Steppick, Charles Franklin Steppick, Thomas Joseph Steppick, George Washington Steppick, William Oscar Steppick, Bessie L. Steppick, John H. Gregory, Thomas L. Ivey, Elisha W. Ivey, Bertie L. Ivey, Katie Crawford, Nora Lee Crawford, Louis Hill, Elizabeth Palmer, Georgia Allen Palmer, Lee H. Palmer, Earl Palmer, J. Wesley Hill, Bertie Bell Hill, Joseph Lewis Blagg, W. B. Hill, G. J. Humphreys, William Walter Humphrey, Cullis Monroe Humphrey, and Ellett (or Emmett) Leroy Humphrey.
Names of those not included in court judgment but for whom application was made to the commission within the time fixed by law, December 1, 1905: Samuel Bottoms, Thomas B. Bottoms, Lonnie Moore, Gracie Bottoms, Louis Segroves, Bertha May Segroves, Ethel Lillian Segroves, Nettie May Palmer, William L. Hill, Willie O. Humphrey, Parlee Hill, Roy Hill, and Josie Palmer.
Names of new born properly filed with the commission within the time prescribed by law: Eck E. Ivey, Hattie Ann Ivey, Ula Vircia Ivey, Katie Segroves, Charles Walter Morrow, Willis Edmond Segroves, Euthen Ray Segroves, Thomas Virgil Bottoms, Mary Naomi Bottoms, Beatrice Bottoms, Mattie Opal Bottoms, William Henry Riddle, Earnest J. Segroves, Floyd Hurst Humphrey, Gladys Humphrey, and Leon Augustus Palmer.
Respectfully submitted.
J. E. HUMPHRET.
and Ballinger & Lee.
In the United States Court for Southern District of Indian Territory, at Ardmore.
Z. T. Bottoms et al., plaintiffs, v. Choctaw Nation, defendant.
Judgment.
This day this cause coming on to ho heard upon the pleadings, exhibits, proof, master’s report, and the exceptions “filed thereto by the plaintiff, and it appearing that said report has been filed since June 23, 1897, and no exceptions have been filed thereto by the Choctaw Nation:
It is therefore ordered and adjudged by the court that said report be confirmed, in so far as no exceptions have been filed thereto, and that the exceptions filed to said report by the plaintiffs be and the same are hereby, unstained, and the court being sufficiently advised upon the whole case doth adjudge, order, and decree that William Fletcher Bottoms, William Henry Bottoms, Rosa Belle Bottoms, William Elmer Bottoms, Rebecca Morrow, William Fletcher Morrow, Walter Morrow, Letitia Morrow, Jewell Morrow, Beulah Morrow, Minnie Morrow, Winnie Morrow, William Ira Bottoms, Claudie McClellan Bottoms, Bettie Jane Bottoms, Pearl Putnam, Hattie Jane Putnam, Frankie Lee Putnam, Pauline E. Bennett, Zachariah Thomas Bottoms, William Luther Bottoms, Francis Caroline Bottoms, James Zachariah Bottoms, Joseph Smith Bottoms, Bertha May Bottoms, Septemer Bottoms, Ester E. Bottoms, William Alexander Bottoms, Allia A. Bottoms, Bertha Annie Bottoms, Thomas Atwood, Emmett Montgomery, Thomas W. Segroves, Elizabeth Segroves, Charles Webster Segroves, George Franklin Segroves, Doc Thomas Segroves, William Cleveland Segroves, 7aeharlah Segroves, Paralee Segroves, James B. Segroves, Samuel Montgomery Segroves, Eldredge Kirkland, Jessie Easter Kirkland, Mary Pruda Kirkland, William Walter Kirkland, Sallie Oracle Kirkland, Joseph Kirkland, Beulah Kirkland, William Kirkland, Monte Kirkland, Lee Kirkland, Laura Inez Kirkland, Roxie Kirkland, Sallie Kirkland, Usley Mainnard, Marcus L. Ivey, James L. Ivey, William J. Ivey, Thomas F. Ivey, Nora R. Ivey, Lewis A. Ivey, Nancy Ann Steppick, Charles Franklin Steppick, Thomas Joseph Steppick, George Washington Steppick, William Oscar Steppick, Bessie L. Steppick, John H. Gregory, Thomas L. Ivey, Elisha W. Ivey, Bertie L. Ivey, Katie Crawford, Nora Lee Crawford, 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.
It is further ordered by the court that a copy of this judgment he certified by the clerk of this court to the Commission for the Five Civilized Tribes of Indians, and said commission Is hereby ordered and directed to place each and all of the above-named parties on the roll made out by it for the Choctaw Nation as members thereof.
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 copy of a judgment of the court filed December 22, 1897, in the matter of the enrollment of Z. T. Bottoms 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
Copy Of Order Of Court
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 18th day of January A. D. 1898.
Present: The Hon. William H. H. Clayton, Judge of said court.
The following order was made and entered of record, to wit:
Louis Hill et al. v. Choctaw Nation. No. 54. Judgment.
On this 19th day of January, A. D. 1898, comes the claimants herein by their attorney and file their motion to reform the judgment heretofore entered in this cause and for a nunc pro tune entry herein.
The court being well and sufficiently advised in the premises doth find that by a clerical error the names of Minnie Humphrey, William Fayette Hill, and Sarah Jane Blogg were erroneously entered in said judgment, and that they were not parties to this suit, and that the court had no jurisdiction of their persons.
