No. 14225         Action:   Rejected

Name Wood Sizemore  and X children
Residence: Kayford, W. Va.
With No. Sizemore Case "B"
Remark:  

INDIAN OFFICE
EASTERN CHEROKEES
Rec.   Jan 29 1907  
No.                            

Commissioner of Indian Affairs,
Washington, D.C.

SIR:
        I hereby make application for such shares as may be due me of the fund appropriated by the Act of Congress approved June 30, 1906, in accordance with the decrees of the Court of Claims of May 18, 1905
and May 28, 1906, in favor of the Eastern Cherokees. The evidence of identity is herewith subjoined.


  1. State full name–
        English Name: Wood Sizemore
        Indian Name:  have none
  2. Residence:  Keyford (Kayford)
  3. Town and post office: Kayford
  4. County: Kanawha
  5. State: West Virginia
  6. Date and place of birth: October 2nd 1852 - Floyd Co. Kentucky
  7. By what right do you claim to share? If you claim through more than one relative living in 1851, set forth each claim separately: By being the son of Black Hawk a Cherokee Indian and his ?? ?? as well
  8. Are you married? Yes
  9. Name and age of wife or husband:  My wife's name Martha Sizemore
  10. Give names of your father and mother and your mother's name before marriage.
        Father—English name: William Sizemoore
    Indian name:  Black Hawk
        Mother—English name: Martha Sizemore
    Indian Name:  had none
    Maiden Name: Martha Milam
  11. Where were they born?
        Father: In North Carolina. in ??? near to the state line
        Mother: Dont Know but think was Floyd County Kentucky
  12. Where did they reside in 1851, if living at that time?
        Father: Floyd County Ky
        Mother: Floyd County Ky
  13. Date of death of your father and mother–
        Father: in the fall of 1873      Mother: in 1860 I think




  1. Were they ever enrolled for annuities, land, or other benefits? If so, state when and where: No - not that I know of
  2. Name all your brothers and sisters, giving ages, and if not living, the date of death:
    Name.    Born.        Died.
    (1) John Sizemoore about 1840   still living
    (2) William Sizemoore " 1842   still living
    (3) Susanna Sizemoore now Susanna Oney abt 1844    
    (4) Hiram Sizemoore about 1846   died in ????
    (5) Wood Sizemore " 1852 this applicant
    (6) Add Sizemore died as infant  
  3. State English and Indian names of your grandparents on both father's and mother's side, if possible.
      Father's side     Mother's side
    Unknown   I cannot state positively
  4. Where were they born?  Unknown
  5. Where did they reside in 1851, if living at that time?  Unknown
  6. Give names of all their children and residence, if living; if not living, give dates of deaths:
    (1)  English name          
    Indian Name          
    Residence          
    (2)  English name:             
    Indian name:  unknown  
    Residence            
    (3)  English name              
    Indian Name:              
    Residence            
    (4)  English name:              
    Indian Name:              
    Residence            
    (5)  English name              
    Indian Name               
    Residence            
  7. Have you ever been enrolled for annuities, land, or other benefits ? If so, state when and where:
    No have not. So far as I recall




  1. To expedite identification, claimants should give the full English and Indian names, if possible, of their paternal and maternal ancestors back to 1835:
     

REMARKS
(Under this head the applicant may give any additional information that he believes will assist in proving his claims.)

In about 1870 a man whom I understood to be a Govt agent came to our people in Floyd County Kentucky and ?? us to go to the Indian Territory & get some land. He said we was entitled to each one 160 acres & I understood For Sizemore has give our ?? ?? of his ?? also.


NOTE –Answers should be brief but explicit: the words "Yes," "No," "Unknown," etc., may be used in cases where applicable. Read the questions carefully.


I solemnly swear that the foregoing statements made by me are true to the best of my knowledge and belief.
(Signature.)      Woods Sizemore     

Subscribed and sworn to before me this 26th day of January, 1907.

My commission expires
January 1st , 1909

T J Dorrs Justice of Peace
and Mayor of Montgomery West Virginia as well.

Notary Public


AFFIDAVIT
(The following affidavit must be must be sworn to by two or more witnesses who are well acquainted with the applicant.)

Personally appeared before meJames Adams and T L Kinney, who, being duly sworn, on oath depose and say that they are well acquainted with Wood Sizemore who makes the foregoing application and statement, and have known him for 39 years and 6 years, respectively and know him to be the identical person he represents himself to be, and that the statements made by him are true, to the best of their knowledge and belief, and they have no interest whatever in this claim.

  Witnesses to Mark   Signatures of Witnesses
    James Adams
A. W. Mackie   T L Kinney

Subscribed and sworn to before me this 26th day of January, 1907.

My commission expires
January 1st, 1909

T J Darrs Justice of Peace
and Mayorof the town of Montgomery, W. Va. as well.
Notary Public 
by R. M. Scott D. C.

