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Oscar Casey, Chickasaw
Oscar Casey Et Al.
Dawes Commission, No. 191
Record
August 31, 1896. Application for
admission to citizenship filed, sworn to by
Oscar Casey. The application states that
applicants are descendants of William Casey
and Tempie Thomas; that Tempie Thomas was a
Chickasaw woman and married Casey in
Mississippi; that application was made to
the Chickasaw court of claims in August,
1895; that they paid a fee of $50 to have
their case heard, and attached to the
application is the record of the Chickasaw
court of claims, reading as follows:
Received of (Oscar and Scott Casey) $50 by
the Court of Claims for the establishment of
their cases of citizenship.
C. A. Burris,
Chairman of Court of Claims.
Attest:
R. H. Nichols, Clerk.
There is also attached to said application a
paper, of which the following is a copy:
Office Court Of Claims
Tishomingo, I. T.
August 24. 1895.
Motion made and carried that the case of
Oscar and Scott Casey and J. W. Howard be
passed over to the legislature for the want
of the two witnesses required by the law
produced by the secretary this morning.
C. A. Burris, Chairman C. on C.
Attest: R. H. Nichols, Clerk
Affidavits Attached
Susan Brown makes affidavit that she is a
Chickasaw by blood: that she is 80 years
old; that her first husband was a brother of
Tempie Thomas; that Tempie Thomas had three
brothers, Jim, George, and Robert Thomas;
that the mother of these children was a
full-blood Chickasaw woman and their father
a white man.
Tempa Ann Casey makes affidavit that she
lives in Lamar County, Tex.; that she is 76
years old; that she was born in Mississippi;
that her father's name was Thomas: that her
mother was a full-blood Chickasaw woman;
that she moved from Mississippi in 1850 with
her husband, William Casey; that Scott Casey
and Oscar Casey are her children.
F. M. Miner makes affidavit that he has
known Scott Casey and Oscar Casey for 25
years; that he knows their blood "as other
races are distinguished": that they have
always been known as Indians, and that he
believes them to be Chickasaws.
October 31, 1896. Answer by Chickasaw Nation
filed. The answer denies that the commission
has jurisdiction, but says that applicants
are not entitled to enrollment: that
applicants have no conclusive evidence that
they are entitled to enrollment; that the
petition of applicants is without foundation
in fact or proof. Attached to the answer is
the affidavit of C. A. Burris, who states
that he "never knew or heard of any persons
of the name of Casey who were Chickasaws."
November 23, 1896. The following indorsement
was made upon application in lead pencil:
"Oscar Casey et al., applications denied."
Note.-No appeal was taken from this action.
September 20, 1902. Scott Casey appeared
before Commission to the Five Civilized
Tribes at Muskogee and applied for the
enrollment of himself and two minor children
as Chickasaws. He testified that he had
never been admitted to citizenship in the
Chickasaw Nation; that he had lived in the
Chickasaw Nation nine years: that his name
was Walter Winfield Casey, but that he was
called Scott Casey. No testimony was taken
at this hearing as to applicant's Indian
blood or ancestry.
December 8, 1902. Decision of commission
rendered, holding that it was without
authority to consider the case because of
the act of May 31, 1900.
Statement By Counsel For Claimants
Counsel submit that as these claimants are
admittedly of Chickasaw blood and have lived
in the Chickasaw Nation since before 1890,
applied to the citizenship committee and
paid the price exacted, and their case
unacted upon, that they have done everything
within their power to establish their
rights, are possessed of every qualification
entitling them to enrollment, and were
denied under the act of May 31, 1900, upon a
strictly jurisdictional ground, that they
are in equity and good conscience entitled
to enrollment. They are: Oscar Casey, Scott
Casey (real name Walter Winfield Casey), Bob
Casey, Sammie Casey.
Respectfully submitted.
Ballinger & Lee, Attorneys for Claimants.
Catherine Whittle Et Al., Choctaws.
