Exhibit 4

Report concerning lineal bloodline descendants of the Delaware Nation.

1865 – 1977

Researched by Charlotte J. Simmons

Number 1 – Rebecca Lucas

Rebecca Lucas held Allotment No. 929 Entry No. 633 on Pratt’s’ Registry of Original Delaware Indians in 1867. (Exhibit 1.A = Located in Record group No. 75 in the National Archives)

Rebecca Lucas’s original Allotment Certificate N. 929 was issued August 21, 1865, and it was delivered on November 3, 1865. (Exhibit 1.B = Located on Roll 10 of the John G. Pratt Papers. – Property of The Kansas State Historical Society) The legal description of Allotment No. 929 is Eighty Acres = West 1/2 of N. E. 1/4 Section 17 Township 11 Range 24.

Allotment No. 929 was sold to the Missouri River Railroad Company. Payment vouchers dated May 11 1868 for $25.00 and December 11, 1867 for $125.00 and June 9, 1868 for $50.00 list Lucinda Marshall as daughter and head of family allottee. (Exhibit 1.C = Located on John G. Pratt Papers, Property of The Kansas State Historical Library) Rebecca Lucas is listed on the record of Delaware Indians electing to remove to the Cherokee Nation under the terms of the treaty of July 4, 1866. (Exhibit 1.D = Located on roll 11 of John G. Pratt Papers – Property of The Kansas State Historical Society) Rebecca Lucas is listed on the 1898 census roll for Delaware Indians residing in the Cherokee Nation prior to or on August 4, 1898. This record lists the heirs of Rebecca Lucas (deceased) as follows – Franklin Lucas, Nephew, Susie Lucas, niece, Rosa Parks, niece, Lucinda Marshall, daughter of Rebecca Lucas, was not listed as her rightful heir. (Exhibit 1.E = Located on the Delaware Census Roll of 1898 – Property of the Kansas State Historical Society)

Number 2 – Lucinda Marshall – Nee Cynda Llewellyn

Lucinda Marshall, daughter of Rebecca Lucas, held allotment number 928, entry number 310. The original allotment certificate number 928 belonging to Lucinda Marshall was issued August 21, 1865, and was delivered November 3, 1865. The description of allotment number 928 was “Eighty acres = E 1/2 of N. E. 1/4 of section 17 Township 11 Range 24. (Exhibit 2.A – Original Allotment Certificate Number 928, located on John G. Pratt Papers – Property of The Kansas State Historical Society) Lucinda Marshall, daughter or Rebecca Lucas, was entry 310, land allotment 928, listed on page 18 of Pratt’s Registry of 1867. (Exhibit 2.B – Located in record group 75 of the National Archives) The registry of 1867 shows that the 40 acres of Lucinda Marshall’s original allotment was given to Edward Grinter. Lucinda Marshall’s family record number 199 (exhibit 2.C – Located in Pratt’s Papers – Property of the Kansas State Historical Society)

Lucinda Marshall elected to remove to the Cherokee Nation. Allotment Number 928 belonging to Lucinda Marshall was sold to the Missouri River Railroad Company. Payment vouchers show $75.00 paid on June 9, 1868, and $125.00 paid on December 11, 1867. (Exhibit 2.D – Payment vouchers located in Pratt’s Papers – Property of the Kansas State Historical Society)

Lucinda Marshall removed to the Cherokee Nation and was listed as entry 310 Number 232 (dead) in 1880 record book. (Book is property of the Federal Record Center located in Fort Worth Texas) No heirs were listed for Lucinda Marshall. Legal heirs were Lucinda Marshall’s husband William Marshal and daughter Mary Francis Marshall.
Lucinda Marshal was also listed in 1898 on the Delaware Census Roll for Delaware Indians residing in the Cherokee Nation on or before August 4, 1898. (Exhibit 2.E – Record located on the 1898 Roll – Property of the Kansas State Historical Society) Lucinda Marshall and her family were not carried forward to the 1899 roll No explanation.

Number 3 – William Marshal

William Marshal, Entry number 399, Allotment number 333. Husband of Lucinda Marshall and father of Mary Francis Marshall.

William Marshall’s original allotment certificate was issued June 1, 1865. No date of delivery listed on record. Description of William Marshall’s allotment number 333 was 80 acres – E 1/2 of NW 1/4 of section 19 township 10 range 24. (Exhibit 3.A Original allotment 333 issued to William Marshal – Located in Pratt’s Papers – Property of the Kansas State Historical Society)

