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1.In the Choctaw and Chickasaw Ci ti zenship Court,sitting at Tishornin7o, I.T. May 2, 1904.--o--Newt, Askew, et al, No,andVim, Quint Askew, et,al, No. 2,16.6140,WV7 4...MThe Choctaw and Chickasaw Nations,Present and presiling the Hons. Spencer B. Adams, Chief J .,cite,Walter L. Weaver and Henry 5, Foote, Associate J"' iges.ApDe -ag, L-moos ,Thos. Norman, for Plaintiffs,lansfield, Mcilurray & Cornish, for Defendants,--o—MAY 20, 1904, This day this caure corning on further to behen,r1., the following proceedilags were hal to-wit;Mr. Norman;In this case we have a motion to take evidence in Alabama,Lauder hale owty, This motion was filed April 20; mayI read the motion?Judge Aiarrn; Yes, sir.(Mr. Noriou, mails motion)(Twist 'A laLis ; Has a copy been served on the other side?Mr. Norman;Yes, sir.Ju lge AdaLls ;hat time did your peoTlle or ancestors remove to this

country. ?NorTann; I think sometime in the ei Ati e; I am not able to stateju*3e. Alga?!poitively, but it wasbefore 830, pprmibly about '07,,Have you aily eviiece you lesire to offer today.1;1,,ir„ Norman;;C deie to take what wehave twiny rind then takej111#?7,e Adams;Co rldother, -but before we -.::..)roceed to .ht, pertait me to !rakea motion, in .case No* 2, William Quint Askew.Nonnan reads .rration to consolidate case NOP,Are the faot aet oL..4t, in, the refii.avit conceded by tDefendants?I understand th.4,t to be true; ,vid 1. any Fifty ti:rm,,t I t..:ink itklflo true of the h11%1„ Bennett Case, tried at Zouth,zter rind vfiich trn.nsferred to this iiiakm.t, DDcket„Adflms;:iinto in attorney in h Ell1. ziennet Ca o ?Cornish.;Charbe s; I also unierstrart tht this fct 11 trueof oae 68 and 39, on this Docket.Normaii;I think there loco -1110 are also relate1 to the Askews, butI do not represent •them,• CO sh;Still where the lerr!.o are rela• sz)ri7 from theSaf'Zie Source , the court has alontel the nrrictice of h.avingthe testi ony in one case v -ply lh anotLer„Ju't7 Adams;will wake t} .:e .icr onno1i iatin the Fl etwo cases, butto would not cleire to .c. ...iselidate 0f3eS in the absence ofCounsel, 'but you can file such a motion if you no (.1.017iro,•This motion sets forth that this min desires thene .two cases,0

coisolidated, does the Court intend to try them under onetitle?Judge Adais;No, just let the evidence be applicable in both cases.The titles of the cases will rennin as they are.Mr. Cornish;We wish the rule applied to narties who are not partiesto t'e suit.(it was so ordered)Mr. Norman;M. Askew,a witness called by the Plaintiffs, being clu"y sworn,testified as follows;Q.- 141,t is your nane?A.- F.M.kskeW.Q.- What is your a?A.- Fifty _e years, the 14th day of next June.Q.- there do you reside?A.- larietta.Q.- Are you a. citizen of a4 Indian Nation?A.- Yes qir,Q. - WhatNation?A.- Choctaw Nation,Q.- Are you a member of the Choctaw Tribe of inillasz -7, Inliann?A.- Yes, sir.Q.- 're you enrolled as such a member?A.- Yes, sir.Q.- ho was your father?A.- lurrill Askew.Q.- ';11() lArels your mother?3 .

Asker.Q. - -hat w-ks.1 her lialce before marri ,ve ?A.- -U .:aThrou rihom do you trace your Ilitian Blood, your fatheror our mother?A.- father.Q.,- i1urrii1 kph- .A.- Yes, sir.Q1- *hat arount of 1liin Blood did your father norsesA.- A quarter, I believe.Q.- A quarter Blood?A. Yes ,Q.- Throuth whom lid he trace hi In1ii. Blood?A.- Throu'th his father.A.-61-kat was hi s father' n 1/:r ?t^^,AskeT.‘.3,mount of LA.iiln Blood lid Aarci, Askew have?He claimed to be a half breed?here is the father Trd moth,- r of Aaron Acker. now?A.- They are d ad.Q.- All dead?A.- Yes,;then :.7Lid your father lie?A..- in 1 January, I believe it 771.13.Q.- When Tidi your rothc,,:rA.- ..7.he died in 1898, June.Q.- ,hen did Aaron Askew lie:A.- I believe he died in 1562, October 1602.Q.- o you ret,'...(ember havin,?; F3een Aaron Askew durin i7, his lifetime?A.- Yes., F..4ir.

Q.- How old viere you at that time?A.- ell, I could not say, he looked to be -In oil man.Q.- Deicribe hi m to the Court.A.- In vhat way,Q„- Describe him, such thL, as will bring out hisraci al appearancesA.- ell, he vi.1,s a little bit taller than I qm -In', he war, veryQ. - "hatdark coLrolected.vP-3,3 the color of his hair.A.- Well, WhCI I knowed him he wu pry.Lam Aaron Askew or not, an Inlian.Yen, sir, he clai!1;e1 to be.r, Co rni sh;We inter)ose VI objection to the luestin and the answer,for the reason thnt it is the proluction of evi:lence by wayof hear i ay, to establish blool and racial F,tatus.A. - (Con.) Th ,lt ig what I c looked like, I .ion't know what hewas.("\ From Yhat narticular InTln Tribe or family was he descendantA.- e claimed to be a Choctaw.11C OD mi. ; The Nations interpoe the are objection heretofore statedand set forth the sar:ie reasons.dge Adari@;Q.- Ali he tell you he wn,s a Choctlw Lillian? A.- YOB, Rir,Mr. ort.lan•Q.- bo you remember whether he s:r,oke the Choctaw Lazi.77u ,y;eNo, sir.Q.- Do you realemocr whether he did °in° t?Q. - Butoil, I cannot say he did; i know he did not talk podEn1 sh, out I t know Choctqw from any other Lanr„ ..;11,16.7you did know he did not talk ,lood E11-71ich?*

A.- Yes, sir.Q.- How did he in-Ts?A.- Just corn= clothes as any body else; he usually •roreC1,10 , never saw him with a hat on.Q.- Did you ever see him with a air of shoes on?A.- Not that I know of. Seen him inThere was no shoes in that country e.ce .pt what was male;if he had aiy that he Ira le I don' t remember it.Q.- Is the Aaron _"-IskEw you are speakiii about the same AaronAskew that was Tax Collector in Lauderdale County, Ala,banA?A. Yes, sir; 0-furliathcr was truc collector for fifteen ortwenty years.Q.- Do you know any t.,13o iersons by the name of Aaron Askew?A.- Only know one,C.- That is the one you are sneaking about.A.- Yes, sir.Q.- The parties in th„s suit are Net. Askew and MurrillAskew, William Quint Aske and their descendants, arethey relateti to you in any way?A.- I have always been tau,tt that they were; believe theyare.what is the relationship edstinp: between you and them?P. Newt,, Quint and Vi.nsh are qr first cousins, according tomy kilo- le:1,-T.Q,- Who w s their f. ,:ther?A.- ThA in all hear say with me too, their father wasAskew, brotirr to my father.Q.- Was he a full brother?A.- Yes, sir, that is what I have been tau,jat.Q. And he was a child of Aaron Askew,6.

Yes, sir. They lived at my hou::e when I WAS small and itwas always Lau4t me that they were Ny cousins f.1n4 thatis all 1 kliow.They Iive1 with you?d t my father house.How Jii it ha7mr.u.. that they were living, with your father?A.- A fellow nrzed Holden was their r -:pardian and they did notQ.,A , - Yoe . 0 ,get along 7T.l and father brou(tt them over to his housen while and two of them went to a man nfTJmed V;Orie. Washrtayed there and was there when the War came Nand the other ()fie went withere t h y aiwys treated a.smembers of your fardly?Q As IT mberS by blood?Norrnan;derire now to offer in evil ,nce a certificate 'ror jBlair noenfelt, United tate Indian Ant, RS follow;(Mr, Norman reads the certificate'ToorreltIn lian Aprnt, markol Lx. "A")Cornish:pre7.ue you introcluce thic the basis of secondaryevidence?Norral.n.;CCo rid ; Ut) what oi nt?r. Norma;show that the ymers and records.cind affidavits offeredbi . Arkm in his case-- that those parties, 7ho werenon-resilents of the Lftlian. TerrYciory in June 1896 and personswho at that time were dead, h11 all been destroyed and we,T,k to introduce the contents of these papor3 and affidavits.

m'ver1UJu le 11.rnf.' ;,Aormaa;Aida, Ad%mo;ere they introduced in4thiv-Az ;„,)ftSe.• J. , 1*,r, 41„,,4:4;••,-an'A.Inlift41.Acignt in 13'6,vcii '.10e of the PArtiell !,Amte deaatottI un ,%ervtand Coxhrotr! ,were nbnr i1et of the IndiAn 'Territory,e e them cempetnt evidence in thesewom nQt Lfl 1JJ6 tr, Yt wi1 videncebeen able to find them,11 Jr. rGoe .; . .„ff,1,t the aust:ylian, of Affidavits?Nomrull I omie. letter f••o .m .aenciiti on about ti .tt„juip Adlms Were the parties in this suit parties to the nreceedirqin whia these refidavits were filed?Noitrlin; No,Jwi.The nf.trtioo in the preent a9130 wore not rmrtiorc to thenro.ceediaz, when these afftdavits rere taken?• No rum ;A -1:ulc;It j5 true thA the rtt of June 10 4 1896, iithoriZor, thenrior toDtwe r. on to consider la I affidavits taken -!Ti5 thattire, where the ritnease were dead or beyond the limits ofthe Territory, but you prepose to show the contents ofis:avits used in anoter nroceedtn77?Mt, Nelmril Yet,Bir, tht were used in,..rvothea eed_nE„fr • MAnIfieli:These affidaiits •an only be mr00 competent in thisCourt, by havine: been trlade competent before the DIWOS Cori..

Lir Norf ,.n.;judge it iin -misoion. in 1896.fqr .92 we ire -mncerned in 1896, at the time re filethe app1ication in this cane, the owe on trial, we filedrith the papers, in that case i 1606, rt motion to corpelthe :production of thee Doers; we lid all we could; ifthey were 11•t proluted it certainly is not our fault. and...out not be chrd ri::T.rtin;7t 2s. Vie did all '7,fe could,Now ., re have never beet able to locate them at any time;we 11,[otir that the office Inv been destroyel nxvil ilcontcntr. We tin- mircient to int1:7oduce secondaryevidence s; The point we 1.:n3e is this' to be i.,,,unetet evidencein th.iJ: Court it murt Lave been made competent it 1896thc certificate itself howe that the office •nrild record s weredestroyed in 1683, o..everal yerlrz 7.1,f'itor 19C, ile couldprof now this care in V -ir, ray any 1..:'..xDre tllinhe ...01,413. 77 -1,y inf5tractrA Pnt to have an affidavittrp..e 3tild filed t ccuie !Ind he fRilei to do it !Indwe cmot now fini it. aotever took pl.T.:!;e in this cane,•nlict have taken .p11.6, in 1896.The Attorney's positiot ii that he has done ever ycould to procure the affilAvitn. but the question In, are theyc .Ympetent at 9.11 1 don't think they are ootpetent. In thfirt place I lwi't see how you couli nrove it in this wayfrom the founition that you have laid; in the r7econiplace if you 7/11,,., the affidavits here a0,d they were takenin a different prooeelif I do :.ot nee how you could optthem in this case s Thin Court has held that where tLe

tl.en prior to juo:c the Act of j'ae 10,in ti s proceeding, riot just arly procecinp,:, Pndfuel with the Comin!lion rtni plosci on b y the Comdssiomth-t this Court will consider them. Of course, we couldnot ler.*to'l t t without the iut ... rity di ite1the stqttc.tar. No mann; Are you rel.,,ted ii ily --rty to the Frazer Iviiy of Cho:ArmIrdi ruasA.- I lave been un tl.at I -, rn.Q.- Are they f.11 or mixe .1 bloods?A.- I uaderst.val they -Ire 1'111 bloolz.Cornich; Ve object to the riuerctinn nd nrinrer, it seeks to eFAlblirliby Le9r my, 112ool rael rci ni status.Nort,r11;Q.- In the 3nne which you f iled with the In 1 im V:ent iid youintro luce alny affidrwits or evidence from ft full blood InlinnCruzpbell FrIrler?A - N, sir, re took 1i1r4Q.- You ri/ci hi eodtioni?A. - No, rir, tye 4,,00k hi c! to

- MurriCros;• You or:1y y••:1;L are' fifty tro yei,r7 011?Ye, dr, no, I tirn in my fifty fir7t ye cr ,111 1de fifty to your net th (.1A.- Yes, sir.Q.- You were born in . ribarna.hat (:tolL ty ?, r 1/1 eThat i the ectreTre north weAena county in the Stn,teAlaLarna?A.- Yes, sir,Q.- it i north of the Tennewsee •ivr.z?A.- Yer iir ,- t bordor on the ee Line?A Yes, sir„,You 77erc born in 1651 or 52.?In 1853, 1 rmid.frAi ci your father ii e?A.- He diet, in 1882.Q. How old w9.1, he when he • iiel?A. - cli, he v19.,n aarnev,-7116 re in the ei,itie, t hiow C X,—acti yfAt7. -Tr.YcY,•;ir rcatzsTr• *malt nmed w1it?•Q 1832 iwiz Or' 'iiT S 011?Yon, sir.Then he was born out 1802.

onA.- Yen, dr, 1 thiiik hc 77'$,,la-t,tis about correct?.dr.century,Q,- He was born :nowhere 9bout the bnnin of the crtvrtru.,:a3xx41.6 - es,sir.sq, • , -1 Le re IT he born?A. t tell you.you flon't know thq,t he w9.11 not born in T.ottierloCounty, ,r,thero you fi rr r8.-m the 1 i *It ,'71.0 you ?A.- No, sir.So fir n,s you know he r9..p.?A. • "" Yen , 711NO,You have no knoviedse, either th.rou.,:t.the femi y , or otherr3ethit he N119:131)0171 !Iny ..71-iore el ne :Q.- Where (1.1,-4 your ther die?,- he liel in the Chickaw Nation, ne ,Ir IA0140nLauic rdal o Co:.).:nty?•"" In117X31did you, .1d.ai your flther and his fnmiiy, leave•'" hero did You stop firlt when you left Aib?A.- I cone ritt on to the Nation, but my fs..1,,her ,...1,04k, ed. inDenton County, -old Ann linen' i p1 njce.vvCyel,r 'lid your father come from bj:ia to Te .913?in 1331.Q. in 1001, your fther removed from Alabtunn., to Denton CountyTcxaz?A.- Yes,•,4.- How lorwdidirniu. . father live there?

A.- Tic wont out there in jinunry ñ lcft there Novetther,- Didpnci come to the Terri tory.he TrOVC back to Tex,7ts at ally tine?It.A.- i4o, slr.Di.i he live ir the Territory until his det i. ,71],o -t -Urnafter?A.- Yes, rir,,What other 'xinbern of yQur frtthrtr' wcnt to 'exlsi".A o bro the nsTr,„ W10Arkcr 2,11 ,1 Nowt.t'-x,y buy 1 ,1cid in Text-Ls?What 7.11. -1 they rlo the yor they were there?A.- 11a le a croy).Q.- They rented land?Yes,C.- Di1 1,11,y member i:)f your f other' ily °yin lM or buy 19.,in the rtn,te ofezar.?A.- o, ir. They cc to the Thnitoiy ri yllt in a claim,,sir.-cnf r the in ri ittthey first came from Texas?C ,Yam, .., 917rt1'C i;Ly cli1 they go to Tex?L:to f.,,v or here ,71/11 went to Council to do it.,'.:10r1 t 1(1 It Vlarl their intention to come here wheni nft- ant is your eclration o f the fact t: At they 11 toe rt ?A.- All I know istLaL they 2,0 there, live:1 a yo-r 11,a,

to the Territóry, ni f ,..t.„„cr brothcTfl went to Council'Your fettlr cic url from Temi,s n.nl, put in a1'40,r, my brother' s ',Tit in a clim.- Who repro .,:ente 1, thelL before Co unc i 1 ?Sr° rth firrt !Itur,l-tkp„hommq,, Green .McA. Tell.r+ts not t:i IT•ri Cjbci.l Frior y awyer?A,- 1 "qt.t .l't know he 7/ .111 a lawyer.Do you me9r., to C.: t e thr)..t t 1.17,yer?•A.- I ion't know.Wn.s not ho emnlvf:1 to look 1,fter your 011171A.- No, cdr. If he w,J.7I Tor -1 1 '6 know it.Q„- You ,iciu't kni .)77 much about the early history . of the claim?A.- No, air .'400 -JustAcrc y 'J . at Co H 1 ?Yes, sir, but I 'ion' t remember him bein2; a lawyer.Aor , what otherA about t - at timeTL.-kt i 'rt./ 1 1 rcme Ḷibc., rthe iesconinntr, of urrill Ar;kew?Ye drThee ethers not come on untilEl of the Askew qrri. y rovc.1 west from• How tinny chil.iren Aaron .M.1: key! have?• ion' 4,-, leitor.Q.- '';e11 you can nanio s,Drne, cw -inot you.A.- 1 cln nariie il i knew.4rot-..:e, Murrill, they were -L. ,eonlyboy ': know. The were `Ulla, Betsy, Eltza .arli Love.have bee.ii tali that Torn Askew rts 9, brother of my father,but I nevt..sx knew him.

Q. -A.-mon,e rlear.1?I sunlose so, I never heari of him flincefwent to 71IQ.- To what War?A. - The Civil War.Dii he have a faEily?A.- Yes, sir.Q.- Where are they livin?A.- In Arkansas.Q.- ':here in Arknnsas?A.- On White 7iver, nerie place.. The.: have never !novel to thi s Nation?A.- No, sir.• Thc have no clrlim as fir as you know'.No, ;lir.- Murri 11 Askew wn,s your father?A. - Yes , dr ,Q.- ',,f11,-1,t chiliren di" he have?A.- He had Cleo ' Bell,. Vaa. *Aaron, 1'1 t Th Eli za, Mn,ttie ,Tom, jullus, Dora, he is eller tiwi Julius,Is that all?A, There is one de q1.Not!, all of there chil+ren of your father move out of_,,.1.‘n;barna into Texas at the titre you moved?l\k),Q.- There are some of them livin7, back there now?A.- No,th- Where i 1T Frrit 0 1 le si r?(*I`4,/, • -Where ill he lie?A. - In Alabama?DiI riTe have .a family?

A Yes, sir.Her ienceniants now live in .klabama?No, sir; they are out here, one of them lives back thereQ.- Hs that one any claim for Choctaw Citizenship?A.- Not that I know of.that about Bell's desceiyiaiAs.A.- They are all on the rolls,Q.- Are all of the descendants of there children that youhave nr,Trri, all living in the Chibcta.w Nation.A.- Yes, sir,You say one 'lesceniant of Cleo i now li vin 7 back there?Yes, sir,In that m‘ln, or woman, which e ler it is, the only livi_ -descendant of your father, who doe- not live in this country?Why, of hi s in. Turd fai-rd y it is.Q.- All of 9(q_ s descendants are here?A.- Yes, sir,Q.- DH Aaron Askew have a family?A.- Yes, sir,Q. here do her children and 7anichildren 11_ v e ?In the Terri tory?Q.- And the dencendarit of :_liza?A,- They are here,- And that is true of al 1 these children of your father?A.- Yes, sir. Every one that in alivr, excent that one eldestsister .Your father's sister :lathe, did she have a family.?- The elirQ they living?. Part in te Choctaw Nation and part in. Have theyclaim?QA.- Nothing more than a CO UTt JUc3cemert,

A'. 40F; case ?t in tLisQ. .L2 -t, Court julTient; is their name Hill?A,- fpc., ir ,Q. - )ut Aunt ]3e y ?A.- I ions t think r3he 'hap :y rell„tions.0.11, i }loiter.Q.. - re i he 1.i vin7,.A. So:. e where in the Choctaw Nation,A - Ye 9liar; he a citizenshi -o elqim?rQ.- t ofA'1Rip"' Cot hi fl in before the L/OUrial1 it out Aunt Lo veI or1.1-1.Lo t tell you 1.bout her,flU she hq.vo 7,, Card ly?f7.7'••• k S• • f,ir ehere are they I i vA. - I 1Jon' t know There thoy live ,11 4 — Ifo f'1- RS you know they are now in Texa ?1 i exo ent onethey ,Ixe 1 vi at all, I they are in Ter; They,co. e Lo, Tee,r). when they lift Al ablmafor as you know, they have not lived. in the Cho et -wR • • •1 • 4.,• V -7; , 77 . •1 .4q, (A. 01-1 q•11- e no (.;1 ,:tirn ci Fh.1.(!)F..,rfjr-1 ,r1I n:uout za?A.- .1.€7, in TC7K11;A Ye rLn.v e a frt„rd (.(s ‘ c.1...1 7 'iron r4.nfl Fcrmich i dren?A. - 1.c ,,.nnot 21,y '1.„bout the [7. - 2.11 .1chi- -1 7 - -; plc had children.

None of them moved to the Choctq,r Nqtion, o .fle,r ss youknow?A.- No,Q.- And they have no clq,im nen -lin7 o f ,„r_ No, sir.you knor?n _ Your p7.nri1fnther Aaron Askew, you -17 he lie -3. ihout 1862?A.- Yes, sir.Q.- Hor Oi. war he when he lied?A.- I don't know.-e wu i. ve, ry old nail?- Yes, sir.Q. - there w he bona?A.- I don't know.You !- -A.- No, sir.ye no infonn,tion n:s to There he 177-s burn?Q.- You lq,ve no information thflt he ever lived out7i -le ofLquier -ls,in County?A.- No, rir.. he was q, tres,cher, wn,In't heA.- Yr-,C.- He rreq.chrd to white Deonle?A.- Yes, sir.ere there qny indigins livin7, in that country?r, , Not. tl?nt I know of.(2.- he preq.ched in the L1I sh Tan ac?A.- Ycs, sir.Ll'"e was a nuo.ic offi-ds1 of that county for 1 =-tmolly years?A.- Yes., sir.A.- Yes, sir.was Assessor and Ta,K Collector of Lauteriale County?