NOTE –Affidavits should be made, whenever practicable, before a notary public, clerk of the court, or before a person having a seal. If sworn to before an Indian agent or disbursing agent of the Indian service, it need not be executed before a notary, etc.






B. W. Moore, Attorney-at-Law


Montgomery, W. Va.      
Saturday Jany 25th 1907
To the
Commissioner of Indian Affairs
Washington D.C.} Dear Sir
I enclose ?? the application of Wood Sizemore. The son of "Black Hawk"(Black Hawk) a Cherokee Indian for his share of the Cherokee Fund &ct. Will you do me the kindness to acknowledge the receipt of same.
I wrote you yesterday requesting some applications for his brothers and nephews. &ct
Awaiting your reply
I remain with great respect
Yours Truly
B.W. Moore






B. W. Moore, Attorney-at-Law

In the matter of claim of
Wood Sizemore }Montgomery, W. Va., May 10th 1907
Cherokee Indian claim }
No. 14225 }
To the Commissioner of Indian Affairs
Department of the Interior
Washington D.C.
Dear Sir
Will you kindly give me the Status and Standing of the claim of Wood Sizemore Claim No 14225 Eastern Cherokee Indians. These county papers every now & then "Shoot Off" about these claims which has a tendency to excite claimants & stir them up & get them after us.
I hope I can not hausdendncy or ?? beyond what I am depast ?? not do in this matter and thanking you in advance very much for any information on this subject.
I remain with great respect
Yours Truly
B. W. Moore






Appln. #14225.

May 18, 1907.

B. W. Moore,
Montgomery,
West Virginia.

Sir:-
   Your letter of May 10, 1907, addressed to the Commissioner of Indian Affairs, has been referred to this office for reply.
   Relative to the application of Wood Sizemore, you are advised that this claim has not yet been given special consideration, as the Court of Claims in its order of April 29, 1907, an abstract of which is herewith inclosed, has extended the time for filing application to August 31, 1907, and until the applications have all been filed it will be impossible to give final consideration to any of them. As there are already over 22,000 applications on file and the claimants are widely scattered through the United States, it will necessarily take considerable time to have all of these cases adjudicated, and until they are so determined no money can be distributed.
   If there is anything further required in connection with the claim of Wood Sizemore you will be notified.
   All communications relative to this matter should be addressed to this office.

Very Respectfully,

Special Commissioner





B. W. Moore, Attorney-at-Law
# App=14225


Montgomery, W. Va. May 27th 1907
Hon Guion Miller Comm
Washington D.C.} Dear Sir
Yours 18th inst
in the matter of claim no 14225 Wood Sizemore to ????? with enclosure to hand for which accept my many Thanks. None of Wood Sizemores children as I understand it are minors & I dont have his adult children file then ????? as for instruction    One Lizzie Boggs = claiming to be the Grand daughter of an Indian (Cherokee) who lived in Rockingham Rockingham Co North Carolina & brought to my office an old darkey (negro) one Jack Napper who claims he knew this Indian at the time of President Jacksons Campaign & Election. that this Indian worked in a shoe shop "wooleus" shoe shop Rockingham Rockingham Co North Carolina = that this indian took up with a white woman a sister of one John Martin who was a man of means owned ???rs & lived in Henry Co Virginia moved to Ohio & had one child Adam Martin. That Adam Martin married Susanna Earl in Burlington Lawrence Co Ohio & they had but one child Lizze or Elizabeth & that this claimant married Alonzo Boggs. This old Negro Jack Napper is regarded here as being 95 (95) years of age that is as active as a man of 45 or 50 years. This woman ??? ??? ???
I remain with great respect
Yours Truly
B.W. Moore






State of Kentucky
County of Floyd
The affiant James Bank Personally appeared before me T J Sizemore a justice of the peace in & for Floyd county Ky. States as follows affiant says that George Sizemore was his grand father the affiant says from the best information he can get that George Sizemore his Grand father was a half Cherakee Indian. Affiant says that Ned Sizemore was a Brother to his Grand father George Sizemore


Subscribed and sworn to before me by James Banks
This June 24th 1907
T J Sizemore JPFC






State of Kentucky
County of Floyd
Personally apeared before me Thomas Sizemore a Justice of the peace for Floyd county Ky William Sizemore who states as follow    affiant says that he is a son of William Sizemore who went by the name of Black Hawk Sizemore    Affiant says that George Sizemore was the father of William Sizemore the Grant father affiant and that George Sizemore was a brother to Ned Sizemore Henry Sizemore John Sizemore    Affiant says his Grant father George Sizemore was a half Cherake Indian
Sworn to and subscribed before
By William Sizemore
this 24 day of June 1907
Thomas J Sizemore JPFC






