App. 119. JAMES MURPHY,                                  Andrews, N. C.
Rejected. Grandson of Polly Murphy and rejected for the reason set out
in the report on Polly Murphy and her descendants by Comm. of Indian
Affairs, Jany 14, 1857. See half sheet attached.
EXCEPTION CASE: In Re applicants claiming through Polly
Murphy.

The majority of the applicants in this group, which was rejected, have
filed exceptions to the report of the Special Commissioner of May 28, 1909.

In the case of about twenty-three of these the former decision rejecting
said applicants is adherred to, in the others the applications formerly
rejected, are now recommended for enrollment,as will more fully appear
below.

The ground for the denial of the esceptions herein is the same upon which
the former rejection was based and will more fully appear by reference to
the report in #119 and by reference to the "Statement of an examination
of the Report and accompanying papers submitted by A. Chapman, Special
Agent" etc. and marked "Special File #2".

Those applicants who are now recommended for enrollment are David Murphy
and his descendants, descendants of Jesse Murphy, Martin Murphy and his
descendants, David, Jessee, and Martin being the sons of Polly Murphy and
Whiplash (Cah-stah-yees-tee), the latter being a recognized Eastern
Cherokee. David, Jesse and Martin were enrolled by Chapman at No's 1333,
34 and 35 respectively.

David Murphy and his descendants are recommended for enrollment and are
as follows:
               David Murphy Appl. #6646.
               Louraine Smith, daughter 7744.
               Mary Melvine Smith, daughter 34189.

The following, to wit: Amanda E. Long and Susan Shamblin, applicants
numbered respectively 9223 and 16112, who also claim through David Murphy,
are again rejected for the reasons that their father, James M. Murphy, was
not the son of David Murphy, but was the illegitimate son of Caroline by
some other man, she having several illegitimate children at the time David
took up with her. James Blythe and Dave Owl, recognized and prominent
members of the Eastern Cherokee tribe in the East, testified that James
Murphy was not the son of David, in fact, that David had no sons.

In a communication from the Commissioner of Indian Affairs to the Secretary
of the Interior under date of January 14, 1857, it appears that at that time
David Murphy came forward and claimed for five children, the oldest of whom
was fourteen years, while David was about twenty-five. These children were
all at that time denied enrollment on the Act of Congress roll of 1857. It
further appears from a statement of an examination of the report and ac-
companying papers submitted by A. