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MILLER APPLICATION # 4192

WILLIAM HENRY BYERS

MCKEY, OKLAHOMA

Commissioner of Indian Affairs

Washington, D. C.

Sir:

I hereby make application for such share as me 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-William H. Byers

Indian Name-Chu-dah-la-ner-dah

2. Residence-Illinois District, Cherokee Nation

3.. Town and Post Office-McKey

4.. County-Northern District

5.. State-Indian Territory

6.. Date and Place of Birth-September 25th, 1859 Flint District, Cherokee Nation

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:

Ezekiel Byers as my grandfather; Rachel Byers as my grandmother; and Nicholas (crossed out), George (crossed out), and Joseph as my uncles; Carrie, Betsy (crossed out) and Sally (crossed out) as aunts, Charles Byers are my father; James Byers as my grand uncle; Sarah Grimmet as my half sister. On Ah-sa-kie, Duck, and Old, # 134-Flint District-see under head of remarks-additional.

8.. Are you married? yes

9.. Name and age of wife or husband-Ellen E. Byers. Age about 48 *( Ellen Elizabeth Morris)

10.. Give names of your father and mother, and your mother's name before marriage-

Father- English name-Charles Byers, deceased; Indian name-Chah-le Se-kil-le

Mother- English name-Lizzie or Eliza Byers (Flint # 134); Indian name-Le-see; Maiden name- Harlin

11.. Where were they born? Father-Cherokee Nation East; Mother-Cherokee Nation East-

12.. Where did they reside in 1851, if living at that time? Father-Flint District, Cherokee Nation; Mother-Flint District, Cherokee Nation

13.. Date of death of your father and mother? Father-February 14, 1901; Mother: about 1869

14. Were they ever enrolled for annuities, land, or other benefits? If so, state when and where-

In Flint District, in 1851, then father in 1875, 1880, 1883, 1886, 1894, and before the Dawes Commission in 1900.

15.. Name all your brothers and sisters, giving ages, and if not living, give date of death-

Nick Byers b. about 11 years d. living

Wilson Byers b. about 25 years d. living

Carrie Byers b. about 23 years d. living

Ellen Byers b. about 21 years d. living

Jim Byers b. about 19 years d. living

Lizzie Byers b. about 17 years d. 1902

Nean Byers b. about 13 years d. living

Fannie Byers b. about 15 years d. living

Ranzy Hicks b. about 1867 d. living

16.. State English and Indian name of your grandparents on both father's and mother's side, if possible- Father's Side Mother's Side

Ezekiel Byers Nelson Harlin, white person

Se-kil-le none

Rachel Lucy Harlin

La-chil-le none

17.. Where were they born? Cherokee Nation East

18.. Where did they reside in 1851, if living at that time? In Flint and Goingsnake Districts as far as known

19.. Give names of all their children, and residence, if living; if not living, give dates of deaths

1.. English name-Betsy; Indian name-Nicholas; Residence-Sally

2.. English name-Charles; Indian name-George; Residence-Joseph

3.. English name-Carrie; Indian name- ; Children of Ezekiel Byers, other unknown; Residence-Sarah was child of my mother by a former marriage

15.. Have you ever been enrolled for annuities, land, or other benefits? If so, state when and where- 1875, 1880, 1883, 1886, 1894, and 1900

21. To expedite identification, claimant 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 additional information that he believes will assist in proving his claim).

Ah-sa-kie claimed on herein was my sister Sarah Grimmets grandmother, and the mother of Duck and Old. Duck was the husband of Sarah's mother, Lizy, who appears in Ah-sa-kie's family in Flint District. Then on my mother, Lizy, who was the mother also of Sarah by her marriage to Duck as stated, by a former marriage.

Note: Answers should be brief but explicit: the words 'yes' , 'no', and 'unknown' 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.

Signed:

Subscribed and sworn to before me this 28th day of November, 1906

Signed: J. R. Wofford

Notary Public

AFFIDAVIT

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

Personally appeared before me W. T. Bryan and Sam Johnson , who being duly sworn, on oath depose and say that they are well acquainted with William H. Byers , who makes the foregoing application and statements, and have known him for 10 years and 10 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 his claim.

Witnessess Signatures: W. T. Bryan

Sam Johnson

Subscribed and sworn to before me on this 28th day of November, 1906

J. R. Wofford

notary public

Supplemental Application for Minor Children

Special Commissioner of the Court of Claims,

601 Ouray Building, Washington, D. C.

Sirs,

I hereby make application for such share as may be due my minor children of the fund appropriated by the Act of Congress June 30, 1906, in accordance with the decree of the Court of Claims of May 18, 1905, and May 28, 1906, if favor of the Eastern Cherokee, and I ask that this be made part of my original application

No.4192

1.. State your full name: William H. Byers (Dawes # 2997)

2.. Residence and post office: McKay

3.. County: Northern District

4.. State:Indian Territory

5.. Date and place of birth: Cherokee Nation September 29, 1859

6.. Are you married? yes

7.. Name and age of wife or husband: Ellen E. Byers, 49 years old (Dawes # 2998)

8.. To what tribe of Indians, if any, does he or she belong? Cherokees

9.. Names of all your children who were living on May 28, 1906:

Henry C. Byers 27 years b. January 25, 1880 (MA # 34462, D# 2999)

Eliza C. Byers nee Peck 25 years b. February 19, 1882 (MA # 26299, D# 3000)

Charles W. Byers 20 years b. August 30, 1886 (MA # 3089, D# 3001)

Sarah A. Byers 17 years b. September 29, 1888 (MA # 3089, D# 3002)

Leona M. Byers 15 years b. October 3, 1890 (MA # 3089, D# 3003)

Mary C. Byers 14 years b. December 3, 1892 (MA # 3089, D# 3004)

Offie Byers 10 years b. September 15, 1894 (MA # 3089, D# 3005)

Headstone reads September 15, 1895

Enoch Byers 9 years b. January 17, 1897 (William Enoch Byers

(MA # 3089, D# 3006)

John Byers 7 years b. January 23, 1900 (MA # 3089, D# 3007)

(John W. Byers)

10.. Where they ever enrolled for money, annuities, land, or other benefits? If so state when and were and with what tribe of Indians. For allotments in 1896 by the Dawes Commission in 1894 for strip money ....

REMARKS

(Under this head the applicant may give any additional facts which will assist in proving his claim.)

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

(Signature) William H. Byers

Subscribed and sworn to before me this 22nd day of June, 1907

James T. Denton

Notary Public

 


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