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Transcript of Martha Albert's testimony for herself, Elijah, and Ida
Department of the Interior,
Commission to the Five Civilized Tribes,
Ft. Gibson, I T., April 10, 1901.
In the matter of the application of Martha Albert for the en-
rollment of herself and two children as Cherokee Freedmen; being
sworn and examined by Commissioner Needles, she testified as follows
Q.What is your name? A. Martha Albert.
Q. How old are you? A. About 54 or 5 years old.
Q. What is your post-office address? A. Melvin.
Q. What district do you live in? A. I live in Tahlequah District
now; but I have been living in Sequoyah.
Q. Do you apply to be enrolled as a Cherokee Freedman? A. Yes sir.
Q. Did you ever apply to be enrolled as a Freedman of any other
tribe or nation? A No sir.
Q. Have you been recognized by the Cherokee authorities as a Freed-
man? A. Yes sir.
Q. Is your name on the authenticated roll of 1880? A. I don't know.
Q. Who do you want to enroll besides yourself? A. I have got two
children.
Q. What are the names of your children? A. Elijah Albert, 19
years old. Ida Albert, 10 years old.
Q. Are you married? A. Yes sir.
Q. What is your husband's name? A Holly Albert.
Q. Is he a citizen? A. Well, he has been raised by them.
Q. Is he living? A. Yes sir.
Q. Where is he? A. He is down town.
Q. Were you a slave? A. Yes sir.
Q. What was your owner's name? A. Johnson Whitmire.
Q. Where were you at the beginning of the war between the Con-
federacy and the United States? A. Goingsnake.
Q. Were you taken out of the nation during the war? A. Far as Red
River.
Q. This side or the other side of Red River? A. This side.
Q. When did you come back? A. In '66.
Q. You have been living down here ever since '66? A. Yes sir.
Q. What was your name before you were married? A. I went by my
owner's name, Martha Whitmire; I always goes by the name of Mat now.
Q. Your name though is Martha? A. Yes sir.
Q. Have you ever lived in Cooweescoowee District? A. No sir.
Q. What is the reason your name aint on the roll of 1880? A. I
don't know; you know how ignorant people was, didn't know how to
go at such business.
Q. You say you were a slave of Johnson Whitmire? A. Yes sir.
Q. And that you came back to the Cherokee Nation in '66? A. Yes sir.
Q. You sure it was '66? A. Yes sir.
Q. You think it was't '76? A. No sir, '66.
Q. You wasn’t here in '65? A. No sir.
Examined by Cherokee Representative, James Davenport:
Q. Who did you come back to the Cherokee Nation with when you came
back? A. With Ellis Harlin.
Q. Where did you go first when you came back? A. I stopped right
down on the Cale Starr place where the Cherokee Junction is now.
Q. Stopped on the Arkansas side didn’t you? A. No sir, I didn't.
Q. How long did you live in Ft. Smith? A. Never lived in Ft. Smith
any.
Q. How long did you stay there? A. I staid there 2 years, and then
went to Lee's Creek.
Q. Who did you live with there? A. Cherokee family there, named
Allison, and Mrs. Franklin and all of them.
Martha Albert et al 2
Q. Where was Hickory Starr living at that time? A. In Flint.
Q. You didn't go up to Flint? A. No sir.
Q. Well, did you go to Goingsnake District? A. No sir.
Q. You just went to Sequoyah District and remained there? A. Yes
sir.
Examined by Commissioner Needles:
Q. Have you got anybody here that knows you and kows you were
here in '66? A. Yes sir, Mandy Benton and John Melton.
JOHN MELTON, being sworn and examined by Commissioner
Needles, testified as follows:
Q. What is your name? A. John Melton.
Q. How old are you? A. 64.
Q. What is your post-office address? A. Benge.
Q. Are you a Cherokee Freedman? A. Yes sir.
Q. Have you always lived in the Cherokee Nation? A. Yes sir.
Q. You know Mattie Albert? A. Yes sir.
Q. Was she a slave during the war or before the war? A. I don't
know.
Q. When did you first know her? A. About '67, early in '67; I saw
her husband in '66 sometime, and had a talk with him; he said he
found her at the Harlin place; I often heard talk of them being
down there, but I never see them for a few months after.
