Nicey and Sidney Arpealer, Chickasaw Minors

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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.



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. 31 July 2014. http://www.accessgenealogy.com/oklahoma/nicey-and-sidney-arpealer-chickasaw-minors.htm - Last updated on Oct 15th, 2012


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