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Nicey and Sidney Arpealer, Chickasaw Minors
In the matter of the application for the
enrollment of Nicey and Sidney Arpealer as
citizens by blood of the Chickasaw Nation.
Proceedings had at McAlester, Okla.,
November 30, 1010, before W. C. Pollock,
assistant attorney, Interior Department.
Appearances: M. M. Lindley, of McAlester,
attorney for claimants: McCurtain & Hill, by
E. P. Hill, for the Choctaw Nation; Rodgers
& Clapp, by George D. Rodgers, for the
Chickasaw Nation.
Gilbert H. Arpealer, sworn and examined us a
witness, testified as follows:
By Mr. Lindley:
Q. Your name is Gilbert Arpealer, Is It?-
A. Yes. sir.
Q. Are you a Choctaw Indian?-
A. Chickasaw by blood.
Q. How much blood?-
A. Full blood.
Q. Are you enrolled and been allotted?-
A. Yes, sir.
Q. Your wife been enrolled and allotted?-
A. Yes. sir.
Q. Have your children been enrolled and
allotted?-
A. No.
Q. Who enrolled you?-
A. My father.
Q. Did he also enroll your wife, do you
know?-
A. Yes, sir.
Q. In that enrollment was any of your
children left off?-
A. Yes; two.
Q. State their Name.-
A. Nicey and Sidney.
Q. State the ages of each one; Nicey is the
oldest, is she?-
A. Yes.
Q. How old?-
A. Seven last June.
Q. How old is the other one?-
A. Five years old past.
Q. What is its birthday?-
A. Last March it was 5 years old.
Q. These last two haven't been enrolled and
received no allotment?-
A.
No, sir.
By Mr. Rodgers:
Q. Did you ever go before the commission
yourself, Gilbert, to enroll?-
A. No, sir.
Q. Did you ever go before the commission to
select your allotment?-
A. No, sir.
Q. What was your father's name?-
A. Aaron Arpealer.
Q. He enrolled you and your wife?-
A. Yes, sir.
Q. What was your wife's name?-
A. Martha Perry.
Q. At the time he enrolled you and your wife
you didn't have any children, did you?-
A. Well, my wife's father was Charley Perry,
and he enrolled her.
Q. At the time then, that you and your wife
were first enrolled you wore not married,
were you?-
A. No; not married.
Q. Do you know the year that Nicey was
born?-
A. Yes, sir.
Q. What year was it?-
A. Month of June. 1903.
Q. What day in June? Do you know the exact
day?-
A. Seventeenth.
Q. What year was the other child born in?-
A. Born March 20, 1905.
Q. Both of these children living now?-
A. Yes, sir.
Q. Did you ever make any attempt to enroll
either one of these children?- A. No, sir.
Q. What is the reason, Gilbert, that you
never attempted to enroll yourself or your
children?-
A. The other people told me to not enroll.
Q. You didn't believe in the enrollment-the
allotment system-did you, at that time?-
A. The other people told me not to enroll.
Q. Some other people persuaded you not to do
it?-
A. Yes, sir.
Q. Other Indians?-
A. Yes, sir.
By Mr. Hill:
Q. What year were you married, Gilbert?-
A. 1902.
Q. Whereabouts?-
A. Close to Arpealer post office.
Q. Who married you?-
A. Old preacher named Alamus Williams.
Q. Your first child, yon say, was born in
1903?-
A. Yes, sir.
Q. What doctor attended your wife at that
time?-
A. Didn't have no doctor; we had two
midwives.
Q. Have you got your children here with you
to-day?-
A. No, sir.
By Mr. Lindley:
Q. You stated that your father's name was
Aaron Arpealer?-
A. Yes. sir.
Q. Did he hold any office under the Choctaw
Government during his lifetime; and if so,
what was it?-
A. County judge.
Q. State whether or not you held any office
under the Choctaw Government: if so, what
was it?-
A. I used to be clerk.
Q. Clerk of what court?-
A. Choctaw court-counts court.
By Mr. Rodgers:
Q. What are the names of these midwives that
were with your wife when this first child
was born?-
A. Rena Orphan.
Q. And what is the other?-
A. Dicey Hawkins.
Q. Did these same women attend your wife
when the second child was born?-
A. Ida Eddy.
Q. Ida Eddy was at the birth of the second
child?-
A. Yes, sir.
Q. Are all three of these women living?-
A. Yea, sir.
Q. Living down there in your neighborhood?-
A. Yes, sir.
Counsel for claimants request that they be
permitted to flip affidavits of the midwives
who attended the mother of the children at
the births.
