Miller Application #16243
Mary Ann Tyner Hibbs
Commissioner of Indian Affairs
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, 1906 and May 28, 1906 in favor of the Eastern Cherokees. The evidence of identity is herewith subjoined.
1. State full Name
English name: Mary A. Hibbs
Indian name: Unknown
2. Residence Contralia, Indian Terrirory
3. Town and post office:
6. Date and place of birth: May 1853 Missouri
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:
My uncle Jesse L. Tyner---
Great Grand Father Demsy Tyner ---
My Grand Father Lewis Tyner
Jack Tyner my uncle got killed in the late civil war.
8. Are you married? yes
9. Name and age of wife or husband: James A. Hibbs age 49
10. Give names of your father and mother, and your mother's name before marriage:
English name: Hiram Tyner
Indian Name: unknown
English Name Martha Tyner
Maiden Name Martha Latty
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?
13 Date of death of your father and mother
14. Were they ever enrolled .........:
Dempsy Tyner was on the 1851 roll and I think all were on the eastern Cherokee rolls
15. Name all of your brothers and sisters, giving ages, and residence if possible:
(1) Rubin Tyner Dead
(2) John W.Tyner Campbell Ind. Ter.
(3) Lewis C.Tyner Wauhillau Ind. Ter.
(4) Fannie Hare Campbell Ind. Ter.
(5) Martha Smith Campbell Ind. Ter.
(6) Jefferson Tyner Miles Ind. Ter.
Angeline Ore Campbell Ind. Ter.
16. State English and Indian names of your grandparents on both father's and mother's side if possible:
Mary Tyner Nee Johnson
Sarah Latty Nee Scott
17. Where were they born?
Cherokee Nation East
18. Where did they reside in 1851 if living at that time?
Cherokee Nation East
19. Give names of all their children, and residence, if possible:
(1) English Name: John Tyner died 1899
Indian Name : Jesse L. Tyner " 1898
Residence: Lewis Tyner " 1883
(2) English Name Jack Tyner " 1884
Indian Name: Biddie Sivley " 1873
Residence: Mary Hibbs living
(3) English Name Fannie Kirksey Living
(4) English Name
(5) English Name
20. Have you ever been enrolled of annuities, land or other benefits? If so state where and with what tribe Have never had my citizenship fully established allotment
21. To assist in identification, claimant should give the full English and Indian names, if possible of their parents and grandparents backto 1835:
Dempsy Tyner great grand father
Great grand uncle James Tyner
(Under this head the applicant may give additional information that he believes will assist in proving his claims)
my father moved to the Cherokee Nation in 1850 and then moved to Mo and in 1875 I came to the Cherokee Nation but my citizenship was denied until 1897 when the U S Courts granted me citizenship.
Note - Answers should be brief but explicit: the words "Yes" "No" "Unknown", etc, 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.
Signature Mary A. Hibbs
Subscribed and sworn to before me this 31 day of Dec, 1906.
My commission expires Mar. 9th 1910
(the following affidavit must be sworn to by two or more witnesses who are well acquainted with the applicant;)
Personally appeared before me W. M. Chambers and Josie Chambers who being duly sworn, on oath depose and say they are well acquainted with Mary A. Hibbs who makes the foregoing application and statements, and have known her for 34 and 4 years respectively, and know her to be the identical person she represents herself 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 her claim.
Witness to mark Signature of witnesses
W. M. Chambers
Subscribed and sworn to before me this 31 day of Dec, 1906
My commission expires March 9, 1910
WILLIAM W. WRIGHT
Formerly with the Dawes Commission
Washington Loan and Trust Building
Washington, D. C.
Nov. 18, 1908
Hon. Guion Miller,
In re. No. 16243, Mary A. Hibbs
For your information as follows:
Applicant seems to claim through Dempsy Tyner, great grandfather, who was on all the old Cherokee rolls and was used as a interpreter in the Cherokee language. It appears that this claimant made application for citizenship before the Dawes Commission under the Act of June 10, 1886 and an appeal taken to the United states Court. Probably the Master's report in that case, if obtainable, might throw some information upon the subject.
(signed) W. W. Wright
No. 16243 Action Admitted
Name Mary A. Hibbs and children.
Residence: Centralia, Okla
Reasons: Applicant is a cousin of Fannie Cummings and claims thru the same source.
March the 2, 1808
Mrs. Mary Hibbs
Dear Sister I will try to answer your letter. This leaves our all well. I wish you all the same. Now Mary your father lived in Missouri in 1851. Our folks went to Missouri in 49 or 50. I think it was 1850. Why our father was not enrolled I do not know. The commission not finding your fathers name he did not know how it was but we was not in Tenn. at that time.
March 12, 1908
I will give you all the information i can. i wrote to my oldest brother to see just where our father was in 1851. I will send you the letter my brother sent me. My grate grand father was on the roll that was how they all got on the roll that is my Brother John W. Tyner and Jesse L. Tyner and others and the lawyers failed to hand in my name that was how i was left off and they would not give me another trial. do you think there was any justice about that. what made you think we was Slaves I do not no idea in what more i could send.
(signed) Mary A. Hibbs
(Note: I tried to type this just as it was written. The copy was so dim that I had to guess at a few words - JWR)
Submitted by Catherine Widener