Therefore it is ordered by the court that said judgment heretofore entered be reformed by striking out the names of the said Minnie Humphrey, William Fayette Hill, and Sarah Jane Blogg, which occur therein by clerical error, and that said judgment be entered now for the 26th day of August, 1897 and that it read as follows, to wit:
Judgment
On this day this cause came on to be heard, whereupon the plaintiffs and defendant announced ready for trial, and the court having heard the evidence and argument of counsel, finds the issues in favor of the plaintiffs herein, and finds that the plaintiffs. Louis Hill, Elizabeth Palmer, Georgia Allen Palmer, Lee H, Palmer, Earl Palmer, J. Wesley Hill, Bertie Bell Hill, Joseph Lewis Blogg, W. B. Hill, G. J. Humphrey, William Walter Humphrey, Cullus Monroe Humphrey, and Ellett Leroy Humphrey are members by blood of the Choctaw Nation and that all of said plaintiffs are entitled to be placed upon the rolls of the members of the Choctaw Nation as such members, and entitled to nil the rights, privileges, and immunities and benefits as such members.
It is therefore ordered, adjudged, and decreed that the said plaintiffs above named are members by blood of the Choctaw Nation, and that the defendant Choctaw Nation recognize the said plaintiffs as such members in all respects, and that the Commission to the Five Civilized Tribes place the names of these plaintiffs upon the rolls as members of the Choctaw Nation as herein adjudged, and that the clerk of this court furnish to said commission a certified copy of the judgment and that the plaintiffs have and recover of and from the defendant all their costs herein laid out and expended, for all of which let execution issue.
United States Of America.
Indian Territory. – District, ss:
I, E. J. Fannin, clerk of the District Court of the United States for the Central District of the Indian Territory, do hereby certify the foregoing to be a true copy of an order made by said court on the 18th day of January 1898, as appears from the records of said court now on file in my office.
In testimony whereof I have hereunto set my hand, at my office in South McAlester, in said district, this 17th day of March, A. D. 1903.
[seal.] E. J. Fannin. Clerk
By I. M. Dodge, Deputy.
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 19, 1898 in the matter of the enrollment of Louis Hill 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.
Department Of The Interior, Muskogee, Okla.
November 28, 1910.
In the matter of the enrollment of Z. T. Bottoms et al, as citizens of the Choctaw Nation. (See Choctaw card 5024.)
Proceedings had at Ardmore, Okla. November 10, 1910. before W. C. Pollock, assistant attorney, Interior Department.
Appearances: Albert .T. Lee attorney for claimants; E. P. Hill, attorney for Choctaw Nation: A. W. Clapp, attorney for Chickasaw Nation.
William Benjamin Hill, being duly sworn and examined as a witness, testified as follows:
By Mr. Lee:
Q. State your name please?-
A. William Benjamin Hill.
Q. Where do you live Mr. Hill?-
A. Well, sir. I have stayed at Tishomingo and at Durant: I haven’t not no certain home: haven’t got no permanent home right now.
Q. What is your present occupation?-
A. I lecture and preach.
Q. What relation are yon to Louis Hill?-
A. I am a brother.
Q. What relation are you to A. T. Bottoms?-
A. He is a cousin of mine.
Q. Where were yon in 1896. Mr. Hill?-
A. In 1896 I was In the penitentiary at Huntsville. Tex.
Q. How long had you been there?-
A. Twenty years to a day from the time I went In there until I got out.
Q. When did you get out?-
A. On the 23d day of December 1907; I got my pardon here to show that.
Mr. Lee. We would like to have reference made to the pardon of the governor to show the date he got out of the pen.
Pardon is here exhibited to Messrs. Pollock, Clapp and Hill.
We desire the record to show that Mr. Hill presented a pardon signed by Gov. Campbell, of Texas, dated December 23, 1907, pardoning this applicant from the term for life in the pen for murder.
Q. Where were yon tried?-
A. Gainesville.
Q. Where were the offenses committed?-
A. In Cook County, Tex.
Q. Where were you living at that time?-
A. Cook County, Tex.
Q. Did yon ever live in the Choctaw Nation?-
A. I lived in the Chickasaw two years: I think it was Chickasaw, the line was so close; I think it was Chickasaw.
Q. Was that shortly before you were in prison?-
A. Yes. sir; 1878 and 1879.
Q. How far did you live from Louis Hill?-
A. When i first went there he was living in Cherokee County, Tex., but he moved up there in the winter of 1878 and lived there in 1879, from that on, but I went back to Cook County.
Q. He was living in the Choctaw Nation at that time?-
A. Yes sir.
Q. What degree of Choctaw blood have you, Mr. Hill?-
A. Well, I inn a little over one-quarter.
Q. You claim that you are descended from Billie Bottoms?-
A. Yes, sir; he was my grandfather.
Q. Where did he live, do you know?-
A. When he died he was living in Cherokee County, Tex.
By Mr. Clapp:
Q. You say you lived In the Choctaw Nation in 1878 and 1879?-
A. Yes sir; In the Chickasaw Nation: the line was right close; close to Colbert,
Q. Then you went back to Cook County, and yon were sent up from Cook County in 1887?-
A. Yes sir.
Q. What was your father’s name?-
A. Ben Hill.
Witness excused.
William Anderson Farmer, being duly sworn and examined as a witness, testified as follows:
By Mr. Lee:
Q. Tell your name to this gentleman.-
A. William Anderson Farmer.
Q. Where do you live Mr. Farmer?-
A. Now I am camped at Melissa, in Collin County, Tex.
Q. How long have you been down there?-
A. Been there about six weeks.
Q. What were you doing in Texas?-
A. Traveling with my wife for her health.
Q. Is she here?-
A. Yes, sir.
Q. Where were you living in 1896?-
A. West of Wynnewood. in the Chickasaw Nation.
Q. Is your wife related or not to the Hills and Bottoms’;-
A. Yes sir.
Q. What relation is she to Z. T. Bottoms?-
A. Well, Mr. Louis Hill and Billie Bottoms are her uncles.
Q. What relation is she to Z. T. Bottoms?-
A. Cousin to Tom Bottoms.
Q. Why did you not make application in 1896, at the time Louis Hill made application?-
A. My wife had lost her mind and I couldn’t get away from there, and I couldn’t get to go to the Dawes Commission.
Q. You had to be with her nil the time, did you? Her condition was such that you couldn’t leave her?-
A. Yes, sir: all the time.
Q. When did you leave that part of the country?-
A. I-you mean west of Wynnewood ?
Q. Yes.-
A. I left there in-I reckon must have been the fall of 1900.
Q. How long was your wife in that condition?-
A. Right at three years.
Q. Where did you take her from there?-
A. To Mineral Wells, and from there to Faber Junction and back to Wapanucka, Okla: only out with her about nine months that time.