Q.- e was a citizen of the State of Alabama:•A.- e2s he was.Q.- he owned land?A.- Yes,Q .- How rruch lqnd did he ou ,n?don't recollect.Q.- How old were you when he flied?A.- Seven or ei yen.rf,, y be nine.Q. - You have been at hir . horueA.- Yes,11111-.1.-1,t was about ei tt,--t or nine Liles from Florence:"A.- Yes, sir. More than that, about 12 or lb rni es .Q,- tour father Illerrin Askew move to lexas in 1332, ri ;;htabout Iere, and then after he lived in Ter-,smovel to the Choctaw Nation and nut in a claim?A.- lie, never stayed in lex-.s (-mite a year?Q.- Council rejected the claim?A.- No, sir,And he tok an lrYneal to the In•1i Ant?A.- That w s becaue we nev r --rt a decision .`,,ouncil lid not admit him?A.- 140,0.- qTen w-ts take_i to the United :!tates Indian Ant?A.- Yes,Q.- And there were admittcl by the United States Indian MentYes, sir.Q.- Where w'is your father's residence when he apnlied to theCou;.cil for arimission?A.- 4 was living chyle to Denton tom, in a mile of Dento.d.Q.- in this Territory?A.- No, sir, in Texas.--1

'7771,7! ',..!,W7,77"•-:-117..f..1,ti en heaor1...ied to Council.?No. sir, i.e never .brothers and me out in a c11.1.m„A.(11. R,Tyol ed to Council?Yes, sir.Tid anply; nw father new, r 3id I:o .-11,y.,•- Then he Tas livino in Denton at the time the claim wasmade?Ye,-,Norrr(arl;Re-_irectQ.- How ion 7 lid your netition hang -up before the Choct.2.77-ion't know, sevcra).. years?Q. - Remember how lonrr, it 77-,s before your friiy Ept a iecisiA- someon it; reember in vihn:t yePr it was?tine in the it q.,poe ,rs to me it wn,,s in '89.Q.- You di rremerflo r the exact yearA.- Yes,A .Was your father a preacheriYe.,_°, sir.A. - '07,Did he fillbefore he movrd Tar here?ii,istry for a norti ,,in of a yenr in Texas,sir; at Pilot's Point, Gainesville and Denton.And afterwards mu- is he come on to the Terri tory?Yef-, sir.Q - I wont to ask you about Aunt Eli a, who lid he marry?tioc' DouDo yo ::t know whether or not her descend-its are now on tileroll?A.- No, sir.

-Tho you knoTwhether the Ho 1 co-4/ are on the "Roll ' ?A 110-1,r(1 they were ?..74x7e n t apoli crt: :t in this cm; e?A.- AO, sir.If -,7e (Tri. roll it w77.1 no -4 , 17.'71.:-'Yie (!onnecti onin which you 7.03 p acc -7. on the roll ?Comi sh;„ ?..10 rrinn, kei you 777::. r f y , I uri r'ord, y)u. dii not t ,Cti On at -11 9A. - It 17 ,10 before the United Ctates Indi n A nt, I it dsly i pot action bef.re the Council at all.When ILI you :JA, action before thf Council?Af ter it wqs b ore the Indi A/Tnt it VI c rlArri c7 I back.to Co ucil E1 we ,sot notion then ; I t -1:1,1t year.wrt.F7, , I think it wu onewhere onz, %bout 18139Q. - You ryn, le ampl. I C qtli On in 132 11ri t q,„ c ti on in 1339?A.- -e2, -iritners emasel.D.B- -0 --a I'd Till el by 21 fs, heir iuly rvom teshtt i your name .•••••1. '7', your ,rfA.- 4.7.*,- Where v e ?tta, Chi c kaS 77■4 7 Nation.-

himA. - Yes,^.- 1, 1-1i,t Tribe?A.-member0e jou upon the rorA.- Yes, si A •-!,uch?Q.- iou hive ti,,k(n your liotment n,F,1 a Choctiy,A.- Yes, sir.Throut whom r:lo you trice your In11 ,112. Blood.?Throu.rh my father?fl. - 1i,tr-- his nir,r 9.Askew, Murri 1.1 Askr -- .Throat wh.om. your f r tri,ce B1,-)od?A. - Throut his fi.t ..H.er?ris his r , r.x?A.- Apron Askew,0. - Are you old enou i to remember ihythin7 Askew?• Yes., sir, reL.e,riber -very• , „- You dive no Tpol. recolleotion of him?• I rerneribcr him it the time of his„j .pir] •. , „ 4-,..7“,1 , fi" +I-it you have been enrolled, 111',nil in, st ,te to the Court lieonle or family of reonleyou bolonz to, or .rl.,re ,lecendint from.im of the Frer Purily.Q.- 'v.i -At were they?A.- Chocti.To.Q.- 'hoctir Initins?A.- Yes, sir.Full 7101 4' 4 ~, 9•A.- Yes, sir.

asHe the fac,,, t1:7 ,1t you have been enrolleri, Ireyou an. Lyn in, 2,ny 1N,T, a Choctaw you say?Yes,Q.- pii you ever see a man named Tom V'ke ,7?NoA.- Y(4E4, sir.Q you ever see his wife?Q.Di411_ ...on don't remember to have, seen either of them?A.- No, sir,here is your father?A.- He is ieRJ.Q.- here is your mother?i s de ldQ. ,here i Aaron Askew?laron Ask:7 is dead.- Hiv e you heard your mother say anything about your connectionvTith ToAskew?A.- I don't reI.:Jember her s'.7ginz about Torn Askew, she told methnt tho se boys, that is Newt and Quint lri r4 kj folksof mine.-1 she siy in ir'nat y ?kin to Liy father, she said.Q.- Kin by intennrria :.7e or by blood.Kin by blood.Q.- in on the white sHe or the Indian side?On the mile.'.111 you know a -party 1urin7 his life time by the n',.nr ofCamnbell Frazer?Yee, sir.Did you ever t any time hear him state or swear as toany relationship existing between him and you?

A.- Yes, sir,Q.- ti.t ild he state or Srenr tle case tiny beA.- He sti.te 1 that Murrill vid Lose wf.'re kin folk - ds„Q.- Did he state whit the connection lims.A.- I 'Link he said they Vinflcouü, £ don't reerriberhe rtaid fir,t or rieooni.Of what degee of indiv4 Blood vms Cipbeil Fri .zer'iA.- Full B1.--)od.- Full Blood vthati.A.- Leiocti.w.Leola- „PT you knor imthA.- i r es, sir.issho related to you?Yes, air.In WL1t Wly.Fir3t or sec ni courin, I don't know which,• Know vthether he or her children are upon the Indian “1,:olls"I declare I don't know.••.- You are not able to state?A.- No, sir.Judge Adixlis3• :•,or.le child is that by yThat is r.i7 boy.Q.- You married ft white v. •••?liftnsfield;Yes, sir.vio -Ad like the record to show thi.t we object to thereflection of the testimaHci of raziobP11 Frazer i9 heir gayAWO

.27,1r4r4 .scarrlinati on,Cornirlh;Pot” n1 1 are you?Forty ,lever ye-r2.Q. - You Tore an Rnolic!trit before tne in '62 or '63.A.- -Aqty ri I thinkQ. - Then you ii4n't annly until 1666?A. i l_onst relrieber, I tYi A it wns in 1' 6.Q.- Don't you knoT it to be P fnct that Camnoell Frazer was onef the Attr)rnPy9 for your family a/1i wqp emnloyel for that-pur -nre?A.- No,Don't you know that he iii2n a Choctaw Lawyer?A.- I don't know."Don't you know that he was R citi?Aenshin lawyer wascotinuouly eni,777;e1 in the nrosecution of citizenship cases?A.- No, sir.Q.- Don't you know thnt he vr ,,,,f7 Attorney for 1.3ettie A. Lewis?A,- 77.o, sir.Q.-Don't you know that he was Attorney in the hichari l, Co1errinCr,,se?A.- P.), sir..- You 7tat that Camnbell Frazer snAi he was kin to yourfnInilv?A.- Yes,'here i1 he say that?A.- At Tuakahamma in the trill.Q.- 'hat was the name of his father?A.- i thLik he claiard the name of his father was Charles.Q. - vi'lr the name of his rriother?

A.- He never st!),terl.Q.- Hai he hriDvin your family before that?A.- he hag. known_ Mese.Well, you say that you are related to the Frazer F-mil.y?Yes, sir,Q.- TIzIt st ,:teLent is basei ciltirc17 unon the statent, orinformation that comes throu-h Ca bell Frazer?As —Yen, sir eQ.- You never heqri of the krcxxlmiFraer FiJy untileqm-obell 71-Izer toll vou about it?A.- Yin, rir.you 1,c ,Irl of it before.AEcver.q yi -rs before.ithen vms the firA tire?A . - ion't trtmelfber ezactly rhen; I heord of their very often.Q.- since you cqme to the Territory?A.- Yr21, sir.Q.- You never heard of the Frq7cr Family while you were livingin Al aba,m ,,,?No,You never heard of the Frazer family until you conmenceito stir un the citi7enshin clair„?A. -lon't tinl,.- Y ;fir7t information about the relatirin,_ , n, Iirect oro therwise, cnIlle from artmnbell Fr-1 ,7erYes, sir.Q.- Th at is true?A.- Yes, sir.Q• 're you relAtei to the Frazer?-A,- 1L( .: claimei, (there were several witnesses there,) thatthey were cousins of his.

Q.- How ore you related to the rm. 7,ao Ir-,s just on the 1 .tinrii?Askew.A.- lie i2 a brother of mine.Norman;Q.- You nay you are a brother of ".A.- Yes, sir.Q.- How old were you rhen you move here from A1n,b9ra?A.- Twenty three yenTs._You say thnt *A;(7 wrIs kmm to Carnhell FrrIzer?Irrr,A.T- tht Lioic was your fnthf brotlner?A.- iftl, 7ir.he a full 'uloo?A.- Yr, sir.Judge AJ'rns: you ever nee an of th,p, 'irazers, excent Ofv,7-the1l?A-- ies, sir.Q.- ihere?Tushkahomma there.%ere you related to them?A.- Yco, sir.Norrann;,.- Green Lb Curtain wn,s your Attorney?A.-Ye, air.n.- lie is the preFent Governor of the C1 -.)octr Nation?Yes, sir,itness excused.Or?

Mr. Norman;Tom Askew,a witness introduced by the Plaintiffs, being Julymrorn, testified as follows in answer to the interromtoriespropounded byQ„- What is your nrime?A.- Tom Askew.Q.- What is your age?A.- Thirty five.Q.- Where is your place of residence?A.- A mile 'Ind a half east of islarietta.Q.- qhat is the relationship exirtin; between you and J. Askewand D.3.Askew?A.- We arc brothers.O.- ,,re you a merJberf any iniian Tribe?A.- Yes, sir.Q,- bat tribe?A. - choctaws.lin.ve you allotted your land w such a nieLber?A.- Yes, sir.Q.- Ar, Askew, laying aside the fact that you are on the rollas a Choctaw, state to the Court whether or not in truthand in fact you are descendant from any tribe of Talinns,and if so, what one?A.- If I am descendant of any tribe of Inli-?Yes, sir.A.- What is it you men.,0Q.- lhAt Tribe of Indiaris?A.- Choctaws.Q.- Laying aside the fact that yu re on the roll, you area Choctaw?A.- Yes, sir.4)0

ThrOU j1 whom lo you trace your IndianA.- My father and t7an- -ifather.Q. What wiz your father' s nime ?A.- l'uturrill Aker.Q. Who-did your father trace his ithrouj.:?A.- His father, Aaron A,-kew.':irhat nnount of Iniian Biooi have you?A.- I cannot tell you.C.- Do you know how much your father was?I think he olaimei to be n, Tani-ter.Q.- A quarter blool?- I think Si •- How much was your . -Tnn -ifather?A.- I think he ell,imed to be a htt'f nrobably,Q.- \, the Askew you rpeak about the snm Aaron &skew t at helathe office of County Collector of Taxer for Lauder:11,1eCounty?I think so, yes, giIlemember whether or not he w Ls a preq.cheA.- No, sir.Remember to have ever known him?- No,Q.- He diel before your birth?.- I think so.Q.- What relationshi -o, L any, exipts between you ani theaplolicr\nts in this case, Willinrn QuintNil their desceniants.A.- I could not tell you, only what I have been ttht.rtate whit you have been tau4it.A.- I hi.ve Leen taix,'-:t we 'Ire counths.410 tau' t you that?

▪A.- My mother.i r your mother living or dead?f\.- My mother isQ. Your mother haz taut you that these peo -nle -Ire your inreorle?.- Yes, sir.Q.- How :Toes the kinshir occur; in what way? Throu' whom ioyou trace the kinshin:A.- Vdth tloe neonle?•-A.- 1 77-s tau7L -t, that Tom Arlker vigs my father's brother.".- \1,--t he a full brother?1‘.- 1 think so, I cannot say for certlin.Q.- You kno ,-, anythi,:L; of the Holton?Yes, sir.Q.- Ḳ:low whether they have been enrolled or not?A.- Only ju7 ,t what I have been told.Cross Examination,J. CorniSh;Q.- How yo_ D.B.Askew related?A.- Brothers.Q,- You ,,re a on of Aurrill?A.- Yes, rir.Q.- t nd a 7aAvon of Aaron AskaT?A.- Yes, sir._ there were you born?A.- In Alabama?Q.- 'Jere was your father lx, rn.A.- Alauann,r,',a • ."°Your father died in 1382, iiin't he?

•'82?- ' 2.hat is, about that tine .A.- F-ther has been 1e- -1 about Twenty yeqrs.*, • Your father w , s about odd ye-rs ,)11 when heUed?A•-- No, sir, fithcr I think to be Seventy six yesrs old,the best I can recollect, may be 2eventy ci ~ht.Q. - Your father and his farrily axmlied to Couci1 in theearly Ei ticf , and no action w-,,s t-ken u .til the liteEi lit ?lan't know, I was small, I don't think f-ther made anyQ.- This kkev,T Family male ainlication in the eirly T1 tiesdid not lctipn until the late °Icould not t11, I w -,,s too youne.,.Mr. Norman; I desire to introduce a certificate from the Commissionto the Five Civilized. Tribes showin7 that the nnmes ofAin Askew, B.B.Askew, and Tom V. Askew, annenr unon thefia rolls, of t;(-.: Choctaw Nation. Exhibit "B",Mr Cornish; in reference to this cortific ,ite and all certificatesthat may be introduced, I rresl,r -._e this certificate correctlyreflcotF,: what the records of the Cornrissin show qt thisti, but we hone that it will not be understood that weconsider that thec, e Pcnnons, whose nines a-pne'lr on thesec€o'..ificoteri, ore citizens of the Choctaw Nation. Wefeel that these neonle should have the fnirie Status as theannlicants, and in the event the annlicnnts are 1,,enied, theNations will ,710 all in their power to have their names rernovfii.from the "Rolls".',dtness .excusel.

Bell Hendri x,ri tnes s cal e 1, by the Plitiff, bein,g July sworn, tetifi e1113 followr in rtnstc r to th.e in erro,,i3i,to ri es propo wvie I. by1Sr No min ;- At i s your nn ?,4hat "enBell ilenfri x.• - now olc are you, Mrs. liendri 7,A. I wfts Fifty 'Iwo the 34th, of li,st J-tnur ,ry.'there io y u resiie.the Territory, nenr .loth (or ) nine Li. le,;7 went ofthere, r7 otti on.rh 1.) - us between you Torn fis,!kew, D 1 .1-in I 4, .A.Fkevti.Brothers uiJ i ster ,; iA. rinters.s the relttionhi dtinoi1 i A 1 0 VI;Mon .• Are you upon the "Bo 1"A.- Yes, 7!i r„Q. Of whnt Tribe„., Qioct n,r.7. TribeE ti on,Co rni sh ;Q. You sly you are a iiter ?A.- jr ,Awl dwpiter of i 11 ".A. Yes, sir.And -1—trythu-latorof AlroA.- Yes, ir ,

Q. - How oli lre you ?,,.- Fifty two or fifty three the 24th, of 1st Jinuary.Q. - Are you older or youn7r than L:rri Askew?A.- Older by two years, I think.Q.- You were born in. Alabama?A.- Yes, sir.Q.- in L ,I,ul.erd.ale County?P.-Yes, sir.Q.- That in the extreme north went county of Alabama it lies-Inorth of the Tennessee River?Ye!7,then did you le2ve ,Ailabam„ ?don't reL;emberQ.- Did you move co Texas?A.- No, sir,0 _ 1-s ere did you move to?A. - The Terri tory.Your fnther movd to Texas?A.- Yes, sir.Lhere were you while your father w-s in Texas?A.- 1 had not yet left Alabrima.C.- Then you did not leave Alabama until after your fatherhad lived in Texas the . g eater Dart of a year?A.- fen, sir, on account of ill-health.C.- lour father•was 111 •,-•No, sir, I was.,0 XOU reined in Alabama rhile your 1 ,1ther went to Texas?_ Yes, sir, I resided there a while?ibu did not leave Alabama, until after your father had livedhis time in Texas, and cam on to the Territory, that iscorrect?

A.-How old w-,s your father when he eli oiA.- I ion't know.C) • - he wr!.s solnewherep, about eighty yel,,rs old when h e iieci inn.-602 ?lie was a very old uinn?Yes, rir, he w ,ts g:ptting ! .7,2oarty,ere about ei• .tty years?i don't know, air.i ,here w.ls your father born?I don't know.1anT7 ri there s()1r1iere.- have you any knoil.ed4o of Ids having livel rviy whereA,- No,except ii Lauda rial e County, Alibia, 'here you firstcoraI1011C e to remember?Q.- Where (Ili your .::;r2ndfatlxer lie;A.- e is sfUl. to have liel in 1861.Q.- You were livin ,c there. in )11,71,t county in A1.12w ?A.- Yes, - sir.Q.- ere you about when he lied and when he w11.1 buried?A.- Yes, sir, I wri.s. at the burial.o. You were tan yen oil, about?A.- I wl,s a chili, I c2,n relLembcr h19 burial.O.- How old a fL11.ta was he when he liei?A.- ,A very old man?je looked to be,hore wls he born?A. t know.0 40Have you riny info rmati n thit he wan born or ever livedany where Lauderdale Liourity, Alabi,r ?A.- No, sir.

Mr. Norma;ne Direc• Are you related to Villin Quint Ind Newt Arkaw.- 10;_ i t know, sir, I cant tcTtif- to that,Q Hay o you heard your fnther tnd tither say anything about it.I have holri flther and mother s9-,y were were cui iiQ.- DO they say how the kinship arose; in whit way?A. Pia addressed those thqt you hn.Are referred to '111 "Nenherou1-1d trey aAdresseJ him as Uncle.* In *fit way ,,,;ere they nelohers?A.- They were claimel to be hi NVIker, brother's chiJude We-Ater;.1,Jco.s.was his nIzie?your fatherrtnd. mother dm= .Yes, Edr.unle s and you tio s.y that you Iid not come rest whenyour father di I?A.- Yes, sir.• ..hy did you not it that time?A - I was not able: I was in ill-health,r. N: x ;Q.- I -.,e7ire to introduce a certificate t o the effect dir ,„tBell Hendrix, Dor?, icKensic 9.xid Ell zn, Alexander rtrethc* "Rolls"Mrsh ; We wish to crike the r,-)me t!t-te..ent is to this certificateas to the certificte heretofore introduced..

•• ..itnops claled by the Plaintiff , bein7 iuly sworn, testifiedrts fo 1 lows , to the interroLorie laronow i to him by1r, Nort,An;• - ...c,re do you live?A.- ,Larlow.-.- Yes, sir.In Terri toQ•- is your• About 7hatknow, jut exa/Aly.A. 2o.xwhere about sixty y-o you " ..4ow Newt. Aker, Quint 'tad do Yo ' ow 144urri 11 Wqsh?Yes, sir.- now 1. ; hri.ve you knJvn them.Ever since i w-Ls b P . en ' i to know 914.y boll,,,Lere did you :Com their acqunintance?A.- In Allbqmq.C. Are you 1.Qq..111.1tod with D,i, Em qra Tom ??A.- Ye sir. Q.- How loll-, hive you known them?A.- Lver since I w-ts born, -11most 0Did pu know their er? A. - sir.nt V— s his n -tale .A. - Llurri 11 Askew.A.-you know Murri 11 Ao k ew sc, sir.Q.- V.I .At •kli3A.- Alron Askew.Q.- Who was the flitheilof Newt.Askew.A.- Tom. Askew.Vfatheṙiiiiui Quit

'Diri. you know him?Yes, sir.Ye),,ho Tom' aher ?A.- Aron•Q. Were Torn qii Murrill Askew brother: of .1,:te whole blooi?A.- Which'.Q.- Were they full brothers,A.- ',es, air.Q.- ;ho 711 ,1 Anron Askew tairry.A c9.nnot tell you.- TCriow whcy .; Tor: Askew rnrri .?es, sir, he TrIlXriel Bettie B1nsilli.:71me.Q.- Knor Corn LtLlrri I I Azker mirrioi?, ir, 1ii. Writ,Of what nictionllity were t ece three 'rotten, the rives ofTorn, _arm:A.- I rlon'tQ.- re they orA.- ,ihich?Thore thrcr iiie, were they white women?A.- Ye , rJ1(3. you know them r1.11?Yes, sir.Q.- All three of them?- Do you re,L;e1Aper when Tom Arlker- Yes, lir,bout vriTA yerir s it?A•-c f.bout Fifty one, tic.° or three.Where iii he lie?4,- in northern Al n.barna?

Q. - Lauderdale(Jounty?A.- Yes,Know nny oircuilistance connected with his nLarriae to hiswife?A.- Only hear say.Q,- Know 7hether or not he had to steal her and leave the state?I have herri them sneak of it,Q .- - 1-ere -lid he 5 ,1) to ?A.- lissouri„joniLsh;We object to the hear say tertit:Aony.Normrtn;After he was married to his wife, be then returned toL ,I,uderirde County?A.- I don't know; I never sIT7 him until he came back.Q.- He was ::pne three or four -yars, was it not?A.- Yef -, sir, I think it wq,s,n.- Did you kflOW from what race of people Tom, lUrrill andAaron descended from?A,- Yes, sir.Q. - \1412t were they?A.- Choctaw Indians.O.- You say you seen Aaron Askew?A.- Yes, sir, many a time; worked with him many a dm. 0Q. - 1)escribe his amen.rance, in no f91- a• it reflects racialfeatures, to the Court.A He really looked to be about a full blood Indian in com-Iliacti lexion,Q.- to you knnw whether he spoke the Choctaw Lan7liage, or not?A.- tell, I could not testify positively, bec2,u7e I Was tooyoung; I W1,2 not more than fifteen years old vhen he died.

C. - Have you }lc-xi, him ure any Indian woris.A.- I coulii hardly say about thnt;it hlz been so long.Q.- Why is it you cannot say whether you have he,arl him speakiniiin.i was youtp;rui1 it ha been soCannot you remember if you heard him pelk?A.- I couli not some thins,Did you notice any necul rity in his speech?•A.- Yen, sir, he oouli not neak Americnn: he sool -n more likethe Judi aurA.- Yec, sir.Q_ he slNo, sir,he sperli En ,lish like the Indians here lo?it such as, to iiiicate that he mi.tit have spol;en noLeother in .-2;uage .think Po oQ.- nil. you notice any peculiarity in his iron,.A.- Yes, sir, never s-w him hive shoes on.Q.- What about his head dress?A.- he wore a cap.Q.- Is he the same Aaron Askew, -ho was collector of Taxes inLauleriale County?A.- Yes, sir.A.- Ycs,'4n,r he a, minister?O.- Of what demoninatzcati?. - FIr.i Mel' Bpti t.,,,,.- -id you know fl_y other Aaron Arikew that country , exceptthe one you are testifying i:bout?ft.- Yes, air, uncle Lurrill had n boy by that name.

