The following record was submitted by Ballinger & Lee:
Department Of The Interior
Muskogee, Okla., December 8, 1910.
In the matter of the application for the enrollment of Sallie Colbert as a minor
Chickasaw by blood.
Proceedings had at McAlester, Okla., December 1, 1910, before W. C. Pollock, assistant attorney, Interior Department.
Appearances: M. M. Lindley, of McAlester, attorney for claimant: McCurtain & Hill, by D. C. McCurtain, attorneys for Choctaw Nation.
Edmon Colbert, being duly sworn and examined as a witness, testified as follows:
By Mr. Pollock:
Q. What is your name? –
A. Edmon Colbert.
Q. Where do you live? –
A. Reydon, used to be Guertie.
Q. How old are you? –
I enrolled 30 years old in 1903; about 38 years old, I reckon.
Q. What roll are you on? –
A. Well. I don’t know: I am Chickasaw.
Q. How much Indian blood have you?-
A. Well, I don’t know, on the roll as full blood.
Q. What is your wife’s name? –
A. Martha.
Q. Is she a Chickasaw? –
A. She’s Chickasaw.
Q. Full blood? –
A. Well, I can’t say.
Q. When were yon married? –
A. Well. I don’t know what time we ever did get married; it’s been a long time since.
By Mr. Lindley:
Q. How many years? –
A. Well, I couldn’t say; I don’t want to tell anything I don’t know.
By Mr. Pollock:
Q. How many children have you?-
A. Got five.
Q. Are any of them on the rolls? –
A. Yes: all but two; one died and one living.
Q. What Is the name of the one that died? –
A. One named Isaac.
Q. He is the one that died?-
A. Yes, sir.
Q. When was he born? –
A. Well. I don’t know really what date It was; I never paid no attention to it.
Q. Was he born after the others were enrolled? –
A. No; before the others.
Q. Had he died before the others were enrolled?-
A. Yes.
Q. Had he died before 1902? –
A. It was along there somewhere when he died
Q. Did you make any application for him to be enrolled? –
A. No: never did make no application. They always said wasn’t no use.
Q. Now what is the other child’s name not on the roll? –
A. Sallie.
Q. When was Sallie born?-
A. 1905.
Q. What month?-
A. October 28.
Q. How do you remember the date that Sallie was born? –
A. We went out to play a ball game out in the country.
Q. You fix the time of her birth by that?-
A. Yes.
Q. Is Sallie still living? –
A. Yes; she’s living today.
Q. Yon didn’t bring her in with you? –
A. No: I was out here, and I just heard about it, and I just came over to see how it was, and I thought I would come on when I heard it: I didn’t want to get left out.
Q. You didn’t leave home, then, to come in here and make an application?- A. No.
Q. What midwife waited on your wife when Sallie was born? –
A. Lizzie Lewis.
Q. Is she still living?-
A. Yes, sir; mother-in-law of mine.
Q. Your wife’s mother? –
A. Yes.
By Mr. McCurtain:
Q. Sallie is living yet, is she? –
A. Yes; she’s living.
Mr. McCurtain. Well. I suggest. If you are going to take the statement of the midwife, that the midwife be brought before Mr. Brink, and at the same time let the child be produced.
It is agreed to by all parties in interest that the additional evidence to be taken in this case shall be heard at the office of District Agent Brink on Friday, December 9.
By Mr. Pollock:
Q. Did you make any record when this child Sallie was born?-
A. No; I didn’t keep anything of that kind. When we file them that is all the records of any kind that we ever had.
(Witness excused.)
On Chickasaw card No. 287 appears the names of Edmon Colbert, his wife, Martha, and their two children. Joshua and Ben Colbert, opposite final approved roll Nos. 903, 4569, 904, and 4570, respectively.
On Chickasaw newborn card No. 35 (act of Mar. 3, 1905) appears the name of Holman Colbert, opposite roll No. 27, child of Edrnon and Martha Colbert.
On Chickasaw minor card No. 236 (act of Apr. 26, 1906) appears the name of Selina Colbert, opposite roll No. 154, child of Edmon and Martha Colbert.
Albert G. McMillan, being duly sworn, states that he reported the proceedings had 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 8th day of December 1910.
Harry Montague, Notary Public.
State Of Oklahoma, Pittsburg County, ss:
Martha Colbert states that she is 38 years of age; that she is one of the legal heirs of John Lewis, deceased, being a daughter; that her said father, John Lewis died on the 8th day of May, 1903, as near as she can remember; that he always refused to go and be enrolled for any purpose whatever and more especially for the purpose of allotment, that for this reason her mother and the other children have been deprived of his estate as a full blood Choctaw which they are legally entitled.
