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M&HEL LBS CUSTJSflH ETT^BVIB. ^5926 318

v^ - 8 - MiBK, LBB OLANTBHN INTERHEt BIOGSRAPlTf 70: "?OR>S PR0GR2SS AT?'I Indian-Pior.eer Hiatr>x7- Project Cor Oklahcma Field Worker»s name firadiy This report mqde on (date) jfoy 2S t fllantwwi 2. post Office Address p«nn ii. 3. Residence address (or ljcation) 3 qfllea sout^i of Panala Poat *» office. 4. DATS 0? ^IRTd: *^nth y^roh Day 11 Year 187S 5. Place of birth EIBJOM Conatv. Alabama 6. rscie of Father John Ga-rriaon Hark Place of 1 birt-itroup Couaty, Georgia. Other informati jri abcit fatherburj d la Peaohlard Cffwtfcg Latlmer County. v. Nane af?'~ther Elizabeth Ourrv MarkPlace of birth Troup Coumty, Georgia. Other information about mother Buried in the Paaphlaad Cemetery, Latimer County. lg«5-1831 DiaA 8-1-L900. or complete narrative by the field worker dealing with the life and story of ti.e person interviewed. Refer to I.'anual for suggested subjects ai.d que.*ti' ns. Oor.tir.ue on blank sheets if necessary and attach firmly to this form. Number of sheets attached

MARK, LEE CLAOTKRN HJTSRVIKW * 59E6 320 Interview with Lee Clantern i*erk Panola, Oklahoma. tiy father, John Garrison Mark, fcas sixty three years of age when he died and was buried in this county, at the Peachland Cemetery. He was born in Troup County, Georgia. My mother, Elizabeth Curry Markjwas born December 25, 1831, in Troupe C O unty, Georgia. s he died and was buried Saptesiber 1, 1900, in the Peachland Cemetery. This cemetery is located two end one^-helf miles west of what is now Bengal, Oklahoma, in the southeast part of this county. I was ten years of age when my father and mother moved from the south to the Indian Territory in the year of 1884. ft e traveled on a stenmboat up the Mississippi Kiver part of the way. We traveled the

321 MARK, LEE CLANTERK INTERVIEW 5986 2 rest of the way to Fort Smith by wagon and team and moved three miles into the Indian country over the Arkansas line. When we landed in the Choctaw Nation we hunted around until we found a tract of land which did not require much clearing of timber. We paid the Indian Department $5.00 for a permit to live in the Indian Territory and agreed to improve the land by building a split log fence around it and building a log house. We were permitted to keep possession of this land for a period of five vears without further rental. In ray early day in the Choctaw Nation the Indian Government did not maintain any jails or prisons for their law violaters to wait for their trials. The Choctaw tribe had their Indian sheriff and his deputy helpers who were called the JLlghthorsemea.. Some of these tighthorseaen would go and notify any Indian that had been reported to have violated any of the Indian laws to be at the Indian Court Houee on s oer-

^ 322, LFE CLANTF3LN INTERVIEW 5926 t 3 day. He did not arrest the offender; all Choctaw Indians were living on their word of honor in those days and it was never broken. No Choctaw Indian oould stand to be celled a coward and thet was how they classed one who failed to report in defense of any charge that was against him.to my Dersonal knowledge no Indian ever failed to report the day he was told to. In those days there were several Chootaw Indian Court nouses built out of hewed logs and rough sawed lumber. This oounty was then called Gaines oounty. afhen an Indian ceme to one of these court houses for trial the entire court was of full blood Indians, officials and all. If he was tried for petit larceny, grand leroengr or similar offenses he was immediately sentenced to* be- thrashed* For-tha first offense he would receive about twenty five lashes. The second * or third orfense ha would receive from fifty to one

t HARK, LEE CLANTERN INTERVIEW 5926 323 hundred leches. When the prisoner was found guilty ht vras inraadiafcel/ led out of the court house into the yard to a certain big tree which they used for the thrashings, '^heybreasted the prisoner up to the trunk of this tree, with one Indian officer holding the right arm and hand and another holding the left arm and hand straight out in front. Other officers stripped the Indian prisoner to the waist. It was on«of the duties of the ^hoctaw Indian sheriff to execute the punishment according to the<choctaw court findings, either to execute the prisoner or thresh him. ^his Indian sheriff, according to the rules, was not allowed to use e full arm swing whtn he was threshing a prisoner. He only used a swing with the lash from the elbow alone. They used a good sized green bipstory wpwut, about six or serea feet long, in the ttu^aehing and if the switch was worn out before he had given him the oorrect number of Lashes they had pltnty of new ones.

MARK,.L2E GLAKTERN INTERVIEW 5926 324 When a Choctaw Indian coismitted a crime serious enough for execution and was tried by the Indian court and found guilty, he was told what date to appear back at the court house for his execution. He was permitted to return to his home until the next date of oourt and told to report for execution on that dat*. In ay experience with the ^hoctaw Indians I never heard of one of there failing to report for their pnnishnent, regardless of what it was to be. They would be there. A hey could not live among their tribe and no other tribe if they failed to accept their punishment. This county wes named Gaines bounty in the ^hoctaw Nation, fhe Choctaws gathered every two years to elect their County Officers. The Choctaw Indian County Judge at these different Indian court houses held this election. He either held it at his home or the court it house 1 either place ^ma psrmi Ksibie-r The*Indian County Judge would heve the candidates* names written

MARK, LEE ClANTSRN INTERVIEW 6986 325 6 on plain paper in longhand writing, but in the language, ^he Indian voter would m»rk the nano of the person he wanted to vote for. quiet on the day of the election. The tribe was very The celebration took place after the count was made. When a Choctew Indian man or woman died or any member of the family died on account of sickness they drd not have a big crowd of all his relatives or friends at the death and the burial, Just the immediate family of the dead Indian. They took the body in %'s* real early days out In their yard or to some place cloao to where the family lived and buried it. The Choctaw Indians in those days had a large gathering in the spring when the weather wss warm and in the fall before winter had set in to have what they cell Indian Cries. At this time they mourned the death of their relatives and friends, '^hey had Indian preach* ers then, I do not know just whet their denomination was bat on this Indian Cry Day they ill gathered together and the Indian preacher would have services

HARE, UBS OUNTERN INTERVIEW 5926 326 and then they would gather around the graves and have a great Indian Cry. ^his Indian Cry meeting was held mostly after the ^hootaw tribe picked out burying places to take their dead to. Field Worker*B note: Mr, Mark took me to the old building site where the c hoctaw Indian District court house was located. It was a big bouse, he tells me, built out of rough sawed lumber sbout 24 x 40 feet. The cornerstones of native rock and part of the foundation ere still on the ground, nothing more. Mr. Mark tells tcs when this court house stood there it was located in an open country, with very little timber. The place in now covered with heavy grown trees, both pine.end all kinds of wild timber. T hie land has never been in cultivation, it is still used for stock rwisture.

327 MARK, L5X OZAOTERN HITKR7ISW 6986 8 Th» la at Choetaw trial that was bold at this court house was in the year of 1893. ^hia building caught fire in October X89C and burned, destroying all rocorda which war kept in a wooden closet in the court room. Mr* Mark tells me that when Choctaw Indiana have been educated et all they are the best penmen and can write a perfect hand, ^he c hoetaw Indian oourt records were fcvpt In large books and written in the c hoctaw language in longhand. He tails me moat of thia writing was perfect.