Q lie is deal.A. , rj.• t'dth the exception of the oy of your ULcle Murrill, 1id youknow y other?No,sir,:o was your :lother?Lltti c Askew.Q.- Who MB lattie Askew, was she reltei in any wi,y to AaronAskew?A.- the was 1, dauj.ltor of Aaron Askew,tou are an atmlic -nt for citilen hip, are you rA.- Yes, cur.Ir your a oli cation now nending in Court?A.- Yes,C.- in whit Court?In thi r Jour,.c. - You sly Aaron Aske r 71, f e VP'414 a white wol,ilnend Tom's were?A.- ,es,Q.- Jo you knew whether or not Tom Askew is the flther of Nert.Murrill Lish, fl i 2 il1j ' 111So claimed all the tine, never heard it disnuted.Cross Examination,Corni s1-417 Now, Mr. Hill, how old are you?A.- f.loniewhere close into Sixty.- You say that Aaron Askew licr -7; II, CI:IOC:LINZ 1 1111 ; why do yously that; whit is thrl,t knowl4rle based on?A.- "e said he was, and everybody else did, and he looked likeone.

Q. Your statement to the Court as to his being Choctqw-thin, is based on vtht he told you?A.- Yes, sir.Q. -. That is the extf-:_.t of your ktiowlettr, what he sai ,1?A.- Yes, sir.Q.- You herlri others say that?A.- Yes, sir.Q.- Who else.A.. Jurt like all the Indi ins, they said. he vizCor nish;The Nations wish to interpose an objection to the testimollyof this 7itnes, which tf,ndr to establish b hearsay test:Lony, blood nd riciA. status.You were born about the year 1844?along there,Q. You were born in Alibruna, were you not?A.- Yes, sir.Q.- Your mother vms ilattie Askew?A.- Yes, sir.Q.- ,there was she born?A.- I could not tell you?t you know where she WRS born?k.- he claimed she wns born in Lauderige County.Your information from her and your family was that she wasicr,)rn in Lcuiderd9,1e County?A. - Yes, sir. Th7t is irr:yr idea.Q.- You never heard otherwi e?A.- No, sir.How old w-ls your mother when she lied?A.- About 60 or 65.Q. ien did she die?--41--

A.- About 1070.Aril. she was about sixty five years old?A. —About sixty or siy.ty five, I think.Then your mother was born between 1805 ay., 1810.i never firlired on it.0.- Thrlt is about when she was born?A.- i don't know anything abo -.1t when she was born, I never sawthe record mrelf.Q.- it ip a matter of fi. jlares, yournother vlitis 60 or 65 whenshe lied and she lied about 1070?A.- Yes, sir.Q.- Then she must have been born 60 or 65 years before 1870?A.- i 101,'t know, I don't know any thing about her app.he 1-1A -rt not have been over 50; she died in Texas.Q.- lour nothcr lied in Texas?A.- Yes, sir eQ.- .hen did yor rrother 11T1 her fami_y leave Lauderdale County,Alabama.A.- 1 don't how what year they did leave, I think it was '69or '70, anl she died in about a year after she went there.Q.- in ab ut 'C'd or '70, the family of which your mother was amenbcr, ovel to Texas?A.- Yen, sir.Q.- What county lid they come tKauffman.Q.- Was your fatheilivin,;?A. No, sir.0. Your mother was a rilow?A.- Yes, sir.Q. - How long lid you live there?A.- Thirteen years.4r)

C.- ''four mother died there about one or t,-Tro yeirs 'fter shemoved there?A.- No, .1 think when she moved to Texas, she sto-oped in anotherCounty; I come out in the Ll -oricio; and went inwn and broujrther Lip in the fail and she died in about 30 'lays.Your mother moved to Texas and died shortly after?Yes,Q.- hen did you go to IF ?A,- Def. ore she die 1, about two yearsere you married then?A.- No, sir,Q.- You married after that?A.- Yes, sir.;1.1.ere did you settle the first year?A.- Kauffman L;ounty.Did you buy Imnd?A , N 1.‘- How long did you live there until, you boujlt land?A,10 ." I lived there trenty years, I reckon,Q.- How long did you live there before you bou land?A.- About twenty years in Texas, the first land bou t wasin Wade County.l'ou lived in K-laffman County about twenty years?A.- no, Thirteen years,(*) What did you do in Kauffman County for a living?A.- Fqxmed,C‘.- Did you rent land?A.- No, sir, I married a lady that ovned a farm,Q.- Well, you oTnel that land, after you were married to yourrife, didn' t you?Yes,0:tc.3

fyl, the end of the thirteen years, when you left KauffmanCounty, (Ili you sell thatA,- Yes, rir.b',L.cre ill you ,:p?A.- To Colemin County.Q.- Uor 2°117, lid you sty there?A.- Fifteen yenrs, I tQ.- How lo: did you live in Usolemrin Co hty before you bought.11e` bouj.t some sc,tool lqnd before moved there.Q.- You entered school lands, how much land lid you -pt,A,- Twenty nine hundred nd fiftyacres.Q.- How lon -; did you om that 1.1ni?A.- Two or threeyears.71ere the conditiuns under which you took UT) thatland?A.- 't was ale County school 1,1nd and they soli it,Q.- it wci,s for the benefit of the school fund and they soli it?Yes,-,Mt did you ,7iive for it?PI,- Fifteen hundred Dollars,Q.- You oTned it two or three years?Yes, sir.„hat TIE) P, the nett niece you owned?Another niece,.nxict !Au Ji?A.- One hundred and sixty acres.How did you L .-et it?Lloujit it,fl. Dii you buy it or enter it s a homestead,A.- Another man entered it nni bou,itt his clqim?

Q.- 'low lo.,1 did. you own tlAt? •A.- About fifteen or eiT,hteen years.That wrts your hole during all that tin -e?A.- Yes, sir.Q.- Did you sell it?,- 4o, jrLly rife hao it now,, e • You bou.1t it?ler, sir.Q. - The title was ?A.- Yes, sir,Q. And is still in you?A..- No, sir. I sold it ton, then?rife?\bout 1336.Q.- Abo ,xt the tine you male P.m i cation to the Dawes Commission?A.- it was before thqt, but it miht have been the slme year,- You were living on that llnd when your apTilication wasma.l.e In 18%.No, sir, I was livi ng in the Territory.Q.- 'it-Len •lid you corre to the Territory?A.- In the fall of 18915.Your family still owns tbit land?No,Q. ou mana 7e it?A.- No, sir.Q.- cre are your chi' iren now?A.- in west Texas.Durin: ll theqe yen,rs that you were in Texas, you werecitien of the State of fiex9,,s, and voted in the StateElections.A.- Sometimes 1 did.••••••

Q.- You exercised the rits and privileps of a citizen ofthe 7..tate of Texas, 1.Ce all other citizens?A.- Ye, sir.You nlid taxes?A.- Yes, :71r.Q.- You sent your children to the nublic schools?A.- dot r:Ndh, i did some.Q.- ver hold office?A.. No, rir.Q.- ',ere you a candidate for offie?A.- No, sir.Q.- ';:ere you nre2ent when Aaron ikt Askew.:iied,fi.b. • do, sir.0, • Yo u T:-.'ere ii irg in the Country?A.- Yes, sir.Q He li d. about 186 9 , 111'1 t he ?A,- rixty o.e or two, yev,Q had been a public officigl of the State of Alari. forhany years?Yes, sir. He w,f1 tax collector.Q.- HOW old inftri ie vAlen he died in 1862?A.- I could not tell you.Q.- Ile 1v949 a very old man?A.- Yes, JrAVftere wts he born?A.- I coull not tell you.Q.- Have ru any information that he Was not born in I.,- -County, Aln:blms?A.-Q.- What Was the name of his wife?- doli't know.derda7e

Q.- Or his father rind mother?A.- I don't know. I could not call the nnlitee nor/.Q. ,-Your rother was nTyied blattie?. - Ye c , r •r • - How many children did she 'have!'A.- Eijt t, I think.Nri.meA.- Tom, Diurri 11 -Non,rlri;e think tbi matter in all irrelevrlit.Mr.Cs,orni ;Tor, you say your mother was narr-d Attie, Tive your brothers911d si l!tercA.- Ton, Jac, J , one rier, d, Dariun, Jon, 3„C.,Arujie,A.- Yes,C•- s TOM livinP, or dead?A.- He is 1ivin?".- wereA - In Texas.His he Tt n. fqxrd y?A. - Yes, sir.your brother'c and sintrsrs?Q. Chi- and Graccichillren?A.- I ion' t know whether he has any -74,,nichaldren.Q • But 7 e has chiliron?A.- Yes, :dr.They all live in the :':tr, te ofA.- Yes, sir,C.- They never moved here?A.- No, 3ir.Q.- alloy 1.-ave no claim for citizenship?

A.- No, sir.Q Is Pihe living or ,A.- Dead.lead?Did. he have a fly when he died?A•- No, sir.Q•- 'T never married?A.- Yes, Fur.Q.- J.H., that is you?A.- Yes, sir.0.- Are ,111 your chiLlren in this suit?„As — Yen, sir, in this suit.Is liViA.- NO, sir.Q.- Dii he have a family?A.- No, sir.Q. 7 Darius?A.- Ile is dead.Dil he have a family?A. - No, sir.Q.- Is johnA.- ynr,Q•- Where'?113.r.A.- Vihiterien.Q.- is he before this Court with a claim for citizenshin?A.- I ion't know.Q.- You know, ion' t you?A.- Yes, sir, I p.,fless so, he had an application before theO.- B.C.Commission.A.- He is an applicant.Q.- Is Annie living?A.- Yes, sir,

Ur. Norman;Has she a. family?A.- Yes, sir.Q.- 'where does she live?A.- MarsdenQ.- he is in this suit?Yes, sir.TAth you.A.- Yes. sir..A.-0.-A .... "•Re - DirectThere various parties that Atir. Corlash i nquired about, whohive not arm -tied for citizenshin, lo t hey claim to oc ofChoctaw descent.'(es, sir,fact that they are not Ch_octaw applicants, does notsic;Iify that they disclaim Choctaw decent, doe t.No, sir.0.- These persons then, do claim to Le of Choctaw descent?oneYes, sir, i think !di of them tried to rink° monlicationsbut did not 7):et here in time.Vtrit was his nmme?Tom,% • Then, so fnr as you know, all of the neo7de Who have notannlied, nevertheless, claim to be of Choctaw descent?A. - All that i know of do; some I don't know anything about.• - Mr. Hill, at the time your f ,Irdly lived in Alabstam, *intwas the sentiment of the People there, towaris narties whowere of Indian Blood.A.- ell, of course, they would throw it un to us.0.- that do you mean?

They roull -nut it at un 4,', • 's it an honor to be q21 Indian?A.- Ao, sir.Q. -War i t the reverse?A.- L.,f course it wast ,T,0 -txritlilltviiiric; the sentiLient of the neo7. 0 e the re .towardthose who claimed to be Choctaw at that time, kid youall continue to clnim t all tin -es, your CilloctiN descent?- Yes, sir. And under n.,11 circu -:- .,stArtces, so far n,s I r.37.1 concerned.I never knew any of them to deny itQ. - What a7e, was your mother when she lied?I SUTrre 60 or 65, 1 h2ve no record of it7':en did,slhe e ?A.- I think about 1870. I came to Texas i. 1 69 or '68 nrirl shestarted after -1i4 and stored in nother Co '..ty aniiwent down in the fall and brou:JA her up there, but shedied that fall; she had c.„re oA in the SPrin7 before that.qo Vas she older or youn!Tr than Murrill?—Ak.,1-ae- was the oldest one of the but I don't know whethershe was older than idurrill or not. I think she was., but icould not sre-r nositively that it was a fnct..11r. Mansfield;Q. - Aaron Askew w o a very noioular man then, he as electedcollector, notwithstandina- the fact that he 17F1 in indian,and the fact that he wore Lio caEins ?A.- J don't knows He wri.,s a very popular man from the fact thathe 171(12 elected to office.11r. Nor:I WM `1,s1.7 you if they did not run it on him in the ell..ection?A.- I don't know; I was too youn.7.tness excused.

a .'W. I. ,:cDonalci,witness called by the Plaintiffs, having been -1u3.y sworn testifiedoz follows in answer to the interropittories propoutykd tohim byMr. Norman;n is your name?A .. here do yva reside?A. - In the Creek Nation.Q.- iiow old a man are ypu, 1r. lc Ḏonald?A.- I will be 72 the 2)th of Novefnber if the record is correct.Q.- ' -;-1 .ere were you born and raised?A L aule Hal e Jounty, Alabama?Q.- -.en did you move away from there?In 164), moved down in northern IL ssissi -opiQ.- How lOn 'Ed you stay in Mississippi.A„ Until 1673 the latter part of 1673 and moved to.Aild from ie -5u1s to the r2erri ry ; been thirteen years inthe Territory.C.- Did you make rin affidavit in the Bennett case?A.- Yes, sir.Did you know a party i Alabarda, in Lauderdale County, atthe time you lived there, by the nime of Aaron iskew?A.- Yes, sir.Q, he, or not, a pn,rty who held office in that county?A.- Yes, sir, my recollection is that he was either truc collectoror asseosor, for (mite a number of yours.Q.- Fa-mienĀbe/ whether or not he was a mini”ster?A.- He w -12 a Baptist preacher,Q.- iiissionary or Hari Si_eiel;A. - Hari.Q.- Did you know aliybody el .Pe in that County by the name of

Aaron Askew?lawr L1xrri1l A3T1v and Askew, 1.1id to be hisQ i you know any other 1.arty in tEl.t County narred AaronAzkew?„ - None but thi rartriO..- Of rhat rrt, e •or .fardly of people was Aron A„,..kelrA..- I 1..,1wrlyr (1 him to be a, ChoctlwMr. Co mi rth ;object to the cluestion answer because it 11 eekE; toProduce henr av te9timony to emtablish blood 10 raoidMr. No :rm.; e desire to aik this w tnerl,p, to state what he hasheard the lublie Tenor:1.11y, in LRudr 1J County, Alabratia,--1:v as to the race or family of peo'Ae t i Aaron Askewdesc„ ,,rided. from, flO, WC don't jupt ask him if he is.. aChoctaw Iniian.Judge AJams.;_ oirmot zee any dirltiaction; if you have a4 authoritieswe woull like to see them.Julie Aci.!...ans;you derive this oplidon about j froii Cat the peopleabout blo,, or hi S 71.7;-1 .70 earance.1.•-• From both: 'Markt. I hep.,,r1 said' .ruyi, how he looked,Foo ye.;Q-understandk, -)ur answer to be thr...t in appearaace he rd,ttbe In LITlian, th.Nt he wiz of Choctaw Blood wiz from hearrgy s Ateents?Yer.,, sir, so flr, • fie QT.:17y rly you h9,d of lelr‘Anc, of at ribedeF;cci,...,(19.nt .7s from what you lx, nr1?071, sir, I 2:10Ver heari hio say, I WIA a youth.Q. - Did you her Murrill Askew make that statement?

A,, •knew of, himrts your-1,7 rlf.tn in the corirtuni tyQ•- -nye you ever hi.ri tnIr member of the Ar key fruni.. tatefrom whit in be o f inIi :Ins they we re clencehAlntiA . - I think I }limetrkrnbers of the e yo u he 1rd si.y s•A.- No, nnlwer.tness excusel,•tiorrrin ;A. -ison,ft %Ili tries saH.M by the nti f f s ,tetifie. f o I lows *,tnte ?3r0 ur ?A. - 1 uptoo,171e about 62 ye 9.rsQ. - -here 10 you resi Hte ?. - In the Cali okaslyiJtion.-,here were y u born 92Y1 rai sedLi,uilerin,le Co -nty,, Al abrwirt.,1. you :move from there ?1665 .Q. - you know R.. pgrt- "ba ,k there by the ntne oi,onA.- Yes, sir.- i1 he holt. • my offici1 oorition that you know of, if o \whr4t ?He vms thx c‘o ilea to r there for i, while, or t 1eizt hec o 1.1 e te'l the taxes qui te m. time sQ.- You know any of hi s chi 1 iren ?.A • - Yea, si rQ ';ihrit one a ? -,

knowed three or four and, three -boys that remember.i2-,t boysdo you remember?Torn Murrill r:ind. o,.ie More.the lurrill Askew that you allude to the s `Vile identicalparty, 77ho is the father of B.B.Asker, Em Fuld. Torn?A.- I reckon he is their father; he is buried here in LebanonTom .Askew, you rmeak of, the father of Newt?A.- Yes, sir .Q.- e is the same r arty?A.- Ye, sir.09..n be no r7tuestion but th.at this is the sline atnazman you are talking (.bout?knew no o'thero there.Q 1it le you ith:Jw about Torn AkerA.- I never knew Tom Askew until aftc.T he had a fp,mily ; he had.been married some time; I don't think he had inr childrenbon-, in his farrily s:J*ter knew him. He moved. to Missouriand ear.,...,e back in had health :Tor' t remember how longhe .live.0 after he came back from Aissouri, but not a greatles, sir.you at his burial.?L'o you know whether Aaron Askew was at the burial?A•C .•DeYes, sir.Do you know why he went away to Missouri?There was s °Ike little listuebaxice about hi F1 marriapy3 andthey fell out about that and beinJ,- .a kind_ of a hard . healed.fellow, he fulled out where he could be E.s o7 ...n man ; that iswhat h.as alvays been taut me.you know of w].....at race of oeo:ole he was?V,

s9.yA .-7hcy':hey Indins...as Vlore anyt , recuiax !I,bout him to Ji7A:allthe tribeor favily of InAis th.lt they :i.escended from?lookei Toh like the CLootaTs Chickas77s of thisCoutry, since ' have come here and !lot familiar withthe Iniians; they w.s copper .:or,)red; he was particular ly,Lore so tlian children. He as lark as p„ny man inthis house -,hat I see; he was more of a red. caste thanany rrixa I. sec.0 - Do you know 7hetter he spoke the Choctaw LanL, $L.- spoke something anJ said it was CS,oct.9.1• he claimed her‘ooiTI .7)( -2-k both.A.- 12joctac and Chierl,sq, , .Q.- i i you hear 7:im?I 1.,-Are heIrd him .remember them nor.thinpn tut I on't know that I canCan you p eJ. Choctnx yournelf?_ 1 w a few words in Choct9727 or Cic1ascw, just a few vords,but they are so sc-.tterin, that I could, not give thrT, sir.'Did you ever hear any member of the Aske7 TNTwhj, iistinct tribe they had lescenieJ?Mr. Cornish; 'Lat is tile same question over .jutT. Adams; Note the objection.They clatmeJ to be Choctaw inirms.'Mr. Norman;- Is Aaron Askew (lea(A.- Yes, sir.Q.- Is Murrill dead?A.- I su7rose 20.I)ly state from

Q And Ton!?A.- Yes, sir.Q. Mr. LAvlison, what w-z feeling socially in that country,ka ickIt xmaakr ;T towrds parties L. were of thdian Blood,It was not very gpoi; it was thrown up to jlem in schoollike we would to a yellow boy or a mulatto; it is not populn:rto be an IndiPsi in Alr-lb9mQ.- Co you know whether it wn.s U.Me'a a7ninst Mron Askew, thathe was an Liiiirtn, when he ra.n for office.i don't remefAber just about this office business; I hrtveseen him collecting times, to you,,that it ur7d him onto run for office?Q. No, that it was urger r19t him, when he ran for officethat he vP7z an 'Indian.A.- i know that; I know just exactly •t1 -.2t they wr ,..s Indiaa;he was consid ,:red very honest; he was not requirej to j.vevery heavy band for thee taxes in Lauderle County.Q.- 'Ill. he Tear upon his feet?I have seen iin wear EOCCMii17, the sn,Lle as i have the7eLniilns here.Cross Examination.Ur. CorniEh;Q.- What io your naue?A.- J.L.DvillJn.Q. How old are you?A.- i rcko I am 62 vrs oil, 'pril nrtst.No, if the Liembers of Aron Asker's fauily say thnt he didnot speak the Choct ,,Y1 LanolarT, they were mistaken?A.- think they would be, yes, sir.Nonr,an; e object; It is for the Court to arty who is mistaken.Ir. Cornish;__50__

Cornish:You You say that Aaron'A.- Yes, sir,Q An 1 Chi ckasA - les, cli:(‘.Askew spoke 6':.:Joctnr?Q.- how v.c you aLle to say that Aaron As kew z -ooke either Choctor L;hicknsavi.A.- I I -Lave heird him oilletimes rfly voris that I know now.areChoc i .Jaw or ickasqr.?He aiTl trJce a chair not to 'Lle but to a lady.A.- I have 1J( ...!ari him ume the 117orlQ.- Aid you h9me rehlemberPi it all Lheoe years?A.- i reiLle:11.1Jer it since i ci1.11 .1e to the Choctaw Nation ani Iremembered that I had heard it fifty five years avp., t called that word to your iLini aE\beIng the rord y ,.1. hadr1?A.- £ 1on. t know that I have heard that word ovc r a 10en Limesthce i have been 1ṯat.?raK. her_ he told you to take a ci -Lir?iNto, it wasflow do you know that is itI helrl him tell lier and he aI.i it was aka,LA -2,74,4tnt IndianTTLIJlirt .rT; he noke both and i ion t know ,:t. -.1et.her it wasaoctaw or ChiciOls T •„-iliht it not have been Creek or Cherokee?A,- it iflL!:t have been?Q You her4 him .1.7.q,y he sPoke botb.A.- --Loctaw anj Chi okasqw,• -dj:'1 you he9,27 him say about speaking other Ladi?A.- I heard thiy.ii71, but 1 don't know what it w; I heard him.

ialr,ble like they o here, but I did rot lay NLoh !?,ttentionto it Q.- Well, you hive helrl him u2e th ,lt Torl to the la, jy, in what other conotion have you hearl him use Indian words,"r rag a Preacher qni i have he-rd him talk by the Creek,but I 'believe I on ret...(iernbcr what he said in thebq...-otism, Then he rent to the creek to 1:). -ntino; have heardhiIMr. Mansfieli;.tp:..k Indian, or at le: -7zt he clal,aḻed it w9s1 indian, butI could not ronen.,t itQ,- Was it "Tiiso 4A.- I know.Was it r,,omethinp: like thtt?A.- 1 lon't knor.Q.- Dli. you. k11 ,.7.17. v. -17 Inlians in t'ha, Country'.A.- Yes, sir, there are Inji-Inr there; he lived in the ColbertHeservmtion,Q.- hat kinds of Lndixix. ,, there:Chickanqws.In what county was that?A.- Lauderdale County.Q.- It is north.. of the TeriLev,see rditer'A •- Yes,r. • glnin . ri oA.- ier,, sir.the Te!ireee Line.• Viten did you leave the re?p.- in 1885.Yeu TIT this Yrnn Aaron iv,...ker serve- as tax collectorA.- Ye, sir.assessor quite a. while?Q.- iell , you 7 ,1y it rq,s not popular to be an Indian thatcoadtry,No, sir, it wns not.

