Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1897-12-09
THE TRUTH OUT AT LAST.
FRANK ]. BOUDINOT,S AFFIDAVIT
MADE PUBLIC.
Rich Reading This and a Bomb Shell
Indeed for Several Prominent People
-COntradicts the Chiefs Statement.

United States of America, In
dian Territory, Northern district
Personally before me, a notary
public in and for the above named
district and territory. came this
day Frank ]. Boudinot, to me
well known, who, after being duly
sworn as the law requireth, de-
poseth and saith:
In the fail of 1895 at a special
session of the national council E.
G. Boudinot, my brother, was
elected by said council and COM
missioned by the principal chief
of the Cherokee Nation, as attorney
for said nation, whose especial
duty was to represent the nations
interest before the United States
Court of Claims and the United
States Supreme Court at Washing
ton City, D. c., in the matter of
an appeal from a recent decision
of said Court of Claims to the
Supreme Court, which the nation
desired to be taken in the case of
Moses Whitemire, trustee, ETC.,
VS.. the Cherokee Nation ct al.
Said E. c. Boudinot and l were
partners in law, with our Office at
rahlequah, |. T. During the first
part OF October, 1895, E. c. Boudi.
not went to Washington to per-
form his duty as such attorney in
the premises. He returned at the
beginning of the regular session of
the National Council, on the first
Monday in the November follow
ing, no appeal having yet been
completed. Shortly after his re-
turn my brother told me of COM
promise which had been suggest
ed. We talked the matter over
in detail in our office, and we fin
ally decided that the compromise,
if carried out as then understood
by US, was all right and best for
all parties concerned. A large
sum of money was involved, and
he being attorney for the nation,
We decided that in any contracts
for fees which we might make
with the parties interested my
name Of. ]. Boudinot) should be
used, but that we should both par
ticipate equally in the money to
be paid our firm for effecting such
compromise. No contract was
yet made, and no understanding
was yet had as to the amount we
should receive, nor who our asso-
ciates would be.
The proposition was made by
Jake Guthrie, representing, as he
said, other parties. He was to
telegraph my brother, E. c. Boud-
mot, and there was to be meet
ing at Kansas City, Mo The tel
egram came, and my brother and
his wife went to Kansas City in
the early part of November, 1895.
He returned in few days and re-
ported that they had decided to
make no written contract; to have
no agreement in writing; that the
nature of the business and the
official positions of the parties
made it necessary to keep all
transactions secret in relation to
the business. He gave me the
names of the parties to this secret
contract, as follows: R. H. Kern,
S. H. Mayes, Jake Guthrie and ]
E. Campbell. All the money to
be made was to pass through |
Kern's hands, but that he had |
been assured that "Kern's word |
was as good as his bond" So the |
matter stood when legislation in
relation to the matter was passed |
by the Cherokee national council,
in November, 1895. All the |
above-named parties and my
brother went to Washington in
December following, and tried to
effect the compromise authorized
by act of national council. Records
will show they failed, and why, |
and records will also show the
conditional agreement accepted by |
the court of claims. My brother
returned in February, 1896, and
died on the Goth, the day after, ,hav-
ing told me how the matter stood |
at that time.
myself had not had any direct |
understanding with the other
parties to this secret agreement
up to that time. The council was
called in special session in March
following. l communicated my
knowledge of and interest in the
secret contract aforesaid to the
other parties interested, and they
declared that since it had failed at
Washington the agreement was
off, but that if they needed my
help in any way they would let
me know. A few nights.after a
messenger came for me to go to R.
IL. Kern's room in the National
hotel at Tahlequah. l went down
and found Campbell, Guthrie and
Kern present. Campbell gave me
bill which he said they had pre-
pared and wished TO get before the
committee and reported by it to
the council in the exact words it
then contained. Campbell asked
me if | could do it. 1 told him to
let me take the bill for a couple of
hours and | would report. | took
the bill and finally told him, that
with some changes, which |
showed him and insisted upon, |
would guarantee to get it reported
by the committee without further
changes. He said he would have
to consult Kern, so he called Kern
and | explained the matter to him
and showed him the changes had
suggested.
He objected, saying he had
spent a great deal OF time in the
preparation of the bill, and it was
Just as he had wanted it. | told
him l did not think it was any use
to present il in that shape. He