McCurtain Co. OK - Miscellaneous: Malinda (Labor) Dyer USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. Submitted by: Cindy Young CindyYoung@aol.com ------------------------------------------------------------------------- Department of the Interior Commission to the Five Civilized Tribes Muskogee, Indian Territory, February 18, 1902 -------------------------------------------------- In the matter of the application for enrollment as a citizen by intermarriage of the Choctaw Nation of Malinda Dyer. -------------------------------------------------- Malinda Dyer being first duly sworn, testified as follows: Examination by the Commission: Q. What is your name? A. Malinda Q. Malinda what? A. Malinda Dyer Q. How old are you? A. Forty years old Q. What is your post office address? A. Eagletown Q. That is in the Choctaw Nation? A. Yes sir Q. How long have you lived in the Choctaw Nation? A. All my life Q. Were you born there? A. Yes sir Q. Never lived anywhere else? A. I lived in Arkansas a while when I was a small child. Q. Was you born in Arkansas? A. Born in the Nation - in the Indian Territory Q. What is your father's name? A. William Labor Q. How do you spell his last name? A. L-a-b-o-r Q. Is your father living? A. No sir Q. What is your mother's name? A. Mother's name, I don't remember only just her given name Q. What was her given name? A. Preeca Q. Do you know how to spell that? A. No sir Q. She was the wife of William Labor? A. Yes sir Q. Then her name was Preeca Labor? A. Yes sir Q. Is she living? A. No sir Q. Did your father and mother have any Indian blood? A. I can't tell about that Q. Was your father a citizen of the Choctaw Nation by blood? A. No sir, not by blood, father was a Spaniard Q. What was your mother? A. She was part Spaniard, and part Mexican; I think that's the way of it Q. Do you know where your father and mother were born? A. No sir, I don't Q. Do you know when they came to the Choctaw Nation? A. No sir; I don't know when they came to the Choctaw Nation Q. Were they ever recognized as citizens by blood of any tribe of Indians that you know of? A. Not that I know of Q. How were they generally considered in the Choctaw Nation; did the people there in the Nation look upon them as Indians or white people? A. Why, they went with the Indians I suppose Q. I mean did the Indians look upon your mother and father as Indians by blood and consider that they had Indian blood, or did they consider them as white people. A. They considered them as white people I suppose. Q. Were your mother and father ever enrolled or did they ever draw any money as members of any tribe or Indians that you knew of? A. Not that I know of. Q. Do you know when they came to the Choctaw Nation? A. No sir I don't Q. Do you know where they came from to the Choctaw Nation? A. As well as I can remember, father said he came from Spain. Q. Came from Spain? A. Yes sir. Q. Where did your mother come from? A. Came with him Q. With him from Spain? A. Came with him from where he came from, is all I remember about it. Q. Do you know whether they were from Mexico or Spain to the Choctaw Nation? A. I have heard him say he was from Spain. Q. Did you ever hear any reason why they came to the Choctaw Nation? A. Yes sir Q. Why? A. Well, he followed mining and he was with the company that was miners and he just left his country that way, digging mines. Q. And came to America? A. Yes sir Q. And came out to the Choctaw Nation? A. Yes sir Q. Was he a coal miner? What was he doing when he came to the Choctaw Nation? A. I can't tell you about that Q. Do you know whether your mother and father were ever naturalized citizens of the United States? A. No sir I don't Q. Did you ever hear him say--your father say whether he was a citizen of Spain or the United States? A. No sir, I don't know. Q. You were born in the Choctaw Nation? A. Yes sir. That's what I've been told Q. You have absolutely no Choctaw blood? A. Not that I know of. Q. Your parents nor you have never had any rights to citizenship by blood in any tribe of Indians? A. I don't know Q. You would know if you had had any rights -- ever paid you any money or ever considered you as a citizen by blood? A. No sir, I never have drawed money. My husband can answer more about that that I can Q. You are making application now as a citizen by intermarriage of the Choctaw Nation? A. Yes sir Q. You claim no rights as a citizen by blood? A. No sir Q. What is the name of your Choctaw husband? A. James Dyer Q. He is a full blood Choctaw? A. I can't tell you whether he's a full blood or not Q. What county in the Choctaw Nation does he belong to? A. Eagle County The name of James Dyer, sixty one years of age, a full blood Choctaw Indian of Eagle County, Choctaw Nation appears upon the records of the Commission on Choctaw roll card, field number 537, having been so listed on April 19, 1899, the name of the applicant having