By Mr. Pollock:
Q. Gilbert, what was your wife's name before
she was married?-
A. Martha Perry.
Opposite No. 182 on the final roll of
Chickasaws by blood appears the name of
Gilbert H. Arpealer; 26; male; full blood;
census card No. 58.
Q. Was your wife a full blood?-
A. Half Choctaw and half Chickasaw.
Q. What roll was she put on-Choctaw or
Chickasaw?-
A. Chickasaw.
Opposite No. 4908 on the roll of Chickasaws
by blood is the name of Martha Perry; 18;
female; half blood; census card No. 108.
Q. Do you know Albert Perry?-
A. Yes, sir.
Q. Was he any relation to your wife?-
A. Brother.
The name of Albert Perry appears at No.
4909, same census card.
Q. What was her father's name?-
A. Charley Perry.
Q. On the Choctaw or Chickasaw?-
A. Chickasaw.
(Witness excused.)
Ben Alberson, sworn and examined as a
witness, testified as follows:
By Mr. Lindley:
Q. Do you know Gilbert Arpealer?-
A. Yes, sir.
Q. Do you know his wife?-
A. Yes. sir.
Q. Do you know his family?-
A. Yes, sir.
Q. How far do you live from them?-
A. I live there at his house.
Q. How long have you known him?-
A. All his life.
Q. Do you know his children?-
A. Yes, sir.
Q. What are their names?-
A. The oldest one's Nicey and the second one
Sidney,, and the last baby is Louisiana.
Q. Are they alive now?-
A. Yes, sir; was alive this morning.
Q. Can you give me the ages of those
children-Nicey, for instance?-
A. She's about 7; I think she was born in
June, 1903, I believe-I am not positive.
Q. That's the best of your recollection?-
A. I think that's the best of my
recollection.
Q. Can you tell about when the other one was
born?-
A. Sidney-I think he's about 5 years old; I
think he was born in 1905; March, I reckon.
Q. Can you tell the month?-
A. I think he was born in March.
Q. That is your best recollection?-
A. Yes.
Q. And you say these children are both
alive?-
A. Yes, sir; both alive.
Q. And do you know whether they have had
allotments or not?-
A. No, sir; they haven't got on allotments:
never even got no townsite money.
Q. You are the interpreter for the Indians
in that neighborhood generally, are yon?-
A. Yes, sir; they always send for me when
they want interpreters. I do the best I can
for them.
By Mr. Rodgers:
Q. How long have you lived with Gilbert, did
you say?-
A. I have lived with him a long time.
Q. You lived with him when these children
were born?-
A. Yes, sir.
Q. And their mother, what is her name?-
A. She was Martha Perry before she married
Gilbert Arpealer: she's Martha Arpealer now.
Now. I can't remember the date or anything
of that kind.
Q. But you were there and lived In the house
at the time they were born, were you?-
A. Yes, sir.
By Mr. Lindley:
Q. Lived there ever since?-
A. Yes, sir.
By Mr. Rodgers:
Q. How old is Louisiana?-
A. She's about three now, I believe.
Mr. Lindley. We didn't bring that out
because she's too young.
Mr. Rodgers. It is admitted she's too
young?
Mr. Lindley. Yes.
Q. Do you remember who the midwife was that
waited on Martha Arpealer at the time of the
birth of these children?-
A. Mrs. Nelson and Rena Orphan attended to
her when this Nicey was born, and when
Sidney was born Ida Eddy was the one.
By Mr. Hill:
Q. Ben, did Gilbert belong to this same
society or association that you belonged
to?-
A. Yes, sir. (Witness excused.)
December 1, 1910. Ben Alberson, recalled,
testified as follows:
By Mr. Lindley:
Q. You went home last night, the 30th of
November, and you are here the 1st?-
A. Yes, sir.
Q. State why Gilbert Arpealer and his wife
are not here.-
A. His boy pretty sick this morning and they
didn't want to leave the child; he was
pretty sick.
Q. Gilbert himself wouldn't come, and of
course his wife wouldn't come?-A. No: they
both didn't want to leave this boy Sidney,
because he's pretty sick.
Q. Was you there at the house and know?-
A. Yes, sir; I Was right there: I stay
there; I live with them.
Counsel for claimants ask permission to file
affidavits of the midwife.
(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 27th
day of December 1910.
R. P. Harrison,
Clerk United States Court,
By P. A. Harrison, Deputy.
Department Of The Interior,
McAlester, Okla., December 9, 1910
In the matter of the application for the
enrollment of Nicey and Sidney Arpealer as
citizens by blood of the Chickasaw Nation.
