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Miller Application #17101

James Duncan, Maggie Duncan, Lou Duncan and Johnson Duncan

Commissioner Of Indian Affairs 
Washington D. C. 

Sir: I hereby make application for such share 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...DC 27438 - 39 - 40......3/4 blood.

1. State full name..........English name: James Duncan, Maggie Duncan and Lou Duncan and Johnson Duncan by John Bigby, who has their care and custody. 

2. Residence: Texanna, Indian Territory 

3. Town and post office: Texanna 

4. County: Cherokee Nation 

5. State: Indian Territory 

6. Date and place of birth: James, aged 19 years, Maggie aged 17; Lou, 
aged 14 and Johnson, aged 12 years. 

7. By what right do you claim to share? If you claim through more that one relative living in 1851, set forth each claim separately: Thorough their father, who was a full blood Cherokee, and their mother, Kate Duncan (nee Baldridge) who was a descendant of Captain Baldridge, whose name should appear upon the rolls of 1835 taken in the state of Alabama, and who was a full blood Cherokee. 

8. Are you Married? They are not married. 

9. Name and age of wife or husband: ....................blank

10. Father English name Samuel Duncan 

Mother English name Kate Duncan 

11. Where were they born? 

Father: in Delaware District, Cherokee Nation, Ind. Ter. 

Mother in Tahlequah District, Cherokee Nation, Ind. Ter. 

12. Where did they reside in 1851, if living at that time? 

Father: In the Cherokee Nation, Indian Territory 

Mother: In the Cherokee Nation, Indian Territory 

13. Date of Death of your father and mother. 

Father: December 25, 1895 

Mother: about 1898 

14. Were they ever enrolled for annuities, land, or other benefits? If so, state when and where: They were enrolled as citizens of the Cherokee Nation, Indian Territory.

15. Name all your brother and sisters, giving ages and if not living, the date of death. 

1. They are all given above, that are living. 

2. Thomas, Nannie and Will Duncan, brothers and sisters. 

3. Are dead. 

16. State English and Indian names of your grandparents on both father and mother's side if possible: 

Father's Side........................................................Mother's Side 

Cannot give them. I have been told that the grandfather was Will Baldridge. 

17. Where were they born? I do not know but suppose in Alabama. 

18. Where did they reside in 1851, if living at that time? Do not know. 

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

1. English name: Not known. 

20 Have you ever been enrolled for annuities, land, or other benefits? 
If so state when and where: These children have all been enrolled as 
citizens of the Cherokee Nation, Indian Territory, and all have allotments. 

21 To expedite identification, claimants should give the full English and Indian names if possible, of their paternal and maternal ancestors back to 1835: Cannot give any more than is given above. 

REMARKS. 

(Under this head the applicant may give any additional information that he believes will assist in proving his claims.) 

I have raised these children and have the care, custody and control of 
them. 

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

Signature. John Bigby 

Subscribed and sworn to before me this 30th day of January, 1907 

My commission expires August 24th, 1909
A ? Mood 


AFFIDAVIT 

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

Personally appeared before me John M. Taylor Jr. and T. J. Whisenhunt, who being duly sworn, on oath depose and say that they are well acquainted with John Bigby, who makes the foregoing application and statements, and have known him for 10 years and 20 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. 

John Taylor Jr. 

T. J. Whisenhunt 

Subscribed and sworn to before me this 30th day of January 1907 

My commission expires 

August 24, 1909
A ? Mood 


Census Card

James, Maggie, and Lion (Lou) Duncan

DEPARTMENT OF THE INTERIOR
COMMISSION TO THE FIVE CIVILIZED TRIBES,
FORT GIBSON, I.T., AUGUST 31, 1900

John Bigby, being sworn by Commissioner Needles, makes application for the enrollment, as citizens of the Cherokee Nation, of the following named orphans:

James Duncan, 13 years old.

On '96 roll, page 17, number 488

Maggie Duncan, 12 years old.

On '96 roll, page 17, number 489

Lion ( this was spelled wrong on here...should be Lou) Duncan

On '96 roll, page 17, number 490, as Luellen.

Q. Are these children brothers and sisters?...........A Yes

Q. What is the name of their father?............A Sam Duncan

Q. Was he a Cherokee by blood? ...........A Yes, full-blood

Q. He is dead?.............A Yes

Q. What's the name of their mother?............A Kate.

Q. Is she a Cherokee?.............A Yes, full-blood

Q. Are these children alive and living with you?............A Yes.

Q. You know them to be the children of Kate and Sam Duncan?.........A Yes, they raised them and they live in a half a mile of me.

Q. Are you and relation to them?.........A I just got them to raise--no-body else took them.

Sam Duncan on '80 roll, page 14, number 367.

Kate Duncan on '80 roll, page 14, number 367.

