SERVICE AFFIDAVIT
INDIAN TERRITORY
Cherokee Nation SS
I, J. N. Baldwin, do solemnly swear that on the Fourth day
September, 1896, I , in person delivered to Wm. Hastings, Frank J. Boudinot, and
Wm. T. Hutchings, Attorneys for the Cherokee Nation at Tahlequah, I. T., a
package which contained a true copy of the application of Elizabeth
Hurley for Citizenship in the Cherokee Nation, Ind. Terr.,
and of the affidavits of herself, Samuel Davis, Alfred
Price, Wm. Price, Wm. A. Lewis, J. N. Baldwin
in support of same, the originals of which are now filed with the Honorable DAWES COMMISSION at
Vinita, Ind. Terr. That affiant has no interest in this matter.
J N Baldwin
Subscribed and sworn to before me this 7 day of September, 1896.
M H
Dibbils Notary Public
My commission expires Mar 7, 1900.
PETITION AND MEMORIAL
FOR CHEROKEE INDIAN CITIZENSHIP
TO The Hon Dawes Commission
Your petitioner Elizabeth Hurley earnestly and respectfully
represents that She is one
Eighth Cherokee Indian by blood, deriving the same from Her lineal ancestor,
the late Ned Sizemore through her mother ????? Stamper who was a daughter of Elizabeth Stamper who
was a daughter of Owen Sizemore who was a son of Ned Sizemore
who was a cherokee Indian of the full blood
Your petitioner therefore submits to your honorable body the above statement of facts as
grounds for her application for Cherokee Indian citizenship as aforesaid
in the Cherokee Nation and asks for a full and complete investigation of h claim and if the same is found to be valid and correct as herein stated,
that he be allowed all the rights, privileges and immunities of other citizens of said Nation.
Petitioner's full name is Elizabeth
Hurley , age 52 years,
residence Ashe Co , in the State of North Carolina occupation that of a Housewife, [I'm] married and have two children as follows to wit
[illegible]age 26 years, Cleveland age 21 years
[illegible]Hurley aged 26 years, Cleveland Hurley aged 21
years
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Most Respectfully Submitted, |
J N
Baldwin [Seal]
[Seal]
State of
County of |
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Elizabeth Hurley [Seal] |
Personally appeared before me Elisha
Davis , a Justice of the Peace
in and for said county in the State aforesaid, Elizabeth
Hurley , the petitioner in the above petition for Cherokee Indian citizenship in
the Cherokee Nation, Indian Territory, U. S. A., who after being duly sworn according to law
states that the facts set forth in her said petition above are true as
stated therein, this the 3 day of Aug 1896.
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Elisha Davis J.P. [Seal] |
J N
Baldwin [Seal]
[Seal] |
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Subscribed and sworn to before me, a Justice of the Peace as aforesaid, on this 3 day of Aug 1896, and I do certify that I am personally acquainted with the said petitioner, and
know that She is a credible person and entitled to full faith and credit
before any of the Courts of the State of North
Carolina , and that I have no interest directly or indirectly in the prosecution
of her said claim for Cherokee Indian citizenship and am not related to
h by blood or marriage.
Elisha Davis J.P.
STATE OF NORTH CAROLINA
Ashe County ss
I, POINDEXTER BLEVINS, Clerk of the Superior Court of said county, do certify
that Elisha Davis , Esq., whose name is signed to
the foregoing certificate, was at the time of so doing a Justice of the Peace in and for said
county and State, duly commissioned and sworn; that all his official acts are entitled to full
faith and credit, and that his signature thereto is genuine. Witness my hand and seal of said
Court, this 19th day of August 1896.
P. Blevins
Clerk Superior Court
GENERAL AFFIDAVIT
IN THE MATTER OF CLAIM
Of Elizabeth Hurley To Cherokee Indian
Citizenship.
