Oscar Casey, Chickasaw

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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



MLA Source Citation:

United States Congress. 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. Department of the Interior, United States. 1913. AccessGenealogy.com. Web. 21 September 2014. http://www.accessgenealogy.com/native/oscar-casey-chickasaw.htm - Last updated on Oct 15th, 2012


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