Q.- liotwithFltaLlin,s that, ron skewi bein apreacherto be a po7.5ular nt1; the fact that he hal Indian blood lidnot Affect hit, populAritzo much him, •as his offs -ori14,!.., in. ;,.:7 Ch0 0 1The fact that he was a preacher kept him fratiiioularfr3 e he w7 -1.s. coilidered :'..)oor maii and honest and thatwa 7.1,-b ,:::)ut all the ioou1ari ty there was about it'You say that when he wa elected to -Li.. 9 0.: fice he was, requLr i to lize a heavy bond.A e -""don' t t i1i they Ii d; U I not re gill re it of anybody; thatIT,Tic, ter., ye 'Ts • before the WarDid you create the imuression on the min ,J.s of theCourt a while thrl,t Aaron Askev was elected to0 office,that his bond 17 ,,s less tL.1.11 othert.L. No, sir, we had rxil, 'oho held the office ho hd as cheap aboil:- ac he did,- You statci a while 7 ,,,3)U t they dli not rnrike him ie acry heavy bond, rEn:t lid you mean by that,that he was considere•1 an honest riPlito-Di, 1 you mean that he Wa re.deved from the operation of theTrur?A. No, sir..r*,you nean when you stated to the Court that he wasnot r e qui rel. to 4vc a heavy bond?2 .10011.1 was Ii • iU compared with the pre sei•lt dat ek) 11.7 o you know -U.i.,-Lt?C hear .' -Deo -..ole sly that Aaron Askew was not required to:ivc more thin a three hundred do 1 1 ar 'bond ?lid when I runbr office mysclf, I found out that the bond was a good dealthan that.

JuleA. '""Did they reduce his bond?No, ;1,ir....Didthey unke you. give the full limit of the ln.r?A.- An it ha-nencii I ;0.1, beat ani the other man pave tl'e bond.0.- Aaron Askew died about 1862?A.- Yes, f-ir, i think !,,o.Q.- How ()li a iron were you at that time?A.- i exlIcot wan— 1 rns born in 1842 on the 15th dAy ofAoril, -o fry father and mther you on count it xoyourself.Q.- Do you claim to be s citizen?A.- No, (dr.V)ere there 'any In -A.1ns in tf;t Country?A.- Not no any now.Q.- Ve11, when you were there.A.- Mere was a oi ,Yiny Iniims in that country, in ,-)ortionsDo you know vAiatA.- No, '21.1ere in the AitcLeli FrIr, and one or two otherfa;fdlien that are reclnaned to he Indians there yet.,.- Are t hey Choctaws or Uhickanqrs?A.- )CIT:i.0 claim to be ChickasrlTs Rnd come Clloctrovs; they ,rerixed.Q.- Did they vote like other people?„,„- I don't know, scmle of tem are rockone• to he citizens thereI jon't know, if all are, or not.Q.- Did you ever know an indian to hold office in LaLderin.leCoty, excert this man Aaron. Af7kew?A,- Yes . , sir. Gull M.itchefl, hasbren tax collector since the War,but he is not o full as he wan, he is a sixteenth or athirty seconJ.

A.-Le nn for JOT1:1 tkere?Aslenr, .110t Ti:k Collector.rdtnefis excused.--o-.11olme Willis,a wi ness called by the Plnintiffs, beiii duly sworn, testified.S2 folloT in an7,wer to the nrcte,ions proroundei to Lr by.Mt. Norrnn;Q.- Whn:b is your Dr??- Fort-Holnes Willis.'here do you. liveAt ii1i,L:•• in your lk-.si,,.. yearn.There is a nome "Holmes Willis, attp.ched to the Sunnletriental•Trety, are you that Holc,o Willin?•.- 1171re you ,JAd y other offices?A.- Hove be in the Lej.slature fewt,lent.Q. liave you held any other offioesA.- 1 Jon't know any others juflt now,ijid you ever know a ':27i.n in this country by the nF1J.Je ofMurri 1]. ATA.,er. ?I knew him.T7T; the extent of your acquaintrInce vith him?L- It la-1,27 been about twenty five ye'71rs f7..ince he ciTie here,I lon't know how ion., he lived in our Eci*borhood; it17t, h ,I.,TJe been % yenr.Q.- Did you know him well?times and ohool bu, in-

A I s d, he lived in our nei ; 1-saw 1,111u frequently.or not,A. Ion t know; he look.c..-1 like 9..a „he treated 1,)y the Authorities hero 'is an I mil an?in 1#11.t way do you mean?Q the authorities of the Ni;Linj here treat as anmU '7121?A. I t know ; doe. that Llean to vote vij hold office?•- Did t:! ey recDiTi ze him?A,- I t VIL .k they lid,r)you h. ow whether Gov. Overton took some intercEt in himand irr:-..)tc back t fiL( 1. out tribe be bclonipy d to?•- Overton wa a merribei4of his church and rrote back there tofind out 7h.q.t Tribe he 1A-,!lon,7,e(1 to.Do you 1,.u' low whether Gov en. ior Over toil oi ri poti ti on ?- NO, 5f, I don't kDw thatQ.- You E,4,..y he looked like an Lai in; that,ne dark?A.- rQ there were you born and raised?A - On the north 'bank of the 1101 Liver,A.- Ye:,;Mr, rni ;You hare lived rwiong the Indians all your life?Q - is it nos si b e for you, hay i n6 lived alron7ie n.,11 your lifei f a .oe. rso n is of ii.:iinn blood?Yes, qir, I hive ire dark, can toil whetherthey ire Inlians netobject to that, of course,ix. No ;- Di 1 his nnral i,ppe aranc iMicate he wi,s an Ix -1(1i ?

; nT.I..ve you, no t s oen r' o who i.m.re, of •-.) the 1-2- ,co e ',)70 res krk ni h.eA. Yer, ir„WrIs • 1 7 ft,nyt rirri •„' bfA'C7ef'rrl r.:!; IMUJ,t: thit, you 1.-r...vo sornnr:N (3, r ii3. tu1y rici I fertt .u.ret,3 *You crInnot tell fron the Dr2r10 Rpnelrinocwhether he Arlo, of thii rin blood or 0 the r .forei race ?S'ortni sh or Cterann. ..., sir,he re f this. country?From -ei aiid Al rtbirna.You t iiOW rtinv2; lb out hir re e ,arri n intheNation?No oir,(.) .11c,.rton ck. ,lyt by bl.00d.?A.- Yer,„(71nctr, . vi you r thrtt Overton ” to.A e ?A - Yen, i r' • A In., he took a iH .„ -4e Lt inter°. t im him?Yeo„thr ohurch thatC. - • He wrotc tyl.c17. to 1.scertain. whi,t Tribe he be 1°47- That i s my uierntmQ Then Ovorton did. not kriqw 'what Tribe117(1 to,

sir. He rrotr, back to find out, but he Vi r J 3. findout,tress excused.'No ;Jesi re to offer n, co-7 of the Ju.1.ment of the l'rebnteCourt of Lraiderdal c County , A1bina, L -irf.„ le Jan ry 3rd, i83,to ':',rove the time that rinom Askew ied, and to prove thlthe trrls rol at e i to ,,lux ri 1 I Askew.Re ads the n9ner. Exhibit 'Oniir7 A" , :0, rtnes caliel by the P1 inti if s , ity ovo in ter, ti fledrl,s follows in o the interroiatori.er pr 77)ouMed to him- Mr, No rmi r your rift- - nr- Arlk ,`t, • : 3 your 9,ze ?A. 'thirty three,Q. -Judge ;n'1. 0 -15)u r 7 11r]..-er09A . Dart rri t r -c7Ear • NoriAn;Q.- Are you one of the parties to this suit?A.- Yes, sir.Q.- Who wan your father ?A Newt • Ar, hew.Q.- Who Trn,s your mother?

cjr r.ors., 1.1-11 i. , 1111'1 if o, ho arc theyrIv"-7.71:-.J.9.t are t1.71.c r 11.1..rner.1Ye, i r,"i l i , Miry Jrtc .non, 'VI 0 1. Hefner ,r, r?„.. r-ir.. How of t .7.- (7., e 7) rn rri 111"Yil Ch one s ?A They nr e any r 1. e- ie'Jr i tnr tirlok .7.on, who the mr.)..,nryTon , ..110, on.-.I. they T....rn,rry imier the Liii 'rtia— NO, .nir,.they chLtArcn r .hn,t mar ri ?, - Yes, ryi r•s theP.re the rinmes of the cEi. 1. ,1ren?-141r n.:71..i.n, A1rri,, ioco , 1 Whei, iil Ch,,,,r1esJcic son you relk ()I', the same one in tal1.1" .1,)n , 11 len jnck on .A.- Yel,in 4.6 1:i7 77)etiti on. 1.s. Elizabeth Viol P. 'ner?- rsi r*cv —14 1•rrry OA.- Joe fiefrir: r„-ri 11(1 :-. ,}1.c.; rry .In I 'believe1111.,ve they 1. lren ?A. Ye i, i r• ' ,,,re their nrirte s ?A Ai; e, and loC.- Mit nre thea7ps of the children o f ar V1 en 3 k eon .

couli not tell exac- erc., 9.1").Y of them horn in ce €."= , • 6eLloc r 25, 190 , 2A. Yes,oir, I think -cdi oneA ..„ T.) s or1e wk '2 ,A. , i r, none of them,of Vi o1.. Hefner born.,pterclt/-1902"L. 5 -Q oneA.)].T14. you 1.19.,v d, sioter that - • ?A - fer, oir :ioxey ,A11. •Jaye th€v cIi1ircn?,kr,.en w it born?believe in irchI s yo ro the )-/0o•- Hive theyA.- (inc .en w ps V: „.5,t child. born?601):1:1 not year.• "*.t V.' L.„9; orA.- it is le r„hen di 1 it ?5 - In 190.2, I. reckon, Or .1903,n _ o'ihat) w.s I tn 1:nine ?J)J iU5 El r1,

1)ii it iie aftcr thenas:7 ,1 r of the Eiu -orle:Irntn1 Treaty?. -A.- fes, ir.Q.- io lit Dall- ,r marry?A . Catherine A4cAr.Q.- _en lii he marry?A.- I. '39, I believe.‘.- Have they ay chillron?Yei,k.- one.Ir. Cornish;lior many'.(.- rii wls it born?A.- I 0-T.-not tell you.Q.-f.'ince t c nar1-7e of the Sixonlemental Trelty?%.- Yon, -ir, I -uoss it was, It is about o.e or 1.-o yearsr ,old.Cross A.amin ation,How old 'lid you say you 7ero?A.- Thirty three.:len did you arrive in the Ch otaw Nation? .In 1890 arrived in the L;hickav!w Nation.,•- H ,I,Ve you - lived there since 18901A - Ye , sir.OW,here did you live prior to that time?A.- in Arkansas.Q.- When did you arrive in Arkansas?A.- Abo7A 1875, I think. •Q.- Then you livelin Arkansas from 1875 to 1890?A.- Yes, sir.Q.- What 6ounty in Arkansas did you live in?--b6--

A.- Fulton County,,Q. Uf courre you were just a boy, you were not marri ?A. No, sir.Q You were living with your father?A.- Yes, sir.C. Whit was your lathe '0 e?A. Newt. Askew.Q. Your father moved from Lauderdale County, Alabam, to FultonCounty, Arkinsas in 18V. (1870?! I think so.Q.- Did he buy land there?A.- No, sir.Q. Did he own land. in Fultcm County Arkqnsas?A.- No, sir.How did he make a livingA.- he rented land.Q. How long 11.i he live in Fulton County?A.- About fifteen or sixteen .years, I think.Q he rented land 1Z1 d paid rent during that time?A.- Yen, sir.Q.- He sent his: children to the public schooYes, sir ,He voted in the tate Elections?Yes, sir.He nrtid taxes?A.- Yes, oir.',ithere did he gp when he left Futon County?A,- To. the Chickasaw Nation;Q.- Ile made rtr_ication in 1896?A.- Yes. dr.„

Q. You were born in Alqbama, -fore you?Os, ir.W1tn$f3E OCOU 9 l,Will Askew,ft witness cralei by the Pla,intiffs, being du...sworn, testified,an follows in aaswer to the, questions propoure -,..ed to him1.r, Norma;Q.- 'What is your rum?A 11 Askew,Q.- Where do you live?A.- NeArWhat is your acp.A. Thirty seven the 16th day of November.Q. How lo,r•,i,7; have you lived 1 -!thout seven or ei t yearn.Q, WYere did you cohie f .orr, when you came to the Indiui Ter.ritory?A. Arimens.Q. Femeawr what year you -pt toA.- In 1830, L thi4A. it \Arlo.Terri to4. VdIat tve were you whrn you got here, were you twenty one?A.- Yer„ sir, I wls twenty one,Q ,- Did you ever homestead. Illy 1- clYA No,Q Ever take up any Lind any whoA kQ Ever own .qy land outside of the rtn TerritoA.- No, sir,Why did you oo:e to the inrlian Te „ritoyy.Come to get a hoe and be with ay. people."iVhq,t do you mean by being with your peop

A.- Me InU n Tribe.Q.- You un',erstooi you were of Indian e,,r, tion?A.-Mr. Corntrlh; ._••to•t„la, of courFe; upon theis Leir soy.Norol,n;Q.- . :e ylu mnrrioi or sd :A V:,!he-.lid you Marry?Q.- You yore tti nr tLere a while rw:10 nni3. hear', Henritestify uo to his brothers Ind sistrrs, id othr: r relative PA.""fe,„statements with reference to thrtt were true?- Your -i -ter, one ' them, hiary Ellen, 1..nd silo married•••4• .Tor.1 Jr1,7.,k7ohf:Ye,Viola Eli both, she married am ned Hcf:ler;- Yes, sir.Another one married 171, mAn namedA.- Ye,, sir.Newton Aker is yc)ur father?Yes, sir.„,• was•your mother's nnxie?A.- Nn cy Arlker.• Were you T.,arried under the Indion LaA.-Kaow whether your father was or notA.- I don't think he VMSQ.- V:71,s your mother a white woman?-

A.- Yer ,,, r41r.Q :Tr:txr wi fe?A.- he i white volxiqn.0. - Pure wl ḻite or oixei.P he 0111.:; *part InlionC r 3 rMr. Jilasfie7.1.;c l 7ou r.;! .:"/ you -Tere?TL„77,even.Q.- How oil ‘,..ere you rlien you Crie to the inlian Tertitory?A.- I coull not toll you jut exactly.r .- About how 7)1d were you.A. About twenty one or two ye ,,,,I7E7,.- YOU Were 0Orn nI ro.ir I in the Stnte of Arknylilas?A.- No, rdr.Q.- Whc ẕe were you born:A.- In Ali.bruna.Q.- You clme to Ark ioo with rur father in i37 qi.d rernj.nedu.:HereA..- Between fifteen an.71 !,-,irteen 3re ars- Now, your fnther and Turself wore citi7en of that. E3tateanJ e .Kercisci the ritl of oithens u.ndor theGovernment? You voted there?never voted Lag.- Your fatlir did?-icn, 7ar.- You c-arx in. Yeo, sir.Q.- ,There U. I you ::11) i7i.hen you Cirde here?A.- Clore to Lebanon.Q.- rii you continue to live with your father?

yp,A.- Yes, sir.Q.- -A. - Fhat -111 Jour fntly,r lo for - nald rhat lid you do?A.- Atelier.Lid you rent 1 nr.1 from?Q. an he a oiti-,cii?A. - Yel, sir.Q. -youcontinue to rent lard?A.- even or eitrit years, be longer.- When Iii you fir:7t nut in an application for citizenshipend e-.):ercire ornerchi .o otler ri.ny :property?A - 1. on ' t know 1..] y v7h9.t you me nil by thrtyou first take stens to file 9. (3 1 aim for citi enshir).A. - Before Counci ?_ No, ho7.7 mrtny rar, after you crIme here?The next year, I believe.You ',!:ere not adnitted by Cour ,.ci ...-ere you ?A. 7ir.,•.'them you anip7i cd to the Con7::i on?• - o the .Dawef.7 Comi. No,'ore y:Du admitted by them?- You T,:ere then admitted by the United Stptes Court?A.- Yes, nir.Q. id-you, or your f9ther, ever own, or atternt to exorciseornerohin over :Lind until after you had been airlifted bythe Unitel tntos Court?A.- No, sir.Q • - lou stated in re ,x2onsc to a que2tioL a while .that youcane from Arkansas in 1890 to ,7,et you a home and rejoin yourTribe; I rant you to ex-91ain why you lived in Arkansas fifteen1:1

years, ,)ef ,7)re this Irib ,It vi-1c cl iainulse struck you:.1Door country and I vms too poor to cone here.Zou were more able to coTfr when the iwbulse struck you?A.- Yes, sir.Q.- It took you sixteen ye'lrs to 4et out o -1' Arkansas?A.- Yes, sir,fl lou onme here to rejoin the Tribe; you found the tribe;why didn't you. assert your ri*ts as tribesman, inste4of ipin,74 on najin7 rent; you were not much better off thanyou were in ATrk2nsas, were you?A.- I can hardly tell, jut eJ:actly.You certadrly know rhether you crIme here qnd b!lid rant.A.- i ddn't orn a rlace at that tiaR; S had to rent,youQ.-your ey:r1Dation;,. ..TA here and you could not grt•a -lace .7.xid you hasd to rent aad you hal to coIltiue toA.- yes,rent for seven years?Q.- Th.ni.t I your nnsrer?A. Yer7, sir.Q.- Don't you, know th5.1.t it is f f et that if a ,:nn w ,t, a memberof the Cickare)r• Tribe, he couTA. -To n.nd tn,ke rfosw -,,sionof this rich 19..nd and rent it out to no-citL.7ien3 1d etfrom Thirty six hundred to Four Th..usand Dollars for :11 .t?Do't you know that to he a fact?A.- No, sir.Q. - 7.Dn'tyou know that to be a fact?A.- No, sir.Q. You 1,Lno7 scq-e neolle that have no claIld iL all, clainithisland?was not adle to get any of it.Q.- lou remained here seven yeirs before you 11.--,11 of ariy?A.- Yes, air.

Q.- Did you know .vent trie of Ind.ianrj you bc nq1 to when youA.- le-t,left ;"1-kfinflcQ.- -o you know tIt to Je a fact?A Yes, sir.A.- Nb,Then it was never necessary for your fl,raily to make anyinluiry as to whr. ,.t tribe they beloel to?Q- Don't you know as 9, matter of fact that nemberc of yourIrale inquiries Rnux of onvinent inthin.s, withview of fiz 77 out what tribe they bc: 1 on: .19 I to?I don't know.Q.- You don't 'mow now thnt iribe you belon7 to?Ye,* YOU nfly you lon't know thnt Tribe you belonp: to?h-lt Tribe was it?A.- Chbota!rs.You stated a 7:1ilethqt your motive Irtl to rejoin yourpeople; why diln't you rejoL,:a your iOeOOr inste7li of :loingO ver into the ChiCkRT; why didn't you rejoin. the atioctaws;rhy war, that?A.- i conneetili here.Mr. ilorman;- You stated in ans7er to r,uection,after you Tot here you tried to 7et a iit before Co -aacil;wh7t dil you do?A.- H!.: put in a clnim.Q.- 7o17 ,7 lid you out it in.A.- V:e, were toll tha't all Te hal to do was to prove that wewere blood relatives.Q.- Who toll you that?--73--

Dvi n1 Nail.Did CoLtmil ever not on your cp,serior t think it did,re you el,Tr P„,t Tusifthp:horaria, , t the ''fliounci1of the Chootpm' sir .1 rtrIT of yo17,r fprdly ca :1 a netitin over youk -.c: • “ of lny 7uc - thinI could not tel for certain whether they iii or not.you Thy you ft171 not cone here 5ooner,p7e were you when • you c ,71e here? '7(..7..en you came ITrefrom Arkpnsas?A.- Twenty some.Twenty five?A.- ic omewere, alone, there, I 7uess.Q.- Lou don't know exotly riapt it w19.A. No, sir.A . - Yen,Q. Lou-A.-LT)en:kin about rent ,Ind. TrInjs here, on't you know on theeontrrlry, that a rnn who is not a reco7nizeJ cLtien Dannothold hand in this country?firt 17.].e to secure reco7,.... Ion frorr. the Tribe beforeyou can hell Mani here?Vtnes excuse

You lcft Alabama, *here lid pu Txpect to A, before youfltopped?P To ..1,)t to the ii1 ,n Territory.Q.- Why lid you CIOIX here?Afp'"' 114y pecyole W.3here and we 113 looked down unon. 11 , ara,ne.deraled faily; I thou 7t I wouli feel better olA here.Can y.f. ,u read?A No sir, I could not read my awe in pldnprint.Q.- ' .--Can you rrite?A No, r,ir„Q.- That in.,s your ip ihen your father died?Npvs about eitt or nine yer9 olii I cannot toll exactly.- How lon7 before your father death did your nother lie?A About one year.Q.- Then you were left n..n orphan when you rere about ton yearsold?Yen, sir.Q.- After your father died and your flOthE;r, that heo'le of youthcnl .bound out t,eA,- I waz ix= 74(Īthone of Iv u;.cles by marria;g, nue Hol len.Q. That wa Calvin C, Holden?AYetl) gir.in what coaeity,as an apprentice?A.- sir, bound to my u_cle until I wl,s twenty one ye arsold.How oil were you when the War came up?A.- I cnnnot tell you positively, aboA Td.licteoll I 2urpotA).Did you ever know any party bi,,ok there by the lame ofAaron Askew'?Yes, sir.

. what race or nationality Tvz he?A.- He claimed to be of Choctaw descE.Lt to belo:. to theChoctqw Tribe of Indians.Mr. Cornr:h.;object to the auestion answer beon..u. it seeks toMr, Norrtnn;prove by her nrcy evijence, bLod and rac'i_ql 5t2tU2.q. have you seen hill" freauently?Lime awl a7ain„tRtO Vii1,t hul Ft1)0&I.7qX13€ ?A .- From vhat I know of other Indians, he had the ag.pei../'•=7,riceof an Indian. 71,di he told. me he wH:.,s, he Irvi.aro 74 c, in bis oonversati on.; he-4- Iv •couri. not I knowthon you cie here Iid you expect to come LC the Choct-07Nati on,". Yes, ;lir,n U..d you settle in the Chickas-Jw Nation?A.- :Luoly from thi. LoL, I had relations here ' learhelthat it not L .fiko any diffel ..clice wher I -• cnt and I •felt better satified near my relatives if I could. holdland in the QhiAas -iv ..,:ation, as 1 .;!ell as in the Choctaw NatiaI would rather live in the Chickas ,Avkre OLt relaLd to-A,- les, plir.In IC.fIT'6 WaYL.Gana D. liolten:'?su000e her 1J -lother kunt'.Do you know whether the HailitTA IIOUiAtofls axe on the rollor not?A.- No, sir,_77 .....

