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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.