Hurley Family Tree

Department of the Interior Commission to the Five Civilized Tribes Muskogee, I. T. July 18, 1900 In the matter of the application for identification as Mississippi Choctaws of James Henry Roberts and his eight minor children. James Henry Robertseing duly sworn. Q. What is your name? A. James Henry Roberts. Q. What is your age? A. 44 years old. Q. What is your postoffice address? A. Purcell, I. T. Q. Do you live at Purcell? A. Ten miles west of Purcell. Q. In the Chickasaw Nation? A. Yes sir. Q. How long have you lived there? A. Have not lived right in there but a short while. Q. How long? A. About seven or eight months. Q. Where did you live prior to that time? A. Most of my life in Texas. Q. Only lived in the Indian Territoryor the past seven months? A. Yes sir. Q. Are all your personal belongings now in the Indian Territory? A. Yes sir. Q. Have you any interests anywhere else? A. No sir, none whatever. Q. How much Choctaw boold do you claim? A. My mother was a quarte. Q. I am talking about you. How much Choctaw blood do you claim? A. I don't know if I can work it out. I don't know whether I have education enough to work it out...If she was a quarter I guess it would make me about one eighth or one sixteenth.. What is your fathers name? A. Elias Roberts Q. Is he living? No sir. Q. What is your mothers name? A. Patsy Ann Alabama. Q. Is she Living? A. No sir. Q. Through which one of your parents do you claim your Indian blood? A. My mother. Q. Was yourothers name ever on the the tribal rolls of the Choctaw Nation? A. No sir. Q. Did she ever make application to the tribal authorities of the Choctaw Nation for citizenship? A. No sir. Q. How long has she been dead? A. 39 years. Q. Is your name onny of the tribal rolls of the Choctaw Nation? A. No sir. Q. Have you ever been recognized by the tribal authorities of the Choctaw Nation as a citizen of that Nation? A. No sir. Q. Did you or did anyone for you make application in 1896 to this comission or to the tribal authorities of the Choctaw Nation under the act of Congress of June 10th, 1896? A. No sir. Q. Have you ever prior to this time made application either to this Commission or to the tribal authorities of the Choctaw Nation for either citizenship or enrollment as a Choctaw? A. No sir. Q. Is this your first appearance as an applicant of any kind? A. Yes sir. Q. You claim as a Mississippi Choctaw? A. Yes sir. Q. On what do you base that claim? A. On my mother. Q. Your moher has Choctaw blood in her veins? A. Yes sir. Q. And that is the reason you make the claim you are entitled to identification as a Mississippi Choctaw? A. Yes sir. James Henry Roberts 2 Q. Is there any other basis that you have for your claim? A. No sir. Q. None at all? A. No sir. Q. You make no claim by reason of any of the treaties entered into between the United States and the Choctaw Nation? A. Yes sir, 1830. Q. You do claim under something in addition to the blood of your mother? A. Yes sir, under the treaty of 1830. Q. Under the fourteenth article? A. Yes sir. Q. Did you ever take advantage of the fourteenth article of the treaty of 1830? A. No sir. Q. Did your ancestors ever take advantage of the fourteenth article of the treaty of 1830? A. None that I know of. Q. Did you or your ancestors ever receive lands in Mississippi as beneficiaries under the fourteenth article of the treaty of 1830? A None that I ever heard of. Q. Do you claim under the fifthteenth article of the treaty of 1830? A. No sir. Q. Do you claim under the nineteenth article of the treaty of 1830? A. No sir. Q. Do you claim under the supplement to the treaty of 1830? Yes sir, I suppose I do. Q. What do you claim under the supplement? A. I don't think I understand. Q. Do you know what a supplement is? A. No sir. Q. Have you ever read the treaty of 1830? A. No sir. Q. You don't know what the supplement to the treaty of 1830 is? A. No sir. Q. You have no idea in the world what itrovides? A. No sir. Q. You claim under the supplement to the treaty of 1830? A. Yes sir, under the treaty of 1830. Q. Under the supplement to the treaty of 1830? A. I