Dear Fellow Tyner Researchers

A good friend forward some information they had copied from microfile about the Miller Rolls. Generally the files contain the applications and the supporting affidavits of witnesses and sometimes the card showing admission or rejection.

I am sending this information along a little at a time.

GUION MILLER COMMISSION INDIAN RECORDS

#20425 Miscel. William Henry Burkett being first duly sworn, deposes and says:

That I am 50 years of age and live on Sand Mountain, near Trenton, GA. I claim my Indian descent through my mother and her father, John Tyner. My mother was born and raised in Ray (Rhea) Co. I don't know about my grandfather. My mother had one-quarter Cherokee blood. My mother was recognized as a white person. I don't know whether my mother or grandfather were on any rolls or received any money from the government. My mother was living with the Indians in Ray Co., Tenn. but she was too young to take part in their councils. I don't know about my grandfather. My mother nor my grandfather were ever known by any name than that of Tyner. My wife is a white woman. William H. Burkett Signature of Witness Subscribed and sworn to before me at Chattanooga, Tenn. this 30th day of June, 1908. (Signature not legible) Ass't to Special Commissioner, Court of Claims

Applicant to all appearances is a white man. 308 *****************************************************

John H. Mulkey, being first duly sworn in behalf of William H. Burkett, deposes and says: That I am 54 years of age and reside in Trenton, Ga. I am not acquainted with the applicant's mother or her parents, and know none of his ancestors except his uncle on his mother's side, who claimed to be 1/4 Cherokee Indian. This uncle was born and raised in Tenn., the eastern part, I think. He lived with the Indians as a recognized member of the tribe, so he told me. He is dead at this time. How I came to be acquainted with him was that he told me he was going to make some proof and obtain some land in the Territory. That has been 28 or 30 years ago and he told me that this station - Tyner Station - took its name from his grandfather who was chief of the Cherokee Indians. Don't know what his name was. The only name I knew this uncle by was Sevier Tyner. He never had any other name. I don't know whether he was on any Indian roll or whether he ever received any money. He was Indian and white. That's all I know about him. To the best of my knowledge this applicant's mother was a sister of Sevier Tyner. John H. Mulkey Signature of Witness Subscribed and sworn to before me at Chattanooga, Tenn. this 22nd day of June, 1908 _____________________ Ass't to Special Commissioner,Court of Claims. 307 ************************************************************

No. 20425 Action: Rejected Reasons: It does not appear that applicant or any of his ancestors were ever enrolled. It does not appear that they were living within the Cherokee Domain in 1835 - 6 & 1846 as members of the tribe. It does appear that they were living beyond the domain and were recognized as white people. Misc. Test. P. 307 - 308 Misc. affidavits to Guion Miller Commission ************************************************************************

Application No. 16875 - 3918 - James B. Tyner

Elizabeth Tyner being first duly sworn in behalf of Robert J. Tyner says:

I am about 79 years of age. I was born in Roane Co., but I don't know the state. It was in the east. Applicant gets his Indian Blood through his father, Lewis Tyner. He died in 1878. He was born in the east. He left the east in 1850. Lewis Tyner was my husband and he was a Cherokee Indian. He was enrolled in 1851 but I don't know whether he drew money or not. In coming west, we stopped in Missouri but came to the territory in 1874. I think that Lewis Tyner was a quarteroon. Lewis was born in 1800. I married Lewis in 1847 and he was a tolerably old man at that time. He lived in Hamilton Co., Tenn. before we were married. He lived in Alabama before he moved to Tennessee. Reuben and Nathan were brothers of Lewis. He had another brother who died in the Chickasaw Nation. His name was Jesse and he married a Chickasaw woman. Rueben and one of the other boys came out west as far as Arkansas with the Old Settlers and then moved to this state. Lewis' oldest child, John was born in 1819. I am the second wife of Lewis. He was separated from his first wife and she moved to Arkansas with some of their children. Ruebin died before we came out west in 1850. Hiram was a child of my husband by his first wife. His oldest son was named Ruebin. I think he was born about 1845- he was old enough to be in the Civil War. Susan Tyner is the name of my oldest child and she was born in 1850. I never heard that my husband was enrolled. Never made an affidavit that he was enrolled. I never knew of him receiving any land or money. My husband has always been recognized as a Cherokee Indian. My children never associated with any other tribe of Indians than the Cherokees.

her Elizabeth X Tyner mark Subscribed and sworn before me at Muskogee Okla. this 23 day of March 1908

_________________________ Asst. Special Commissioner of the Court of Claims

A copy of the case of Jesse T. Tyner vs the Cherokee Nation for allotment of land shows they were rejected by the Dawes Commission for the reasons that the ancestors through whom they claimed was never enrolled. There was a paper annexed proporting to be a copy of Judge Springer on appeal reversing the decision of the commission and allowing the allotment, however the Sec. of the Interior states that the original copy of the decision cannot be found and he would not certify to the copy as being correct. The applicant was never allowed an allotment of land.

