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Ft. Gibson Post

Vol III No 47

Thursday October 6, 1898 (Part 1)

Abstracted / Transcribed by Linda Haas Davenport

When the print is so faded that it cannot be read <.....> will be used . All transcription will be as found in the paper, misspellings and all

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Page 1, column 1

     The Cherokees Highly Complimented
     by Judge Thomas
           The Court Docket At Tahlequah
           Entirely Cleared for the First Time
           List of Civil Business
Tahlequah, IT, Oct 4 -
     Fall term of the Federal court at Tahlequah, presided over by Judge Thomas, closed a lengthy and important session last Saturday, the 1st inst., both civil and criminal dockets being cleared for the first time. Just previous to closing of court Judge Thomas took occasion to compliment the petit jurors upon their good deportment, faithful and intelligent performance of their duty, and incidentally mentioning the fact that nearly all of them were Cherokees by blood, whereupon the bar through their spokesman, attorney Pitchford of Tahlequah, briefly and appropriately announced their high appreciation of the able manner in which the Judge had disposed of the business before the court. Having cleared the docket court adjourned until next regular term, April 1899. The following are the balance of cases disposed of:
     Townley Dry Goods Co vs Wm Ballard et al. Judgement for plaintiff, $23,200.
     Mary E Coody vs W R Sartin. Demurer sustained and leave to file amended complaint.
     Brown Hitchcock vs Wm Gibbons. Demurer sustained and leave to file amended complaint.
     J H Keller vs H G Wood, Judgement against defendant for costs.
     Wilson O Burton vs Tom Petes. Jury returned verdict under direction of court for defendant.
     Charles Harris vs Wilson O Bruton. Judgement against plaintiff. Appeal granted plaintiff.
     Bell Rush et al vs Johnson Thompson. Demurer sustained, plaintiff appeal and allowed 60 days in which to complete appeal.
     R F Wyly vs Jacob Young et al. By agreement of parties case was transfered to Wagoner.
     C D Markham, agent vs Dan Timmons et al. By agreement of parties case was transfered to Wagoner.
     Rich M Wolf vs Suak Miller et al. Plaintiff dismissed suit at his cost.
     Jacob Harles vs Thomas Welch. Judgement for plaintiff.
     C D Markham vs Sam Ruter. By agreement transfered to equity docket and consolidated with case 185, J P Buster appointed special master.
     C D Markham vs Sam Ruter. Motion of defendant to dismiss, Appeal sustained.
     J Foster & Co vs J R Allison & Son. Dismissed
     Berry & Echols vs J R Allison. Dismissed.
     Hugh M Morris vs William Troglin et al. Judgement for plaintiff.
     Maria L Wood et al vs Henry G Wood. Judgement for defendant.
     Thomas Roach vs Silas Timmons et al. Judgement for defendant.
     Shelton Bros. vs J L Walker. Judgement for plaintiff.
     G W Baker et al vs T P Wolfe. Judgement for plaintiff.
     J M Smith vs Wm P Thompson et al. Continued by agreement.
     R T Phillips vs J N McBroom. Dismissed at plaintiff's cost.
     Martin Hopper vs S A Brown et al. Judgement for plaintiff.
     Posey F Buckner vs James Thompson. Judgement for plaintiff.
     Henry C Barnes vs Joel L Bryan et al. Continued
     J R Allison & Son vs J W Overstreet et al. By agreement of parties case was trasfered to Wagoner.
     Benjamin G Holland vs Austin McSane. Judgement for plaintiff.
     T C Chance vs Morgan Berry and Beny Rich. Judgement for defendant.
     Addie Boudinot vs W P Boudinot.
     Page 1, column 2
     Dismissed on defendant's motion. Plaintiff granted appeal to U S Court of appeals, Ind. Ter.
     J J Kelly vs M E Grant. Dismissed for failure to pay costs.
     United States vs Jas M Johnson et al. Dismissed by plaintiff.
     G W Baker vs H G Woods. Judgement for $5 against defendant.
     W T Richards vs R M Danenberg. Settled by agreement.
     J P Southerland vs Robert Sanders. Judgement for two mules and $144 damages in favor of defendant.
     W W Kendall Shoe Co vs D W Leerskor. Judgement for interpleader, Rachael Terrill, $356.18.
     J Foster & Co vs Johnson Thompson. Petition overruled.
     Henry C Barnes vs Joel L Baugh. Continued by agreement.
     Robert C Fuller vs Shibly Wood Grocery Co. Continued by agreement.
     F M Wilson vs B G Fletcher et al. Continued by agreement.
     C D Markham vs Samuel Butler. By agreement consolidated with case 224.
     Joles Studevant vs Thomas Spencer. Dismissed for want of prosecution.
     Ed W Ratcliffe vs T D Welsh sr. et al. Transfered to Wagoner.
     John Caville vs Jeff Paden et al. Continued by agreement.
     C D Markham, agent vs Luther Powers et al. Dismissed by plaintiff at his cost
     J P Willis vs H H Witherspoon. Defendant defaults.
     Alice C Bryan et al vs Jas Trott et al. Dismissed, judgement rendered plaintiff for costs.
     James Oates vs Frances Ellis. Dismissed by plaintiff.
     Christiar A Freman vs Addie Boudinot. Dismissed at cost of plaintiff.
     Hugh Simpson vs Wm Howard et al. By agreement transfered to Wagoner.
     Value & Copeland vs Bates & Bates. Dismissed for want of prosecution.
     Oates Spencer vs Walter Baves. Continued by agreement.
     Blank Bros Candy Co vs M L Payne. Judgement for defendant.
     Eugene Witt et al vs R L Bracket et al. Verdict for plaintiff.
     Chicago Cottage Organ Co vs Mrs J A Reid. Verdict for defendant and $65 damages.
     J Foster & Co vs Baily & Co., attachment. Judgement for plaintiff.

