William J. Kirk being first duly sworn deposes and swears:

My name is William J. Kirk and I was born in 1843 in Marion Co., Ala., now Lamar Co., Ala. I have lived there all my life.    I have no interest in these claims, except as a witness.    I know a family of Sizemores living in the same County that I do and am not related to them in any way.    As a small boy I recollect Mr. Daniel Sizemore's father, whose name was Daniel Sizemore, and I know all of his children and am well acquainted with them.    My mother and father and neighbors always told me that the old man, Daniel Sizemore, moved down here from Tennessee.     It was my understanding from early childhood that these Sizemores had Indian blood.     In the eighties or seventies I learned from F. F. Sizemore, a brother of young Daniel Sizemore, that he had gotten some papers showing that he was entitled to a legacy or something coming to him on account of his Indian blood. Felin Franklin Sizemore said that if they got theirs he was in hopes of getting something too.   I do not know what those papers stated in regard to tribal relations. About that time there was considerable talk about land being distributed among the Indians in the Indian Territory, and Felin Franklin Sizemore sold out his property here and went to the Indian Territory with the expectation of getting some of this land on account of his Indian blood. I have since understood that he did not get any land or allowance. I would not be positive that these papers represented a claim allowed or a formal application for lands.    I have since heard that the Sizemores belong to the Cherokee tribe. I never knew them to visit the Indians, nor did I know of the Indians ever visiting them.    but for truth and veracity I would have absolute faith in anything the Sizemore family in my neighborhood would say.

(signed)   W. J. Kirk  

Subscribed and sworn to before me at Winfield, Ala., this 1st day of July, 1908.