Wherefore affiant asks that his name be placed on the roll of the Choctaw Tribe as a full blood, which he was and that his estate be distributed to his legal heirs as is by law provided.
Martha (her thumb mark) Colbert.
Witnesses to mark:
William Nail.
Edmond Jones.
Subscribed and sworn to before me this the 19th day of July, 1911.
[seal.] F. D. Ungles, Notary Public.
My commission expires October 2, 1932.
State or Oklahoma, Pittsburg County, ss:
Hallucher Lewis, being first duly sworn states that her age is ___ years; her post office is Gertie, Okla.: that she is the widow of one John Lewis, who died on the 8th day of May, 1903; that he was a full blood Choctaw and refused to go anywhere and be enrolled for the purpose of allotment, and that for this reason she and his children, to wit: Martha Colbert, nee Lewis, Ellen Homer, nee Lewis, Dixon Lewis, a minor, and Mollie Lewis, the widow of Thompson Lewis, deceased, have been deprived of his allotment, an estate to which they are legally entitled.
Wherefore she prays that bis name be placed on the rolls of the full blood Choctaws and his estate be distributed to his legal heirs as is by law provided.
Hallucher (her thumb mark) Lewis.
Witnesses:
William Nail,
Edmond Jones.
Subscribed and sworn to before mo this 19th day of July 1911.
[seal.] F. D. Uncles, Notary Public.
My commission expires October 2. 1912.
State Of Oklahoma, Hughes County, ss:
Ellen Homer states that she is 20 years of age; that she is one of the legal heirs of John Lewis, deceased, being a daughter; that her said father, John Lewis, died on the 8th day of May, 1903, as near as she can remember, that he always refused to go and he enrolled for any purpose whatever and more especially for the purpose of allotment, that for this reason her mother and the other children have been deprived of his estate as a full-blood Choctaw which they are legally entitled.
Wherefore affiant asks that his name be placed on the roll of the Choctaw Tribe as a full-blood, which he was and that his estate be distributed to his legal heirs as is by law provided.
Ellen (her x mark) Homer.
Witnesses to mark:
G. G. Givens.
M. P. Ahchburn.
The name of Ellen Homer signed by me at her request as she can not write. Subscribed and sworn to before me this the 31st day of July 1911.
G. G. Givens, Notary Public.
My commission expires March 28, 1915.
Birth Affidavit
Department Of The Interior,
Commissioner To The Five Civilized Tribes.
[Enrollment of minors. Act of Congress approved Apr. 26, 1906.]
In re application for enrollment as a member by blood of Chickasaw Nation of Gertie, born on the 18th day of October 1905. Name of father, Edmon Colbert, a citizen of the Chickasaw Nation. Name of mother, Martha Colbert, a citizen of the Chickasaw Nation. Tribal enrollment of father. Chickasaw full blood. Tribal enrollment of mother, Chickasaw by blood. Enrollment number of father. No. 903. Enrollment number of mother, No. 1970. Post office. Gertie, Okla.
Affidavit Of Mother
State Of Oklahoma, Pittsburg County, ss:
I, Martha Colbert, on oat, state that I am 38 years of age and a citizen by blood of the Chickasaw Nation: that I am the lawful wife of Edmon Colbert, who is a citizen by blood of the Chickasaw Nation; that a female child was born to me on 18th day of October, 1905: that said child has been named Sallie Colbert, and was living March 4, 1906, and is now living.
Martha (her thumb mark) Colbert.
Witnesses to mark:
Edmond Jones,
William Nail.
Subscribed and sworn to before me this 19th day of July 1911.
[ Seal.] F. D. Uncles, Notary Public.
My commission expires October 2, 1912.
Affidavit Of Attending Physician Or Midwife
State Of Oklahoma, Pittsburg County, ss:
I, Hallucher Lewis, a midwife, grandmother of child, on oath, state that I attended on Martha Colbert, wife of Edmon Colbert, on the 18th day of October, 1911: that there was born to her on said date a female child; that said child was living March 4, 1906, and is said to have been named Sallie Colbert, and is living at this date.
Hallucher (her thumb mark) Lewis.
Witnesses to mark:
Edmond Jones,
William Nail.
Subscribed and sworn to before me this 19th day of July 1911.
[seal.] F. D. Ungles, Notary Public.
My commission expires October 2, 1912.