Mary Huffman Et Al., Choctaws.
Dawes Commission, No. 1345. United States court, No. 137. Citizenship court, No. 37-T.
September 9, 1896. Original application by Mary Huffman for the enrollment of herself and 15 others as citizens of the Choctaw Nation by blood and intermarriage under the provisions of the act of June 10, 1896. This application afterwards forwarded to the United States court at Ardmore, southern district.
December 8, 1896. Application rejected by the commission. Appeal taken to the United States court for the southern district.
December 22, 1897. Judgment of United States court admitting a portion of claimants to citizenship in the Choctaw Nation and denying others. Certified copy of judgment is attached hereto marked “Exhibit A.”
December 17, 1902. Judgment of United States court vacated by decree of citizenship court in test case.
March 9, 1903. Record transmitted to citizenship court.
May 24, 1904. Motion by applicants in open court to dismiss overruled by citizenship court, Judge Weaver stating:
This court feels that when a suit is brought in this court the duty is enjoined upon them to determine the merits of the cause, and therefore a motion to dismiss will not be entertained.
October 24, 1904. Hearing before the citizenship court and witnesses on behalf of claimants examined. Frank Puscachummy states that he is 59 year old; that he is a brother of the principal applicant, Mary Huffman: that their mother was a Choctaw woman and their father a Chickasaw; that he and his sister were born on Allen Bayou, in the Choctaw Nation, Ind. T.: that their parents died and that they were taken to Texas while small: that they remained in Texas until nearly grown and then returned to the Indian Territory and continued to live, in the Indian Territory ever since, holding land as any other Choctaw or Chickasaw citizen.
The principal claimant, Mary Huffman, testified that she was 56 years of age; that her understanding was that she was born on Allen Bayou, Choctaw Nation: that her father and mother died in the Indian Territory, and she was taken to Texas while very small; that she lived there until she was grown and married: that she returned to the Indian Territory and has lived there 15 to 18 years; was always taught that she was a Choctaw Indian.
No evidence was submitted on behalf of the nations, and the, above statements stand uncontradicted.
November 28, 1904. Opinion of court by Adams, chief judge, as follows:
The evidence shows that Mary Huffman and her brother. Frank Puscachummy, who are the principal applicants in this case, were living in tho State of Texas when they could first remember, where they remained until they were grown, moving to Oklahoma about 1890 or 1891, and then moved to Indian Territory, where they have resided since that time, reaching here about 1891.
The evidence consists of a lot of hearsay testimony, which I think unnecessary to set out in this opinion. Suffice It to say that the evidence is totally insufficient to establish the fact that the applicants, or any of them, are Indians. The application of applicants is therefore denied.
June 22, 1906. Petition filed with the Commissioner to the Five Civilized Tribes under department regulations of January 2, 1906, for the enrollment of applicants as citizens of the Choctaw Nation.
February 15, 1907. Decision of commissioner denying petition on ground that it did not appear that any of the applicants had ever been recognized or enrolled by the duly constituted authority of the Choctaw Nation, and that therefore the action of the citizenship court was final.
March 2, 1907. Action of commissioner approved by Secretary.
Statement By Counsel
Counsel for claimants respectfully submit that all of said claimants included in the judgment of the United States court, except J. W. Huffman, are Choctaw Indians by blood and entitled to enrollment as such, and that J. W. Huffman is entitled to be enrolled as a member of the Choctaw Tribe of Indians by intermarriage. They are: Mrs. Mary Huffman (nee Puscachummy), Frank Puscachummy, Mrs. Victoria McClurg, daughter of Mary Huffman; Mrs. Lucy Cude, daughter of Mary Huffman; Mrs. Susie Tucker, Mollie Huffman, Daniel Huffman, Charles Florice, Susie McClurg, Lillie McClurg, Henry McClurg, Haney Wallace, J. W. Huffman, by intermarriage (husband of Mary Huffman).
The following are the children of those described above as admitted by the United States court, for whose enrollment application was duly made within the time prescribed by law: Yourland Florice, Timothy J. Cude, Jack McClurg, Halley B. McClurg, Clayton Cude, William Cude, Clarence Cude, Vera Cude.
The following newborn children are entitled to enrollment under the act of April 26, 1906: Sybil McClurg, Otto McClurg, May McClurg, Hazel Huffman, Beula Huffman, Hosea Huffman, Velma Cude.
Respectfully submitted.
Ballinger & Lee, Attorneys for Claimants.
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 courtrooms at Ardmore, in the Indian Territory, on the l5th 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:
Mrs. Mary Huffman et al. v. Choctaw Nation.