Proceedings had at McAlester, Okla.,
December 9, 1910, before W. C. Pollock,
assistant attorney, Interior Department.
Appearances: M. M. Lindley, attorney for
claimants; Rodgers & Clapp, by George D.
Rodgers, attorneys for the Chickasaw Nation.
Martha Arpealer, being first duly sworn and
examined, testified, through official
interpreter, George Nelson, as follows:
By Mr. Pollock:
Q. What is your name?-
A. Martha.
Q. Martha what?-
A. Arpealer.
Q. How old are you?-
A. I don't know.
Q. Are you a Choctaw Indian?-
A. Yes, sir.
Q. Full-blood?-
A. No; not full-blood.
Q. Are you on the Choctaw roll?-
A. I don't know which roll.
Q. Are you part Chickasaw?-
A. Yes, sir; part Chickasaw.
Q. One-half Choctaw and one-half Chickasaw?-
A. Yes, sir.
Q. What is your husband's name?-
A. Gilbert Arpealer.
Q. Have you any children?-
A. Yes, sir.
Q. What is the name of the oldest child?-
A. Eliza.
Q. What is the next oldest?-
A. Sidney.
Q. Have you any other children?-
A. Yes. sir; one.
Q. What 'is that child's name?-
A. Lucy.
Q. How old Is Lucy?-
A. She is going on three years old.
Q. Is your oldest child named Nicey or
Eliza?-
A. Nicey.
Q. How old is Nicey?-
A. Eight.
Q. Do you remember what year she was born
in?-
A. No, sir.
Q. When were you and Gilbert married?-
A. About eight years ago.
Q. How long after you were married was Nicey
born?-
A. About one year.
Q. Did yon bring Nicey in with you to-day?-
A. Yes, sir: she is here.
Note.-Nicey is present and appears to
be a girl of 7 or 8 years of age.
Q. What is 'the name of the next child?-
A. Sidney.
Q. How old is Sidney?-
A. About 5 years old.
Q. When was Sidney 5 years old?-
A. He was 5 in March.
Note.-Sidney is present and appears
to be a boy of about 5 years of age.
Q. Did yon make any record when these
children were born; write it in a
book?-
A. I have no record.
Q. Who was there with you when Nieey was
born?-
A. Rena.
Q. Is she any relation of yours?-
A. No relation.
Q. Is she here to-day?-
A. Yes, sir.
Q. Who was with you when Sidney was born?-
A. Silva.
Q. Is she here to-day?-
A. Yes, sir.
Q. Is she any relation of yours?-
A. No, sir.
Q. Any relation to Gilbert?-
A. Yes.
Q. What relation is she to him?-
A. Gilbert's mother.
Q. What was your mime before you married
Gilbert?-
A. Perry.
(Witness excused.)
Rena Orphan, being first duly sworn and
examined through official Interpreter,
George Nelson, testified as follows:
By Mr. Pollock:
Q. What is your name?-
A. Rena Orphan.
Q. Do you know Gilbert Arpealer?-
A. Yes, sir.
Q. And his wife?-
A. Yes, sir.
Q. Were you present when the child was born
here?-
A. Yes, sir.
Q. What is that child's name?-
A. Nicey Arpealer.
Q. How old is Nicey?-
A. She was born January 17, 1905.
Q. That Is the child that is here to-day?-
A. Yes, sir.
Q. Do you know when the next child was born,
Sidney?-
A. No, sir; I was not there then.
Q. Are you related to George, or his wife,
either one?-
A. No. sir,
Q. You live neighbors to them?-
A. Yes, sir.
Q. You know that this boy, Sidney, is their
child?-
A. Yes, sir.
Q. But you don't know when the child was
born?-
A. No, sir.
(Witness excused.)
Silva Arpealer, being first duly sworn
and examined through official interpreter,
George Nelson, testified as follows:
By Mr. Pollock:
Q. What is your name?-
A. Silva Arpealer.
Q. Are you the mother of Gilbert Arpealer?-
A. Yes, sir.
Q. Do you know when his boy, Sidney, was
born?-
A. Yes, sir: was there at the time the boy
was born.
Q. Can you tell how long ago that was?-
A. He will be 6 years old in March next.
Q. How old was Nicey when Sidney was born?-
A. Nicey was about 3 years old because she
is about 7 years old now.
(Witness excused; case closed.)
Lee G. Grubbs, being first duly sworn,
states that the foregoing is a true and
correct copy of his stenographic notes taken
in said cause and said date above mentioned.
Lee O. Grubbs.
Subscribed and sworn to before me on this
14th day of December 1910.
R. P. Harrison, Clerk,
By A. G. McMillan, 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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