The leading claimant is a full sister of
Sarah Whittle, who, with her children, is
enrolled upon the final roll of Choctaws by
blood as approved by the Secretary of the
Interior.
Sarah Whittle and her children are enrolled
opposite the following numbers on said roll:
500, Whittle, Sarah; 501, Whittle, Napoleon;
502, Whittle. John; 503, Carr Alma; 504,
Whittle, Madge L.; 505, Whittle, Susan C.;
15040, Whittle, Arthur.
1899. Original application made to
Commission to Five Civilized Tribes at
Durant, Ind. T., for enrollment of Catherine
Whittle, Bessie Whittle, Lillie Whittle,
Annie Whittle, John Whittle, her children,
as citizens by blood, and C. M. Whittle, her
husband, as an intermarried citizen of the
Choctaw Nation.
June 15, 1900. Further proceedings in this
case and application made to commission for
identification as Mississippi Choctaws of
Catherine Whittle, C. M. Whittle, her
husband, and Lillie Pearl Whittle, Annie K.
Whittle, Marion John Whittle, Mantitia P.
Whittle, and Eva Clara Whittle, her
children.
June 16. 1900. Application made to
commission for identification as Mississippi
Choctaws of Bessie May Mines (formerly
Bessie May Whittle) as a Mississippi
Choctaw.
Subsequently applications were made for the
identification as Mississippi Choctaws of
Rosa Pearl Mines (child of Lillie Pearl
Whittle, now Mines), Mary Elizabeth Mines
(child of Bessie May Hines).
August 1, 1903. Decision of commission
refusing application of claimants.
November 13, 1905. Decision of commission
approved by department.
It appears from the record that Catherine
Whittle has resided continuously in the
Choctaw and Chickasaw Nation since about the
year 1894 and that she is a full sister of
Sarah Whittle, who with her children, was
admitted to citizenship in the Choctaw
Nation by an act of the Choctaw Council of
November 5, 1895, and they are now enrolled
upon the final rolls of the citizens by
blood of the Choctaw Nation as approved by
the Secretary of the Interior.
The other claimants herein are children and
grandchildren of the leading claimant
Catherine Whittle.
Counsel for claimants represent that as the
leading claimant has resided continuously in
the Choctaw and Chickasaw Nations since 1894
and is a full sister of Sarah Whittle: and
as said Sarah Whittle and her children have
been enrolled and approved as Choctaws by
blood, the claimants herein are entitled to
be enrolled as Choctaws. Those entitled to
enrollment are as follows: Catherine
Whittle, C. M. Whittle, Lillie Pearl
Whittle, Annie K. Whittle, Marion John
Whittle, Mantitia P. Whittle, Eva Clara
Whittle, Bessie May Mines, Rosa Pearl Hines,
Mary Elizabeth Hines (10 in all).
Further evidence taken by Judge Pollock for
the department, December 16, 1910, copy of
which is hereto attached.
Respectfully submitted.
Ballinger & Lee.
Department of the Interior
Muskogee, Okla.,
December 16, 1910.
In the mutter of the application for the
enrollment of Catherine Whittle et al as
citizens by blood of the Choctaw Nation.
Proceedings had at Durant, Okla., November
14, 1910, before W. C. Pollock, assistant
attorney Interior Department.
Appearances: Ballinger & Lee, by Albert J.
Lee, attorneys for claimants. Rodgers &
Clapp, by Geo. D. Rodgers, attorneys for
Chickasaw Nation.
William N. Mines, being duly sworn and
examined as a witness, testified as follows:
By Mr. Lee:
Q. State your name.
A. William N. Hines.
Q. Who is your wife, Mr. Hines?
A. Bessie May Whittle, before we were
married.
Q. Is Bessie May Whittle a daughter of
Catherine Whittle?
A. Yes, sir.
Q. Who wus her father?
A. Marlon Whittle.
Q. What are his initials?
A. C. M.. I think is the way he signs his
name.