Decree
On this the 22d day of December, A. D. 1897, the above-entitled action came before the court for a confirmation of the master’s report herein filed on the 23d day of June A. D. 1897, which report, after styling the action, was as follows:
To the Hon. C. B. Kilgore, Judge of said court: I find the following facts in this case:
That Mary Huffman and other petitioners herein named filed I heir application in due form and in due time with the Commission to the Five Civilized Tribes from the United States and that said application was by said commission rejected.
That the applicants herein claim to be the descendants of Mrs. Mary Huffman (nee Puscochummy), save the applicant, Frank Puscochummy, who claims to be a brother of Mrs. Mary Huffman (nee Puscochummy), and the applicants. J. W. Huffman, O. W. McClurg, G. W. Cude, and Sam Tucker, who claims by intermarriage.
I find that Mrs. Mary Huffman (nee Puscochummy) and Frank Puscochummy are brother and sister and members of the Choctaw Tribe of Indians by blood.
That Mrs. Mary Huffman (nee Puscochummy) was duly and legally married to J. W. Huffman, a citizen of the United States and a white man, whom I find to be a member of the Choctaw Tribe of Indians by marriage.
I find that Mrs. Victoria McClurg (nee Huffman), Lucy Cude (nee Huffman), Susie Tucker (nee Huffman), Daniel Huffman, Mollie Huffman to be the legitimate issue of J. W. and Mrs. Mary Huffman and members of the Choctaw Tribe of Indians by blood.
I find that Charles Florice is a son of Mrs. T. W. Huffman (nee Puscochummy), by her former husband, Sam Florice, deceased, and that he is a member of the Choctaw Tribe of Indians by blood.
I find that O. W. McClurg, a white man and a citizen of the United States, was married to Mrs. Victoria McClurg (nee Huffman), but not in compliance with the Indian laws, and I further find that Susie McClurg, Lillie McClurg, and Henry McClurg are the legitimate children of O. W. McClurg and Mrs. Victoria McClurg, and that they are the grandchildren of Mrs. Mary Huffman and J. W. Huffman, they being members of the Choctaw Tribe of Indians by blood.
I find that Henry Wallace is a son of Mrs. Victoria McClurg by a former husband. Henry Wallace, deceased, and a grandson of Mrs. Mary and J. W. Huffman, he, therefore, being a member of the Choctaw Tribe of Indians by blood.
I find that G. W. Cude, a white man and a citizen of the United States, was married to Lucy Cude (nee Huffman), but not in compliance with the Indian laws.
That Sam Tucker, was a white man and a citizen of the United States, was married to Susie Tucker (nee Huffman), bin not in compliance with the Indian laws.
I therefore recommend that Mrs. Mary Huffman (nee Puscochummy), Frank Puscochummy, Mrs. Victoria McClurg, Mrs. Lucy Cude, Mrs. Susie Tucker, Mollie Huffman, Daniel Huffman, Charles Florice, Susie McClurg, Lillie McClurg, Henry McClurg, and Hancy Wallace are members of the Choctaw Tribe of Indians by blood and recommend that they be enrolled as such. That J. W. Huffman is a member of the Choctaw Tribe of Indians by intermarriage and recommend that he be enrolled as such.
I find that O. W. McClurg, G. W. Cude, and Sam Tucker are not members of the Choctaw Tribe of Indians and recommend that they be denied citizenship in said nation.
W. H. L. Campbell, Master in Chancery
It appearing to the court that said report has not been excepted to by the defendants herein, and that the facts set forth are true, the report of the master in chancery is hereby in all things confirmed by the court. It is therefore ordered, decreed, and adjudged that the report of the master be, and is in all things, confirmed.
It is further ordered, decreed, and adjudged that Mrs. Mary Huffman (nee Puscochummy), Frank Puscochummy, Mrs. Victoria McClurg, Mrs. Lucy Cude, Mrs. Susie Tucker, Mollie Huffman, Daniel Huffman, Charles Florice, Susie McClurg, Lillie McClurg, Henry McClurg, and Haney Wallace be enrolled as members of the Choctaw Tribe of Indians by blood and that J. W. Huffman be enrolled as a member of the Choctaw Tribe of Indians by intermarriage.
That O. W. McClurg, G. W. Cude, and Sam Tucker be denied the right to be enrolled as members of the Choctaw Tribe of Indians.
Given under my hand and seal of this court on this the day and year above written.
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 12th day of March A .D. 1903.
[Seal.] C. M. Campbell, Clerk.
By N. H. McCoy, Deputy