State of Kentucky
County of Floyd
The affiant James Bank Personally appeared before me T J Sizemore a justice of the peace in & for Floyd county Ky. States as follows affiant says that George Sizemore was his grand father the affiant says from the best information he can get that George Sizemore his Grand father was a half Cherakee Indian. Affiant says that Ned Sizemore was a Brother to his Grand father George Sizemore


Subscribed and sworn to before me by James Banks
This June 24 1907
T J Sizemore JPFC






June the 27 - 1907
Kayford, W. Va.
Mr Guion Miller Dear Sir i rite you a few lines in regard to my claim that B W Moore of Montgomery W. Va. fild for me some months a go as i havnt herd from him for som time i will send you som affidavit of som of my people    Wm Sizemore an me are Brothers he sinds his claim in for you to doo somthing for him if there was any thing for us





July the 8th 1907
Kayford, W. Va.

Mr Guion Miller Special Comishnor of Cort claims
i recivd your letter an blank to fill out    i sent blank to my brother    i susposed you sent it to him as i had fild one an sent to the department ?? B W Moore    i wold like to hear from you if the Proof was sufecient    if not you write me at once what Proof it takes so I can know    You have in their affadavets Ned Sizemore & my grand father was brother half cherokee Indian & my grand father was named Georg Sizemore    You all so have there what the proof what I repisent to be wich B W Moore sent to you all or at least he said so    he said he filled out my Blank In Januwary & said he sent it to you    Well then I supposed that this blank you sent me was to fill for my brother wich I sent on to him 15 milels above me    all so now if you cant find the blank that B Moore sent for me please let me know & send me one to fill out    B W Moore was the man that said that he had filled my blank ?? yours Woods Sizemore




State of Kentucky
County of Floyd

Thomas J. Sizemore being sworn on his oath states that he is well acquainted with William M. Sizemore  affiant says that said William M. Sizemore is a son of William Sizemore went by the name of Black hawk    affiant further states that George Gulden Sizemore were the grand father of William M Sizemore & further says that George Gulden Sizemore was the father of William Sizemore Nick name Black hawk   affiant say that William M Sizemore has the following Brothers & Sisters John Sizemore Woodson Sizemore Hiram Sizemore deceased & Susan Sizemore   affiant says he know all the above statements has maded to be true because he is acquainted & seen all above named Nothing more.

Thomas J Sizemore

Subscribed & Sworn to before me by Thomas J Sizemore this August 18th 1907.

Jas Banks
JPFC



State of Kentucky
County of Floyd

William M Sizemore being sworn on his oath says that he is a brother of Woodson Sizemore and a son of William Sizemore went by the name of Black Hawk    Affiant says that he is a grand son of George Gulden Sizemore and says Ned Sizemore & Henry Sizemore were brothers to George Gulden Sizemore   Affiant says that he has the following brothers and sister John Sizemore Hiram Sizemore Deceased Woodson Sizemore & Susan Sizemore   Affiant says that Caty Montgomery is his aunt & Granvill Sizemore is his uncle

William M Sizemorehis
William  X  Sizemore
Water Gap Kymark

Sworn to & subscribed before me by William M Sizemore this August 19th 1907.

Thomas J. Sizemore
JPFC



State of Kentucky
County of Floyd

James Banks being sworn on his oath says he is acquainted with William M Sizemore that he is a son of William Sizemore who was nick named Black hawk    Affiant says that William Sizemore was a son of George Gulden Sizemore & William M Sizemore is a grand son of George Gulden Sizemore   Affiant says that William M Sizemore & Woodson Sizemore is Brothers and that William M Sizemore has the following brothers & sister  John Sizemore Hiram Sizemore Deceased Woodson Sizemore & Susan Sizemore   Affiant says that Caty Montgomery is a daughter of George Gulden Sizemore   Affiant says Ned Sizemore & Henry Sizemore was brothers to George Gulden Sizemore

Jas Banks

Sworn to & subscribed before me by James Banks this August 19th 1907.

Thomas J. Sizemore
JPFC



Aug the 20th - 1907
Kayford, W. Va.
Mr Guion Miller Special Commissioner
Sir you will find som afidavit Enclosed as Som Proof So as to let you kno i am the man i represent to Be So if i need more Proof Pleas rite me an send me too Blanks an i will send them an have them filld out
Yours Woods Sizemore




SPECIAL COMMISSIONER OF THE COURT OF CLAIMS
EASTERN CHEROKEE ENROLLMENT,
601 OURAY BUILDING,
WASHINGTON, D. C.
Sir:

   Replying to your request for a blank application for participation in the fund arising from the judgement of the Court of Claims in favor of the Eastern Cherokees, you are advised that under the order of the Court of April 29, 1907 all applications were required to be filed on or before August 31, 1907.