Q. Mr. Hines, the record of the commission
at Muskogee in this case shows that yon made
application for the enrollment of Mary
Elizabeth Hines. Is that the correct name of
that child?
A. No, sir; her correct name is Mamie
Elizabeth.
Q. Have you any children other than Mamie
Elizabeth Hines?
A. Yes. sir: one little boy, Marvin Marzene.
Q. How old Is he?
A. About six years old.
Q. When was he born?
A. He was born in 1904.
Q. Do you remember the month?
A. February the 5th, I think, if I mistake
not. (Witness here hands paper to Mr. Lee
and states he can not read the names on it.)
Q. Did you have your wife set down the dates
of the birth of these children before you
came to town?-
A. Yes sir; this morning as soon as I got
the word to come to town.
Q. Is the list that you Just gave me the
list she prepared for yon?-
A. Yes, sir.
Q. And you can not read the list?-
A. No, sir got no education at all and can
barely sign my name in box-car letters Just
so it will go, and that's all.
Q. Have you got the pencil memorandum that
she made?-
A. If I haven't I can get it Just as she
wrote it.
Q. Have you any other children besides those
two?-
A. I have two more, but they wouldn't go
in-born too late.
The names on the list witness offered were
typewritten, and at this point he is excused
in order that he may go to the bank and
secure the pencil list prepared by his wife.
Lillie Pearl Hines, being duly sworn and
examined as a witness, testified as follows:
By Mr. Lee:
Q. Slate your full name, please.-
A. Lillie Pearl Hines.
Q. Who was your father and mother?-
A. Father was Marion Whittle.
Q. Who was your mother?-
A. Catherine Whittle. -
Q. What are your father's initials?-
A. C. M.
Q. C. M. Whittle?-
A. Yes. sir.
Q. The record of the commission shows that
you made application for Rosa Pearl Hines.
Have you any children other than Rosa Pearl
Hines?-
A. Yes sir.
Q. How many?-
A. Four.
Q. State their names and ages please?-
A. Rosa Pearl Hines she's 8 years old.
Q. She is the one that you made application
for?-
A. Yes, sir.
Q. What is the next one?-
A. Edna Lee Hines, she will be 7 in January.
Q. What day in January?-
A. The 8th.
Q. What is your next child?-
A. Herbert Buford Hines.
Q. When was lie born?-
A. December 7, 1904, I believe it was.
Q. 1904?-
A. Yes, sir.
Q. You stated a moment ago that the first
child you named was 8 years old-7 years old
In January?-
A. The first one is 8 years old and the
other one will be 7 this coming January.
Q. Now, then, this one you say was born what
year?-
A. He was born in December 1004, I think it
is; I wouldn't be certain.
By Mr. Pollock :
Q. You say this other child will be 7 next
January?-
A. Yes, sir.
Q. Then he was born in January, 1904?-
A. Yes, sir.
Q. Now, then, your next child is how much
younger?-What is the difference between the
two?-
A. Well, there's right smart of difference.
Buford, he will be 5 this coming
December-the one I am speaking about.
By Mr. Lee:
Q. Now that is three of them?-
A. Yes, sir.
Q. What is the name of the next one?-
A. Jewel Wesley.
Q. Is that a boy?-
A. Yes, sir.
Q. When was he born?-
A. He was born in January.
O. What year?-
A. I wouldn't be certain, but he's younger.
Q. How much younger than the one you named
just a moment ago?-
A. Little over a year.
Q. Have you a list there with the ages?-
A. It is right in there (indicating
adjoining room).
Q. Get that, please.-
A. (Witness hands paper to Mr. Lee.)
Q. Is this a list of the correct dates of
birth of your children?-
A. Yes, sir.
Q. What did you take this from?-
A. We wrote it down.
Q. You wrote it down before coming here?-
A. Yes, sir.
Q. Did you have these ages recorded in any
book or Bible?-
A. Yes, sir.
Q. Did you copy that?-
A. Yes, sir: from a book.
Q. What kind of a book?-
A. A book sort o' like a Bible, but it
wasn't a Bible.