AFFIDAVIT of Claimant
STATE OF North Carolina
COUNTY OF Ashe ss
On this, the 3 day of
Aug A. D., 1896 ,
personally before me Elisha Davis , a Justice of
the Peace in and for the county aforesaid, duly authorized to administer oaths, appeared
Elizabeth Hurley , aged 52 years, a resident of Ashe county, and State of North
Carolina whose postoffice is Silas
Creek , who after being duly sworn according to law, says that S he is one Eighth Indian by
blood and a claimant for Cherokee Indian citizenship. Affiant further says on oath
She derives her Indian blood from the late Ned
Sizemore who was a cherokee Indian of the full blood as set forth in her petition and
memorial and is a direct lineal descendant of the Sizemore family, whose name he she believes appears upon the census rolls, that were taken by the United
States government, by blood, of the Cherokee
tribe of Indians. Affiant further says that he she
believes the said Sizemore Family to be of
Cherokee Indian blood, and were members of the
Cherokee tribe of Indians.
Affiant further says he she has been
taught and has heard from her earliest youth that he
she is a descendant of a cherokee
Indian family and that affaint has been recognized and treated by her
neighbors and the public generally as a person of Cherokee
Indian blood and that from her complexion and physical appearance
he she has every reason to believe and does believe that
he she is of Cherokee Indian blood and is an admixture of white and Cherokee and at least one Eighth Indian by blood.
Affiant further says the above statements are true to the best of
her knowledge and belief.
Elizabeth Hurley
Subscribed and sworn to before me this 2 day of Aug A.D., 189 6 , and I further certify that the foregoing affidavit was read to affiant
in my presence. That said affiant is to me personally known (or has been satisfactorily identified
before me) and I verily believe her to be a credible person.
Elisha Davis J.
P.
In the matter of the claim of the descendants of Ned Sizemore to citizenship in the
Cherokee Nation, I. T.
STATE OF NORTH CAROLINA, }
COUNTY OF ASHE } SS,
Before me, the undersigned justice of the peace, in and for the county of Ashe, in the State aforesaid, personally appeared Samuel Davis, who after being duly sworn, states that he is seventy-seven years of age, a resident of Grayson county, Va, whose postoffice address is Grassy Creek, Ashe county, N.C.; that he has lived in Grayson county, Va, all his life; that about sixty years ago, he well and personally knew one Ned Sizemore, who was a Cherokee Indian of the full blood then living in Ashe county, N.C.; that said Sizemore, prior to that time had come from the Cherokee tribe in western North Carolina, or Georgia; that said Sizemore had the appearance of a full blood Indian and was so treated and recognized by his neighbors and acquaintances; that he made frequent visits to the home of said tribe after affiant first knew him; that he died in Ashe county, N.C., and had a numerous family of sons and daughters, one son Owen Sizemore had a daughter, Lyddia who married James Blevins and another daughter who married one Stamper, from whom have descended a number of these claimants and that said Ned Sizemore had one daughter Catharine who married one James Hart; that said James and Catherine Hart had sons Ned and George among others, and Catherine who afterwards married one Baldwin and subsequently one Caldwell, and Margery who married one Robert Hash and settled in
Grayson county, Va, near the N.C. and Va State line and near the home of affiant; that he often saw said Ned Sizemore at the home of the said Margery Hash, his grand-daughter, and remembers to have seen him there once with a pet bear following him; and that said Ned Sizemore could speak English only very imperfectly.
Affiant states these facts from his own personal knowledge and observation and has no interest direct or indirect in the claim of said Ned Sizemore's descendants to citizenship in the Cherokee Nation, I. T.
Given under my hand this 10th day of August, A.D. 1896.
Sworn to and subscribed before me this 10th day of August A.D. 1896, and I certify that I am well acquainted with said Samuel Davis and know him to be entitled to full faith and credit and a truthful person.
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M. C. Hash, J. P. |
(The foregoing is a copy of an affidavit filed with the Hon. Dawes Commission in the claim of Cornelie Peak for citizenship in the Cherokee Nation, I. T.
Official character and genuineness of signature of Justice certified by Clerk of Court under seal of Court.)