James B. Tyner, #3918 s/o Lewis admitted Susan Tyner Dunham, # 3919 - d/o Lewis admitted Sarah Bell Reed, # 23295, b. 1872, d/o C. J Dunham & Susan Tyner Dunham - admitted with 5 children below. (m. 1st J. M. Case, m. 2nd Wm. Reed) Maud Case 13, b. 1892; Emma Case 11, b. 1894; Robert, 9 b. 1896; Mary, b. 1898; John, 4 b. 1903. J. W.(M?) Dunham, # 23292 -s/o Susan Tyner Dunham - admitted Marcus L. Dunham, # 23293 - " - admitted John W. Dunham, # 23294 - " - admitted William Henry Dunham, # 23291 - " - admitted Fannie Rice , #23287 - d/o Susan Tyner Dunham - admitted James Rice, #30056 - - admitted

GUION MILLER COMMISSION INDIAN RECORDS

No. 28349 - 1963

Martha Smith, being duly sworn, deposes and says:

My name is Martha Smith: My post-office is Campbell, Okla.: I am about fifty-two years old: I was born in Missouri; my father's name was Hyram; he was born in Tennessee; he was born in 1822-1823; he left Tennessee about 1850 and moved to Missouri: Hyram's father was named Lewis Tyner; his father came with him to Missouri; I make my claim only through him; I never heard my father say that he was enrolled but I heard him say that he was a Cherokee; I knew my grand-father Lewis; I have never been enrolled as a Cherokee; I first came to Indian Territory about 1876; I went back to Arkansas and then came back here about 1886-7. I have a daughter, Lizzie, twenty-two; her name now is Lonnie; she lived about three miles from Campbell; she has been married four years the twenty-sixth of last month; my daughter, Minnie will be twenty years old this month; she is not married and is living at home with me; I have a son Rufus who is seventeen, John who is fiften; I have never been with any other tribe than the Cherokee Indian: I do not know why my father, Hyram was not enrolled with the Cherokees.

Martha Smith

Suscribed and sworn to before me this 15th day of March 1909 at Vian, Okla.

Guion Miller Special Commissioner of U. S. Court of Claims *************************************************************

GUION MILLER COMMISSION INDIAN RECORDS

No. 21836 John W. Tyner, being duly sworn, deposes and says:

My name is John W. Tyner; My post-office is Campbell, Okla.; I am about sixty-two years old; I was born in Hamilton Co., Tenn.; I am the son of Hyram Tyner and his father was named Lewis Tyner; my father left Tennessee with my grandfather in 1850 or 1851 and reached McDonald Co., Missouri Christmas day of 1851. I am enrolled by the Dawes Commission and have received an allotment of land; my father was about twelve or thirteen years old in 1835; I have always heard my father and grandfather speak of being of Cherokee blood; I and the other members of my family were enrolled as Cherokees by order of the United States Court.

John W. Tyner

Subscribed and sworn to before me this 15th day of March, 1909 at Vian, Okla.

Guion Miller Special Commissioner of U. S. Court of Claims

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GUION MILLER COMMISSION INDIAN RECORDS

No. 1963 Fannie Cummins, being duly sworn, deposes and says:

My name is Fannie Cummins; my post-office is Vian, Okla.; I am about fifty nine years old: I was born in Arkansas; my father's name was Lewis Tyner and Sarah Jane Tyner was my mother; My mother was not Indian; My father was born in either Tennessee or Georgia; my grandfather's name was Lewis; my father would be about seventy if he was living now; My father had several brothers, Jess; Jack; Hyram, John and Lewis and he had three sisters, Fannie, Pop, Biddie; I do not know where my grandfather Lewis was living in 1835; My father was either living in Tennessee or Arkansas in 1851; my father and his youngest brother moved to Arkansas with their mother, while his father and some other children moved into Missouri. my grand-father and his first wife separated and he got another woman; my brother shared in the Cherokee allotment but I did not get in, neither did my sister; I moved to Indian Territory about eighteen seventy-seven - my brother came at the same time; my brother got in while my husband would not try for me; my husband is a Cherokee Indian - his name is Robert Cummings; Robert Cummings was the child of Wallace Ratley; Cummings was his step father and Robert took his name; Jefferson Tyner, Appl. No. 40289 is my own cousin, he is the son of my father's brother, Hyram; I understand that his wife is a Cherokee Indian; Hyram V. Linder, the husband of Fannnie B. Linder, Appl. 27754 is also a Cherokee Indian; our family has always been recognized here as of Cherokee blood.

Fannie Cummins

Subscribed and sworn to before me this 15th day of March 1809 at Vian, Okla.

Guion Miller Special Commissioner of U. S. Court of Claims

In application, Fannie named her brothers and sisters as: Stephen , died Abt 1882, Lewis, Martha and Jesse. She also named John Tyner, Jack Tyner, Hiram Tyner, Jesse Tyner Fanny Tyner Biddy Tyner, Pop Tyner and others she did not name as siblings of her father, Lewis. She indicates her father, Lewis , died in 1881 "as near as she could recall". She indicates her uncle, Hiram Tyner, died about 1875.

Fannie Cummins named her children as: Maggie Cummins Brown b. Oct 1882; Evans Cummins b. Sept 1883; Francis Marion Cummins b. Sept 1887; Jesse Cummins b. Jan 1890; Rebecca Cummins b. March 26, 1893; Lewis Cummins b. 1898 and a dau Nancy Jane Cummins b. 1880 and died at age 8 mo.