Q. Who wrote the names and ages on this
paper?-
A. My husband.
Q. Is he here?-
A. No sir; he's not here.
By Mr. Rodgers:
Q. What kind of a book have you got this
in?-
A. It's sermons-sort o' like a Bible-good
readings.
Q. Do you have the dates of the births of
all your children in that book?-
A. No sir; we had that wrote down in it, and
we tore it out.
Q. Have you got that in the book?-
A. No, sir; I tore that out.
Q. This was in the book and you tore it out
and brought it along?-
A. Yes, sir.
Q. When was this written?-When did your
husband write it?-
A. I don't know exactly; been about a year
ago, I guess.
Q. He wrote It all down at once, did he?-
A. Yes, sir; about a year ago.
Q. Do you know that these are the correct
dates?-
A. Yes. sir.
Q. How do you know it?-
A. Well, we counted it up and we know how
old they are, and we counted it up.
Q. When did you count it up? About a year
ago, when that was put in the book?-
A. Yes, sir; when that was wrote.
Q. Can't you count it up now and give us the
correct date?-
A. Well, I can of some of them.
By Mr. Lee :
Q. Do you want to put this in as being the
correct ages of your children-
A. Well, I don't need to keep it as I know
of.
Mr. Lee. We offer this as being the only
record they have as to the ages of the
children.
Paper with names and ages filed.
By Mr. Pollock :
Q. Was there any other writing In that book
other than you have here?-
A. No sir. Well, there's two of them that's
too young to be put on the rolls, so they
say.
Q. How many children have you altogether?-
A. Fire.
Q. Mrs. Hines, was there any physician with
you when Buford was born?- A. Yes. sir.
Q. Who was that?-
A. The doctor?
Q. Yes.-
A. Dr. Wells.
Q. Where does he live?-
A. He lives at Cale. I think, now, but I
ain't sure.
Q. Was there any woman with you, also,
then?-
A. Yes. sir.
Q. Who was that?-
A. My mother-Mrs. Andrews-was all the one
that was there.
Q. Is she living down near you now?-
A. No: she's not living close.
Q. Where is she?-
A. I couldn't tell you; I don't know. Buford
did you say or Wesley-which one? I might
misunderstood you.
Q. Buford-the one that is 5 years old?-
A. It was the other one.
Q. This Buford-the one that is 5 years
old-that I was talking about?-
A. Duncan was the one that was with me then.
Q. Where does he live?-
A. I don't know where she lives at now.
Q. Well, I thought you said there was a
doctor with you then?-
A. No, sir: Mrs. Duncan.
Q. Was there any doctor there at that time?-
A. Dr. Wells.
Q. He was with you both times?-
A. Yes, sir,
Q. You can get him to sign a paper, can you?
Do you know where he is now?-
A. Cale.
Mr. Lee. We ask permission to file a birth
certificate as to the birth of the children
testified to by this witness.
By Mr. Lee:
Q. Are you applying now for the enrollment
of all of these children?-
A. Yes, sir.
Q. Do you make any claim for the youngest
one that was born in 1907?-
A. No, sir; I guess not.
Witness excused.
William N. Hines recalled, testified as
follows:
By Mr. Lee:
Q. Mr. Hines, you say your wife was
Lillie Pearl Whittle?-
A. No sir: Bessie May.
Q. Do you know who Lillie Pearl Whittle
married?-
A. Noah Hines.
Q. What relation is he to you?-
A. He's a half brother.
Q. When you were on the stand a moment ago
you spoke of having a list of the births of
your children?-A. Yes, sir.
Q. Have you that with yon now?-
A. I have it with me now.
Q. Who wrote these names and ages on this
slip of paper?-
A. My wife.
Q. When did she write them?-
A. This morning about 9 o'clock.
Q. Did she copy them from any book or
records?-
A. No, sir; she copied them just the best
she could think of the age.