In the matter of the claim of the descendants of Ned Sizemore to citizenship in the
Cherokee Nation, I. T.
STATE OF NORTH CAROLINA, }
COUNTY OF ASHE } SS,
Before me, the undersigned Justice of the Peace, in and for the county of Ashe, in the State aforesaid, personally appeared William Price, aged 86 years, a resident of Ashe county, State of North Carolina, whose postoffice address is Weaversford, N. C., who after being duly sworn, states that he was born and raised in Ashe county, N.C., and that some sixty or seventy years ago, he well knew one Ned Sizemore, who was a full blood Cherokee Indian and made his home at that time on the waters of Cranberry Creek, in Ashe county, N.C.; that said Sizemore had come from the home of the Cherokee tribe in Western N. C., or Ga, some several years prior to the time affiant first knew: that he often went back to where said tribe was located after affiant first knew him but finally made his home in Ashe county, N.C., where he subsequently died; that said Sizemore had numerous family of sons and daughters, two of whom, Owen Sizemore, a son, and Catharine Sizemore a daughter affiant well and personally knew; that said Owen Sizemore had a daughter, Lyddia who married one James Blevins, and lived in Ashe county N.C.; that said James and Lyddia Blevins had several sons and daughters from whom have descended a number of the present claimants: that said Catharine Sizemore, a daughter of said Ned Sizemore married one James Hart, and had numerous sons and daughters among whom were Catharine who married one Baldwin and subsequently married one Caldwell, and Margery who married Robert Hash, and settled in Grayson Co., Va., near the Va., and N.C. State line, Ned Hart, who settled in Ashe county N.C., from whom have descended a number of the present claimants. Affiant further states that said Ned Sizemore had every appearance of being a full blood Indian; that he claimed to be a member of the Cherokee tribe and was so recognized by the said Cherokee tribe and members thereof; that he was recognized and treated by his neighbors and acquaintances in Ashe county; N.C., and Grayson county, Va., as a full blood Indian.
Affiant states these facts from his own personal knowledge and observation and has no interest direct or indirect in the claim of said Ned Sizemore's descendants to citizenship in the Cherokee Nation, I.T.
Given under my hand and seal this 11th day of August A.D. 1896.
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Attest
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[Signed]
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his
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| J. H. Barton |
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WILLIAM x PRICE |
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Subscribed and sworn to before me this 11th day of August, A.D. 1896, and I further certify that I am well acquainted with said William Price and know him to be a person of truth and credibility.
Given under my hand this day and date first above written.
(The foregoing is a copy of an affidavit filed with the Hon. Dawes commission in the claim of Cornelie Peak for citizenship in the Cherokee Nation. I. T.
Official character and genuineness of signature of Justice certified by Clerk of Court under seal of court.)
In the matter of the claim of the descendants of Ned Sizemore to citizenship in the
Cherokee Nation, I. T.
STATE OF NORTH CAROLINA, }
COUNTY OF ASHE } SS,
On this 19th day of August A. D. 1896, personally appeared before the undersigned Justice
of the Peace, in and for the county of Ashe, in the State aforesaid, Alfred
Price, aged 76 years, whose postoffice address is Crumpler, Ashe county, N. C.,
and states that some sixty years ago he personally knew one Ned Sizemore
who then lived in Ashe county, North Carolina, and who was a Cherokee Indian of the full
blood, having come several years prior to that time from the Cherokee reservation and
settled in Ashe county, N. C.; that said Ned Sizemore had the appearance
of being a full blood Indian, and was so treated and regarded by his neighbors and
acquaintances; that said Sizemore died in Ashe county, N. C., and had a numerous family of
sons and daughters, one son Owen who was the father of Lyddia
Sizemore who married James Blevins and who was the mother of
James, Eli, George, Wells Blevins from whom have sprung a number of the
present claimants; that Catherine was the name of a daughter of said
Ned Sizemore who married one James Hart and who had
several sons and daughters, Margery who married Robert Hash,
George Hart who was the father of Margery Peak and
Cornelie Peak and Grub Hart; said Ned
Sizemore also had other sons and daughters and said Catherine
Hart was the mother of Catherine Caldwell who was the mother of
Nancy Caldwell and William D. Baldwin; that said
Catherine Hart was the mother also of Ned Hart, Morris
Hart and others. Affiant states these facts from his own personal knowledge and
observation. Given this Aug. the 19th, 1896.