   It is therefore now too late to file applications except on behalf of minor children, persons of unsound mind, or persons under some other legal disability.

Very respectfully,
GUION MILLER
Special Commissioner.




Park Va
December 28th 1907
To Commissioner of Indian Affairs
Washington DC
Sir; enclosed find the affidavit of James Osborne relative to the questions asked by you in reference to the Sizemore Family. It Seams that Mr Osbornes ricullection Serves him all right in remembering his Grand Pa Sizemore and his uncles & Aunts But can not gave any dates as to Births & deaths Ned Sizemores children as I was allways iformed by my Father and grand mother who was the Daughter of James and Catharine Hart who was the daughter Ned Sizemore, (Sr) That there was George, Owin, Ned Jr, and Hiram. His daughters wer Catharine - Sally - Snicky - Lydia - Polly. George and Owin migrated to Virginia now W. Va. It is claimed the boys are all dead exsept Owin. It was claimed that he was still living a short time ago in W Va I have understood from the older citizens that Ned (Son) died in Alleghany Co NC and was Buried with Indian Customs and his Son Ned died in Tenn. It seams allmost impossible to get up correct dates of the Birth or deaths of that Family by the people now Living. I have a letter from the clerk of the church in Allegahny Co NC who States there was a Baptist church organized in 1817 That Edward Sizemore Rebica Sizemore Anna Sizemore was in the organization. In the year 1865 The church was revised and neither am of the Sizemores appeared in the revision So the Sizemore Family must to have all left or died Some time between 1817 and 1865 but at what date we as yet are not able to tell. But we can tell this truthfully that it has been pinned by the older citizens several times that we was cherokee Indians and we have allso been recognized and treated as such. Yours truly
Wm. M Baldwin




SPECIAL COMMISSIONER OF THE COURT OF CLAIMS
EASTERN CHEROKEE ENROLLMENT,
601 OURAY BUILDING,
WASHINGTON, D. C.
Sir:

   Replying to your letter of recent date relative to the Eastern Cherokee enrollment, you are advised that since filing my report of May 28, 1909, with the Court of Claims, the matter has passed entirely beyond my control.

   My report sets forth why, in my opinion, the claims admitted should be admitted and those rejected should be rejected. The matter now rests with the Court and the only way that my decision can be reviewed is by filing exceptions in accordance with the order of the Court of June 10, 1909.

   No blank forms will be furnished for the filing of these exceptions.

   Under the order of the Court of Claims of April 29, 1907, it was necessary for claimants to file an application prior to August 31, 1907, and to prove that they were Eastern Cherokee Indians by blood, descended from Indians who were recognized parties to the Treaties of 1835-6 and 1846, and to further prove that they were not Old Settler Cherokees, and that they, or their immediate ancestors, had not since the Treaty of 1846 been affiliated with any tribe or band of Indians other than the Cherokee Nation.

   The application about which inquiry is made in your letter was rejected because the claimant failed to bring himself within these requirements.
Very respectfully,
GUION MILLER
Special Commissioner.




B. W. Moore
Attorney-at-Law
Montgomery, W. Va. __________ 190
No 1440 Crotona Park East
February 8th 1910
Hon Guion Miller }
Interior Department }
Washington, DC }
Dear Sir
Will you do me the kindness to let me know by return mail the status and standing of the Cherokee claim of Wood Sizemore
I filed this claim with you from my office in Montgomery - Fayette Co W Va as atty for Wood Sizemore in the year 1907 that one or two letters from you concerning it. I do not now remember the no of his claim Wood Sizemore.
Cherokee claims      Thanking you in advance
Yours very truly
B.W. Moore
No 1440 Crotona Park East
New York City, N.Y.



No 1440 Crotona Park (East)
NY City NY Feby 17th 1910
App #14225
Hon Guion Miller }
Spl Comster }
Washington, DC }
Dear Sir
Yours of 12th inst answering mine of 8th inst in the matter of app #14225 claim of Wood Sizemore (Eastern Cherokee) received for which be good enough to accept my many thanks.
Note you say count him not passed on Exceptions to you report
If not taking too great a liberty in not un??? with your news as the promises will you kindly let me know whether or not your report as filed allows the claim of said Wood Sizemore if so to what extent or frankly what dispostion ?? your report. Make of this claim. This I am ?? much as I have not had the opportunity to look over your report nor examine same.
remain with great respect
yours very truly
B. W. Moore



App. #14225.


February 23, 1910.

B. W. Moore
1440 Crotona Park, East.
New York City, N. Y.
Sir:

    Replying to your letter of February 17, 1910, you are advised that in my report of May 28, 1909, I reported the claim of Woods Sizemore for rejection, and in my report on exceptions filed filed to my original report I have renewed my former recommendation that this claim should be rejected.
Very respectfully,

Special Commissioner.



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