Axe' you related hl any way to 3.B,, ,om, rndtm17.:kewa,,ci Bell Henirix?A. - Yes, sfdr„• How are you related to them?A.- Own cousilis to them.Throu whom lo you trace your relitiorxhi.Throu lt niy father,Q.- 1t kin your father to their father? A. Brothers.Full trothcrs.Ye,That i %Int they a Lwriya called one another.-;,), that .4rs. Hula jito.a's !other was your /Wilt?Yort,-rtshe related your father in rixly way?W$ h r name?zabeth.,'4NhoiL 1.2.:1 you marryA. - NaioyBashrtm.A. .APL."' On the 135h day of „,:ly 1866.A.- Yes, air,• id y -the a white wonnn?A. Yez',, sir, six.have any children?are e ?A.- Wil1inL4 Howari, Mary Ellen,Henry F, Twsrri, zi.belnd Roxey.Q HOW on i 1,1,ry lien?A.- Thirty five-.Q, How old i Viola jiizabcth,A.- Twenty four.--78 -

Q.- Roxey Corielia?A.- Nine or ten.Q.- Dallas?A.- Twenty one.Where do these children of yours live?Pt,- Near Willis.qe" in the Indian Territory?A.- Yo', sir, Choctaw Nation.-.- Have they live .1 there all the time since they came tothis country?Yes, sir, when we come to this country we stoined nearLebonan ani then came down to Willis and have been there everF3ince.Then all that family lived iere when the aDnlicntionw ,s filel in 189G.A.- Yes, sir.• Ellen'sQ.- What are the names of Mary 13cirrxismicilicz, children?A.- Tqylot Jackson, Alma, Chan. Roscoe, ani Ethel.Q.- Know whether any of these have been born -lace 95,1902?A.- 1 coull not tell you for certain.Q.- What are the names of Viola Elizabeth's ohdiren?A.- Altha (or Alpha) , tikit Ardlia, Annie. i canllot tellthe other one's n-„me.Q.- Know when the last one was born?A.- No, sir.Vs it since 1,7eot. !?.5, 1902;A.- I think Probably it has, I.would not be positive about it.

C ross Examination,Q.- Who was your father?A.- Torn Askew,Q.- Was he the son of Aaron Askew?A.- Yes, sir.Q.- 'ihere did AarDn Askew die?A.- in Alabama?Q. - Lauderdale County.A,- Yes, sir.O.- And he was buried there?A.- Yes, sir.Q • -A. - I don't know that I could zive you the date exactly.i think it was in 1862.Q.- ihen W -11 your father born.A .-1 coull not tell you.Q - Know a:bout how old he was when he died?A.- i wa jbout ei4t or nine years old *hen 1-e ,Q,- You are about 59?A,- Yes,How olt1 was your father when he died; Jo you know that?A.- No, sir.Q. Oan you 7ive any ilea?A.- No, sir, I cannot.Q. Lauderiale CouLLty is rit on the Tnnnessec River in thenorthern oart of AlAblmq?A.- Yes, sir.O.- You lived thereuntil you moved to Fulton County Arkansas?A.- Yø, sir.Q.- four 7anlfather was elected to office in that county?

A.- Yes, sir.Q.- And he was a Bantist Preacher?A.- Yes, sir.Q.- You stated that your reason for leaving wls because youbelon7d to a lesnized race:A.- Yes, sir.They II not look do7n ānon your gy -indfather, did th ey?A.- I surrlose they did to some extent,Q.- You left there to rejoin your tribe where you would beatnon..(7; your own people?A.- i es, si r,Q.- You were not amoil:); your , eonle i- Alabama?A.- No, sir.Q. -You had never maintaine 3 any tribal relations with them.A.- i knew that we were Choctaw Indians.Q. - You lived a; (ion white neonle?A.- Yes, sir.Q.- There were no Choct9w Indians there?A.- No, sir.q . Or Chick-asaws?A.- No, sir. A few scattered around there.Q.- No consii rable liaLnber of Choctaws and Chickasaws LhPre:know 'Illy other family there that claimed inlian Blood?A.- Not just in that country --Q.- You rere born -there?PL.- Yes, sir.Q.- Your 72eonle were votin and hollin,7 office there -s farback as you can remember?A.- Yes, sir.Q.- That is as far back as you can remember?

A.- Yes, sir.An far back as you c'In remember they were voting thereand holding office?A.- Yen, sir,Q. You voted there'iA.- Yes, sir.Q.- ;len you moved to Fulton County, Arkansas, where dil therest of thee Askews liveq.- come here in t1e Nation.O.- lihen you moved to Fulton County in 11375?A.- Yen, sir..- What b_cle did you have that lived in the Tciritery in11375?A.- I don't know what yelrs he hved here; Murrill Askew washere.Q.- There wIs krrill Askew living whal you left Alabama?A.- Grayson County, Texas.Q. - Jii you have a sin:Lle livin7 relative in the Indian Terntryin 11375?A.- Why, I lon't knor whether i did or not.Q.- Don't you know you didn't,‘.- No, sir.Viho were they, if here':A. Murrill Askew.ht livei in Grayson County, Texan:, he?A.- I ion't know.You moved in l375 to Fulton county, Arkansas, at thattime, the Askew family wan living in Texas end Alabata,is not that true?A.- I don't know; I couii not tell you what year; I tell youlon't know.

There were none of yDur people living in the Territorythen?A.- No, sir.They were livin7 in A_ 9b9ITI. then?A.- No, sir.Q.- ..c11, where were they living?in Arkans.,s, Iaess. I cannot keep un with the Iltes.* You know where your mother's and father's brothem andsisters and uncles 9nd aunts Yere when you left LauderdaleCounty ':Ind rent to Fuiton County, Arkansas?A.- No, sir.Q.- Thrn you don't know?A.- No, rdr.Q.- Then, if you don' t know where they were, you don't knowthat they wore in the Territory.A,- They c?,ne before iTell the Court where they liveA.- Near Lebanon.in 1375?A, don't know it Whether it INiz that time or not.k HeIs it not true that when you went to Fulton County, Aracfki is aSthat none of your novile had cone to the Territory, don'tyOU know VIA is true?No, sir.The only one that lac left AiabirLq 7i„ Murri 11?wn,s out west,Q In Griyson County, Texas?A lie was when I Iirst he-ari from him.Q .,,;ee by lookin at the man, you having left there bee ..it was not Lnleast to live there, and the only relativesyou had out west were in Grayson. County, Texas,-use

you started directly rlymy from 'where your relativeslived and you started to hundred Niles north of theChoct ,lw Nation. Didn't you start to Arkanss?A. Yes, sir, ri4it throui4a Arkansas.A.-You Tere in a hured and fifty miles ( gm just estimatingit from -the Territry.t,.he man) to two hundred udles out of your wayThat was no boly's business but ay own.Q. You lived there sixteen years because your 7.)eople notcome vrest r ,nd you ziad no intention of cosidn to the Territory.A,- How do you la 0 ? I 7as intendLi to come to the Territory.as f arI find that if you had traIeled,. :in a strit line directlywest froth Al. abTha throuh dissi2sippi, as you did towardsArkansas to the 'Qoint in Fulton County, from which youssid you were too noor to Ep, and where you were stilla hundred and fifty to a hundred and sevel -Ity five mi -lesfrom the Cinoctaw Nation, if you had travaed directlywest, you would have been within less .from the Choctaw Nation,,han a hundred milesI came throu7p. th.7t tart of the country becaue it suitelmto cbule that way; my vi e had some people in Arkansaz andwe wanted to see them. It was rry bu7iness about which waycome to the Chootw Nation., You didn't have any body out here to rejoin at that time,did you?A.- No, sir,Q.- Fifteen years after that the rest of them had come outhere and settled?A.- Yes, sir.Mr. Norman;Q.,- You talk about that mar ov(7.r there, would you know it if

you saw it?A.- `_'1-Artble is just as Iriuch to me fts that mar.Q.- You cannot read it?A.- No, sir 1 I cannot keen up with dates,Ir. Mansfield;Q.- You know that "Fulton County is, in the extreme northernnortion of the State and borders on :Ai ssouri?That is what 1 hive heard,Q.- You lived fifteen or seventeen 'rears in Fulton County;you know it borders on dissouri, ion't you?A, - Yes, -111-,Judge Alnms;B.B. Askew uidEm. Acm,kew thattestified here, 171.1was theirfather's name?A.-- Did you know gurrill Askew ui Alabama? You knew himrlilen he left there; you know when he left there, don'tyou?A.- Yes, sir, but I don't know VeJ)lor,bYou say when you left Lauderdale County, Alabama, youdid so to COMP Out here with your ncoT)le?A,- Yes, sir,vvr.ot -ad you MC In by that?A.- The Clf,octivl neonle,Q. You dill' t mein Murrill and his family?A.- Yes, sir, them included with the b alance.Q.- Did you have any cortarvnicition lfter you Dt into A,rkros9.,s,Did they write to you?sir, I -ypt one or two letters.Q.- You knew at the time yoti left Arkansss and started for theTerritory, that they had been aimitted as citizens?A.- No, sir, I did not know tnitit,

C:Too B ewer,a witness called by the P1 aintiffs , being c1u17 sworn, tes ti fi edag follows in ,a.zis Ter to the nu e s ti on -E! i;oroDounolcd to himBy Mr. ;Q ht is yor nine?(leo. Brewer.Q. - How o11 %re yoThirty o e ven ,. -Whe re io you v e ?A r.-.)0Th7C, ii,Are you married?Yes, sir.. - ho 1i1 you irrirry?A C, a Lhc riiln A7;Askew' s 1%ut,cr ,Q.- Where i Wsh. A-ker?A neQ • - it wq,r his full mine?A . - .urri 11 kflire'r.- Who ii1 1rri 11 :irtshi nrct on mi rrv ?A Becky , if I lin not rnistJen,e re i s sheA. - De T1 .Qiher Iii she (lie?A.- 'he died bc t 1903.'Piz your wife 1.rty brothers sni siters()fl( ;Q. - lie is nn qpnlicruit?""' (es, sir,Q.- Both you %ad your wife are %pplioal.ts:A .- Yes,sir,Hav e you rA,ny chi 1 iren by your wife-

It - Yes, sir.rtrIte their n7mes.Ilma I., :_lmcr v r,,, nncl Mary Bell.Whlt Ixe the ac.1.,en of these ohiren.The oliest one if -1 ten yc ,Its; A.mer in eight (9 .,0 dAry Bellfive.WIT-t is the a7p of John?.- John i! .:1 twenty .. four,I believe it is.No Cross Exarnination.eaused.William T. Askew . ,witness cll_ed by the Plaintiffs, being iuly sworn, testified.foilowl jans7r,. to the (Taestioii9 nró -oounli to himBy Mt. 13orman;Q. thnt is your Jilame?A.- AckeHow old are you?Forty five.Q.- A-Iere co youA.- in the Ohoct-)w Nation.is your fathcrA.- Quint Akew,Q.- is he livin 4A.- Yes, sir.Q • - in your mother?A.- Marthi. Askew.Q.- How many times has your father been married?L.- Trice.Q.- Hoy man; chil1ren iii he have by hin first marriage?'.- Three living.

Q 7A1h!A thei r nqges ?A.- Bell, Vi1lim Thom, Geo r 7e, As .:e .vv- Jow rrnnir chi 1 ren Iii he have by hiss last marri .A.- ThreeQ . - v e their nrune s .A.- T0u..1.„Iii you trnirry?A,- Bettie Tolbert.Q. - 11.1.av e rry c1iliren?A.--Ye,,Is •Wht mre their names?A Thvie , • ‘.0e rry, L1orn, Lilly, Jo ooh, El i z a 9,acl. E thel.'Robert.Hale you of the Fe obi 1 drta been born since September1902,le,"hi oh ones'tLei hobrt,Q iliTs your brother Geo rtjr iri7 Chi ?.A. ,• - ho dil he marry ?A - A Talb. --t,C. ';4' .1!!..t is her fir7t nar .A.- Dora.Q.- Vh.t chil4ren has he?A.- Three.ft. are their narces ?

A.- Sanini - -- Do you r eme ribe r the o the rs ?Hi :3 little boy's name is Quint.Q. Wri.s. he born since S enter:the r 213, 1902?A . think o.Q.- I f:::4 your brother mnrri e 9A.- Yes, sir.Q.- Who . Jil. he m9rry.I cannot remember the narne; I never s97 her buttrice.Q.- . Are they ii vin to.27rther.A.- Yes, sir, I nutmose so.Q.- 11-lve they any chiliren?Q is its nnTreA.- I Ion' t know, sir.No CrossItnes excu3ed.Iln,r711 ,1,1 Turnera witness Grilled "by the P1 rtinti f s , ein luiy woni, ter, ti fiedas follows in rtnswer to the au e s ( -)ns 7 .)ropourclei to hi byNo nrnn. ;- What is your mile?ithrshna Turner .Q. - ht1 is your rv;e ?A Thirty threeQ,- 'Where •elso you live?Lone I5lii.-3 173 —

Q.- ere you ever married?A. - rC.- is your wife livinr ordeld?A. - he is deal.A• -How Inifly times bi,ve you been married to your wife?Twice.* Uhder what laws?A.- First under the United F,tntes Law and then ui.der the IndianL.Q.- a:At Lili an Lnw?A.- The nickaslm Law.Q.- Whom li you marry ?A.- iviattha, Etta Askew.. Cornish;Q. she-wl,s her father?,.trri 11 ash. Askew.A.- Yes, sir,Cross Ex9,,mination.one 3 f the on -inql a9, -)lici,LIts in this case?rhe his lied since then'.A Yes, si r.. Are you el li Pant as a ci ti zon by i ntP rmarriA.- 'Ires, sir,( . 'four name i s in tLis s ui t?&,- Ms, sir.C .- When were you married the secolid time?A.- Fi xth of A) rust 1899.1/4,4 WrIA after your wife hid been admitted 13'}r Ju 1,Ep Townsendat Ardmore.A . - Yes, sir ,ilhen lid you marry the first tie?

A . - The 1 btli -lay of J.d.ailry 1593.ihy t you mqrry ufiler the Inli n rip,v,, r4,t, It time?A.- imer they t.Q - Thy di in' t you marry un ler the Lill 9,n L w t t1 t ?A.- I :pin t ' t ; that ii the beet I can e volqin iMr. No nrign ;ieire to offer letter from the Dawes Commi ssi or., inre to the °urn:line/A of the Hou:ittoriciI believe that is all the evi den e re iesire to subTi'tthis evening; t1ere LLyty be one other wi tness-0

Newt Askew, et/William quint Askew,et al.vs.Choctaw and Chicasaw Hations.Testimony taken this 2Dth day of May, 1904 in the above styledcause before the Hon * Henry S. Foote, Associate Judge of the Choctawand Chicasaw Citizenship Court tou.wit:Hattie MacCarley was sworn as stenographer, and the followingwitnesses were sworn*By Mr. Norman*,Direct examination.Er. P. D. Wright * a witness, testifies Ei3 follows to..wit:q, What is year name? A, P. D, Wright *0„, What is your age? A. I am going on 72 years old,q, Where do•you_reSide? A, in this county, far end of this county,fts born and raised in Lauderdale County * Alabama,9,, Did you know a party * daring his life time * who lived in this countyand was named Aaron Askew? A * Yes sir *S. Lo you know whethaf this Aaron Askew we are speaking about was anIndian? A. Yes sir he was an indian.5, what color eyes did he have? A, Eyes * well it has been so Ikagdon't remember, He had tolerable high cheAc bones,5. De you know what the color- of his Akin was? A. Yea t wassort od brown,5. How long did you know him? A. I. knew him ever since I was bigenough to know people, I lived ttithin two or three miles of him,5. Did you not bring with you a deed? 4k, Yes sir,Let us have that if you please,The following document a copy of which is marked Tidxhibit A.is hereby filed by agreement as evidence in this cause and made a partof this dcrosition,

,Exhibit A„, • Offered ly agreement and aw4tted in evidenee„k (:f ("Vst.,'T,te.t (AA,04., e w.m.'e.—A. CAK, 8, Foote.No. 1334,John quinoy Adams President of the United. StatesofAmerica,To 11 whom thshse presents shall came,Gre;tingtKnow ye, that Aaron Askew of Lauderdale County,Alabama, havingdeposited in the General Land Office a certificate of the Register ofthe and office at HUntsville, whereby it appears that f41 paymenthas_ ny,een m440 for the oat half of the northeast quarter of sectiontwenty seven in Township one of range Nine west * containing seventy nineacres and sixtym•eight hundredths of an acre, of the lands directed tobe sold at Huntsville, Alabama, in pursuance of the laws providing fOrthe sale c)f the lands of the United States, in'Mississippi and Alaba ma,There is granted by the United States unto the L.4d Aaron Askew and-his heirs the half quarter lot or section of land above described; To HaveHave and To Hold the said halt quarter lot Or section of land, withappentenances unto the said Aaron Askew and to his heirs aric assignsforever,In testimony whereof, I have cauad these letters to be madePatent, and the seal of the General Land Office to be hereto affixed.Given under my hand at the City of Washington, the twenty0fifth day of'April in the year of our Lord one thousand eight hundred and twenty . fiveand of the Independence of the United States of America the forty ninth,( Signed) By the President, 3 0 Q. Adams,G, W. Gilham, Conmissioner of the General Land Office,( Seal,)Recorded in Vol. NO, 14PagState of Aaabaxna,Lauderdale County,19 S. W, Frierson, a Notary Public in and for said state andcounty do hereby certify that the foregoing is a true and exact copy of

a certain instrament in writing now in possession of one 2. D. TiEkof said county,S. Z, FrierapniNotary Public,Cross 71ximination,By Mr, Itichardsonq. Mr, Wright you also know the sons of Aaron Askew? A 0 Yes sir,Wasntt Aaron Aakew your guardian during you r mi4lority? A. Yes sir,.* Didn't Merle •Askew and Nashin,gton Askew each marry a cousin ofyours, A. Y'w sr,Q, You saw a ,9-eat deal of the Askews during their lifetime androsidebce here? A. ?es sir, I was acquainted with the whole family.You were intimately asociatod with the Askews during their residenceq.here? A, Yes Sir,q Did you ever hear Aaron Askew say that he was an indian? No I didnot,04. Did you ever hear lerle Askew say that he was an Indian, A, Yes sir,0„ ou hoard Merle Askew say that he had Indian blood, A, Yes str.0,, Did you ever hear Ierle Askew or Aaron Askew Or any body else sayto What tribe of indians the Askews belonged? No sir, I did not,iO direct Txamination,By Ur, Norman*Q, Mr, riht, what boys or sons of Aaron Askew were you acquaintedwith? A, I was acquainted with Merle, Tommie and Moses, Aaron askewonly had three sans.Q, What daui7hters of Aaron Askews were you acquainted with? A. Iwas acquainted with Betsy, Li;Jo4 p Levie s and Matilda.qs Who did Bettie marry? A. She married Joe Douglass,V41'ie did Tom marry? A, Well sir, I can't tell whO he married,Did you know any of Tom's children? A. Yes sir,0,, Whet ones? A, I knew Ojaint, Wash and Newt,Re cross ',1xamination,By Mr, Aichardson,

4. Did Aaron Askew hold any office in tilis county? A. Ye zir, howas Tax Collector for over twenty years of Lauderdale County, Alabama,Q, Wasn't Aaron A5kew a preacher? A. Yes sir.Q, Wasn't Merle/ Azkew a preacher and also a school teacher? A, Yes sir,G., Did ",Tu ever hear any of the family except Merle say that they hadindian blood? A. NO sir ., I never did.q, Do you know where thay came from to this county? A, No sir, I donot; they catrAl to this county before my time,Q„ Did . they own land, vote and pay taxes in this county? A, 7e8 sir ,4„, Were their 44,Y other indians living in this county? A, No sir,Were the Aekews treated an respectable white people in this courty?A, 7tes sir,Qm . When Merle Askew left here did he not go to Texas? A. 7rts sir,that is what they say, when he left here he went to Texas is myunderstanding?, By Judge Foote -Q. Mr,Wtight, what was the chursh Aaron Askew preached to? A. Hepreached to the churches in my neighborhood, Pleasant Grove, Lexington,and BlueWater p Prilyiative Babtiot Churches; sometime oalled"Hard Shell"Babtists.4. Were the congreE tions to which he thus preached white peopleexclusively, or were their Indian mmbiers, and if so What tribe ofindians?A,He preached to white people exclusively, th.ertl were no inaianmembers,By Mr. NOrman•airect Xxac:dnation„q. Aaron Askew was treated like a white ran; was it thought that h.ewas a white man? A. No sir, it was thought that he was an indian byevery body*Objecte • to by counsel Sot the Chicasaw Choctaw nationboth 413 to question and answer, on the ground that it tempted toshow racial status by heresay testimony. By Judge Foote, objectionsustained,q o Was he treated as an indian or was he treated as white folk? A.Now explain what you mean by that. Well, he went ju, peoples houses and

slegt with them zu4 slept with thwm.Q. it different treatment would he hry.ve recieved if he had beentreated as part irdian? A, Well I coaldnt tell you how that would be.e"'‘If he had been txxximix part indian would he have recieved differenttreatmert from what he ale. recieve? A, I can not answer th4t, I dontknow whetr thil would. or not,Q. 76u ,! ..ro not able to say? A, No L;ir,LirectKazTAnation,37 14r. No ranA. T. Clemons, t.), witnes, testifies follows to-wit:It i yo).r name? A. Clemons, A. T. Clemons.v., • What is your 0,e? A. T am about 65 years old. I was born the28th of J'aly, 3838,Q, Thai lc your post office address? A. Arnot t Lauderdale Coanty+Q. Did ',ou know a man in his life time. teamed Aaron Askew? A. Yes sir.Q. 7ihttt was his e,ppepmnee? A. ell, his appearance was that of anindian.q. Lid he 11,ve hi L::h cheek bones? A, Yes sir.Q. Vthat was his complexion? A. Dark, very dark.q. Was he not in fact part indiar? A. He was said to bc, sir, ardclaimed it himself.Defenants ob:J ect to the answer, first on the ground that itis not responsive to the question; second that it is incompetent beingheresay testimony to prove racial status. Jude Foote sustains theotjeetion.Q. Was he treated a an indian? A. He was treated as 4J.,,y othercitizen; respected so.Q. Did you ever hear Aaron Askew say from what tribe or indians hewas a aecendant? A. I don't know that 1 ever did sir.Q, Did you ever hear any or his children say Irom what tribe theyhad decended? A. 'cit3 sir.Q. Who told you and what did he say? A. Well I don't know that Ican tell you just exactly, but I heard Merle Askew say that hedecended from the CAoctaw tribe,