     That would be "bad man" known by the big sounding name of "White Lightening" has got into the toils of the city court again. With two companions about as wild as himself this untamed son of the prairie had turned himself loose among some of the denizens of oldtown last Saturday evening, and the trio were having things about their own way till Assistant Marshal Chas Austin arrived on the scene, when Lightening was captured after a chase and a fight and lodged in the city lock-up, his companions making good their escape. Next morning Lightening was gone, having broke jail, undoubtedly by outside assistance. Marshall George Perry go on his track and on Monday arrested him north of town while picking cotton in fancied security, having been told that town officers had no jurisdiction outside the corporation. He knows different now. - He gave bail for trial before Mayor Shaffer next Saturday.

     Everybody is talking about Ringling Bros.' famous big circus, which is to exhibit in Muskogee next Thursday, Oct 13. Several big excursions will go from this vicinity and the popularity of the show will insure an enormous crowd. People from this locality should make an especial effort to arrive in time to see the new free street carnival which precedes the exhibition every morning at 10 o'clock. The leading newspapers everywhere declare the street parade to be the most magnificent display ever seen in any city in the world. In this gorgeous display are shown over 100 dens and cages of wild animals, 400 horses, 25 elephants and nearly a thousand people, and the costumes throughout are of the finest silks, satins, velvet and cloth of gold. The performance that follows is the magnificent arenic display present by any circus in America.

Page 1, column 3

     Butler Mercantile Co's Gin
     Running Day and Night.
           Cotton Coming in at a Lively Rate
           and Fort Gibson Merchants
           Paying Highest Prices for it.
     Business is moving along at a lively rate at the Butler Mercantile Co's big gin these autumn days. Two crews are keeping the gin-stands singing, day and night, and a big bale of cotton is being rolled from the press every thirty minutes. During the day the cotton house is crowded with dozens of cotton wagons waiting their turn to unload, and often it is along in the night before the last ones are through.
     Never in the history of this gin has it done better work than it is now doing, nor never has it had such a splendid run of work to do. It gins out the finest sample and the most from the seed of any cotton gin in the Indian Territory. Manager J D Harmon, an expert gin man who is now in charge of this gin, says it is one of the best gins he has ever superintended. Its fame has gone forth and cotton is coming in from all directions for many miles around.
     Another gratifying fact is that the merchants of Fort Gibson are this season buying the cotton and paying as much or more for it than is being paid at Muskogee or Wagoner, and besides they do not cheat the farmers in weights, like Muskogee has the reputation of doing.

Page 1, column 4

     The Colored Baptist Association which has been in session in Eufaula since Wednesday of last week, closed Sunday night with the best meeting of the association. It was a good association in every respect and a large number of delegates from different parts of the Territory were present, large crowds having attended day and night, including many white people. They report excellent meetings and highly complement the sermons. - Eufaula Journal

     Governor Johnson Talks to
     The Tribal Legislature
Ardmore, IT, Oct 3 -
     Gov D H Johnson, of the Chickasaw nation in his message to the legislature recently assembled at Tishomingo, made some pertinent and enlightened suggestions. He urged a memmorial to Congress to open some channel by which the interest on the Chickasaw track fund could be paid. The Governor quoted law and history to show that the freedmen are not members of the tribe, though it has been the intention and the effort of the tribe for many years to adopt them. He urges that Congress be asked to pass a law settling the vexed question forever.
     In conclusion he congratulates his people on their happy condition and prospects compared with thousands of homeless people in the United States.

If reports be true sent out from the Chickasaw nation some of the best known Chickasaws are having some difficulty in establishing their claims to citizenship. The McLish family, for instance, has even by the United States government been recognized as belonging to that tribe by various acts of congress, and has in several instances specifically "nominated in the bond" that a particular John McLish was then and there a Chickasaw. The pedigree of the Chuzziewit family would not be sufficient these days to establish a claim to name or property. - McAlester Capital

The Dawes commission, according to their own statements, and also according to the opinion of a considerable number of the attorneys at this bar, is acting as a court of the last resort in the settlement of citizenship cases. They and the attorneys both claim that when the commission has made a roll of a nation and had it approved by the secretary of the interior, that there is no power by which an Indian, who has been left off by the commission, can get his name on the roll. - Indianolia Herald

Governor Pingree of Michigan has been nominated by acclamation. Even the machine and corporation Republicans who so strenuously opposed him two years ago, declared for him, after calling him ararchist, socialist and general abuse. Pingree will yet be President. He is a man of the people.