The allotment issued to William Marshal (Adult) in 1865 was listed again on Pratt’s Registry of Original Delaware Indian s in 1867 as follows – “Entry number 399 William Marshal Connor Allotment No. 333?. (Despite the addition of the name Connor to the allotment issued to William Marshall, we were able to trace the property with entry number, allotment number, and legal description of the land.) William Marshall’s allotment number 333 was sold to the Missouri River Railroad. A person by the name of James Connor received payments as head of family of allottee re-listed as William Marshall Connor, minor in the house of James Connor. James Connor also received $48.50 on July 10, 1868 and Rosanna Marshal received $145.00 on July 10, 1868, both for William Marshall part heir to all No. 43 for Annie Marshall (Exhibit 3.B – Payment vouchers located in Pratt’s Papers – Property of The Kansas State Historical Society)

William Marshall was the legal adult owner of allotment number 333 issued in 1865 and the true adult heir to allotment number 43 issued to Annie Marshall. William Marshall elected to remove to the Cherokee Nation and was listed on the Removal Record as WM Marshall. (Exhibit 3.C – Record located on roll 11 of Pratt’s Papers – Property of the Kansas State Historical Society)

William Marshal was listed on the 1898 Citizenship roll of Delaware Indians living on the Cherokee Nation on or before August 4, 1898. The addition of the name Connor Washer to William Marshall name made it possible to list (missing text)

Note – John C. Pratt’s Ledger located in the Pratt’s Papers located in the Kansas State Historical Society library implies that he signed the payment vouchers for the land sold to the Missouri River Railroad Company and that money is still owing to many Delawares including our ancestors.

Number 4 – Mary Francis Marshall

Mary Francis Marshall – Born Marsh 5, 1846 in Crawford County, Indiana. Mary Francis Marshall was the daughter of Lucinda Marshall and William Marshall, entry 310 and 399. Mary Francis Marshall held the minor allotment issued under her mother Lucinda Marshall entry 310, allotment number 928. This is recorded on Pratt’s original list of Delaware Indians in 1867. The legal description of her land was NE 1/4 of SE 1/4 Section 35 Township South 11 Range East 22. (Exhibit 4.A – record listed on K page 113 of Pratt’s Registry of Delawares in 1867. – Located in Record group No. 75 in the National Archives) This record shows Mary Francis Marshall’s allotment was transferred to list A + B page 1 – 57 of Pratt’s Registry. (Entry number 472 – Located in Pratt’s Papers – Property of the Kansas State Historical Society) no additional information was found.

Mary Francis Marshall married James Ross Fent on December 25, 1866 in Wapello County (Exhibit 4.B = Copy of marriage record located in Iowa.) James Ross Fent joined the Union Army and served in CoB. 36 Iowa Infantry. James was wounded and taken prisoner at Marks Mill, for a period of five months. (Exhibit 4.C located in pension file.) James Ross Fent’s pension file contains a record that states James and Mary Fent lived in several places until he was removed to Pawnee, Oklahoma in 1894. James resided there with his wife Mary Francis Marshall (Fent) until 1918 when he went to the Old Soldiers Home at Oklahoma City, Oklahoma. James and Mary Francis Marshall (Fent) had the following named children: (record 4.D Record located in James Fent’s Pension File)

Cora Fent – December 29, 1867

William Fent – May 1, 1870

Otelia Fent – December 18, 1873

Ella Fent – May 10, 1875

Carrie Fent – July 18, 1877

George Fent – February 10, 1880

Oren Fent – September 13, 1882

Nellie Fent – March 13, 1884

Charlie Fent – July 18, 1886

Lilliam Fent – March 26, 1889

James Ross Fent left the Old Soldiers Home at Oklahoma City, Oklahoma in approximately 1924 and died at Joplin, Missouri in 1927. Exhibit 4.E Located on file in Missouri.) He was proceeded in Death by his wife Mary Francis Marshal (Fent) who died November 4, 1917 (Exhibit 4.F, record located on file in Fort Dodge, Kansas ) The death certificate for Mary Francis Marshall (Fent) listed her father as William Marshall and Cynda (short for Lucinda) Llewellyn. James Ross Fent and Mary Francis Marshall (Fent) are buried at Matfield Green, Chase County, Kansas.

Andy Marshall – Child of Lizzie Marshall – wife, as heirs of William Marshall Connor Washer Deceased. (Exhibit 3.D Record taken from 1898 roll – Property of the Kansas State Historical Society) William Marshall’s entry number and original allotment certificate issued in 1865 make it possible to prove his true identity as the husband of Lucinda Marshall and father of Mary Francis Marshall – his true heirs.

William Marshall’s name was listed again on the Pay Roll of Delaware Indians as paid by D. W. Lipe 1886, 1890, & 1894. Six other names were added to that record of William Marshall and payment was made to J. E. Campbell for all parties. (Exhibit 3.E – copy of record taken at Federal Record Center located in Fort Worth, Texas.)

Note – Record located in Pratt’s Papers showing where James Connor returned over $500.00 to the Missouri River Railroad – Exhibit 3.F

Number 5 – Otelia Eveline Fent

Otelia Eveline Fent born December 18, 1873 at Cotton Wood Falls, Chase County, Kansas , daughter of James and Mary Fent. Otelia is listed on census record of 1880 – Cotton Wood Falls Township, Chase County, Kansas (Exhibit 5.A – record on file with Bureau of Census.)