By Mr. Clapp:
Q. You were living west of Wynnewood in 1898?-
A. 1896 and 1898.
Q. Lived there until when-1900?-
A. Yes. sir.
By Mr. Hill :
Q. Have you any children?-
A. Yes, sir.
Q. How old are they?-
A. My oldest child is-she was born in 1881; and I have a boy, then, that’s 23, and one that’s 22, and one that’s 24; I have one that’s 15: have a girl that’s 19.
Q. Were they living with you at the time you lived west of Wynnewood?-A. Yes, sir.
Q. In the same house with you?-
A. Yes, sir.
Q. How far were you from the railroad?-
A. Twelve miles west of Wynnewood, 3 miles east of Elmore, and 3 miles west of Brady.
Q. During the time, the three years that you say your wife was afflicted, these children lived with you there?-
A. Yes sir.
Q. Did you ever write to the members of the Dawes Commission about your claim to citizenship?-
A. No sir: I don’t know as I ever wrote to them at all: I can’t write myself.
Q. Did any members of your family write to them during that time?-
A. No sir; my family was small then, all but a girl, and she’s hard of hearing; she’s afflicted herself.
Q. You didn’t communicate with the Dawes Commission in any way?-
A. No, sir; not at that time I didn’t.
Q. Did you with any of the tribal officials of the Choctaw and Chickasaw Tribes?-
A. No sir.
Q. Did you ever vote at any of the Indian elections?-
A. No, sir: I have never voted at the Indian elections.
Q. Did you ever try to vote?-
A. No, sir: never tried to vote.
Q. Ever held any lands as an Indian?-
A. Yes sir.
Q. How much rent did yon pay for it?-
A. How much rent? I didn’t pay any rent; I was recognized there as a Choctaw Indian: I taken up this land.
Q. Whereabouts?-
A. Twelve miles west of Wynnewood and 3 miles east of Elmore. I bought it from Bud Watkin and it was Edna Sheldon’s land and Bud married her.
Q. Then you hold a claim tinder a Choctaw-Chickasaw citizen?-
A. Yes, sir.
Q. Buy the Improvements on it?-
A. Yes sir.
Q. Well, during the time that you were traveling around over the country with your wife, or after she improved, why didn’t you make some application to the Dawes Commission?-
A. Well, the Dawes Commission I don’t suppose was here at the time that my wife was improved so I could take her.
Q. You knew they were at Muskogee all the time, didn’t you?-
A. No sir: I didn’t know that.
Q. When did you first decide to submit your claim?-
A. When did I?
Q. When?-
A. Well. I don’t know when I first decided to make this claim. I have been decided all the time, but I couldn’t get before that Dawes Commission with my wife.
Q. Who told you you had any right?-
A. Well, I have been taught that ever since I have been in the Choctaw and Chickasaw Nation, that my wife was a native of the Choctaw Nation.
Q. Got any contracts with any lawyers?-
A. No, sir; I haven’t got any contract with any lawyers.
Q. Has your wife got any?
Mr. Lee. We submit that that’s immaterial, Mr. Hill.
A. My wife never made any contract with any lawyer. Momen Pruitt came to the house, but my wife wasn’t able to make a contract with him, and the contract was made with other parties there.
By Mr. Lee:
Q When was this Momen Pruitt came out?-
A. That was 1897 wasn’t it? I don’t know just what year it was.
Q. Is your wife still subject to mental derangement?-
A. Yes, sir.
Q. How often does that occur?-
A. Every two or three weeks, and then maybe for three or four months: just now able to get about again.
Q. You spoke of a number of children. Give their names, please, in the order of their age.-
A. Lizzie Jane.
Q. Is she married or single?-
A. Single.
Q. How old is she?-
A. She was born in 1883, I believe, or 1882.
Q. What is the next one?-
A. William Edward.
Q. Go ahead with them. What is the age of that one?-
A. The first one?
Q. No; the one you just mentioned?-
A. He was born in 1886.
Q. All right. The name of the next one.-
A. Lafayette Campton.
Q. How old?-
A. He was born in 1888.
Q. Any more?-
A. Yes, sir; I have another one.
Q. Name that one please.-
A. Archie Leroy.
Q. How old?-
A. He is 16 years old the 15th of this month.
Q. Have you any more?-
A. Katie that’s a girl, she’s 18 she’s married.
Q. What is her name now?-
A. M. V. Wright.
Q. Married M. V. Wright?-
A. Yes, sir.
Q. How long has she been married?-
A. Three years.
Q. Has she any. children?-
A. One.
Q. What’s its name?-
A. I don’t know.
Q. Now. Mr. Farmer, were any of these children old enough to be left In the care of your wife In 1896?-
A. No, sir; they wasn’t, in the shape my wife was in.
Q. Was she confined to her bed?-
A. She was down on the bed and helpless.
Q. Was she at times in such condition as to require you to hold her?-
A. Yes; sometimes two men couldn’t hold her; had to tie her feet and hands.
Q. Did you have any talk with Louis Hill about this case at the time he made his application?-
A. Never seen him then.
Q. How far was he from you?-
A. He was at Colbert, and I was west of Wynnewood.
Q. Did you come in contact with Z. T. Bottoms at that time?-
A. No, sir.
Q. How far were you from him at that time?-
A. About 35 miles, but I didn’t know at that time that Bottoms was there.
Q. Did you at any time ever try to go before the Dawes Commission or elsewhere?-
A. I did one time at Durant.
Q. Do you remember what year that was?-
A. I don’t know whether it was the commission or that doubtful court. No, I don’t remember what year that was.
Q. Were you
A. It must be in 1898, wasn’t it. when they were there?
Q. You now think it was in 1898?-
A. Well, It was when they was down at Durant, the only time they was there.
Q. Do you remember what was told you at that time?-
A. Never told me nothing; that’s what they told me-said to step aside.
By Mr. Ciapp:
Q. What money did your family ever draw from the Choctaw Nation? Did they draw any?-
A. No sir.
Q. You don’t claim any of them were ever on the rolls?-
A. Well, my family wasn’t on the rolls, but Hills claim they are on the roll. My family was in such condition I couldn’t get there with them.