It is said that there is a distillery to be established high up on the headwaters of Grand river. And the Wagoner papers have forgotten to mention it as one of the inducements Wagoner offers in getting water from that famous stream. - Muskogee Phoenix

Ft Gibson is to have a monument erected to honor the "Rough Riders." It will be in the National Cemetery and built by private subscription. Chelsa Review

Subscribe for your local newspaper. Remember it is doing more for the town and community than any other.

Page 1, column 5

     Has Closed its Work in the
     Chickasaw Nation.
Ardmore, IT, Sept 30 -
     Work of the Dawes Commission in the Chickasaw Nation was brought to a close yesterday. The work of enrolling has progressed steadily every day during the week and very little trouble has occurred to mar the proceedings. The commissioners and their clerks are all well pleased with their week's run.
     Probably the heads of about a dozen families have, during the week, been put in the doubtful basket, yet even they have a ray of hope.
     The enrollment at Ardmore for the week consists as follows: Chickasaw and Choctaw freedmen, 1,100; court people, 1,209; Chickasaw and Choctaw Indians, 1,000; making a total of 3,309.
     The number enrolled at Stonewall was: Chickasaws, 1,297; Choctaws, 233; Chickasaw freedmen, 617; Choctaw freedmen, 65; court people 95; making a total at Stonewall of 2,307.
     The number enrolled at Pauls Valley was; Chickasaws, 452, Chocktaws, 482, Chickasaw freedmen, 1,176; Choctaw freedmen 146; court people, 298; making a total at Pauls Valley of 2,554, or a grand total in the Chickasaw nation, at the above three points of 8,170.

     The "intruders" got little consolation from this term of the United States court. Judge Thomas has the courage of his convictions and decided, despite the Curtis law, that all intruder places legally sold in accordance with Cherokee laws prior to the passage of this act of congress could be sued for by the respective purchasers; that the purchasers had a vested right in them of which they could not be divested by an act of congress. Inasmuch as most of these places were sold prior to the passage of this act the purchasers have the right to institute suit for the places purchased. The intruder after all was not benefitted by this law, and Watts influence is decidedly waning, for all of which let us reverently return thanks. - Indian Sentinel.

Pages 2 & 3 preprinted

Page 4, column 1


Grove has a newspaper called The Times, which made its first appearance last week and is the smallest in this Territory.

When the Curtis law takes full effect in regard to townsites, there will be lively times and a big building boom in this Territory. A great change is not far distant.

The enterprising town of Sallisaw has a new paper called the Gazette, which fills a "long-felt want." Old "gags" and almanac jokes may pass occasionally, but are poor substitutes for editorials.

The Federal court now in session at Vinita bids fair to cause as much consternation and demoralization among the liquor vendors there as there are among the hop ale fraternity at Tahlequah.

Webber Falls is to be incorporated under the Arkansas laws and be prepared to take advantage of the Curtis law. That town is surrounded by a fine farming country, and being on the Arkansas river has lots of water and other natural advantages.

It appears that most of the petit jurors at Tahlequah during the recent term of the Federal court at that place were Cherokees by blood, and were highly complimented by Judge Thomas for manly deportment and faithful performance of their duty, all of which is gratifying as showing that whites and Indians here can live together in harmony, and that the Indians are capable and willing to do their part.

Hon Robert Ross, of Tahlequah, was in Fort Gibson one day last week when a representative of The Post had a talk with him on Indian matters. He said that while the Curtis law was unjust towards the Indians as a whole, it contained some good features, by settling the intruder and land monopoly questions. All he asks is that the Indians be dealt with in a fair and equitable manner, and that the US Government carry out its promises and obligations.

The Fort Smith News Record is urging the necessity of more manufacturies for the Border city, and very aptly says that no town nor city can grow and prosper without manufacturing establishments. This applies to Fort Gibson which has 40,000 horse power in Grand river, yet undeveloped which is capable of running manufactures of different kinds, employing hundreds of men. When this great power is developed and utilized, then Fort Gibson will grow and prosper. That time is coming.

Ardmore claims to be the largest town in the Indian Territory, with best future prospect. Several other growing and prosperous towns that claim first and second place - South McAlester, Muskogee, Purcell, Vinita and Wagoner. Fort Gibson is behind at present, but has greater natural advantages than any other, (a fact not disputed) and is coming to the front in the near future. Here is the finest stream in this Territory with 40,000 horse power, undeveloped, at our doors. Set this to work and hundreds of men will find employment here. This is coming in the near future.

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