been identified from the 1895 census roll of the Choctaw Nation as a resident of Eagle County. Q. When was you married to James Dyer? A. Twenty-six years ago last December, I think, as well as I can remember. Q. How old were you when you married? A. I was somewhere about fourteen; that's just kind of guess work that I'm telling you now. I have the marriage certificate here to show. Q. Who married you? A. Elijah Brewer There is offered in evidence, filed and made a part of the record in this application a certified copy of the certificate of Elijah Brewer as to the marriage of James Dyer and Malinda Labor on the 22nd day of December, 1874. Q. You have lived with James Dyer in the Choctaw Nation ever since you married him in 1874? A. Yes sir Q. Never separated or been divorced since the time you were married - always lived together as man and wife? A. Yes sir, never been divorced. Q. Was he ever married to any other woman before he married you? A. Yes sir Q. Who was he married to? A. He was married to three other women before he married me. Q. At the time he married you had he been divorced from these other woman or were they dead? A. They were dead. Q. He had no living wife to whom he was legally married at the time you were married to him? A. No sir Q. Since the time you married James Dyer have you always been recognized and enrolled by the Choctaw tribal authorities as a citizen -- do you understand that question? A. No sir Q. You married James Dyer in 1874? A. Yes sir Q. Now since that time, during the past twenty-six or seven years that you have resided in the Choctaw Nation as the wife of James Dyer, has your rights as an intermarried citizen of the Choctaw Nation ever been questioned - has anybody ever said you were not entitled to enrollment? A. No sir Q. You have always been enrolled - been on the rolls have you? A. I suppose so; but I never did draw any money Q. It wasn't customary for the intermarried citizens to draw money was it? A. No The name of this applicant, Malinda Dyer, appears upon the 1896 census roll of the citizens of the Choctaw Nation page 485, number 14469, where her age is given as thirty-eight and as a resident of Eagle County, being included in the list of intermarried citizens of the Choctaw Nation. A. This is the first time I have ever been asked any questions - been before any of the commissions. Applicant excused. James Dyer being first duly sworn as a witness on behalf of the applicant, testifies as follows: Examination by the Commission Q. What is your name? A. James Dyer Q. How old are you? A. The last time -- I was sixty-four years of age. Q. What is your post office address? A. Eagletown Q. You are a citizen of the Choctaw Nation? A. Yes sir Q. A citizen by blood? A. Yes sir Q. You are a full blood Choctaw? A. Yes sir I am supposed to be. Q. Are you the husband of Malinda Dyer this applicant? A. Yes sir Q. When were you married to her? A. 1874 - 22nd of December. Q. At the time you married her you had no other living wife to whom you was legally married and from whom you had not been divorced? A. No sir. Q. How many times have you been married before you married her? A. This is the fourth time. Q. The other three died? A. Yes sir Q. They were all dead at the time you married your wife Malinda? A. Yes sir Q. Since the time you married her in 1874 you have lived with her continuously as man and wife? A. Yes sir Q. Never been any question as to her citizenship as an intermarried citizen of the Choctaw Nation? A. Not at all. Never has been. Q. Did you ever hear her rights as an intermarried citizen questioned by the tribal authorities? A. No sir Q. She was never recognized as a citizen by blood? A. No sir Q. Did you ever hear whether she was ever recognized as a citizen by blood of any other tribe? A. I never heard. Q. You are about twenty three or four years older than your wife are you not? A. Yes sir Q. Do you remember her father and mother? A. Yes sir Q. When did they come to the Choctaw Nation? A. Really I don't know exactly when they come but they come here and he was a miner and he raised his children in the Choctaw Nation. Q. Do you know where he come from? A. His father's from Spain and I believe his mother's from there. Q. Is that William Labor and Preeca Labor the father and mother of Malinda? A. Yes sir Q. Did they speak the Spanish language? A. Yes sir; they generally used the English language most. Q. How long have they been in the United States until they came to the Choctaw Nation? A. I don't know for sure; they came from Spain to Mexico and from there to this country. Q. Malinda Dyer is the mother of your children? A. Yes sir, what's enrolled. Witness excused. Clara Mitchell Weed being first duly sworn states that as stenographer for the Commission to the Five Civilized Tribes she reported the proceedings had in the above entitled cause on the 18th day of February 1902...incomplete