Defendants object to both questions and answer on theground that it is hearsay testimony attempting to prove racial status,•Objection sustained by Judge Foote.co, Did you know any of Aaron Askews Ohildren except Merle? A. Les.. sir.Name,tham, A. Name them, I knew Mose/ I have seen Tam but never waspersonally acquainted with Tom and Merle,q Did you know any of the girls? A, Yes sir I was aequainted withone of them, but I don't remember her name, She has been dead naryyears. She married a man by the name of Hill *G.. Did you ever hear any of the old citizens, who are now dead,state from What tribe Aaron Askew decended? A. Yes eir,thay ivrecalled Choctaw, they were known as the ChoOtaw tribe,Defendants object to the question and Answer on the groundthat it is hearsay testimony attempting to prove racial status,Objection sustained by judge Foote, Excepted to for the reason thatwe are not attempting to prove racial status but are attempting toprove pedigree as a fact ana 'Circumstance from which the court mayinfer racial statue,Cross ExwainatBy Mr. ..ichardsonCAI Clemmone, you were born in this county? A. Yes sir,Mr. Clemons, do you hnow where the Askews came from to this county?Ea sir ,I do not, they were here when I first remember,Sw ' Did you say that you never heard Aaron Askew himself claim to bean indium? A, NO sir, I never heard him ow,0,, Did Aaron Askew hold any office in this county? A. Yes sir, hewas lax Collector for several years *q. .Lia he own land, vote and pay taxes in this county? A. He ownedland and of course paid taxes, I don't know that he ever voted, hut Isuppose he did.• Axe you related to the Askews in any way? A. None at all sir,Were their any other indians in this county during the time youknew the Askew? A * No I don't think there were any who would-becalled full bloods,

Waich one Of the Askews did you ever hear say that he oue tee indian?A. Merle. I was better acquainted with him than any of the others,41. Did you know Toe A. I don't remexeber mach aboat Tom. knewand that wao all.Q, Lid you ever hear Tom claim to be an Indian? A, No sir l I hadno acquaintance with him, I merely knew him when I saw him,S. Did yeu know Mose Askew? A. Yes sir *q. Did you ever hear 'Mose claim to be an indiae A 0 I don't knowthat I ever did *5. Haw Leary of the girls did you know? Ae One id all that I everhad any acquaintance viith.5. Did you ever hear her olaim to be an indian ? A, Never did, asI was never in her company very much *q t. Who did you ever hear say that Merle Askew waz an indian?A.I haveheard 'my father and my uncles say it, end have said it myself,5. How did your father and your uncles and you know that he wao anindian? A. Because it was generally known by all the citizens thatthey were indians,That is tee way you knew it then? A, Well I knew it erom theappearance, They never denied it any of teem.S, Can you tell,from their appearance, what tribe of indians theybelonged to. A, No sir s I could not, I ae not well enougl aceaaintedwith indiana to do that * I suppose the Cherokees- Cree .ka s andChicasawe all look about alike,5, Was Lauderdale County ever a part Of the indian country?think it via:; sir.Q. Do you know to What tribe of Indians Lauderdale county belonGed?A. I think Lauderdale county eeionEed to the Cherokees *Aaron an LBO.° Askew were preaches were they not? A. 7.es Sir,04, Vieee they teeeted in this country as reepectelele wixite people?A, Yea sir,Direct I3zaelination,By Mr, Normal *Lir.3. 'Nelker, a witness, testifies as follows to-wit:

44 What ia your nEulle? A, A. a. Vvalkor.What i yok.A.r age? A. 71,What la your pot oiTice address? A, Florence, Alabama.How lone; have you lived in Alabama? A, About 61 or 62 years,came here in 1843,Q, Did you know a man (Alring hi life tire by the name of Aaron Askew?A. '1C3 sir,The. no who was a preacher anU Collector? A, Yes sir,:“A;.4 know any of 144 son? A 0 ,Les sir.oes? A. I lolow Lbrle Askew a son of his, and one calledMoses; anc4i then I know on or two ot his dau8htere: one that marriedLouclss and one that married lir. William Atwell,C,„ What Wa2 the appearance of Aaron Askew so far as indicative ofracial appearance? A. The old acntio=an was very dark complected,He had the appearance of an Indian to me l always. Of coarse, that izthe way I ak,derstand it, I wao raised partly in tlie CrkSk nation,Q4 Vat about his oheek bones? A, .•;ell, as I lwve said before, hehad the appearance of an indiwa in tie face, His cheek bones were high;,.nd. 1113 liair blac.k and 4itrait.(;., • You remember anything about his beard? A. My reatebrance is that henevr:r wore a long blb.rd; nt3 wa63 a guln hi aved„ it WU3 not thecustom ir those days V3 it iL3 now to wear beard,0, 0 Lo you remember at An wore on 114,,; feet? A, No Liir, 1 d) not,04, That did he wear on Itir; head? A„ He uaually or a cap. Itmdgle hi.a very conspicuous to me, I et lam ol:ter in cold weatALerhe had a rola 3f' the cap alnost covering his eyes,go What is your vocation? A, I have been afamer all my life andawl a mini3tr o_ the govul,Wh4t Coonad,inatlun? A. „5vutern Liet4flodiot,4, 'Aaron Askew ww3 minitr of 1;hu Bz.i,oLiat cwArch I believe? A, Yessir, that wa, .14i;3 po3ition in tiochura4,(;„ Can you ui4y oi t race of people Aaron Askew was? A, ell, nosir,Q„ Did you ever hear Aaron Askew or any of hiu fmily state from what

ace of people they were decended?, A. I think I heard Merle Askewrefer to it once or twice saying that he was an Indian 44 I was justtrying to locate the place and time, He did not state to what tribehe belonged or from what race he W0.3 decended,rfe , rendants object to both questio# and answer on the ground thatit is incompetent in that it 12, hearsay testimony attempting toprove racial status, * Judge Foote sustains the objection,Same exception reserved as before.HAvt you ever heard any o• the old citizens, who are now dead, statefrom what tribe these Askews were decended. A, Ilever did.g,„ Are you positive that they were indians of SWAB kind? A, I thinkI could say truthfully that I um from all appearances,Q, Were they or not, treated by the people as if they were Indiansor of indian extraction? A4 He was treated as white people in thissection of the country us far as I know,Do you mean by that that they were understood by the people to bewhite people? A, No sir, I do not. So fur as the richta f t etc,fromI think they had equal rights with the white man. And then the factthat the old gentleman was Tax collector for 16 years it lookslike they were treated as White people,Q. What was his reputation generally, I mean so far as it went toshow to what race of people he belonged or was decended from? A,have frequently he ard men say, heard it right here in this town, heardold Mr. Butler sKrwhen Mr. Askew was a candidate for Tax Collector,th4 he was going to vote for thenold Choctaw ,: nieaning Yr. Askew,lefendants object to the question and answer on the groundthat it is incompetent, in th..at it is hearsay testimony attemti4yto prove racial itatus. Objection sustained by Judge Foote,We except to the rulitng of the court for the reason that itis the declaration of a man made, which we are attempting to prove,and are not attempting to prove by hearsay.0,4 Can you recall the names of any others Who you Jave heard nake thesame statement or simil4r stateent? A. No sir, I could not recallany other naraes especially now but have heard it spoken of frequently.

The reason I remember . Buter,he we here in town und wa3 a m.andrank v. littlo t Lnd it 41.1a0 c‘n impre3sion on MB.By Mr • Lachar4sons.Cross tlIxaminution,o„ Mr s Ulker, was Laude- Ile County ever a part of lands belongingto indiana? A. Yes sir, I uppose so, but that was before Iv daythough,(1, . Do you ow wiiat tribe of inaians owned tile country now co%mrisingLauder:County? A. Yo sir, I do not, T I,Avc undrstood that Lascounty was a part of the Chicsaw nation,Q. Luring thq tine the Askews lived here were there any indiansir4abitinc this county? A. No sir, no full bloods that I know,Lid you 'my that Aaron Askew WV,3 for 16 years tax collector forthis county, A. That is my remembrance,Q. He and hierlr' Ask= were both preachers were they not? A, Yes sir.Q. Merle Askew was also a school teacher was he not? A. HA taughtschool at tite: I understand. I was never at his Bchool„O, How Ilan Butler of wAom you spoke know that iiaron :kskewwas a Choctaw? A, Couldn't tell you.Q, 'e you know what country tlae 113kOWS cam from to ttiis county? A.do not,Q. When tie Aokews left this county do you know where they went; doyou know where they intend3d to go? A, Yes sir, they left hereto to Texas,:..kestion by Judge Foote,Q. Lid Merle A3k0W teach a white or an Indian school? A white 3chool,There ware no indians here except 'them.ae-dirt -7xainatio1,Ey r, .Torxr.an ,-. Where is Cane Creek ? It is on the south aide of the Tennessee,ab out a mile or a mile 4 . ),1-,d a half below P'x'is Station, on thear4 C7:.e.r1c,:ston a, R‘

q. What Askews did you roler to as leaving 'here to go to Texas?meant Merle Askew and family *q. Do you know whethPr they intended to ,70 from the to teTeritory or not A, T. thirk they did, yes sir,Q„ Lid they leave here then with the intention to co to Indian. let,?-A. I couldn't say for certain; that was my arderstunding. I livedin about a mile of them End heard them talk frequently about it. Thatwas What they said that they intended. to co, and did go.Ite cross Fxamination.By 14r. Richardson»O, What was their object in going to Texu87 A. M coa dn't toll youwhat their idea was in going to Texas.Direct Examination,By ilr, NormanMr. G. C. Thigpen, a witness testifies U2 follows:What is your name? A. G. C. Thigpen,4. What is your age? A. 86.(4„ Your post office address? A. Atlas, Lauderdale County, Alabama.C. 4, Did you know a par -V in this county,daring hi a lifetime, by thename of Aaron Askew? A, I did,q. Of what race of people was he? A, I couldn't positive answerthat question sa, but he wa3 always considered to be an indian; ofwhat tribe I know not.Lefendants object to both question and answer on the ground thatit is incompetent in that it is hearsay evidence attemptinu to proveracial status. Judge Foote stAstaine Lie objection *Tc _ich Plaintiff excepts,What was the color of his skin? A. He was a dark cozplected raan sir,what I would call a. copper color ,C4. Do you know whether his cheek bones were prominent? A. myrecoleetion is that they were very prominent.q. What was the color of his eyes? A. _I don't knowq, Was his hair straight or kinky? A. What hair the old c2entleman

had sir, I .think WUu. straiht„ lie was pretty near baad„Q. Was he or notof neer() extraction? A. There was never a suspiciona6 far as I know that there was a drop of negro blood in the old Lentleman., I never heard that question raised until recenlay ,Do you LLow whothe or not the attorneys of the Choctaw and Chicasawnation or any or who has bean employed has been trying to leavethe impression that he was of ne5ro extraction? A, I don't know sir,C. Have you over heard Aaron Askew or any menter Of his family statewhat they were; what particular tribe they were decended from?A. If I have I have no reuolection what it iS •, ad you know any of the children of Aaron Askew? A, Yes sir.q. What boys of his did you know? A„ I knewMerle and Moss personallynever knew Tom but heard him spoken of' as a brother,C;, Do you know any of Tom's children? A. I know oorL that arereputed to be the children o, Tom Askc •MAt them, A. Co.inton t Washington, Newton, and Mary. They areall that I ever knew that are spoken of as the children of Tom Askew,Q, Do you know whether or not, Aaron Askew was generally undecstoodto be, by the people who knew him, to be an indian? A, He was soconsidered,Defendants object to both question and answer, Objectionsustained by judge Foote,Exception as before taken as to the ruling of the court,Cross Examination,By Mr, RichardsonMt, Thigpen, when did you first become acquainted with Aaron Askew?'A, Well 2ir, I suppose that it was about 50 years ago that I knewAaron Askew,Q. Do you know where he came from to this cotinty? A. I ato not air,Q„ Do you know who his father was? A. I o not,(),, Do you know who his mother was? A4 I do not,Do you know of any brothers or sisters of his who lived in thiscounty? 144 I do not, If he had any relations in this county outside• af his - mi.,I know it not*

tosayc,9C, Was he looked.' upon arld renerally treEted in th1 conmunity as a.respectible wIdte person? A. He was looked upon as a respectablean and a gentlennn,Q, He held public Office for a nunber of years I dd he not? A. Ile d.he brnla the offic, of Tax JAases'41or for quite a number of years,Q 4 Lo you know of ',your 074n knowlaage or aa a. natter of illatory thatLauderda1.7 County, Alabama was elr .(3r a part of Indian country. A,• Xdo not know,S. Do you know the.. 1 mattr of fact or '3 a matter of historywhat tribe of indian, 1NA whtlt i nowknown as Lauderdale County?A. I do not,question by ,Tudge Foote., Did I or did I not understand you to say thnt Aaron Askewiwhenyou knew him last,ww3 a man that wa4. bald headed or a man who hadlost his hair? 4. I don't know what you understood me to o4y, butI did .. rotsay that, I did .that his hair wao straiEht ana he wasconsiderabTy bald,Q. te -direc t7,xataination,By Mt, NorIlm.Q. ID reply to the que:Aion put by Mr. tich.ardsbn,state whether oznotAaron Askew was looked upon as an indian? A, He wus,D Zmdants object to question and answer. Objection sulteinedOn the grounft that the question and answer attempts to call for sand the question afld answer attempts to show raoial ot ,)tus,which w - excepton the ground that we are not at t elm? t inE: toprove racial status, and are not in this case attempting to groveracia status, A.s our opinion of the law i that racial stat as hasnothilag .do with the case, and that ) we arc now try nr to f,I,OcAreracial status,3 Mr, NormLi . rect Fmr, ination,Mr, 3, F, McDonald, a witness, testifies LiaJ follows tolowit:44rA ix, your name? A. J. %. J:c1Lonald.How old are you? A, ay fathers record says that I was born

when2eptnr,bar 1, WAieh will AwRe m about ego years 01d eQ,. Wheve ao y cu live? A, Green Lauderdale county, Alabaa.How long jou lived in the county of Lauderdale? A, myfather moved to the neighborhood in Lauderdale county l in 1904, Ihavi livtld there over since:,Were there any inUlans in this country when *Jou first calm) here?A, Thc indians were not in the country .I came here, There weresow In Limestone county but there wasn't any here unless thoseAskewc wcre indians.You don't remerrbor then when the indians went away from titscountry? A, I do not, They wont away from here .never saw them,,before I came here.0 Lid you know man t dur-lc his life. time, by the me of Aaron Askew?A, Aaron A3kew, Yes sir, I knew well,S. rid ynu know any of his sons? A. -nts0, 0 Whct were their - names?A, !i:o4Uerle l and Mose., 17=43 ths auhters. A. Matilda, Liza, and Lovie;tnat 4.0 all thenames that I know but there were nore of them than that, but that L3all I know,;0 You didn't know all of to piris then?A.The mimes have slippedgaliory but I suppose I did.CAI. Do you know who Tom Askew married? A, aell sir, I can not tellyou at this time; I have knOwn•q. wv.111 she whitc worn? A, I supporie she was.(;. Do you know any of his children? A, Tom Askewe children, 1 uue tosee a boy by the name of quinton 0q, Any Other? A, No sir,O, Did you know Aaron Askew Wire? A s Shewas as fair skin womanthink as I evor saw in my life. That is my rocolection, she wasa real fair skin oman eBy Mr. Aichardson„Cross Examination,Q. Mr, MbDonald, do you know who Aaron Askews father was, A, No sir,

I ao rot,. 40. Do you know who hin mother was? A, No sir 1 do not,Did he have arT7 brothcTs or 3 2t:?.r3 in tht county? A. If hehad. at all know nothing rtbout it,SW Do yoil, knikw where Aaron kikow caLle from to tiiis county? A t No sir,I do not,C, Do you know whether or not thiz; country an tally colprizndany indiwq country? A, Eo sir, 1 do not.Counoel waiva the certificate signing at thi8 place, 21orenceA.1.ama, and consents that it may be made at any time heraafter beforethe trial of this cause at lishamingo, Indian 'J,eritory,

I t Henry S. Foote Associate Judge of the Choctaw and ChicasaWCourt of Cittzenship t who by special Order of said Court this the20th day of May, 1904 1 sat to hear testimony as above set forth .and transcribed; in the town of Florence t County of Laudetdale t Stateof Alabama. And that the foregoing testimony of witnesses set forthwas taken and heard before me; the witnes ses having all been firstsworn according to low And the stenographer, Hattie MacCarley twho transcribed this record was by m sworn to take down the samein shorthand and to transcribe it accurately y in longhand.In testimony whereof I have hereto set my hand, this the20th day of gay t 1904..

Newt Askew 2 at al,1r3. No, 1.Choc taw and (th icka aw 1T.t ion,ian uin t A. sVS. :c.nhoc t avi and Chickasaw I`T.t 74. on.sThor flo No nd an , At !, rney for plain', if fMan sf 1 ol d „ McMurray C o rn sh f 0 r De &rid an. tsr, C sh;inn 17, 1904,In the ca of Newt Aslceii : and.Wil. 1.za uixi t Asw , e t 1,1„.s4 t lona :k thatan, testimony taken in the case of Rhodes, et al,numb (dr 9 end J, H. Hill, t 1 1o. thease of Ellf, l3ermett, t al , be c onsida cad by thf3 rtin the c onl--vierat ion of the s ce ibove ruf r,-ed. to.Mr. tic man :In n umb e r on r?,. and two I h av e cop of a j u1/41P.7 inn t O Lthe DaTe Comiiisiwhich I des iz o ".:18Ar Q o cif Jedsin owiflk. the31.110111b,t111 t Oi LeOnL D Trough ton byth, andin thi cas •.!, of WiL1i Q,. Ake ', van t• to id i'OV when theyc arae here and if they V a resided he 2 In C •AND REW O. RHODES , be int; c all ed tne s son behat of the pl a ia ti:ff s terbe1-,A; f ifs t dulys worn testified as rD 1117A.3 T 147 AV I NAT I OH.Yr. No ttirt ,sn:iA is your n /Ile?A And, row 0. .14hodes.-How old are youA.--Thirty- three,Q. tire, do you live ('A.--Near rrie tta, Indian Territory.

, o you know 'Newt Askew , and !".0 0 rg e Askew and WP. Askew a ndBill Ask ew?A.Yee. '4.b out what 1;izie they may ed to the 711.6lag Territ cry?A .1' I ca tabout 1891.,f•g>h t cite in exls'Jer, but scr.e tine-DO yOu. kn ovi whether or not t1 -3 ey have 11ei in theTc) rri ry sine that t tine?A. --'011. en I knew o bh have me t rh here t diffe rentplaces, F.7ala I rt positive ha3 bn 11-3r, -; all the i-.1,0) andas to Lh res of hr ,za.„ it ha t bon unde r iiy OboeT atlon to s e,C o mQ • 01-E1 y iitø b efOrto vie 11'3 rA.T don' t :Know , 9 I V; a3 1 ḵV ing a t Le"o cri,Q, They I iv ed. In Te beoro thy e we la e Q?A.- - d idn t know an y of t. hprti33 until 'Yley e 4itio herere they Un to you'?A. —They cl z ixt bWitnesa exewled.Mr, No rialAnW th the exeeptLOL Of th at c r t le LV n ri)g a rd toLeone D. How,hton„ .. :ret are ready to close,UTZ' .WRATTI1:will zaa rk the ad. 4,3 s c e nd th Thi1L 0 45 ev iderie on part of' pi aint if f's r.,h, the undo :cr.; t and ingtht the d oc omen t ry ev ido Tic e may .be irodth1.Mr. No .rman:Ye sir, and in the Askew cases.

IN TIM CHO:: T AVT LTD HiCKAAW ,1 IT 1.714IN. STT IP C 0 U3TSTTTITT1 AT TISHO): 3171-5' 717,711:, 1q04.New t Askew, e t al,vs. ro,1Choctz w nd_ h in km s 17a t ions ,iara Uifltofl Askew, etTo 0 2.Choc t avr an(1 lh 1i-1:3s3i7 Nat ions.Present and presiding the Trl on o rable s Spence r B. Ad xfix,Chiai Judge 9nd Wa 1 ter L, oavr and Tien ry Foote,As oc iate :511(34 -;er,JUNE 2, 1904. This day this cusa c =Ling on to'a) further heard, both plaint iffs and do*: ndant S be ingrepresented by Cotraf.3e1, the following proceedings wereh adi -wit:Mr. 5hv,?: another paper I want to offer in the Askew0 60 LI E3 I think 1 is on tomorrow' Li docket. Mr. Normanohon he IN ,. S over here the other day asicetir permiss ionto t rod uc e a certified copy of the j udgmen t of theDawes (7 iS I on, dmi t t ing Le One D. T-To Light on t al. Thec curt sai d we could put 1 in for whet it is we rith.red 7Exhibit "AAA".

IN 1 11-17, C11:0 AND CH 'MASA:7 'ITIZiTHIP COIMT,rfAT TIV.011TvGot ;runTPAM, 1004.Newt Askew, et L,vs. No, 1.Choctaw a nd rih icsw Natotu.Thorgiam Norman, for Pi aini.iff.Yelven Cornish, for Defendants.Test tiony tan before Spencer B. Adams, Chief,Tudge of the Choctaw and chickasaw Citizenship Court, atArdmore, in the abov- entitled cause, on ,Tul7 6, 1904,,TITT)Gri,L0V, witness on behalf of the.ef3rints, after being first duly morn, testifidD AmPTATION.Yr. Cornish:- t your full narae"A. CM' a rt on Lore,at is your age ."A.--T ara gc on e igh ty- on eP., • -4.71h at is your cit izen sin ip?A, C t izen by blood of the Chick.saw Nat ionQ, re were you ham?1,,Tarshaal County.en di. you one from Miss 3. r30 ippi to tis C 0 untrY?forty- throe.or ct th t irril your parents em if: rated f r• m Mi.,. ippito the now 7ation"come o. little tx heat C them,r,1 you know a m )n..n by the name of Murrell Askew'?t recollect any name I ,.'Knew 6. man n.foned Askew,O the fathor of the Ask mots who a re now c1aimin7, citizenship.

' sr.,A.p -..;9.w1 r d it you know hteA s —I knew hiaa on Red Piver swh it yea r.A.--I coulden't„ tell ro it007r, '"?ood zany rarsQ,-Wher did he come f rot 71.n. he moved int the Ter: itoJ.T o t tell ;,you, 'hat my Own knolwedgeA 0 --77ow long did he lit in the Territory be fore died?number of ye &I'S.41)iid he live on ourXtrx No sirsn what ple did he live?-T don't know what place he lived on, but it was knownas the Wellintonitho owned that? t?A, overton ha,d a ftirrn and Willis had a farm, and Wellingt on had a :ram I just know him as a preacher. Rehas b een at my house s eve ra t; tres sQ.--That stat ,nent did he make to you with rerencehis nat±onality?know sasked, him 1,,hft.: question, and he answered me he rli.1.ny tlong was that before he died?A„..-7Tct a great while, I can't rive the time.r as you know did he make aptaio at iOn for citizenin any of the Toive tribes?-.07:13t a ppl ic at ionr,*A.- To be adopted the chickasaws.Them lid r'ovenior Ow rton 1 :LV at that time,A.--re lived on this Wellington pi 61t in this Ration at that e.