By Mr. Hill:
Q. I didn’t understand about that court that you went before at Durant. You say you went before the court?-
A. I went there to get before the court, but I never went before it.
Q. How long were you there?-
A. Two days and nights.
Q. Was your family there with you at that time?-
A. Yes sir; I had my wife there.
Q. She was able to travel about then?-
A. Yes, sir.
Q. Did she go before the court?-
A. Well, I think she went in there. I don’t know whether she went before it or not. I think she was in there.
Q. Did you go to Durant on purpose to go before the court?-
A. My business when I went out-I started out with my wife for her health, and we heard of the court there and landed down there.
Q. And stayed there two days?-
A. Yea, sir.
Q. Did you make any effort to get before the court?-
A. I seen around there and talked to the Hills about it at that time. The Dawes Commission was there, but I don’t remember anything that was said to me before it.
Q. You never talked to any of the members of the Dawes Commission there?-
A. No, sir.
Q. Nor anybody representing them?-
A. Well. I talked to J. G. Rails-no, he wasn’t representing the commission.
Q. He represented the citizenship claimants: but did you talk to anybody connected with the commission there about going before them?-
A. No, sir I never.
Q. Where were you married?-
A. I was married in Hunt County, 12 miles south of Greenville, Tex.
Q. When?-
A. In 1881 or 1880.
Q. When did you come to the Indian Territory?-
A. I came here in 1886 or 1887. I don’t remember just which it was. I have been here about 24 years.
Witness excused.
Susanna Jane Farmer, being duly sworn and examined as a witness, testified as follows:
By Mr. Lee:
Q. Give your full name, please.
A. Susanna Jane Farmer.
Q. Are you related to Mr. Hill that was just on the stand a moment ago?- A. Yes, sir.
Q. What relation are you to him?-
A. He’s my uncle.
Q. What relation are you to Louis Hill?-
A. He was my uncle.
Q. What relation are you to Z. T. Tom, Bottoms?-
A. Cousin.
Q. Do you know anything about who your parents and grandparents were on both sides? Can you give me any information about that?-
A. Well, my grandmother was a Hill.
Q. What was her name?-
A. Piety Hill.
Q. Do you know who Piety Hill’s parents were?-
A. Bottoms.
Q. Who was her father?-
A. Billie Bottoms.
Q. Now can you give the names of your children?-
A. Yes, sir.
Q. Kindly state them, please, the mimes and ages, as you give them.-
A. Lizzie Jane Farmer.
Q. How old is she?-
A. She will be 28 the 9th of this month-of December.
Q. What is the next one?-
A. William Edward Farmer.
Q. How old is he?
A. He will be 24 years old in next October.
Q. Next one.
A. Lafayette Campton.
Q. How do you spell that?-
A. We call him Camp; I don’t know how you spell it.
Q. How old is he?-
A. Twenty-two.
Q. What Is the next one?-
A. Katie.
Q. Katie Farmer?-
A. Katie Claytte Farmer.
Q. How old is she?-
A. Nineteen the 25th of July next.
Q. Any more?-
A. Archie Leroy.
Q. How old’ is he?-
A. He will be 16 the 13th of March.
Q. Any more?-
A. No. sir; that’s all.
Q. Are these children all living with you now?-
A. Yes. sir.
Q. Do you remember when you were at Durant with your husband at the time he spoke of a moment ago?-
A. Yes, sir; I remember being there.
Q. Did you go before any of the Government officers at that time? –
A. I went in there where the Dawes Commission was.
Q. Did you have anything to say to any of the members of the Dawes Commission? –
A. No, sir: nothing, only he asked me if I was Indian by blood, and I told him I was, and he read a little piece and said step aside.
Q. Who did that?-
A. I don’t know.
Q. Was he one of the commissioners? –
A. Yes, sir; I reckon so.
Here counsel for claimants requests that a search be made for such an application.
By Mr. Clapp:
Q. What was your mother’s name? –
A. Nancy Jane Hill.
Q. What was your father’s name? –
A. J. M. Reagan.
Q. What sort of a looking man was this that told you to step aside at Durant?-
A. Great, big, fleshy looking fellow.
Q. How did you know that was the Dawes Commission? –
A. I don’t know: only they were in there for that business, I reckon; registering or whatever they call it.
Q. What year was that? –
A. I declare I don’t know now.
Q. Did they ask you if you claimed to be on any tribal rolls?-
A. Yes, sir: I told them I had been taught from an infant that I was Indian.
Q. You told them that you knew you were not on the tribal rolls, didn’t you?-
A. Yes, sir.
Q. Did they ask if you drew any money? –
A. They only asked me mighty few questions.
Q. Asked you if you had ever been admitted to citizenship? –
A. No, sir.
Q. How much Choctaw blood do you claim? –
A. Well, I don’t know exactly.
Q. All you told the people that you appeared before there at Durant was that you had been taught you had Choctaw blood? –
A. Yes, sir.
By Mr. Hill:
