No. 14225 Action: Rejected
Name Wood Sizemore and X
children
Residence: Kayford, W. Va.
With No. Sizemore Case "B"
Remark:
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INDIAN OFFICE
EASTERN CHEROKEES
Rec. Jan 29 1907
No.
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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.
- State full name–
English Name: Wood Sizemore
Indian Name: have none
- Residence: Keyford (Kayford)
- Town and post office: Kayford
- County: Kanawha
- State: West Virginia
- Date and place of birth: October 2nd 1852 - Floyd Co. Kentucky
- 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
- Are you married? Yes
- Name and age of wife or husband: My wife's name Martha Sizemore
- 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
- Where were they born?
Father: In North Carolina. in ??? near to the state line
Mother: Dont Know but think was Floyd County Kentucky
- Where did they reside in 1851, if living at that time?
Father: Floyd County Ky
Mother: Floyd County Ky
- Date of death of your father and mother–
Father: in the fall of
1873 Mother: in 1860 I think
- Were they ever enrolled for annuities, land, or other benefits? If so, state when and where:
No - not that I know of
- Name all your brothers and sisters, giving ages, and if not living, the date of death:
Name.
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Born.
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Died.
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(1) John Sizemoore
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about 1840
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still living
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(2) William Sizemoore
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" 1842
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still living
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(3) Susanna Sizemoore
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now Susanna Oney abt 1844
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(4) Hiram Sizemoore
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about 1846
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died in ????
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(5) Wood Sizemore
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" 1852
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this applicant
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(6) Add Sizemore
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died as infant
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- State English and Indian names of your grandparents on both father's and mother's side, if
possible.
Father's side
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Mother's side
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Unknown
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I cannot state positively
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- Where were they born? Unknown
- Where did they reside in 1851, if living at that time? Unknown
- 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
- 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
- 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
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Signatures of Witnesses
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James Adams
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A. W. Mackie
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T L Kinney
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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.