I think he did, but can't, be positive.Tudge Love, what cl.v:!s (.end ant }3 a re lilt ing tin :'cuoan name by naae l who are the on of this man you nrce?is one tha t i now that is Balis Askew, and onthem of411d M I don't know much about M.Q.--TTnder vthat oireuustane , sdi:1 this oonveese,tion occur' ,- -We we re j St in o ()talon onve rsat ion, I w!inted to know.(*), -Theru did it °co ur'A.--T can tell you that.0,.--We re : ,ou w ith h re (luta . ly?A,- -ycls sir, I knkysiv himhk: a preachee)A. -Yes,--Do you remenftr *at thr )31 ins t ion*A.--at they called Camel lits, I don't know, but therearon I spoke to htm about hit.,3 ionality was, het look like our Ind 'ans. e was d arke r and lookedmore like mexic an.C Ross AIS IN AT ION.Mr. No man:e tna•d e rs t ant ou to s ay that the As 3.yaw youare ttllking about is the father of the applicantsthis c aSe?is accepted,you know the app /cants in this o itssite?d cfn t know that I do, I understand the nails andfulily are, and that there are several of then,understand that B lis, U. and I'm a re ic(1) -1 lc ant s?T don' t know _on, I never know Tom, I knw that man„I didn't know that he was an Askew.q,„ -Ynur und e ra tan ding is that he is an app1icnt in thisaS e9

A.-- live no t he a r.1 it f*L/rther than that I Ilrea rd the namesof children, 7.(107Kinzey.; I think married One of thedaunt e rs s,Lnd I believe a rf , :mod AieXr1der, T ronitb e c rt :in.--your Id tki that they ar piicants here?A.--",-es sir ; that is ray,'Yov y you knelt, this o]. /a an A sic eV?-A.- 7e s sir, I was persoru.1y q 17 int od wi.th hie!-Did he look like an Indian')-7Te we rery dark and looked like he wee not whitQ -77e is the one you and Fo3zites Willis and other pronl.inunt,mm signed 7,4, p tition to the Choctaw Council to havehim •er. rc. lied"A . leve r 11 ,1 it.or not')u .,,now 731 e tiv r your n Eve api_e ars on that petitionTh is is the f irs t I eye r heard ar it.-To ref resh your memo.', you remember you raiscd thisobjection b of ore the Daws Corwis 3 i.on at one t imea„; istin s t the, ro incnt of As3Cew, Torn Askewand II, Askew at Leb anonWas at 1- oh anon I ono time, but didn t remain to hear1 they did. I went a round . the chick as moll and wipe rir 13 edirk, the rolls for the :navies C omnissyou rertrabor having raised this objection beforethe r awes curl ss ion9A,-'I do no t rumomberQ. --Do you rem erib e r 1.7 r. Tom Askew 7,41 en i fore the Dawes C omm is f3ion referrlw tc this p ape r, and finding your _rAgn t ureto this ppl 0 otA. - -T cton,t recollect anything about it.Q, -70 12 can't 3017 the; it id not o cc ur?A. Can't say posi,tivo ly that it did no t, but am most c

it id not,c t say then wehther that occ urred or not?A,I don't think it (iid.--You cant t say positively the, it did not, but if itU t hE3 sLippd your merlory, and you c 3l t say?A. i ion' t think such a tlaing happened, if it did it h171 i rely el ipped my memory'.you. reraetaber that r. Bixby, after you had raisedthe clw.::•13t ion stated to you that he d.idny t 'want yotT toraise any more 'useless objections of thatA.—Nev .- • spoke such a thin:7, to me.Q.—Can you be portiti/re &bout it.A.—T ti ink I can be.Q 0 --Are puri .T am as far as I have a mind.-T thinlc. it fair to you ;.,o 5/Lty that the A3kews you "a retai.2c1ne, about is no t the father of th; .4. people i,itho areppli a Tits in this casa, I think it fair to you tosay that?-Th ey ere as fr s T know.is not Lad by them th t iu rreii Az -Kew was the Jrfath er?--I don' 1, rec11ect this run's given n aue.Q,.--You say the man that you bre talkinr. about a ppliodto theThiele,..asaws for citizenship?his frienclrs, ovt:! rmor Ova rt on did for him. I" thinkOvert on is the one i;itat ede appl st ion.t makes you think Overton was the men',.A.-ar pretty certain it vv,s. It W86 a public mtte rbefore the T,eg al. tu re• - rf there yrk.da anything of that kinft it ould be inand the ri..`; ords before the cormiss ion would shoe

--It V/ S no t; bifore the Clizrisklion, it vise before thelegislatura, I think they out to have som:' ,.) rco. dYou prent t the time?iir, I d On I J. E414 1 -- 1111.ater kno- dge you hi, vo of the cecurrenci.!! ssomet?Ang that told you?• 0.on't :;hink it was. it was a public matter, arid I can'tBay how, T gotmy mowledge o I may It ve got it from thermc rdr3Q. — N..0 u knew Judge Overton?knew Governor Overton.• -:"1".e was Torn or many yearq/jtsir,ntrabar of year s .Q.--And he assisted Askew in ge Ain7 this claire-Yes sir,0.--Your nephew Rolmeis, also assi:3tedA.-- T-Ir it not a fact that all the prcen nnt Indian3 werecasisting thi! -; man"-1 don't knort, -.about that, he failed o get it and Iwou -d think from that that ll were not interestedit, or they v& piven it to im,sthat t.hi man did not get to 1)e a citizenr hi people"• -T ncrv. c.'r he- of any Anthor people except .th 'reacher.It his ch...lciren make apl)licA.--dont think theyrrio r r.)vert on V7 as taking Cin int e re t In this old IL. ancitizesbip c1airi, nd.. your idea is that he put in theclaim ..ith the rmiicks for citizenship, but the onlykn w s you It ve r.f at you think comes from what

4)ody toldA.". "I I aan I t tell UESt how I g ot it i w 6 pibiic :ma t terand 4 ma ttr I V/ 4:345 S Ora ewh t interated in. T knew hevas no Chickasaw, ,,nd mmember op,)aking to GovurnorOv rt0T1 and 46 irk; him why he ws ted to get such eop1ein T think his a ns;er pias h.,rd was a good man and hew'ou1d like to 114.1 e h in. I thinc. ho vir ,:s good m anym7seir.4 Your ida urr P.E F.; lie WU:3 A Thoo taw nd. not r:rfe s eV)A.-- y ?,:a Af.a.43 he wtls some f t.) rc-ignr , I t1.1 lax Yoxic en.u n c7v-?.r krvom him until :Aft c tete t o this co uzt ry?flOJ lt e. re hi ias hOjii?- r.—It wasj us t an idea you tonn4 this t ho wo a MeX- T hrd. hecn from Georgi , I b el love , I don't knowan:3 thing about it.T th ere mc rd, at T shaming° to 3h o t t thisM ev ,*,-; r a:: plied. for citizensh ip as a Chick asrO OUP,.; 11t to be, but T. dont t 'mow,- oI5ir w th you, you rata ,emb6 277: mcktxx whe the r anyt7,1" this kind evia r o co u r red? Old. man Askew Ken t3 ee you and tlkd with you and in thti c onv 4.; a t ion71.?.: p ote to you ho to on of the 1c1 ing CM. io 7ic; s aws , andasked :Tc if it c °lad be po that 11.i as a 'hoc tawci p re nt h. is 414,1 io at ion to „hd Chick leg i la tyrend hrre tht ickasa'ws ad opt him asCh oc t aw YOUin re:p1,7: 7- to th t told. him no if he w az a Ch oc tow,ha would have to go to the Choctaw Council?A.-I dun' t know of any s c L. con riition, I think I wouldhav.; ha4. adri med him that if he had, asked me.

Q.--you can't ay if itnyth irg nd. 0cc ur red 0 r no t?A, - I an. poul t iTe there never wa,,1 you jus.t as positive he d id put in n Ettp ic a .'to the (2:hi r';‘k 6 s?Yes :lir,- And. otivt he put in th at clairi ti rough Go vv rri resv er ttr., • — An °Sit it was in- -No . I aupr ono it wc, it hoIi h4re been.ay/ it h,kAd to '':'1••— 1 think s 0,of curio the re would be a record to allow that factif i t I t rue• they ha d t Fr p r c are cf them.„ Sora t.traesthey flidnv t do that- u d 1,1n , tle are YiM1ssippi „at the Vitae theler t the re d i . you!?A„ Ei rt •cin e ten or f if t (•,,In yea r's 'after that' •A,Thy • t in tbirt'even and. I left in f.ye4 r- fl1ts n Ask aw. 100 at A d Own in your ighbofrom you V.1‘13 t?Aro MI: on therat ion I gueso tv,ren ty-f ive It Ile S.YouCiin t t ravel th,E,t 7; açr, 777e t tvireled through Texas,end. cut off, tn or two L ev 4 1,3U lay YOU iAW h jar, seve r a 1 t sA, - - .77e flair , IA Utab i t lines

TOW long d 1 , 1 he live her: the Terrjtorraf r he movedhti red,1 tn, t tell you.s much as ten yrathin',IK he hired ht„. i (1, r i's'")A • I rAani t tel411111W40,-7MIACh 46 two rs.„"T: .As no,..loh as V.I .° T era at ied „0 Lr d. id h e d• • T don't know that .• down in that TIC ighb T hri ofhis r',1.th,. but c an* t torT i iniflt t h fan fttir h t was el adby rumor '1 he i9 deed".ipoe Ell.) out kno ha t ht 1-1, d s can kinJ. of biodh im, if th 4 t !ith 0 tad hvo b zi Tndiri blo,i(t ChQe t am orCh as aw l "About how nue Ti Ind Jan blood 'Ar °tad he hive h74?w (-14 tic 6.3 no ugh ) good de al d r than our I rvl anPal bloods,f,' ,4 ( ha have h4 •as Triu ,' h J,s +3_11 arte r blood?ra Uch 313 four -uarters, nr Trull ans are not as d arkas heiuu think if' he was anirx. ii h',1 wts s du e fl)blood. T tan('--'4e vr:43 d ark e r l',11 an our full blond Tr , 5*is it not a f ac t ht sum a Ind 14n a a re d eke r th an otheriansi)A. It t is f ao t aO.Tke — the samp trib e ,for in ..tiince tChoo tw5 who tire o-ring o t, here, thuy are much d arker?-re not r“: itt ny ',ten t: ion to +1 -1.mt, flan' of t„.11 cm i;'.4 revery much drier tnonl the tribe ,(1.in thQ came f aaully of half 'bre4zid3„ s ale Ea re darker Ulan

&X :.:10111e a re ICb 0 s and o the raare white? .A.--Yes r .Th is m an Askew d t know \+vhetlie r hu w a a, Ch 0 t aw orCh dz. aw i„(t, he ape -ora hL pE , rs on al icn o1,79 .1ed.gA,- asnwe red me he didn't kn 7.7.e (1. idn't cl Om to be. vn'In d. fan, if h 7(n.. 11. 0 0 11 C t On of his claiming14,;e3C/a1001111tXXLX 12:11f3liCXXX -•nv kin. o f . .0 od, p t tJ 1. 31 t kd h mwhat3.. -4. ,- ;,..x,k50c.2.1324 -xZ •• .1.:1tionlit,;',11.(1 he sid he didn't know.Q.TTesid, from ihat his people h t a trh tT think not,rota wh at his fa th er t t h im?• "1 • J •• s m o th eQ.94, ON,r froxi his r•s on * I knowledge he didn' t knowarl,;••rth ing about ift,-- T • d on ; t--You know Tdge i1eth r the clii lren of .1:hi 5 m an o u S peabout ever got to be p ac ed. upon the rolls?A fromrsu know ;the th r they ev(1. to e placed up on therolls of Chcctw .1* .a t len?f rom he ars457.C ur ides. h as be n all t;h tine that hts child.ron vre re*play in, Th ick .9 a aw 20.1A , -No they didn't s. s Tnizns to the Chickai sw 11 A ure , jIea i d there t be ido pt di t rs'white person would have done,-Th; was :Tour ide;A. - -Ycui rI do, t a I a TrO„ aai 1:4 11?A.—Not et:, all.

}-DTRV P XAr DUTTON.Yr, o tm. ish:Q.- -*Judge Lo7i 7 OU }ve ref ,erred to an old man by the name ofAskew, an old Camel lit Preacher, ald who lived downalong Red 1River, in the neighborhood where GovernorOverton livud?-Mat is the rl WI I hve reference to.-And there are families of people down in there who arereputed tobe descendants of this same family'?es Pfrir.O..* This man was personally acquainted with and a friend ofcoe rno r Overton, the rnTL yo u refer to?A,- -Ye setirlerria:r.Norman:The apfliceelts move now to expAnge the evidenceof ,Tudi7e Move, with reference to the apklication _ orcitizenship and adoption as raemb e ro of the Chickasawsfor the reason he says that he knows nothing pera3nallyabout it. That whatever int' orraat ion he may have c °mosfrom an examim t ion of the record, or from what peoplehave told him, TTe kn, own nothing about it personally.7econd, for the reason that if any such •applicatIonwas made by Gov,;rnor Overton for AW ,zew, the record isth best evidence of it, and the record has not beenproduced, we also move to exclude the evidence of:wig, Jove, with reference to statements supposed to havebeen made by Aex:ew, for the r.ason that if such statemntsever vie re ;a de to him, you cannot collaterally ai;t,ckthe judmen t by wIlich his children attained theircitizenship in such a .1iTy, If their father should havemade uh otatment it would have been sealed and mergedinto the j jag ment obtained by them before the Unitv.sd States

mr,)Court admitting them to citizenship in the Choctaw Non.Anil we moNe to strike out that part o" the evidence,which relates to the ap ,lication of Askew to thenick asaw Council. If any euch application was made,the sko jaic at ion is the best evidence, and it is notshown here that Gow rnor Overton h$ any authority toria;ce s tth aj 1 ic at ion.Yr. C urn :tat:In answer to the motion to strike out we ih tostat that an examination of the records will notshow that judge Love, in reference to the applicationtc, the legislature, the record will not show he spokefrom hearsay, but the record will show that he spokefrom his personal knowle dge. ifl refennce to that par,of the n3.otion, which seeks to strike out the statementof ITUrrell Askew, our theory is that it would be objectionableon some grounds. It would. be objectionable ifthe applicants sou:: t to prove racial status by hearsay.Our theory is that it certaily lo competent to reflecthearsay, by reflec statements made ag ins t interestby way of c ont rad ic ion. He i Ei the a YIC es tor ofthese Askew, ald out x theory is tit a statement madeby him would be in the n3 ture of a declartion againstinterest; and provable by hearsay and ocrapetent in thisc ass.

VIn the Choctaw and Chickasaw Citizenship Court, sittin atTi shorAngo, Indian Territory. September Term, 1904.Quint Askew, et 01. 1vs. No. 2.Choctaw and Chickasaw Nations.DECREE OF COURT.On this 19th day of September, 1004, this causecoming on for final decision, the same havinr- -. heretofore beensubmitted upon the law and the evidence, end the Court beingwell and sufficiently advised in the prenipes, doth find thatthe plaintiffs, Vi1liam Quint Askew, ,.:artha Askew, '.attieAskew, Ellen Askew, Ton Arkew, i1liam Tho:ss Askew, BettieAskew, Perry Askew, Tonmie Askew cr ToTry Askew, Lily Askewor Lillie Askew, Gilbert Askew, Li zzie Askew, Thane Shi-manor Thane Askew, George teshinTton Askew, Dora Askew, SophiaAskew, and FEL:, Askew, are not entitled to be deemed ordeclared citizens of he Choctaw Nation, or to enrollment assuch, or to any ricl- ts whatever flowing therefrom,IT IS THERL, FC.E 0ED --. RI=D 9 ADJUDGED AND DECREED that thepetition of the plaintiffs, Wi11ia. quint Askew, Martha Askew,Matti e Aakw, Filen A skew / Ton Askew, WIlliam Thomas Askew,Bettie Askew, Perry Askew, To mie Askew or Tommy Askcw,Lily Askew or Lilli e Askew, Gilbert Askew, r,izzie Askew,Thane Shipman or Thane Askew, qeorge %ashinc:ton Askew, DoraAskew, Sophie Askew, and Ffim Askew, be denied, Ind that theybe declered not citizens of the Choctaw Nation, and not(1)

e -rAitled to enrollment as such citizens, and not entitled toany richts whatever flowinc thercfrom.e ••••006•••••••••••• •• •••••••• ••••••••••Chief Jud,- ,.• ••• ************* ••••••■■••••••••sea•••••■•Associste Judge.••ill • •• • • • • • • • • •Asscriate Jadbe,

SPENCER B. ADAMS, CHIEF JUDGE.WALTER L. WEAVER ,} ASSOCIATE JUDGES.HENR 'I S. FOOTE,.11JAMES B. CASSADA CLERK.EDWIN P. BEVITT STENOGRAPHER.JAMES P. BAN. BAILIFF.Pcpartmeut if Tusticc,Thud= anti Thickasaiv Titizensitly Tourt,7Alutlian Territorix,, 190te....4111f—oteit,_ '1#* Z;„,,_ ee-t°10e\ d--ge,(44,te„,-.1.46g? le.06-4...0-e.410-e*„.6-2-e_e_ 46:ewe;#re'Ag:‘,0„frugro~ta.1/'e 466oe-oct,„0,d.4"/641aiite,.04(a.eter4,,

ITV/

SPENCER B. ADAMS, CHIEF JUDGE.WALTER L. WEAVER/ ASSOCIATE JUDGES.HENRY S. FOOTE,JAMES B. CASSADA CLERK.EDWIN P. BEVITT STENOGRAPHER.JAMES P. BAIN, BAILIFF.CIApepartment of cAnstitr,Thoctaw and (Chickasaw Titizensixi Tocurt,jn,dian Wcrritorg,0,190oe.4.. 47,-44.1,e t.7I— 4I47L.Za--A-^4. /10W-e-e4e:.4.40 2d41e...42,t- 40 Ate.—"7-0-dotiw.,/ a°_ 1404-40414/.dc.-e.,406pe7t%il/zgeott.Z-‘i/a-oexi",e,a.„seolieze-e:er-

SPENCER B. ADAMS, CHIEF JUDGE.WALTER L. WEAVER,} ASSOCIATE JUDGES.HENRY S. FOOTE,JAMES B. CASSA DA CLERK.EDWIN P. BEVITT STENOGRAPHER.JAMES P. BAIN, BAILIFF.aepartment of usticr,Thortaw and (Chickasaw (Citizenship (Conrt,nalan Territorg,I190._

4/ffisr.4,‘At.A.L.).(1),.u14:42,0,44.,

SUMMONS.United States of America,INDIAN TERRITORY,Choctaw and Chickasaw Citizenship Court.(TN Meri AN kind maim'Co tile United Shies Illarsbol for ale Indian territory, southonDistrict,SS:GIZEE'rINGYOU ARE COMMANDED TO SUMMONS P.Governor of the Chickasaw nationS. Mosleyon behalf of said nationto answern twenty days after the service of this summons uponGovernor of said nationa complaint in Equity filed against the Choctaw and r,hickasawhim asnationsin the Choctaw and Chickasaw Citizenship Court, in the Indian Territory, _so.MeAlesteras sai.d Governorby;/ -1"`- de/14-4-17 Tnd warn him that upimtai titre to answer, icizuon behalf of said nation thecomplaint will be taken for confessed, and you will make return of the summons onxixbre3iiimbodg,X)b&W4xxxxxx instanter litiototSc ,‘,16ix.Codot-_„ WITNESS the Honorable SPENCER B. ADAMS, Chief Judge, WALTER L.WEAVERand HENRY S. FOOTE, Associate Jud ges, and the Sealthereof, at So. Nokia s t erthis 9day of C4Ind. Ter&, aforesaid,_, A. D. 190-ZClerk.By., Deputy.

M ATZS ET AL'S RETURN.United ciAtate.5 of America,INDIAN TERRITORY,88 :DISTRICT.I liECEIVED this summons - this .day of, A. D. 190T.---._at o'clock ,m.and seryed same by copy, as follows: ,--Personally- on at _Ind. Ter. tliis day oE .190., o'clock 111.4 4at. Ind. Ter. this day ofG g.at Ind. Ter. this .day of,c at Ind. Ter. this day ofAt Residence of at Ind. Ter this .day of.cC _atatatInd Ter. t his .day ofInd. Ter this day of_ Ind. Ter this day ofWith a member, of defendant's family over 15 years of age there residing.And the other persons named in this Summons are " not found in this District.".190 , _o'clock .m..190. ., o'clock m..190 , .o'clock _m.190_ , o'clock ' rn.190.. .,_ o'clock m..1 90 , .o'clock m.190 , o'clock m.U. S. Marshal.By, Deputy7-1ccE-I

SUMMONS.United States of America,INDIAN TERRITORY, SS:Choctaw and Chickasaw Citizenship Court.Ellw PmRfr,1 @f M.,(4 Si of aua0V3 9ilye Milted States Marshal kr HyThdin Cerritory, •Central- District,GI-ZEE-rING :YOU ARE COMMANDED TO SUMMONSGreen McCV.rtainp1ncil,a1 Chief of the Choctaw nationon behalf: of said nationto answeixin twenty days after the service of this summons upon_PT1ncipa1 Chier_of said nationa complaint in Equity filed againstthe choctaw and Chickasaw nationshim asin the Choctaw and Chickasaw Citizenship Court, in the Indian Territory, So. McAl e s teras said nrincialby . 4 .4%f-t-t./ and warn him that upon hisAfa'ilure„to answer, VIAXon behcaf of said nation theAcomplaint will be taken for confessed, and you will make return of the summons mottil -gxfiT-R9Yfir9Pcx instanterTtcirr?P'acf'sW r53PRxxxWITNESS the Honorable SPENCER B. ADAMS, Chief Judge, WALTER L.WEAvER and HENRY S. FOOTE, Associate Judges, and the SealThereof, at So. McAles ter , I . Ter., aforesaid,this day of A. D. 19037Clerk.By, Deputy.