The names of James, Maggie and Lion (Lue) Duncan appear upon the census roll of '96. The averment is made that they are the children of Sam and Kate Duncan, Cherokee citizens by blood, now deceased. The names of Sam and Kate Duncan are found upon the roll of '80. Satisfactory proof has been made that the said James, Maggie and Lion (Lou) this was missed spelled on paper)) whose names appear upon the census roll of '96 are the lineal descendants of the said Sam and Kate D uncan. Satisfactory proof has been made as to their residence, and they will be enrolled by this Commission as Cherokee citizens by blood.

The undersigned, being first duly sworn, states that as stenographer to the Commission to the Five Civilized Tribes, he correctly recorded the testimony and proceeding in this case, and that the foregoing is a true and complete transcript of his stenographic notes thereof.

Can't read

Subscribed and sworn to before me this 18th day of September, 1900.

Can't read

Commissioner


Johnson Duncan

DEPARTMENT OF THE INTERIOR,
COMMISSION TO THE FIVE CIVILIZED TRIBES,
MUSKOGEE, I.T. FEBRUARY 20TH 1901

In the matter of the application of Thomas Graves for the enrollment of JOHNSON DUNCAN as a Cherokee citizen; she being sworn before Commissioner T. B Needles, testified as follows:

Q What is your name?…………A Thomas Graves.

Q What is your age? ……….A 47.

Q What is your post office address? ………A Webbers Falls.

Q For whom do you apply for enrollment?……..A Johnson Duncan.

Q How old is he?…….A 4 years old.

Q What is Johnson Duncan’s father’s name?……A Sam Duncan.

Q Is he living?…….A No sir.

Q What is the name of his mother? Katy Duncan.

Q Is she living? ……A No sir.

Upon an examination of the 1880 authenticated roll of the Cherokee Nation, page 14 # 366 there is found the name of Samuel Duncan in Canadian district. On page 14 # 367 appears the name of Katie Duncan in Canadian district.

Upon an examination of the 1896 census roll of the Cherokee Nation there is found the name of Johnson Duncan in Canadian district.

Q Is Johnson Duncan the child of Samuel and Katie Duncan? ….A Yes sir.

Q Living now?…..A Yes sir.

By Com’r Needles.

The name of Johnson Duncan is found on the roll whose names are on the 1880 and he is identified as the child of Samuel and Katie Duncan whose names are on the 1880 authenticated roll of the Cherokee Nation. He is duly identified and makes satisfactory proof as to residence; consequently he will be listed now for enrollment as a Cherokee citizen by blood.

Chas. Von Weise, being sworn states that as stenographer to the Commission to the Five Civilized Tribes he reported in full all the proceedings in the above cause and that foregoing is a full, true and correct transcript of his stenographic notes therein.

Ch????/

Subscribed and sworn to before me this the 21st of February 1901.

???????

Commissioner.


Johnson Duncan

DEPARTMENT OF THE INTERIOR.
COMMISSION TO THE FIVE CIVILIZED TRIBES.
AUXILIARY CHEROKEE LAND OFFICE.

In the matter of the application of Thomas Graves to select an allotment in the Cherokee Nation for Johnson Duncan a minor, Cherokee citizen roll No. 28363, Field Card No. 7336.

Thomas Grzves, citizen, being a sworn, testified as follows:

Examination by the Commission:

Q What is your name? ...A Thomas Graves.

Q What is your post office address? ...A Webbers Falls.

Q What is your age? ...A 52.

Q Are you a citizen of the Cherokee Nation? ...A Yes Sir.

Q By Blood? ...A Yes Sir.

Q Is you object in appearing at the Auxiliary Cherokee Land Office today to select an allotment for Johnson Duncan? ...A Yes Sir.

Q What relation are you to him? ...A None at all.

Q Are his mother and father living? ...A No sir, both dead.

Q Has he any relatives living? ...A He got some little brothers and sisters younger than him but the oldest girl gave me this. He is the oldest brother too.

Q Who does Johnson Duncan make his home with? ...A Me I have had him every since the oldest brother turned him over to me.

Q Where is his oldest brother? ...A Living at Texanna and just a boy younger than him.

Q Has he any sisters older than him? ...A No sir. Two sisters younger than him.

Q How long has he made this home with you? ...A Five years the first day of February.

Q Have you had charge and control of him since that time? ...A Yes Sir.

Q Has anyone ever been appointed guardian for him? ...A No Sir, I have made application for guardianship here, but I have not filled out the bond yet, and I though I had been file for him. I got the land selected for him and thought I had better file for him before it was filed on.

Q Is the land that you desire to have allotted to him under cultivation? ...A Yes sir, about twenty acres.

Q Sufficient land there to make a complete allotment? ...A Yes sir.

Q Does it lie west of the Arkansas river? ...A Yes Sir.