Q. Mrs. Farmer, you are the wife of the man who was just on the stand? – A Yes sir.
Q. Your mother, you said, was a Hill? –
A. Yes, sir.
Q. Your father was a Reagan? –
A. Yes, sir.
Q. Where were they married? –
A. Well, I couldn’t tell you that.
Q. Well, where did they live?-
A. Well, they lived there In Hunt County, Tex.
Q. Do you know how long they had lived In Hunt County, Tex? –
A. No, sir: I don’t.
Q. Were you born in Hunt County, Tex.? –
A. Yes sir.
Q. How old are you now? –
A. Well, I am 54 years old, I reckon; I was born
Q. You were born at the old homestead there in Hunt County? –
A. I was born there in Hunt County close around the home I reckon.
Q. Well did you ever hear your parents say how long they had lived in that country? –
A. No. sir.
Q. Have you no idea about how long they lived in that country?-
A. No. I don’t at present.
Q. Well, were you the oldest child?-
A. Yes, sir; I am the oldest child.
Q. What business were they engaged in there? –
A. My father was a farmer.
Q. What State did your father come from to Texas?-
A. I don’t know what State my father came from.
Q. Was he born in Texas himself? –
A. I couldn’t tell you.
Q. Do you know whether your mother was born in Texas or not? –
A. No, sir.
Q. What relation was your mother to William Hill, who was on the witness stand just now? –
A. Brother and sister.
Q. You remember when you lived up here west of Wynnewood? –
A. Yea, sir.
Q. How long did you live there?-
A. I don’t, know; seemed like a long time.
Q. Did you have any relatives living close to you up there? –
A. My sister.
Q. Your sister? –
A. Yes, sir.
Q. She lived up there with you?-
A. Close to me.
Q. How far from you?-
A. Well, I reckon she lived about a quarter.
Q. On the same place? –
A. Yes sir.
Q. Was she married at that time?-
A. Yes sir.
Q. Her husband living there with her?-
A. Yes, sir.
Q. How lung did they live there? –
A. About as long as we have. I reckon.
Q. They were there when you were there sick?-
A. Yes, sir; they was there when I was sick.
Q. Did you go to town any, did you visit Wynnewood any during the time you lived there?-
A. I think I was there one time.
Q. Were your father and mother ever in Indian Territory? Were they ever in this country?-
A. Why, I don’t know.
Q. They are dead now?-
A. Yes, sir.
By Mr. Clapp:
Q. All these children you have named, are they all alive?-
A. Yes, sir.
Q. You have never been declared an incompetent or insane, have you?-
A. No, sir; I reckon not; I don’t know.
Q. When you appeared before that court or commission in Durant you were in your right mind?-
A. Yes, sir.
Q. And have been ever since, haven’t you?-
A. No, sir: I haven’t.
Q. Have there been intervals when you haven’t?-
A. I don’t know what you might call it; I just get that way gradually.
Q. You are in your right mind now?-
A. Yes I reckon so.
Q. Well, have you been this way all the time?-
A. No sir; about eight years ago. I reckon, or ten.
Q. About eight years ago?-
A: Eight or ten, I don’t know just how long.
Witness excused.
Rebecca Ellen Powell, being duly sworn and examined as a witness, testified as follows:
By Mr. Lee:
Q. State your full name, please.-
A. Rebecca Ellen Powell.
Q. Where do you live, Mrs. Powell?-
A. I live at Wapanucka.
Q. How long have you been living there?-
A. I don’t know exactly; I have been there a good while: right around Wapa for the last 10 years.
Q. You are married, are you?-
A. Yes. sir.
Q. What is your husband’s name?-
A. W. H. Powell.
Q. Where were you living in 1896. Mrs. Powell?-
A. Well, I couldn’t tell you that; I can’t keep up with the years.
Q. Are you a sister of Mrs. Farmer, that was just on the stand?-
A. Yes sir.
Q. Did you attempt to make any application in 1896 for enrollment before the Dawes Commission?-
A. No, sir.
Q. Did you at any time after that?-
A. No, sir; I don’t know as I have.
Q. Are you a full sister of Mrs. Farmer?-
A. Yes, sir.
Q. Same father and same mother?-
A. Yes, sir.
Q. Have you any children?-
A. Yes, sir: I have got five children.
Q. What are their names, please?-
A. Well, the oldest one is named Cordie.
Q. Is that a boy or girl?-
A. Girl.
Q. How old is she?-
A. She’s 23.
Q. Is she married?-
A. Yes, sir.
Q. What is her married name?-
A. Adraholtz.
Q. Do you know how to spell it?-
A. No, sir: I can’t spell.
Q. Has this girl any children ?-
A. She’s got one baby.
Q. How old is it?-
A. Be 2 years old in February.
Q. Now. what is your next child?-
A. Next one is 20 years old.
Q. What is its name?-
A. Nora Catherine Gentry now-she’s married.
Q. How long has she been married?-
A. She’s been married four years.
Q. Has she any children?-
A. She’s got two.
Q. How old is the oldest?-
A. Little girl nearly 3 years old, and then a baby.
Q. What is its name?-
A. Archie is the youngest and Gracie is the oldest.
Q. Now what is your next child’s name?-
A. William is the next oldest.
Q. William Powell?-
A. Yes. sir.
Q. How old is he?-
A. He will be 19 years old the 20th of January.
Q. Is he married?-
A. No. sir.
Q. Living with you?-
A. Yes, sir.
Q. What is the name of the next one?-
A. Lucinda, 17 years old.
Q. Is she single?-
A. Yes, sir.
Q. Does she live with you?-
A. Yes, sir.
Q. Now, there’s one more, isn’t there?-
A. A girl.
Q. What is her name?-
A. Bessie, 13 years old.
By Mr. Clapp :
Q. What is your mother’s name?-
A. My mother she’s named Jane Reagan.
Q. And your father’s name?-
A. James Reagan.
Q. You consider that you are entitled to citizenship in the Choctaw Nation?-
A. Yes, sir; I think I am entitled to It.
Q. Have you always thought that:-
A. Yes sir; because I have been taught from my mother I was Indian.
Q. Yon know Louis Hill, don’t you?-
A. Yes, sir; he’s he’s uncle.
Q. How does he come to be your uncle?-
A. He is my mother’s brother.
Q. You knew that he had been denied admission to citizenship by the Choctaw Nation, didn’t you?-
A. I don’t know.
Q. Didn’t you ever hear that?-
A. I don’t know anything about it.
Q. You don’t know anything about that?-
A. No sir.
Q. You never drew any moneys from the Choctaw Nation?-
A. No, sir; I never drew any.
Q. Don’t claim to have been on any tribal roll?–
A. No sir.
Witness excused.