Q. Where is your wife now?-
A. She's at home.
Q. Is she in condition to travel so you
could bring her here?--
A. No sir. We got no family record of the
children.
Q. What do you say now is the age of Mamie
Elizabeth Hines?-
A. She's about 9 years old.
Q. And what did you say the age of Marzene
Hines is? Can you fix now the age of her
birth better than you did a while ago?-
A. The year of Marvin's birth?
Q. Yes.-
A. I declare I put that to about as little
study as any man you ever been. Sometimes
men ask me how many children I got and I
have got to stop and study before I can tell
him. He's about 6 years old or right at 6.
Now I couldn't no more tell a man their ages
and births at all-that is correctly; Just
about, is all I can do.
Counsel for claimants request that they
be permitted to furnish certificates as to
the dates of the birth of the two children
just testified about.
Mr. Rodgers. I suggest that these be
doctor's affidavits, If possible.
Mr. Lee. Well, that is what we are going to
get.
By Mr. Pollock :
Q. When that child Marvin was born, did your
wife have a doctor?-
A. Sent for the doctor, but he didn't get
there in time; he came afterwards.
Q. Was there any midwife with her?-
A. Mrs. Sims.
Q. Is the doctor who came there living yet?-
A. Yes sir.
Q. Where does he live?-
A. At Sterrett; some calls it Cale.
Q. Is this woman living yet where you can
reach her?-
A. No, sir; I suppose she's dead.
Witness excused.
Sarah Whittle, being duly sworn and
examined ns a witness, testified us follows:
By Mr. Lee:
Q. State your name, please.-
A. Sarah Whittle.
Q. Where do you live?-
A. Down near Utica, my home is there.
Q. Do you know Catherine Whittle?-
A. Yes. sir.
Q. What relation is she to you?-
A. My sister.
Q. Mrs. Whittle, are you an enrolled citizen
of the Choctaw Nation?-
A. Yes. sir.
Q. Have your land as such?-
A. Yes, sir.
Q. Have you and your sister lived in the
Choctaw Nation the same length of time?-
A. I was here one year before she came.
Q. What year did you come in?-
A. I never kept no account.
Q. How many years have you been here, Mrs.
Whittle?-
A. About 17.
Q. Seventeen years?-
A. Yes. sir.
Q. Did yon attempt to secure the enrollment
of your sister when you went before the
Choctaw Council?-
A. No, sir, we didn't. The council was about
ready to adjourn when I was enrolled and we
couldn't get any more business before them,
owing to the condition of things.
Witness excused.
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 16th
day of December. 1910.
[seal.] Harry Montague, Notary Public.
I, Catherine Whittle, on oath state that I
was present and assisted Mrs. Sarah Sims,
who was a midwife, but died in 1909, and
attended on Bessie May Hines, wife of
William N. Hines, on the 5th day of January
1904; that then was born to her on said date
a male child; that said child was living
March 4, 1906, and is said to have been
named Marvin Marzine Hines, this the 17th
day of November 1910.
Catherine Whittle.
Subscribed and sworn to before me this the
17th day of November. A. D. 1910.
[seal.] W. J. O'DONLEY, Notary Public.
My commission expires December 9, 1913.
Birth Affidavit
Department Of The Interior,
Commissioner To-the Five Civilized Tribes
Enrollment Of Minors, Act Of Congress,
Approved April 26, 1906.
In re application for enrollment, as a
citizen of the Choctaw Nation, of Marvin
Marzen Hines, born on the fith day of
January 1904. Name of father, William N.
Hines, a citizen of the Choctaw Nation: name
of mother, Bessie May Hines, a citizen of
the Choctaw Nation. Tribal enrollment of
father ________Tribal enrollment of mother
_________.
Post office: Utica, Okla.
