Nation's No. 1807
Commission's No.
In re Application of
John F. Waters
Demurrer and Answer
FILED SEPT. 25 1896
A. S. McKennon
Com R
Nation's No. 1807
Commission's No.
In re Application of
FILED SEPT. 25 1896
A. S. McKennon
Com R
PETITION AND MEMORIAL
FOR CHEROKEE INDIAN CITIZENSHIP
TO The Hon Dawes Commissioner
Your petitioner John F. Waters earnestly and respectfully represents that he is one Sixty fourth Cherokee Indian by blood, deriving the same from h is lineal ancestor, the late Ned Sizemore through Mark M. Waters who was a son of Zilpha Waters who was a daughter of Mary Thompson who was a daughter of Lydia Blevins, whose maiden name was Lydia Sizemore a daughter of Owin Sizemore a son of Ned Sizemore a full blood Cherokee Indian.
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 John Franklin Waters , age twenty-four years, residence Buchanan , in the State of Virginia , post office address Grundy County of Buchanan State of Virginia occupation that of a Farmer and the names of his minor brothers and sisters is as follows Albert Waters age 20 Preston Waters age 19 years Candace Waters age 16 Brandon age 13 Rufus Waters age 11 years Alexander Waters age 9 years.
| Attesting Witnesses, | Most Respectfully Submitted, | |
|
[Seal] [Seal] State of North Carolina County of Ashe |
John F. Waters [Seal] |
Personally appeared before me D M Hart a Justice of the Peace
in and for said county in the State aforesaid, John F. Waters ,
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 h said petition above are true as stated therein, this the 19 day of Aug 1896.
| Attesting Witnesses, | D M Hart JP [Seal] | |
|
[Seal] [Seal] |
Subscribed and sworn to before me, a Justice of the Peace as aforesaid, on this 19 day of Aug 1896, and I do certify that I am personally acquainted with John F. Waters the said petitioner, andknow that She is a credible person and entitled to full faith and credit before any of the Courts of the State of N. C. , 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.
D M Hart J.P.
STATE OF NORTH CAROLINA
Ashe County ss
I, POINDEXTER BLEVINS, Clerk of the Superior Court of said county, do certify that D M Hart , 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
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.
| [Signed] | SAMUEL DAVIS |
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.
| [Signed] | 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.)
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.
| Attest | [Signed] | his |
| J. H. Barton | WILLIAM x PRICE | |
| mark. |
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.
| [Signed] | 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.)
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.
| his | ||
| [Signed] | ALFRED x PRICE | |
| mark |
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.
(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.)
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.
| Wm A Lewis | [seal] |
Subscribed and sworn to before me this, the 2nd day of Sept., 1896.
| W H Tibbils | Notary Public |
My commission expires Mar 7" 1900
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 J. F. Waters for Citizenship in the Cherokee Nation, Ind. Ter.,
and of the affidavits of Wm Price, Samuel Davis, Alfred Price, Wm. A. Lewis,
Wesley Blevins
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 A Baldwin
Subscribed and sworn to before me this 7 day of September, 1896.
W H Tibbils Notary Public
My commission expires Mar 7, 1900.
|
In the matter of application of John F. Waters |
Nation's No. Commission's No. |
for citizenship in the Cherokee Nation
John L. Adair