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.