William Harvey Powell, being duly sworn and1 examined as a witness, testified as follows:
By Mr. Lee:
Q. State your full name, please.-
A. William Harvey Powell.
Q. Are yon the husband of the lady that was just on the stand?-
A. Yes sir.
Q. When were you married to her?-
A. Married in 1880.
Q. Where?-
A. Twelve miles south of Greenville, in Hunt County, Tex.
Q. How long have you lived in the Choctaw and Chickasaw Nations?-
A. Ever since 1887.
Q. Where were you in 1896?-
A. Near Elmore.
Q. Did you make any attempt, personally or through others, to have application made for your wife at that time?-
A. Yes sir; we wrote to John Humphrey-.T. G. Humphrey.
Q. What did you say in that letter?-
A. We wrote to have Uncle Louis Hill to have our names put in the application.
Q. Did Mr. Humphrey reply to that letter?-
A. Well. I don’t remember whether he did or not.
Q. Can you say why you didn’t take your wife before the commission?-
A. Well, we had to be there with Mrs. Farmer.
Q. Were you aiding in taking care of her at that time?-
A. Yes, sir; we helped to take care of her when she was crazy.
Q. Did you ever make any other effort to get before the Dawes Commission?-
A. Yes, sir: we went before the Dawes Commission at Atoka in 1899.
Q. What did yon do there In the way of trying to make application?-
A. We just went before the commission and claimed our citizenship.
Q. Well, what did the commission say to you?-
A. They asked me a few questions and wrote it down and then told me to step aside.
Q. Was your wife with you at that time?-
A. Yes, sir.
Q. Was Mr. Farmer there at that time?-
A. Yes: he was along with us, but he never went before them.
Q. Do you know anything about your wife’s parentage?-
A. I knew her father and mother.
Q. Who were they?-
A. Her mother was Jane Reagan, and her father was Jim Reagan.
Q. Well, do you know who the grandparents were?-
A. No, sir; I never knew them.
Q. Did you ever make any attempt to be recognized or enrolled by the tribal officials at any time?-
A. No, sir.
Q. Do you remember when Louis Hill went before the council of the Choctaw Nation?-
A. Well, he was there. I think, in 1887.
Q. 1887.-
A. I think it was.
Q. Did you make any effort then?-
A. I asked him to attend to my case then.
Q Well, did he say he would?-
A. He said he would, and that was the last of it.
By Mr. Clapp :
Q. You know that the Choctaw tribunal rejected Louis Hill, don’t you?-
A. Well, I don’t know what you call it. This citizenship court knocked him out.
Q. Well, back in 1887 or 1888 the Choctaw officials knocked him out didn’t they?-
A. I suppose they did.
Q. You never considered that your wife was a recognized citizen after that, did yon?-
A. I don’t know as I paid much attention to it, but other Indians, citizens of the Territory, said she was entitled to it.
Q. That’s what you went on?-
A. Yes, sir.
Q. You say you went to Atoka before the Dawes Commission?-
A. Yes sir.
Q. Who were the members that were there of the commission’:-
A. I couldn’t tell you the names; Bixby. I think, was one; the only one I remember.
Q. What sort of a looking man was he?-
A. I couldn’t describe the man.
Q. Anything about him that you can remember?-
A. Only that a large man that asked questions; I don’t know whether it was Bixby or not.
Q. They asked you if you or your family was on the tribal rolls, didn’t they?-
A. They asked me if I was a citizen; I told them no, but I claimed it through my wife, for her and the children.
Q. Did they ask you if she had any tribal recognition?-
A. No, sir.
Q. Was she there?-
A. Yes, sir.
Q. Did they ask her any questions?-
A. I couldn’t tell you what they asked her.
Q. Couldn’t tell me?-
A. No. sir; they questioned me and put me out and then she went In.
Q. Did they ask you whether she had ever applied to the tribal authorities for admission?-
A. No; never asked that question.
Q. Where do you live now?-
A. Wapanucka, Johnson County.
Q. That’s your post-office address?-
A. Yes, sir.
Q. Live right in town?-
A. No; a mile north of town.
By Mr. Hill :
Q. When did you come to the Indian Territory?-
A. First came in 1887.
Q. How did you happen to move up here?-
A. Well. I came up here because my wife had some people up here and I wanted to see the country.
Q. What people did she have up here?-
A. Uncle; and then she had a lot of cousins.
Q. How long had they been up here?-
A. Well. I couldn’t tell you how long.
Q. When did you say you were married?-
A. In 1880, the 11th day of July.
Q. Were your wife’s people living up here when you were married?-
A. No, sir; in Texas.
Q. In Texas?-
A. That is, her cousins and uncles were in the Territory.
Q. Was it her people that told her after she moved up here that she was an Indian?-
A. Well, I couldn’t tell you about that.
Q. Don’t remember who told her that she was an Indian?-
A. No, sir; I don’t know how she ever found that out.
Q. You never voted in any of the Indian elections?-
A. No sir.
Q. Your wife never drew any payments?-
A. No sir.
Q. You never reported to any of the Indian officials that your wife was an Indian?-
A. No sir.
Q. You never sought any sort of recognition as an intermarried citizen from the Indian officials?-
A. No sir.
Q. Your wife never sought any recognition as an Indian from the tribal officials?-
A. Not that I know of.
Q. You lived in this country a long number of years?-
A. Yes; a good many years.
Q. Who did you rent land from when you first came up here?-
A. I never rented any; worked for day’s labor.
Q. Have you ever rented any lands since you came here?-
A. I rented from a man by the name of-let’s see-I will tell you directly-Carrolton, and rented some from Joe
Q. Well, the land you rented was In both Choctaw and Chickasaw Nations?-
A. Yes sir; first in the Chiekasaw.
Q. You lived about from different places?-
A. Yes, sir.
Q. As a tenant?-
A. Yes, sir.
By Mr. Clapp:
Q. Who was this Mr. Humphrey that you wrote to? Was he a relative of yours?-
A. Cousin to my wife.
Q. Did he make application in 1896?-
A. I suppose so.
Witness excused.
