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,
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., • '- • . ,(k“L..±'V APe!Z
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country. ?NorTann; I think sometime
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Asker.Q. - -hat w-ks.1 her lialce b
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A.- Yes, sir.Q.- How did he in-Ts?A
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m'ver1UJu le 11.rnf.' ;,Aormaa;Aida
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tl.en prior to juo:c the Act of j'a
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onA.- Yen, dr, 1 thiiik hc 77'$,,la
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to the Territóry, ni f ,..t.„„
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A Yes, sir.Her ienceniants now live
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None of them moved to the Choctq,r
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'7771,7! ',..!,W7,77"•-:-117..f..
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himA. - Yes,^.- 1, 1-1i,t Tribe?A.-
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A.- Yes, sir,Q.- ti.t ild he state
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A.- He never st!),terl.Q.- Hai he h
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Mr. Norman;Tom Askew,a witness intr
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▪A.- My mother.i r your mother li
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Bell Hendri x,ri tnes s cal e 1, by
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A.-How old w-,s your father when he
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•• ..itnops claled by the Plain
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Q. - Lauderdale(Jounty?A.- Yes,Know
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Q lie is deal.A. , rj.• t'dth the
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A.- About 1070.Aril. she was about
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fyl, the end of the thirteen years,
- Page 47 and 48: Q.- You exercised the rits and priv
- Page 49 and 50: A.- No, sir.Q Is Pihe living or ,A.
- Page 51 and 52: They roull -nut it at un 4,', • '
- Page 53 and 54: Aaron Askew?lawr L1xrri1l A3T1v and
- Page 55 and 56: knowed three or four and, three -bo
- Page 57 and 58: Q And Ton!?A.- Yes, sir.Q. Mr. LAvl
- Page 59 and 60: ialr,ble like they o here, but I di
- Page 61 and 62: JuleA. '""Did they reduce his bond?
- Page 63 and 64: A I s d, he lived in our nei ; 1-sa
- Page 65 and 66: sir. He rrotr, back to find out, bu
- Page 67 and 68: couli not tell exac- erc., 9.1").Y
- Page 69 and 70: A.- Fulton County,,Q. Uf courre you
- Page 71 and 72: A.- Me InU n Tribe.Q.- You un',erst
- Page 73 and 74: yp,A.- Yes, sir.Q.- -A. - Fhat -111
- Page 75 and 76: Q.- Did you know .vent trie of Ind.
- Page 77 and 78: You lcft Alabama, *here lid pu Txpe
- Page 79 and 80: Axe' you related hl any way to 3.B,
- Page 81 and 82: C ross Examination,Q.- Who was your
- Page 83 and 84: A.- Yes, sir.An far back as you c'I
- Page 85 and 86: you started directly rlymy from 'wh
- Page 87 and 88: C:Too B ewer,a witness called by th
- Page 89 and 90: Q 7A1h!A thei r nqges ?A.- Bell, Vi
- Page 91 and 92: Q.- ere you ever married?A. - rC.-
- Page 94 and 95: Newt Askew, et/William quint Askew,
- Page 96 and 97: a certain instrament in writing now
- Page 100 and 101: Waich one Of the Askews did you eve
- Page 102 and 103: ace of people they were decended?,
- Page 104 and 105: q. What Askews did you roler to as
- Page 106 and 107: tosayc,9C, Was he looked.' upon arl
- Page 108 and 109: I ao rot,. 40. Do you know who hin
- Page 111 and 112: Newt Askew 2 at al,1r3. No, 1.Choc
- Page 113 and 114: IN TIM CHO:: T AVT LTD HiCKAAW ,1 I
- Page 115 and 116: ' sr.,A.p -..;9.w1 r d it you know
- Page 117 and 118: A.-- live no t he a r.1 it f*L/rthe
- Page 119 and 120: --It V/ S no t; bifore the Clizrisk
- Page 121 and 122: Q.--you can't ay if itnyth irg nd.
- Page 123 and 124: &X :.:10111e a re ICb 0 s and o the
- Page 125 and 126: mr,)Court admitting them to citizen
- Page 127 and 128: e -rAitled to enrollment as such ci
- Page 129 and 130: ITV/
- Page 131 and 132: SPENCER B. ADAMS, CHIEF JUDGE.WALTE
- Page 133 and 134: SUMMONS.United States of America,IN
- Page 135 and 136: SUMMONS.United States of America,IN
- Page 137 and 138: INDE X.List of applicants to Dawes
- Page 139 and 140: IN RE CITIZENSHIP CLAIM, APPLICATIO
- Page 141 and 142: 401k:all one sixteenth Choctaw Indi
- Page 143 and 144: IN THE MATTER OF THE CITIZENSHI: CL
- Page 145 and 146: justice to them and their husbands,
- Page 147 and 148: ATTIDAVI - OF WILLIAM QUINT AITATI.
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Subscribed and sworn before me this
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.01W.(Signed) Willis Howell.Sworn t
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AFFIDAVIT OF ELIZA ASKigi.In re Cit
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- Page 168 and 169:
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