The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 470
xiv, 992 p. ; 23 cm.View a full description of this legislative document.
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256' FEDERAL REPOltiE '
duly authenticated by him they shall forever be deemed the metes and bounds
of the lands ceded and those reserved. And those reserved shall be deemed
the common property of all the individuals included in Schedule B."
Article 7 provided that the Indians should surrender the lands, and
if they belonged to those named in Schedule A such Indians should on
payment immediately emigrate and go beyond the jurisdiction of the
state of New York; but if they belonged to individuals named in
Schedule B, then such persons should give up possession of the lands
so ceded.
It is seen that the Indians in the reservation were divided into two
classes, those named in Schedule A, and who were to emigrate, and
those named in Schedule B, who were to remain and not emigrate,
and who were to have and hold and own the remaining lands, which
included lot 17, and also lot 19, and which lot 17 included the lands
in question, the same as before.
Schedule B gave the names of the "tenants in common and owners
of lots No. 17 and 19" (who were not to emigrate) as follows:
"Aaron Cooper. Hannah Cooper, Dolly Cooper, Margaret Cooper, Susan
Cooper, Betsey Cooper, Jenney Cooper, Moses Cooper, Moses Charles, Caty
Charles, Margaret Charles, Susan Charles, Mary Charles, Elizabeth Cornelius,
Daniel Cornelius, Roderic Cornelius, Jenney Cornelius, Job alias Anthony
Antone, Cornelius Antone, Thomas Antone, Mary Antone, Mary Antone and
Susan Antone."
It is seen that under this treaty the said named persons were desig-
nated as the owners as tenants in common of lot 17, which included
the lands in question.
These people comprised the Cooper, the Charles, the Cornelius, and
the Antone families, and were 23 in number. Mary Charles, one of
such Indians (now Schenandoah), was a witness on the trial. Moses
and Caty Charles were the father and mother of Margaret who was
the mother of Susie and Mary Schenandoah. William Honyost is a
brother of Mary, above named. Mary 'Schenandoah lived on the res-
ervation on the premises in question until some six years ago, when
she, with others, was put off by the sheriff of Madison county under
the authority of the writ of assistance hereafter mentioned. This was
November 30, 1909. She had always lived there with other Indians
on that place. Mary Schenandoah was known as Mary Honyost be-
fore her marriage. She took that name when her mother, Margaret,
married Peter Honyost. Isaac Honyost was her brother, who was
born after the treaty of 1842. Lucy Charles married, and took the
name George, and became Lucy George, and died in 1870, leaving
seven-children, Elizabeth, Henry, John, Jenney, Eli, Mary, and Jeanie.
Jeanie, John, and Eli died when very young. The husband died re-
cently on the reservation. Mary George had three children, who died
in infancy. In April, 1884, Mary Schenandoah, Margaret Honyost,
and Isaac Honyost were all living on the reservation and on the 32
acres of land in question.
William Rockwell, an Oneida Indian, son of Margaret Honyost,
daughter of Maggie Charles, one of the 23 persons named in Sched-
ule B, gave testimony to the effect that he was born in a house on lot
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38827/m1/484/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.