George J. Humphrey, being duly sworn and examined as a witness, testified as follows:
By Mr. Lee:
Q. Give your full name.-
A. George J. Humphrey.
Q. Where do you reside?-
A. At Ardmore.
Q. Are you an applicant in what is known as the Bottoms-Hill case?-
A. Yes, sir.
Q. What relation are you to Louis Hill?-
A. Nephew.
Q. What relation are you to Z. T. Bottoms?-
A. Second cousin.
Q. What relation are you to Mrs. Powell, who was on the stand a moment ago?-
A. Own cousin.
Q. First cousin?-
A. Yes. sir.
Q. Do you know anything about attempts of Mrs. Powell to make application in 1896?-
A. Yes. sir.
Q. Just state that please.-
A. Well. I wrote them a letter that uncle Louis Hill and myself-I made application myself, you understand, before the Dawes Commission, and I found out that my name wasn’t in with uncle Louis’s family before the council and you understand. I made application before the commission and referred them to his evidence: and I wrote Billie Powell a letter to come down there and we would put in the Rengan children, and he wrote me a letter stating that Farmer’s wife was crazy and he couldn’t leave, and wanted me to attend to it and to ask uncle Louis Hill to attend to it and sent their names down there, and so I went to Colbert Station and seen uncle Louis Hill, and he came to Coalgate with me. I was living at Coalgate then, and he agreed to do it and put in their names.
Q. Did you understand that he had done so?-
A. I thought all their mimes were put in the application until later on.
By Mr. Clapp:
Q. How much later?-
A. I don’t know. After it was rejected by the commission we went to take an appeal: that’s when I found out different. After it was rejected by the commission we appealed to the United States District Court at McAlester and, of course, in the appeal, why, of course, the names that was there was the only names we could appeal for and I wrote Powell a letter and told him he had better get busy and do it-their relatives-that it was left out.
Witness excused.
Susanna Jane Farmer, recalled testified as follows:
By Mr. Lee:
Q. Mrs. Farmer, have you any brothers or sisters living near where you are now?-
A. Yes sir: two brothers. .
Q. What are their names, please?-
A. Jim and John Reagan.
Q. Full brothers to you?-
A. Yes, sir.
Q. Are they in any citizenship case that you know of?-
A. Yes, sir; they are just like we are.
Q. Never made any application?-
A. No, sir.
Q. Did they ask you to represent them here?-
A. No, sir; I haven’t seen- one of them I haven’t seen for four years, and the other one is living there, and I thought he was coming on.
Q. Do you know anything about why they didn’t make application in 1896?-
A. No sir.
Mr. Lee. We would like to ask to have the record in the Z. T. Bottoms and Louis Hill cases, as they now exist in the flies of the commission, referred to in this case, and the evidence of record in those cases considered in the matter of the application of the claimants who have been presented here.
Mr. Clapp. I think the attorneys for the Chickasaw Nation will have to object to that, for the reason no opportunity is proffered for cross-examination.
Mr. Hill. I join in the objection.
Mr. Pollock. The objections will be noted.
Witness excused.
November 11, 1910.
William Benjamin Hill, recalled, testified as follows:
By Mr. Lee:
Q. Mr. Hill, when yon were here yesterday I neglected to ask If yon had any children; have you any?-
A. Yes sir.
Q. State their names, please.-
A. Oldest one is a girl, she’s
Q. What is her name?-
A. Ella May; her name is Hargroves, she’s married.
Q. Has she any children?-
A. Yes. sir.
Q. What are their names?-
A. She’s got four now, but I don’t know their ages.
Q. Give us their names.-
A. The oldest one is a girl named Florence, and the next oldest one Is-I don’t know the rest of their names.
Q. Do you know how old the oldest one is?-
A. She’s now about 10 years old, I think.
Q. Can you recall the name of the second one?-
A. It’s a funny name and I have forgot it; I cant’ call her name; haven’t been with them much since I got out.
Q. What is your next child’s name?-
A. She’s a girl, Mattie Corrinnie.
Q. Is she married?-
A. Yes. sir.
Q. How long has she been married?-
A. Well. now. I couldn’t tell you the year she was married in; I was down there in the pen; but she has two children.
Q. What are their names?-
A. Oldest, Onie, and I don’t know the baby’s name.
Q. How old is Onie?-
A. About 8 years old-something like 8 years.
Q. Now what is the married name?-
A. What is her husband’s name?
Q. What?-
A. Judson Foreline.
Q. Do you know how to spell Foreline?-
A. F-o-r-e-l-i-n-e.
Q. What is your next child?-
A. A son: his name is William Franklin; he’s 25 years old this last July.
Q. Is he married?-
A. No, sir. Now Mattie is 27.
Q. What is your next child?-
A. Laura, the youngest one; she’s 23 years old the 31st day of last October.
Q. Is she married?-
A. No. sir.
Q. What Is your next one?-
A. I haven’t any more.
Q. What Is your wife’s name?-
A. Her last name?
Q. Your wife’s name?-
A. Her name E. C.-Elizabeth Caroline.
Q. Were you lawfuly married to her?-
A. Yes, sir.
By Mr. Clapp:
Q. Are these children and grandchildren that you have named all living?- A. Well, now, I dout’ know, but they was living three months ago there in Throckmorton County. Tex.