ET-ETURN.anited *tatrti of Antevica,INDIAN TERRITORY, 8$:DISTRICT.L.L.‘I -REcErvED 'Ails summons thisand se—rved same by copy, as follows:.day of, A. D. 190. ., at o'clock. m.Personally on at _Ind. Ter. this_at.At Residence of-4 4at. Ind. Ter. this4 4at Ind Ter. this4 4at Ind Ter. this.Ind. Ter this44at_ Ind. Ter this4 4at.. Ind. Ter this44at Ind Ter. thisday ofday of.day ofday of..day ofday ofday ofday190 ., o'clock .M..190 _, ,, o'clock. m..190 , o'clock. ra.190, o'clock m.190 , o'clock. m._190_ , o'clock. m..190, .o'clock. HI .ADO , _o'clock III .With a member of defendant's family over 15 years of age there residing.And the other persons named in this Summons are "not -found in this District."U. S. Marshal.By, Deputy(f)(17'cn-C.)s:11,•••••

INDE X.List of applicants to Dawes Commissior .1Application to Dawes Commission .Affidavit of J.B. Jackson, Nat'l Sec 5Argument of Counsel 6Affidavit of Mr. & Mrs. Bailey Askew 10ft" William Quint Askew 11" Willis Howell • 14It" Dora McKinzie 16" Eliza Askew 17" J.L. Davidson 19" Newton Jasper Askew 20it" Murrell Washington Askew 21" George Washington Askew 22" William Thomas Askew 23444ion before Dawes Commission that ChoctawNation be required to produce certain affidavits.24Affidavit of H.M. Jacoway as to copy of record .25Master's Report 26Exceptions to Master's Report 28Judgment of United States Court - 30ftH. .32

In re Citizenship Claim ofWilliam quint Askew, et al.IN THE CHOCTAW NATION.LIST OF PARTIES APPLYING FOR CITIZENSHIP HEREIN.Willaim Quint Askew, William Mamas Askew, George Washington Askew,Sam Askew, Thane Askew, Perry Askew, Torarlie Askew, Lillie Askew,Gilbert Askew, Lizzie Askew, Sophia Askew, Eattie Askew, Ellen Askew,Tom Askew, Martha Askew, Bettis Askew, Dora Askew.WILLIAM QUIET Asow AND MARTHA ASISW are the GRAED FATHERand GRAND MOTHER RESPECTIVELY.Tjeir children are.William Thomas Askew, and his wife Bettie Askew,George Washington Askew and his wife Dora Askew, Sam Askew, MattieAskew, Ellen Askew, and Tom Askew.The children of William Thomas Askew and his wife Bettie Askeware.Thane Askew, Perry Askew, Tommie Askew, Lily Askew, GilbertAskew and Lizzie Askew.The children of George Washington Askew and his wife DoraAask w are. Sophia Aaskew(Signed)Thos. Norman,Atty. for apldicants,Ardmore, I • T.

IN RE CITIZENSHIP CLAIM, APPLICATION FOR CITIZENSHIP IN THEC HOC TAW NATION.OF WILLIAM QUINT Asinv? ET AL.Before the Hon. Dawes Commission sitting at Vinita, IndianTer. to determine the rights of citizenship of any applicant in anyof the five tribes or nations.No come your applicants herein namely, William QuintAaskew, William Thomas Aaskew, George Washington Askew, Sam Aaskew,Thane Aaskew, Perry Aaskew, Tommie Aaskew, Lillie Aaskew, GilbertAaskew, Lizzie Aaskew, Sophia Aaskew, Eattie Aaskew, Ellen Aaskew,and Tom Aaskew Martha Aaskew, Betty Aaskew and Dora Aaskew, and respectfullyMatt te that they are all residents of the first judicialdistrict of the Soutern District of the Indian Territory, and residenearer to Ardmore than to any other place of holding court in saidSouthern District.They further respectfully istate that they are ChoctawIndians by blood, and they hereby apply to said commission for herights of citizenship in said Choctaw Nation alleging as grounds thereforthe following cat at eaent of f ac ts to-wit:They are all descendants of a common ancestor, namely To mAaskew, who was a Choctaw Indian by blood. This Tom Askew had twobrothers, named Murrill Aakew and Mose Aaskew; and all of these boyswr , e, full brothers and the son of Aaron Askew, Who was a one half ChoctawIndian by blood. Aaron Askew was raised, lived and died in theState of Alabama. He married a White lady there, who was a UnitedStates citizen, and by her had the three sons mentioned above. AaronAskew was not a citizen of the United States; he never was admitted tothe right of citizenship in the Choctaw Nation; nor did he or hisancestors ever acapt or receive any lands or other proper Thom anysource Whatever, as was accepted by some of the Indian who remainedback in the older states at the time of th removal ofthe Indians tothe ir new home where they now reside, in lieu of their rights accruingto them as citizens of said Nation. All of these three dhildrennanely, Tam )Mose and Murrill are dead. Tom Aaskew married Betty

Blassingame who was a white lady and a citizen of the United States,and. be her had four children, William Quint Aasimw, Wash Aaskew, Newt.Aaskew, and Marry Aaskew. Tom Aaskewts oldest son, named WilliamQuint Aasimw, married Martha Stuts, who was a white lady and a citizenof fre United States. By her he had three children who are appliramtsherein, namely, William Thomas Aaskew, George Washington Aaskew,and Sam Aaskew.Martha Aaskew the wife of the said William Quint Aaskew,died, and then William Quint Aaskew, in 1887 married Martha Barnwell,who was a white lay and a citizen of the United States. By her hehad three children, who are applicants herein, nanely-: Mattie Aaskew,Ellen Aaskew, and Tom Aaskew.William Thomas Aaskevi the oldest son of Willliam QuintAaskew, married Betty Tolbert in 1881, who was a white lady and acitizen of the United States, abd by her had six children who areapplicants herein, narn -ly Thane Aaskew, Perry Aaskew, Tornie Aaskew,Lille Aaskew, Gilbert Aaskew, Lizzie Aaskew.George Washington Aaskew, the second son of William QuintAasrimw by his first wife, married Dora Talbert in 1800 1 who was awhite lady and a citizen of the United States, and by her had onechild who is an applicant herein, namely Sophia Aaskew. A ch rtshowing the relationship fof the Several parties herein and their descentfrom Tom Aasimw, and, and also their relationship to MurrillAaskew s children is her ewith submitted.Your applicants would further state that they have neverapplied for citizenship before this time. The children of MurrillAaskew however have applied for citizenship in the Choctaw 1Ta -.i on,and by said nations duly authorized and acting officers, have been admittedto citizenship, a copy of the certified cate issued by saidOfficers to the said children of Murrill Aaskew, is attached heretoand made a part of this application.Aas is shovm from the foregoing chart, William Quint is oneeighth Choctaw by blood; William Thomas Aaskew , George WashingtonAaskew, San. Aaskew, Mattie Aaskew, Ellen Aaskew, and Tom Aaskew, are

401k:all one sixteenth Choctaw Indian y blood; ; whilst Thane Aaskew, PerryAaskew, are all one thirty-second Choctaw Indian by blood.Thane 13 years of age, Perry 12 years of age, Tramie 0 yearsof age s Lillie 7 years of age, Gilbert 4 years of age, Lizzie 2 yearsof age, are children of William Thomas Aaslew, who is 37 years old. nSophia, daughter of George Washington Aaskew, is 4 years of age, mattie7 years of age, Ellen 5 years of age, Tom 4 years of age, are the Minorchildren of William Quint Aaslmw, who is himself 66 years of age, SamAaskew is 22 years of age, George Washin7ton Aaskew is 25 years of age.Wherefore considering the above facts your petitionersrespectfully pray t bat t hey Ile admitte d to the rit.t of citizens ipin the said Choctaw Nation, that their names e placed upon the rollof said Nations now being made by this Hon. Commission, and for allother proper and suit.a.b1e relf.hisWitness.(Signed) William quint X Aaskewin arkC. A. Scarfe. hi sWilliam Tho mas X Askew.L. L. Jackson. his markGeorge Washinton X Aaskew.larkBettie Aaskew.herMartha X Askew.markherDora X Askew.MarkBefore te the undersigned notary public personally appeared theabove William quint Aaskew, William Thomas Aask ,w, George WashingtonAaskew, Bettie Aaskew, Martha Aaskew, and Dora Aa,skew, on this the15th day of Auli st, 1896, and signed the above application in mypresence, and swore that the face and. statements contained thereinare true and correct.(Signed) Jesse Turner/Notary Public.

This is to ertify that Dora McKenzie and San UCI:enzie are recognizdascitizen of the Choctaw Nation.Witness my hand and seal of office thisthe 18th day ofOctober, 1895.J. B. Jacks!) n,National secretary, Choctaw Nation.hereby certify that the above is a true copy with theexception of the seal of the Choctaw nation, which Iam unable to make.Witness my hand and seal of offi e this Aug. 22, 1896.Jesse Turner,Not ry Public.This is a copy of a certified copy made by the Notary, mad theoriginal will be found among the papers in the case of Murrill WashingtonAaskew, et al, Which is a companion case.Thos. Norman,Attorney for applicants,Ardmo re, Tndian Territory.

IN THE MATTER OF THE CITIZENSHI: CLAIM OF WILLIAM QUINT ASINT, ET AL.ARGULTNT OP COUNEM IN ABOVE CASE.STAMIENT.This is a case in which a father and. his children and his grandchildren have united in a joint application for cit1zensh4p in theChoctaw Nation. These parties allege in their application*which properly subscribed and sworn to, that they ad each of them areChoctaw Indians by blood. And the following facts show they areentitled to citizenship in the Choctaw Nation.They show that they are desc endants of a common anc est or,named Tom Askew, who was himself a 1/4 Choctaw Indian by blood.They also set forth that the said. Tom Aaskew has a brother (MurrillAaskew) and that this Murrill Aakew having died, his children havebeen admitted to citizenship in the Choctaw Nation, and that the fatherWilliam Quint Askew in this case is a first cousin of the said MurrillAaskew. his 6 children are: William Thomas Aaskew, George WashingtonAaskew, Samuel Aaskew, Mattie Aaskew, Mien Aaskew, and Tom Aaskew.Tjree of these children viz: George Washington Aaskew, Samuel Aaskew,and William Thomas Aaskew, are fkill 21 years of age, and they have signed,and subscribed their names to this application. The other threechildren however, are still minors, and their names do not appearsubscribed to this application, nor have they sworn to same.The oldest of these children is William Thomas Aar>kew, and his 6 minorchildren who are applicants herein, are Mane Aakew, Perry Aa4ew,Tommie Aaskew, Lillie Aaskew, Gilbert Aaskew, and Lizzie AasieThe second son I George Washington Aaskew has one chile, Sophia Aaskewall of these parties of whim we have just mentioned are Choctaw Indianby blood.There are in addition to these, three tother, who are applicantsherein, but who are not Choctaw In -A.ans by blood, but who

claim to be such by marriage. Martha, wife of Willi Quint Aaskew,Bettie wife of William Thomas Askew, and Dora, who is the wife of GeorgeWashington Askew. All of these ladies, Martha, Bettie, and Dora Askeware White ladies and m were married to the aforesaid parties under thekaws of the United Sttes.ARGIJILITT.Tt will be seen by the foregoing statement of facts thatthese parties of all of a common ancestor, named Tom Aaskew, and asthere are no rules of this Commission, that me know of which requireseach applicant to pt in a seperate application for his or herself,these parties have all united in the same joint application. Thereare several reason for their doing this. Among them it may be mentionedhat it would be less trouble, some to this Honorable Commission,as the testimony which establishes one of thei claims will also estabkxxxlish that of all the others. Besides it will lesseen the expenseof these parties, who are very poor people, and are not able tosecure testimony that will substantiat their claims seperately.We desire to consider this question first: With resferenceto those partites who are leniel descendants of Tam Askew, afterwardsto consider the claims of those who have intermarried with thesefamilies.Fir tat:The evidence in full, complete, positive, and directthat there lived in the State of Alabama a half blood ChoctawIndian, named Aaron Askew. Aaron Askew had three sons, named Mose,Murrell and Ton Askew. . The testimony is equally direct and positivethat these three boys were full brothers and 1/4 Choctaw Indians.Tie children of said Murrell Askew, have already establishedtheir claims as citizen of the Choctaw Nation. Now a child of the saidTam Askew and his leniel descendants apply to this Cammission for citizenshipin said Nation. qeveral of the chil ren of the said MurrellAskew have made affidavits in this case to the effect that they areChoctaw —Indians, and that William Quint Askew is their first cousin

justice to them and their husbands, in the only legal way possible.To say to be admitted o ritizensh ,-); they rn st have married their husbandsunder the laws of Choctaw Nation, would be equivelant tosaying that they must do someting to be admitted to citizensIip, whichunder the circumstances was impssoible, as they could not marry themby the laws of the Choctaw Nation.The r ight of citizensho; sh;Juld be determined, by thevalidity of the marriage , and not 13:: a marriage in acrordane ,,w withany particular law; as for instance the law of the Choctaw Nation.That this is the cumtom and law of the Choctaw Nation, seec rtificate above, which was issued to the husband of Dora McKenzie, aswell as herself, and these x parties were married when they applied forcitizenship, just as the parties in this case are.(Signed) Thomas Norman,*Attorney forapplicants Ardmore I. T.

IN RE C ITIZENSHIP CLAIMAffidavit of M. and and Bailey Askew.OF WILLIAM QUINT ASICE -: - ETAL.Before the Hon. Davies Commission sittin at Vinita, ind. Ter.to determine the rights of citizenship of any applicant in any of thefrive tribes of nation/Names M. and Bailey Askcw, 42 years of age, Bailey Askew is40 years of age, and post office address is Ran, Indian r‘erritory,know the parties that are applying for citizens ip and know they torelatives of ours. Our relationship is as follows: Our grand ±ricarrxfather, named Asron Askew, %Is s a half Choctaw Indian by blood. Hemarried and had. three boys by his wife, named Tom, /Tose and Murrill.These byys are ful,1 brothers. Our father whose name was MurrillAskew, was one of the boys. Tom Askew had four vhildren. They wereQuint, Wash, Newt and Marry. Quint has betm married twice and hassevr.3ral children. Our father came to the Indian T rritory a number ofyears before any of the rest of our fmn.ily did.In connection with my brothers and sisterx we prosecuted anapplication for citizenship to a final hearing, and was admitted bythe authorities of the Choctaw Nation as a citizen and enrolled upontheir roll book as such. Ile and. our brother s and sisters are citizensof the Choctaw Nation. We are positive that William Quint Askewwho is our first cousin, is like ourselves a one eighth Choctaw IndianbT blood. We do not know much about his children or his children'schildren, though we understand that there are several f them.(Signed) M. Askew B. B. Ask-eaWitness C. A. Scaife.Subscribed and sworn to before me this the 14th day of Aug/1896.(Signed) Jesse Turner,Notary Public.

ATTIDAVI - OF WILLIAM QUINT AITATI.In re c itizenship claim ofWilliam W Quint Askew, et al,Before the Honorable Davies Commission sitting at Vinita,Indian Territory to determine the rights of citizenship of any applicantof the fri e tribes or nations.My name is William Quint Askew, I am 66 years of age, andmy post office a(idress is Lebanon, Indian Territory;/ I am one ofthe applicants for citizenship in the above entitled cau e.I was born and partly ra sed near Florence, Alabama andmy father was Tom Askew and my mother was before marriage namedBetty Blassinc,- ame, my father always claimed to be a one fourthChoctaw Indian by blood, whilst my mother, claimed to be a whitewoman. I have heard k my fate ,• often speak of his being an Indian,ai.d his intention of coming west and settling among them, but he neverdid so, and on about 12 month of 1852 year he died in Alabama. I remainedin Alabama until the year 1891, when I moved to the IndianTerritory. Ltr father had two brothers named Murrill and Mose whom Iknowvell, I have been to their houses often, and stayed with than.When a boy I went to see my fathers father, that is to say my grandfather who was named Asaron Askew. -2 '121.t/ grand father was a half Choc awIndian by blood, and I lived with him for a considerable length oftime. He looked like an Indian and had most of the ways of an Indian.He had long straight black hair and was of dark coraplection. He-I aimed himself to be a one half Choctaw Indian, and all the peoplein that community recognized him as such. Neither he nor his ancestorsaccepted any lands or other property in the way of allotment, by reservation,or otherwise, nor did he ever renounce his citizenship in theChoctaw Tribe, nor has any of his descendants done so so that I ]mow of.Neither I nor ,y father have.My uncle Murrill Askew moved away from Alabama in the IndianTerritory 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 property authority of the Choctaw Nationfor admission tch citizenship in said Nation. Upon our arrival weassisted our uncle Murrill's children in prosecution their applicationto successful conclusion. They established. their rights as aChoctaw Indians before the proper authorities of the Choctaw Nation,and were vested with all the rights and privileges of a ChoctawIndian by blood. I am a descendant of Asron Askew, a common ancestoror my uncle, and have the same a mount of Indian blood as they have(Murrill Askews children). I am one eightth Choctaw Indian and so arethey. I attach a copy of a certificate issued by the authorities ofthe Choct aw Nation to my uncle itur rill'schildren ad Mitting them tocitizens ip. I have been married twice, both of my ilives being-;thite ladies. By my first wife named Haetha Stuts, I had threechildren, namely- William Thomas Aakew, George Washington Askew,and Sam Askew. My son William Thomas Askew, married a white ladynamed Bettie Talbert, and by 1r had 6 children, namely, Thane,Perry, Tommie, Lillie, Gilbert and Lizzie. 1.7" second son,George Washington Askew, married Dora Talbert and by her has onechild named Sophia. By my second wife, whose name was Martha BarnwellI have three children, namely, Mattie, Ellen and Tom.I am positive that Aaron Askew was my grand father and was aone half Choctaw Indian by blood. That lose, Murrill and Tom werehis legitimate children and were one fourth Choctaw Indian by blood.That Tom Askew was my father, and that I am one eighth Choctaw Indianby blood. And that my uncle Mur ills children, namely, A. Askew,M. Askew, Ballus Askew, Tom Askew, Hulius Askew, Mrs. .Mattie Sterritt,Mrs. Liza Alexander and Mrs. Dora McKenzie, are my first cousins.know these children well.Attest.(Signed) William Quint hisAskewMark.C. A. Scaife.

Subscribed and sworn before me this the 17th day of August,1896.(Signed) Jesse Turner,Notary Public.

In re citizenship claimof Quint Askew, et al.Affidavit of Willis Howell.Before thElion. Dawes Commission, sutting at Vinita, IndianTer. to pass up application of citizenship in any of the frive tribesor nations.My name is Willis Howell. ry age is 66 years, and my postoffice address if Rockwall, Texas. I w.ls raised in Alabama about(15) fifteen miles north of Florence, and lived there until I movedwrst. In my neiGhborhoed back there, was a half blood ChoctlwIndian named Aaron Askew, who was a prominent citizen and whom I knewwell.This Aaron Askew married w hite lady tho was a citizen oflie United StD tes, but whose name I do not ranamber, and by her hadthree children, namey, Tom Askew, Mose Askew, and Murrill Askew.Murrill Askew moved away from there and came West. 7e had married aUnited States citizen, named Liza Right, and by her had severalchild-en. After Murrill's death, I understand that hj.s childrenp plied for citizenship in the Chocta w Nation, and were almitted.Tom Askew, a brother of Murrill's married Betty Blassingame, a whitewoman, who was a United Sttes citizen, and by her had four children,namely, Quint Askew, Wash Askew, Newt Askew, and Marry Askew. I knowTom Askew, and all of his children.They have always been considered Indian by blood by thosewho know themp. and I know that they are legitimate descendants of AaronAskew, and are one eighth Choctaw Indians by blood. Quint Askewmarried Martha Stuts and by her had several children, but I do notknow how many, or their ages or sexes. Tom' Ebse, and Hurrill are alldead, at least as I have been info med; but they were all fullbrothers and sons of the afore-aid Aaron Askew. I know that theyxxxx were one fourth Choctaw Indian by blood. Quint, Wash, Newt, and001.1z Marry, are childrenn of th said Tam Askew, and I know that theyare one eighth Qhoctaw In(lianct by "hl nnA_

.01W.(Signed) Willis Howell.Sworn to and subscribed before me this the 17th day ofAugust, 1896.(Signed) L. L. Howell,Not a ry Public for Rockwall Co. Tex.

IN RE CITIa:NSHIP APPLICATION OFWILLIAM QUINT ASKYVT, ET AL.Affidavi of Dora McKinzie.Before the Hon. Dawes Corraission at Vinita, Indian Territory,to determine the rights of' citizenship of any applicant in any of thefive tribes of Nations.My name is Dora McKinzie, I am 29 year of age, and my postoffice address is Lebanon, Indian Territory. I know the partiesthat are applying for d tizenship, and know then to be relatives ofml e. Our relationship is as folloss: M3v grandfather was namedAaron Askew, and was one half Choctaw Indian by blood.He married and had three children by his wife named Tom, Mose and.Murrell. These boys were all full brothers. My father, whose namewas _urrell Askew, was one of those boys. Tom Askew had fourth ildrena They were Quint, Wash, Newt, and Marry.Q2cuint has been married and. ha several x children. Myfather me to th Indian Territory a ntunber at' years bef e any of therei of our family did. In connection with my brothers and sistersprosecuted the application for citizenship to a final hearirg , andwas admitted by the authorities of the Chictaw Nation as a citizenand enrolled upon their roll book as such xidaxxxxx, me and all mybrothers and sisters are citizens of the Choctaw Nation. I am positivethat William Quint Askew, who is my first cousin is, line myself aone eighth Choctaw Indian by blood. I do not know much about hischildren or his choldrens though I understand that there are severalof them.Attest.her(Signed) Dora X McKenziemarkC. A. Scaife.Subscribe d and sworn to before me this the 15th day ofAu ust, 1896.(Signed) Jesse L. TurneNot ry Public.

AFFIDAVIT OF ELIZA ASKigi.In re Citizenship claim ofWilliam Quint Askew, et al.Before the Hon. Bawes Commission sitting at Vinita, IndianTerritory to determine the right of citizens ip of any applicant inany of the five tribes or nations.My name is Fa iza Askew, I am. 73 years of age, and by Postoffice address is Ran, Indian Territory.I know the parties that are applying for citizenship.Have known William Quint Askew since he was 8 years old. Have knownhis childrem, William Thomas, George Washington, Sam and Marry Askewfrom their birth. I i_n-low them to be relatives of my husband MurrellAskew, who was one fourth Choctaw Indian by blood. Their relationshipis as follows: /Ty husband Murrell Askew was a son of AaronAskew, who was a half Choctaw Indian by blood. William Quint Askewfather Tom Askew, was a full brother to Murrell Askew, who is alsoone fourth Choctaw Indian by blood. William Quit Askew is a firstcousin of my children, M. Askew, Bailus Askew, Tom Askew, JuliusAskew, Eliza Alexander, Mattie Storick and Dora McKenzie, who are enrolledon the books of the Choctaw Tribe of Indians, and have theircertificate from the Council showing them to be one eighth ChoctawIndian, and allow then all the rights and privileges as such. TomAskew had four children. They \le r%; William Quint, Wash, Newt amid Mary.William Q uint has been married twice. By his first wife was bornWilliam Thomas Askew, George Washington Askew and Sam Askew. By hissecond marriage he has several children, but I do not know them personally.I knew Tom Askew, William Quint Askew' s father, in Alabamabefore they moved to the Indian Territory. He was known there as anIndian and was considered as such by all who kn w him. He was of thecomplection of an Indian, with straight black hair, and black eyes,and also had all the ways and gmanddaxadddckerspeculiarities of anIndian. William Quint is a first cousin of my children, and like them

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