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[Signed]
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ALFRED x PRICE
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Subscribed and sworn to before me this 19th day of August, A. D. 1896, and I certify that
the contents of the foregoing affidavit were fully made known to affiant before signing
and swearing, and that said Alfred Price is a person of truth and
credibility.
Given under my hand this day and date first above written.
[Signed] L. Hurley, J. P.
(The foregoing is a copy of an affidavit filed with the Hon. Dawes Commission in the claim
of Cornelie Peak for citizenship in the Cherokee Nation, I. T.
Official character and genuineness of signature of Justice
certified by Clerk of Court under seal of Court.)
In the matter of the claim of the descendants of Ned Sizemore to citizenship in the
Cherokee Nation, I. T.
STATE OF NORTH CAROLINA, }
COUNTY OF ASHE } SS,
On this 2nd day of September A. D. 1896, personally appeared before me, the undersigned
Notary Public, within and for the Northern District of the Indian Territory,
William A. Lewis, aged seventy-nine years, whose postoffice address is
Ft. Gibson, Cherokee Nation, I. T., who after being first duly sworn, deposes and says:
That he is a Cherokee by birth and came to the Indian Territory with the Cherokee tribe on
its migration from the east, that he was well acquainted with the majority of the members
of said tribe who so migrated as well as those who remained in the east; that he was well
and personally acquainted with one Ned Sizemore, in North Carolina, old
Cherokee Nation, and knows that he was always recognized and treated as a Cherokee Indian,
and from the appearance of said Sizemore and his acquaintance with him, affiant knows him
to have been a Cherokee Indian by blood and of the full blood: that he knew said Sizemore
from about the year 1822, in North Carolina, and believes that said Sizemore was enrolled
in the Cherokee enrollment of about that date, and again in the Wafford enrollment.
Affiant further states that he knew one James
Hart, whom he believes to have been so enrolled and who married
Catherine, the daughter of said Ned Sizemore, and
affiant also remembers that said Ned Sizemore has a son name of Owen and
also another son by name of George. Affiant further states that said Ned
Sizemore and his family, on the migration of the Cherokees to the Indian Territory,
remained in North Carolina and from the best of his information he believes that said Ned
Sizemore afterwards settled, lived and died in Ashe County, North Carolina.
Affiant states these facts from his own personal knowledge.
Affiant states that he was born and partially reared a near neighbor to the Sizemore and
Hart families, and was familiar with them, in school and as playmates and associates.
Given under my hand and seal this the day and date first above
written.
Subscribed and sworn to before me this, the 2nd day of Sept., 1896.
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W H Tibbils
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Notary Public
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My commission expires Mar 7" 1900
Affidavit of Witness
INDIAN TERRITORY
Cherokee Nation SS
Before me, the undersigned Notary Public in and for the Northern District of
the Indian Territory, J. N. Baldwin , who after
being by me duly sworn states that he is 36 years of age, and
a resident of Ashe County, and State of North Carolina, whose postoffice address is Burl (?) , in said County, and that he is personally acquainted with
Elizabeth Hurley , who is an applicant for citizenship in the
Cherokee Nation, I. T., and affiant further states that the said Elizabeth Hurley is the identical person she
represents herself to be in her application for citizenship in said
Nation, and that he has known the said applicant for the past 15 years and knows that she is and has been
recognized and treated by her neighbors, acquaintances, and the public
generally, as a person having Cherokee blood; and that the complexion, physical appearance,
language and manners of the said applicant indicate that she is of
Cherokee blood. That from above facts and circumstances and from statements made to him by the
said applicant, affiant states he has every reason to believe and does believe that the said
applicant is of Cherokee Indian blood.