Q. How long have they lived there?-
A. I lived there about six months, and then I came in to Durant and stayed down there.
Q. Were these children living with you in Cook County when you were sentenced?-
A. Yes sir. Two died after I went to the pen: the oldest son and next to the oldest daughter died while I was in the pen and that left four living.
Q. Any of them lived in the Indian Territory?-
A. Yes, Sir; in 1878 and 1879.
Q. That’s when you were here?-
A. Yes, sir.
Q. They haven’t been here since?-
A. No sir; I went over there to Cook County and got into trouble just before I left there, and went off to the pen from that on so I didn’t get back In the Territory, but I paid no permit when the $25 permit was out. I was recognized at Colbert there as a Choctaw, paid, no permit at all and when I was on the dodge
By Mr. Pollock :
Q. Where was this youngest child born?-
A. The youngest child was born in the Territory-the last one.
Q. What year was she born in?-
A. She was born in 1887.
Q. 1887?
A. Yes sir; she was born in October after I was arrested in August. My wife came back to the Territory after I was arrested.
Q. These grandchildren have never lived In the Territory at all?-
A. No, sir; I don’t think that they have. The oldest I think was born in the Territory-Florence. I wouldn’t be certain; you see I was down there. They move around so much and so often I don’t know where they go.
Q. Has this oldest child of yours ever lived in the Territory-In the Choctaw Nation-after she became of age?-
A. Yes. sir.
Q. When was that?-
A. She used to live down here at Ravia, in the Chickasaw Nation.
Q. When was that?-
A. It was about 14 or 15 years ago; she was raised almost right down here at Ravia, and I then she was married. I think, here at Norton.
Q. You stated in your statement that they had never lived in the Territory after yon had gone to the pen, or after you left here: that they went out with you?-
A. After I was arrested they came back to the Territory and stayed in the Territory a good while, and the oldest daughter married, and next to the oldest daughter married here in the Chickasaw Nation: that’s the way of it; and then they moved out there, but I don’t know what year.
Witness excused.
Durant. Okla.. November 14 1910.
Appearances: Albert J. Lee, attorney for claimant: G. D. Rodgers attorney for Chickasaw Nation.
James M. Reagan, being duly sworn and examined as a witness, testified as follows:
By Mr. Lee:
Q. State your name.-
A. James M. Reagan.
Q. Where do you live Mr. Reagan?-
A. Well. I am now camped at Melissa in Collin County, Tex.
Q. Where is your home?-
A. Well, you might say I haven’t none. I have made the Territory my home for the last 20 or 23 years, but I haven’t been in here all the time: I have been in and out.
Q. Where were you living In 1896?-
A. I believe I was al Elmore: I am not sure.
Q. Are you related to the Bottoms and Hills?-
A. Yes. sir.
Q. At that time did you know they were making application to the commission for enrollment?-
A. Yes sir: I think so to the best of my recollection.
Q. Did you make any application for yourself ar that time?-
A. No. sir.
Q Did you at any time after that?-
A. Yes; I did; at Atoka here, two or three years after that.
Q. Two or three years after 1896?-
A. Yes, sir.
Q. Can you fix the exact year?-
A. No.
Q. Who was with you at the time you made that application?-
A. Well, I believe Powell was there.
Q. Anyone else?-
A. I don’t remember anyone else.
Q. Did you go before the commission personally?-
A. Yes Sir.
Q. Do you remember what was said to you by the commission?-
A. No sir: I do not: he didn’t say but a few words to me.
Q. What was the purport of what he said to you?-
A. He asked me if I claimed Indian blood and I told him I did and he asked me a few more questions and then he said to step aside.
Q. Did you ever go before the commission after that?-
A. No. sir.
Q. Do you know Louis Hill?-
A. Yes, sir.
Q. What relation was he to you?-
A. My uncle.
Q. Uncle?-
A. Yes. sir.
Q. By blood or marriage?-
A. By blood.
Q. Do you know Z. T. Bottoms?-
A. Yes sir.
Q. What relation was he to you?-
A. Well, he was. I believe, a great-uncle. I was very small when my people died and I don’t remember much about any of my relation.
Q. Who was your mother?-
A. Hill-Jane Hill.
Q. Before she married your father?-
A. Yes, sir.
Q. Was she a sister of Louis Hill?-
A. Yes sir.
Q. Have you any children?-
A. Yea, sir.
Q. What are their names and ages?-
A. Well, the oldest one his name was James Pascal, born September 4, 1895.
Q. What Is your next child?-
A. Charles B. Reagan.
Q. Charles B.?-
A. Yes, sir.
Q. When was he born?-
A. November 2. 1899.
Q. What is your next child?-
A. Elsie O.
Q. When was she born?-
A. May 10, 1902.
Q. Any more?-
A. Yes, sir.
Q. What Is the next one?-
A. Marvin A.
Q. Is that a boy?-
A. Yes, sir.
Q. When was he born?-
A. March 14, 1904.
Q. Any others?-
A. Franklin C.
Q. When was he born?-
A. January 9, 1905.
Q. Are there any others born before March, 1906? That’s the last one born before that time, was it?-
A. Well, here’s one April the 10th 1906. My second child is dead; I haven’t got its name on here.
Q. .When did he die?-
A. She died January 9. 1899.
Q. Now, you say you don’t remember anyone else that was with yon at the time you applied to the commission with Powell?-
A. I don’t remember any.
Q. Have you a brother?-
A. Yes, sir.
Q. What is his name?-
A. John H. Reagan.
Q. Was he there at that time?-
A. Yes; he was there.
Q. Do you know whether he went before the commission or not?-
A. No, sir; I couldn’t tell you. It’s all been so long ago my memory has failed me and I haven’t got a good recollection no way.
Witness excused.
Albert G. McMillan, being duly sworn, states that he reported the proceedings in the above-entitled cause and that the foregoing is a true and correct transcript of his stenographic notes.
Albert G. McMillan.
Subscribed and sworn to before me this 7th day of December 1910.
[seal.] Harry Montague. Notary Public.