Otelia Eveline Fent (Tillie) married Leander Louis Creech on October 14, 1889 at Cotton Wood Falls, Chase County, Kansas (Exhibit 5.B – record on file in Chase County, Kansas)

Otelia Eveline Fent and Leander Louis Creech had the following children:

Viola Creech – died in Shady Cove, Oregon, 1967
Bruce Creech – died in Basin Wyoming, August 27, 1952
Mauzy Grant Creech – died in Ontario Oregon, 1928
Merele Creech – died in Basin Wyoming, 1918
Lucy Creech – died in Indian Territory, approximately 1900
Grace Creech – living, born 1901
Esaw Creech – died in Basin, Wyoming, 1918
Stella May Creech – died in Billings Montana, approximately 1907
Melvin Creech – died in Indian Territory, approximately 1905
Arthur Creech – living, born 1909 in Billings Montana
Gilbert Creech – died in Payette Idaho, approximately 1970
Elsie Creech – living, born 1914, Billings, Montana

Otelia and Leander resided in Pawnee, Oklahoma after leaving Kansas. They left Oklahoma seeking work in 1907. They resided in Billings Montana, at South 23 street. While residing in Billings, Otelia and her eldest daughter Viola Creech hired attorney Thad Smith, of Billings Montana, to find out why they had not received their allotments as Delaware Indians residing on the Cherokee Nation. Copies of attorney Smiths letters show the ancestry of Delaware blood (Exhibit 5.C – letter sent to the Secretary of the Interior, dated February 8, 1911 listed the ancestry, as well as another letter sent to the Secretary of the Interior, dated October 8, 1912)

On October 14, 1913 they were advised by the Commissioner that the names of any of the persons mentioned in the letters could be found upon any of the citizenship rolls of the Cherokee Nation. Nor did it appear that an application for enrolment as Cherokee or Delaware citizens could be located. (Exhibit 5.D – letter dated October 14, 1913 on file in the National Archives) Otelia Creech and family were rejected as not being Cherokee or Delaware.

The Delaware Nation, as it existed in Kansas, bought and paid for over 160,000 acres of land which it was allotted in 160 acre parcels to every man, woman, and child of the Delaware Nation who had elected to remove to the Cherokee nation under the terms of the Treaty. The Dawes Commission was set up and instructed to see that all Delawares listed on Pratt’s Registry of 1867 and their families receive their allotments. Approximately 212 Delaware Indians received land allotments and the balance of the Delaware property was allocated to the Cherokees. William Marshall, Lucinda Marshall, Mary Francis Marshall, the children of Mary Francis Marshall, and the grand children of Mary Francis Marshall should have been allotted by the Dawes Commission over 5000 acres according to the terms of the Treaty. Even though these Delaware Indians were registered on Pratt’s Registry and did elect to remove to the Cherokee Nation and were entitled under the terms of the Treaty, not one member of this bloodline ever received the promised land. These original Delawares and their families did not join into a legal relationship with the Cherokee Nation under the terms of the Treaty of July 4, 1866.

They had been cheated, defrauded and rejected in the following ways:

Land allotments were stolen by adding names behind the original name.
Cash payments were paid to outsiders not related to them in any way.
Records of Census were changed to purposely keep them off.
They were not properly listed as heirs.
The original Delawares described in this report and all their lineal bloodline descendants since 1867 have been denied or banished from tribal life known to all other Reg. Delawares. Lands due to them under the terms of the July 4, 1866 treaty have been denied them. They have received no part of any past payment to the Delawares or Cherokees since 1867.

All attempts to right this injustice have been denied or dismissed. At the present time there are hundreds of members in our group that can prove a direct lineal bloodline to those original Delawares listed by John G. Pratt on Pratt’s Registry of 1867. (Record located in the National Archives)

Otelia Eveline Fent also known as Tillie E. Creech (Exhibit 4.G – Reference Report issued by the National Archives) died in Payette, Idaho in 1941. Leander Lewis Creech died in Basin, Wyoming in 1952. Their marriage in 1889 preceded the Inter Marriage Law recognized by most tribes (copy of the Inter Marriage Law) William Fent, the full blood brother of Otelia E. Fent Creech died in Pawnee, Oklahoma.

All of the descendants listed in this group are of Delaware blood, and can trace their ancestry in an unbroken line to members of the Delaware Nation listed on Pratt’s Registry of Original Delawares in 1867. (Exhibit 4.H – attached list of known descendants of the Delaware Nation.)

Claimants base their claim on being the direct lineal bloodline descendants of the Delaware Nation. Note (Halbert V United States 283 US753) the rule being that the children belong to the tribe of their parents, not their grandparents.