don't understand what the supplement is, unless it is for the claim that I am maing. Q. Are you married? A. Yes sir. Q. Is your wife living? A. Yes sir. Q. What is her name? A. Emily. Q. Emily Roberts? A. Yes sir. Q. How old is she? A. About 34. Q. Do you make any claim for her? A. No sir. Q. Have you any children? A. Yes sir. Q. How many? A. Eight. Q. Are they under twenty one years of age? A Yes sir. Q. All unmarried? A. Yes sir. Q. What are their names and age? A. the oldest one, Henry. Q. How old is Henry? A. Fourteen years old. Q. What is the name of the next one? A. Julia. Q. How old is she? A. Thirteen. Q. Go ahead. Johnnie, twelve. I(f I don't then I forget. Ida , she's going on eleven. Q. go ahead. A. Nancy Lee. Q. How old? A. She is nine. Q. The next one? A. Elias, Six years old. Q. The next one? A.ashier. Q. How old is he? A. Four. Q. Next? A. O. D. one year. Q. Is that all? A. Yes sir. Q. Are you the father of all these eight children? A. Yes sir. Q. Is Emily Roberts the mother of all of them? A. Yes sir. Q. They all live with you at home? A. Yes sir. James Henry Roberts 3 Q. You stated that you have lived in the Indian Teritory for the last seven months? A. Yes sir. Q. Where did you live prior to that? A. Robertson County, Texas. Q. How long before removing to the Indian Territory did you live in Texas? A. I have been in and out of the Territory but never came to make it my home until about nine months ago. Been right where I live now for about seven months. Q. How long did you live in Texas? A. Born -------- right there. Q. Did you ever live in Mississippi? A. No sir. Q. Did your mother ever live in Mississippi? A. No sir. Q. Through which one of your ancestors then, do you claim this right to indentification as a Mississippi Choctaw? A. Polly Baker. Q. Who is Plly Baker? A. She is the daughter of Eliza and Elisha Baker. Q. Who were they? A. Grand Parents, Eliza Tubbe. Q. Who was Eliza Tubbe? A. She was my parents grandmother. Eliza Tubbe, she was Father Bakers grandmother. Q. You claim that these people --- you state --- your ancestors, claimed to be Mississippi Choctaws? A.Yes sir. Q. Did they ever take advantage of the fourteenth article of the treaty of 1830? A. None that I know of. Q. Is there any additional statement that did desire to make in regards to your application at this time? A. That is all. Q. Are there any papers you desire to file for the consideration of this Commission? A. Yes sir. Certified copy of marriage license and certificate between J. H. Roberts and ---------- Tillis entered in the certificate Emily Tillis, offered in evidence, marked exhibit A, indentified as such, filed and made a part of the records in this case. The affidavit of Melvina Roberts offered in evidence, marked exhibit B, indentified as such, filed and made a part of the record of this case. Attorney for the applicants requests permission to file within two days certified copy of the original patent issued by the United States general land office to Jasper H. Harvey and same is hereby granted. Further permission to file further evidence in the way of affidavits is requested and permission is granted attorney for the applicant to file further written evidence in support of the application within fifteen days from date.he decision of the Commission as to your application for indentification as a Mississippi Choctaw and a claim that you make on behalf of the said eight minors children as Mississippi Choctaws, will be based upon your oral testimony given at this tme and such written evidence as you now desire to submit in furtherence of your claim. The decision of the Commission as to your application and the application on behalf of your children will be mailed to you in writing in the near future at your present postoffice address. Myra Young, being first duly sworn, states that as stenographer to the Commission to the Five Civilized Tribes, she reported the forgoing case and that the above and forgoing is a true, full and correct transcript ofer stenographic notes in thesaid case. Sworn to and subscribed before me this 14th day of August, 1900.