The Caucasian. (Clinton, N.C.) 188?-1913, 1909-05-13

and MArion Butler. Never saw bal
linger until after decision In tesl
case Gave him an afaaavit In okia-
homA- HE said he wanted IL for Mr.
Butler 10 use in = libel suit that
Judge Adams had brought aEains,
him. and gave him al andavst
BaiiingeT said he vas in Oklahoma In
the interest OF Marion Butter. Mr..
Vail. law partner OF Butler. wAs In
Ardmore several days. ION objection
| by defendants counsel. the answer
relating To Webster Ballinger were
ordered stricken OUT
Deposition Of ]. @. Rawls. = law
yer o, Atoka. Oklahoma. Heard con-
Judge Adams over the phone In Nc
Alister. Judge Adams told Mansfield
| that certain motions had bseu made
| before the court aud IL was import
| ant that he. Mansfield. file some other
motions before the court. This law
yer deposed that later he desired to
| file n motion before the cttiEenship
Court. and Judge Adams asked him
to walt awhile. as the court VAS then
considering some other motion. Judge
| Adams invited me TO remain during
the hearing. and appear as counsel
compensation of attorneys for Indi-
ans. Mr.. Mansfield was present and
showed him two documents. and they
were recommendations by the two
Governors, McCurtin and Johnston,
for claims OF Mansfield. MeMurry 4
applicants | represented for citizen
ship in the court Possibly 400.
About SO were allowed BY the court
TO be placed on the roll
Cross Examination.
Judge Adams did state 10 me from
the bench that he would be glad for
me to remain In court and hear ell
the testimony. and as a representa-
tive of the Indians they would be
glad for me to examine the witnesses
as to the value of their services as
attorneys. and | closely examined
Mansfield. Claude Weaver and Judge
Lindsay, who had testified as TO value
of legal service. Do not remember
hearing Judge Lindsay testify that
services of Mansfield. McMurry and
Cornish were worth 25 per cent. The
court adjourned to meet at South
McAlister and l was invited 10 60
there but did not go.
Redirect.
Understood Judge Lindsay was
ed Mansfeld's law firm $4,000. This
l drew out of him on cross-examina
ton. The law had been changed by
some means, so that this compensa-
tion could be fixed by the court.
Deposition of w. /. Gilbert. law
yer, of Duncan, Oklahoma:
Is president of Oklahoma Bar AS
sociation. Represented U. s. Joins
in Citizenship Court. Joins had mar
ried an Indian and was entitled to
citizenship by intermarriage. Cornish
claimed that a divorce had been de-
MED him. In a conversation after
hearing with Judge Adams, he said
to me: Gilbert, you must not
worry about Joins's case. he is all
right. We have agreed to render no
decision in blood cases until all the
cases are in
Cross Examination.
Joins was not admitted to citizen
ship by the court, Is my impression.
| think he got in by an order OF the
Interior Department at Washington.
Deposition of Webster Ballinger.
| lawyer, of Denver, Colorado, Wash
| ington City, and Oklahoma: Was
connected with litigation In matter
! pending before Congress and the de-
| partment; connected with the citizen
ship court. Representing the Indi-
| ans, there was an injunction pro-
| eeeding to restrain the payment Of
the attorneys fee.
The bill was filed February, 1908.
On February, 1905, the bin was
amended so as to include Mansfield.
McMurry & Cornish.
Have known Judge Adams since
the court was established In 1909.
| When the civil suit for damages
against Senator Butler by Adams In
Guilford Superior Court, Butler ask
ed me what | knew about the Citi-
zenship Court. / told him ] was well
acquainted with 1t, and on my next
81, @o In \ rnoAa p
ticular inquiry.
Neither one of the firm of Mans
field, McMurry and Cornish reside at
McAlister now
When the bill giving the citizenship
court power to fix attorneys fees was
pending in Congress, every member
of this firm was I'm Washington act
lively lobbying for the bill. / was In
Washington at the time as a news
paper correspondent The Citizen
ship Court, out OF about 5000 appli'
cations of Indian claimants. admitted
only 156 on the rolls. Every claim
ant kept of the roll, Injured to the
benefit of Mansfield. McMurray and
Cornish and their clients, the Choc
taw andChickasaw tribes Of Indians
But few of the cases of Indiar
claimants were thrown out for fraud
Most of them were denied on th'
technical question of residence. In
|, number of instances they admittet
some members and denied others o
the same family.
There were approximately 1905
cases of claimants who had been en-