Q. When did you first see her? A. Early in '67.
Q. Early as January? A. No sir.
Q. Sometime in the spring? A. Yes sir, along in the spring.
Examined by Cherokee Representative, James Davenport:
Q. You don’t remember what time in '67 you saw her? A. No sir, not
exactly.
Q. You don't know where they were during the war? A. No sir.
MANDY BENTON, being sworn and examined by Commissioner
Needles, testified as follows:
Q. What is your name? A. Mandy Benton.
Q. How old are you? Mandy? A. About 70.
Q. What is your post-office? A. Benge.
Q. You are a Cherokee Freedman are you? A. Yes sir.
Q. You know Mattie Albert? A. I have been knowing her ever since
the surrender.
Q. You know where she was at the close of the war between the
Confederacy and the United States? A. I don’t think I do.
Q. Where did you first get acquainted with her? A. On the Harlin
place.
Q. What year was that? A '66.
Q. Was she there in '66? A. Yes sir.
Q. You know whether she had been a slave or not? A. Yes sir, she
was a slave.
Q. You know who her owner was? A. Whitmire.
Examined by Cherokee Representative, James Davenport:
Q. What makes you remember that it was in '66 when you first got
acquainted with her? A. Well, just by paying attention to others
talking I reckon, and knowing it was that time.
Q. How long after the surrender was it you got acquainted with her?
A. Well, really I don't know.
Martha Albert et al 3
Q. Was it two years or three years? A. It might have been a year and
maybe not so long; I don't remember.
Q. Where was she living when you got acquainted with her? A. At
the Harlin place.
Q. Where is the Harlin place, I don't know Mandy? A. It is in
Sequoyah.
Q. With whom was she living at that time? A. With her husband and
her children.
Q. How many children had she? A. I don't know how many children
she had.
Q. How far were you living from where she was living at that time?
A. I guess it's about very near two miles.
Q. You remember any of the Cherokee families living in that lo-
cality where she was living? A. No.
Q. You don't remember anything about it except it was in ‘66 you
got acquainted with her? A. Emma Harlin was living there then I
think, if I mistake not.
Q. Was Cale Starr living there? A. I don’t know—I remember—
Q. You know Cale Starr? A Yes sir. I would like to get it
straight; I tell you I have had so much trouble since that time
I don't remember.
Q. You don't know whether it was '66 or '76? A. It was ‘66.
Examined by Cherokee Representative, W. W. Hastings:
Q. It was before the treaty was it aunty that you got acquainted
with her? A. I guess it was.
Q. Now, aunty, you don't know anything about years do you? A. I
forget them.
Q.You didn't know anything about years then did you? A. Oh I guess
I was here; I know a little something about it.
Q. What year is this? A. Now I disremember.
Examined by Commissioner Needles:
Q. You are pretty positive though that you saw this woman in
'66? A. I sure is.
1880 authenticated roll of citizens of the Cherokee Nation
examined and applicant not identified thereon.
1896 census roll of citizens of the Cherokee Nation examined
and applicant not identified thereon.
Kerns-Clifton pay roll of citizens of the Cherokee Nation
examined and applicants identified thereon as follows:
page 159 #3934 Mattie Albert Sequoyah District;
page 159 #3936 Elijah Albert, Sequoyah District;
page 159 #3937 Ida Albert, Sequoyah District.
Q. Have these children always lived in the Cherokee Nation?
A. Born and raised here.
Com'r Needles: The name of Mattie Albert and her
children, Elijah and Ida are found upon the Kerns-Clifton
roll; their names do not appear upon the authenticated roll of
1880 nor the census roll of 1896; they are duly identified;
now comes the Cherokee Nation, and protests against their
enrollment, consequently, final judgment will be suspended as
to the enrollment of said Mattie and her children and their
names will be placed upon a doubtful card.
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Martha Albert et al 4
M. D. Green, being first duly sworn, states that as stenographer to the
Commission to the Five Civilized Tribes he correctly recorded the
testimony and proceedings in this case and that the foregoing is a
true and complete transcript of his stenographic notes thereof.
[signature]
Subscribed and sworn to before me this April 24, 1901.
[signature]
Commissioner.