Affidavit Of Mother
United States Of America,
State Of Oklahoma, Bryan County:
I, Bessie May Hines (nee Whittle), on oath
state that I am 26 years of age and a
citizen by blood of the Choctaw Nation: that
I am the lawful wife of William N. Hines,
who is a citizen, by ______of the
________Nation; that a male child was born
to me on the 5th day of January 1904; that
said child has been named Marvin Marzen
Hines and was living March 4, 1906.
Bessie May (Her X Mark) Hines.
Witnesses to mark:
_______ ________
_______ ________
Subscribed and sworn to before me this 17th
day of November. 1910.
[seal.] W. J. O'Donley, Notary Public.
My commission expires December 9, 1913.
Affidavit Of Attending
Physician Or Midwife
United States Of America,
State Of Oklahoma, Bryan County:
I, Catherine Whittle, on oath state that I
attended on Bessie May Bines, wife of
William N. Hines, on the 5th day of January
1904; that there was born to her on said
date a male child; that said child was
living March 4, 1906, and is said to have
been named Marvin Marzen Hines.
_______ (Her X Mark) ______
Witnesses to mark:
________ ________
________ ________
Subscribed and sworn to before me this ____
day of _____, 1906.
_______ _______, Notary Public.
Birth Affidavit
Department Of The Interior
Commissioner To The Five Civilized Tribes
Enrollment Of Minors, Act Ok Congress,
Approved April 26, 1006.
In re application for enrollment as a
citizen of the Choctaw Nation of Buford
Hubbard Hines, born on the 7th day of
December, 1905. Name of father. Noah Hines,
a citizen of the Nation; name of mother,
Lillie Pearl Hines (nee Whittle), a citizen
of the Choctaw Nation. Tribal enrollment of
father ______, tribal enrollment of mother
_______.
Post office: Utica. Okla.
Affidavit Of Mother
United States Of America,
State Of Oklahoma, Bryan County:
I, Lillie Pearl Hines. on oath state that I
am 23 years of age and a citizen by blood of
the Choctaw Nation; that I am the lawful
wife of Noah Hines, who is a citizen, by
______, of the _______ Nation; that a male
child was born to me on 7th day of December,
1905: that said child has been named Buford
Hubbard Hines, and was living March 4, 1906.
Lillie Pearl Hines.
Witnesses to mark :
________ ________
________ ________
Subscribed and sworn to before me this 14th
day of November 1910.
[Seal.] Jessie Brannan, Notary Public.
Affidavit Of Attending
Physician Of Midwife
United States Of America,
State Of Oklahoma, Bryan County:
I, A. J. Wells, a physician, on oath state
that I attended on Lillie Pearl Hines, wife
of Noah Hines, on the 7th day of December,
1905: that there was born to her on said
date a male child: that said child was
living March 4, 1906, and is said to have
been named Buford Hubbard Hines.
A. J. Wells, M. D.
Witnesses to mark:
J. C. Wells,
W. E. Black.
Subscribed and sworn to before me this 16th
day of November 1910.
W. L. Scearce, Notary Public.
My commission expires February 1, 1913.
Eliza Jane Pearce Et
Al.
The applicant in this case is a full cousin
of Catherine and Sarah Whittle referred to
in the preceding record, and the facts as to
her application for enrollment and her
residence in the nation are the same as in
the case of Catherine Whittle. She and her
minor children should be enrolled. Their
names are as follows: Eliza Jane Pearce, Ira
D. Pearce, William Herman Pearce, Bessie M.
Pearce, Hazel Pearce, and Roland R. Pearce.
Respectfully submitted,
Ballinger & Lee
Notes About the Book:
Source: Five Civilized Tribes In Oklahoma, Reports of the Department of the
Interior and Evidentiary Papers in support of S. 7625, a Bill for the Relief of
Certain Members of the Five Civilized Tribes in Oklahoma, Sixty-second Congress,
Third Session, Published 1913, by the Department of the Interior, United States.
Online Publication: The manuscript was scanned and then ocr'd. Minimal editing
has been done, and readers can and should expect some errors in the textual
output.
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