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Consolidated Cases,
Askew, Hill and Bennett, Choctaw
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.
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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