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