J N Baldwin
Subscribed and sworn to before me this, 3
day of September, 1896.
M H Dibbils Notary Public
My Commission expires, March 7, 1900.
Deposition of witness
The state of N.C.
County of Ashe
Before me the undersigned W.H. Blevins a justice in and for said County of Ashe
personally appeared Elisha Blevins and makes affidavit and who states on oath
that he is 94 years of age and a citizen of Ashe Co. N.C. that he is personally
acquainted with Elizabeth Hurley whose maiden name was Elizabeth
Stamper who is an applicant for citizenship in the Cherokee Nation, I.T. and that he
knows from his own knowledge that she is the identical person she represents herself to be
that the said Elizabeth Hurley whose maiden name was Elizabeth Stamper and
is the Daughter of Susan Stamper who was a Daughter of Elizabeth Stamper whose
maiden name was Elizabeth Sizemore who was a Daughter of the late Owen
Sizemore a son of Ned Sizemore a full blooded Cherokee Indian
affiant further statesthat he has known the said Elizabeth Hurley for past
30 years and that dureing that time was intimately acquainted with the said Elizabeth Hurley and
knows she was known recognied and treated By her neighbors acquaintance and the public generally
as a person of cherokee Indian Blood the said Ned Sizemore and his family emigrated
from Cherokee Co N.C. and settled in Ashe Co N.C. that the complexion
physical appearance language and maner of the said Elizabeth Hurley indicated that she was of
Indian Cherokee Indian Blood and that she was so known recognised treated By the
neighbors and the public Generally and from the facts and circumstances and from statements made
by the said Elizabeth Hurley and her ancestors affiant has every reason to Believe and doth verly
Believe from his own personal knowledge that the said Elizabeth Hurley is of Cherokee Indian Blood
affiant further states on oath that he has no Interest Directly or indirectly
in the said prosecution of the claim of the Said Elizabeth Hurley to citizenship in the Cherokee
Nation I.T. and is not Related either by Blood or marage to the said Elizabeth Hurley and she
derived her indian Blood from Ned Sizemore a full Blooded Cherokee Indian the said
Elizabeth Hurley is of Indian and white descent
Attest
L. Hurley |
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his
Elisha x Blevins
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Subscribed and sworn to Before me this the 25th day of Oct 1888 and I further
certify that I am well acquainted with the said Elisha Blevins and know him to be a person of
credibility and of Truth and Veracity and that I have no interest directly or indirectly in the
prosecution of this claim of the said Elizabeth Hurley for citizenship in the Cherokee Nation,
I.T.
W.H. Blevins
Justice of the Peace
Before the Honorables Henry L. Dawes, Frank C. Armstrong, A. S. McKennen, T. B. Cabaniss, and
A. B. Montgomery, Commissioners.
In the matter of application of
Elizabeth Hurley, et al. |
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Nation's No. 1000.
Commission's No. |
for citizenship in the Cherokee Nation
Your respondant, S. H. Mayes, Principal Chief of the
Cherokee Nation, comes now and demurs the said application, and for the grounds thereof
says;
1st. That this Commission has not jurisdiction over the parties
or subject matter of this controversy and no legal right, therefore, to hear and determine the
same.
2nd. That the application does not state facts sufficient, if
true, to show that the applicants are entitled to
citizenship.
Respondent not waiving his aforesaid demurrer, but insisting upon the same
for answer to said application says that Ned
Sizemore
through whom the petitioner s claim
to derive their right to citizenship in the Cherokee Nation,
is not now, and has not been a citizen of the Cherokee Nation, since the removal of said Nation,
west to the Indian Territory as at present located and defined , that his name does not appear on
any of the authenticated rolls of said Nation; that neither he nor any of his ancestors now
reside, or ever have resided in the Cherokee Nation and Indian Territory, as citizens
thereof.