Q In Canadian district? ...A Yes sir.

Q Has anyone ever appeared at either the Vinita or Tahlequah Offices to select an allotment for him? ...A Not that I know of.


WITNESS EXCUSED

Blanch Ashton upon oath states that as stenographer to the Commission to the Five Civilized Tribes she accurately recorded the testimony in the above entitled cause and that the fore going is a correct transcript of her stenographic notes thereof . 

Blanch Ashton

Sworn and subscribed to before me this day of April, 1905.

W. S. ?????


Johnson Duncan

DEPARTMENT OF THE INTERIOR,
COMMISSION TO THE FIVE CIVILIZED TRIBES,
MUSKOGEE, I.T. FEBRUARY 20TH 1901

In the matter of the application of Thomas Graves for the enrollment of JOHNSON DUNCAN as a Cherokee citizen; she being sworn before Commissioner T. B Needles, testified as follows:

Q What is your name?…………A Thomas Graves.

Q What is your age? ……….A 47.

Q What is your post office address? ………A Webbers Falls.

Q For whom do you apply for enrollment?……..A Johnson Duncan.

Q How old is he?…….A 4 years old.

Q What is Johnson Duncan’s father’s name?……A Sam Duncan.

Q Is he living?…….A No sir.

Q What is the name of his mother? Katy Duncan.

Q Is she living? ……A No sir.

Upon an examination of the 1880 authenticated roll of the Cherokee Nation, page 14 # 366 there is found the name of Samuel Duncan in Canadian district. On page 14 # 367 appears the name of Katie Duncan in Canadian district.

Upon an examination of the 1896 census roll of the Cherokee Nation there is found the name of Johnson Duncan in Canadian district.

Q Is Johnson Duncan the child of Samuel and Katie Duncan? ….A Yes sir.

Q Living now?…..A Yes sir.

By Com’r Needles.

The name of Johnson Duncan is found on the roll whose names are on the 1880 and he is identified as the child of Samuel and Katie Duncan whose names are on the 1880 authenticated roll of the Cherokee Nation. He is duly identified and makes satisfactory proof as to residence; consequently he will be listed now for enrollment as a Cherokee citizen by blood.


Chas. Von Weise, being sworn states that as stenographer to the Commission to the Five Civilized Tribes he reported in full all the proceedings in the above cause and that foregoing is a full, true and correct transcript of his stenographic notes therein.

Ch????/

Subscribed and sworn to before me this the 21st of February 1901.

???????

Commissioner.


James, Maggie, and Lion (Lou) Duncan

DEPARTMENT OF THE INTERIOR
COMMISSION TO THE FIVE CIVILIZED TRIBES,
FORT GIBSON, I.T., AUGUST 31, 1900

John Bigby, being sworn by Commissioner Needles, makes application for the enrollment, as citizens of the Cherokee Nation, of the following named orphans:

James Duncan, 13 years old. On '96 roll, page 17, number 488 

Maggie Duncan, 12 years old. On '96 roll, page 17, number 489 
Lion ( this was spelled wrong on here...should be Lou) Duncan 
On '96 roll, page 17, number 490, as Luellen. 

Q. Are these children brothers and sisters?...........A Yes 

Q. What is the name of their father?............A Sam Duncan 

Q. Was he a Cherokee by blood? ...........A Yes, full-blood 

Q. He is dead?.............A Yes 

Q. What's the name of their mother?............A Kate. 

Q. Is she a Cherokee?.............A Yes, full-blood 

Q. Are these children alive and living with you?............A Yes. 

Q. You know them to be the children of Kate and Sam Duncan?.........
A Yes, they raised them and they live in a half a mile of me. 

Q. Are you and relation to them?.........A I just got them to raise--no-body else took them.

Sam Duncan on '80 roll, page 14, number 367. 
Kate Duncan on '80 roll, page 14, number 367.

The names of James, Maggie and Lion(Lue) Duncan appear upon the census roll of '96. The averment is made that they are the children of Sam and Kate Duncan, Cherokee citizens by blood, now deceased. The names of Sam and Kate Duncan are found upon the roll of '80. Satisfactory proof has been made that the said James, Maggie and Lion (Lou) this was missed spelled on paper)) whose names appear upon the census roll of '96 are the lineal descendants of the said Sam and Kate D uncan. Satisfactory proof has been made as to their residence, and they will be enrolled by this Commission as Cherokee citizens by blood.

The undersigned, being first duly sworn, states that as stenographer to the Commission to the Five Civilized Tribes, he correctly recorded the testimony and proceeding in this case, and that the foregoing is a true and complete transcript of his stenographic notes thereof.

Can't read 

Subscribed and sworn to before me this 18th day of September, 1900. 

Can't read 

Commissioner


Submitted by Kenyon Littles Kenyon@sbcglobal.net Dec 2002.


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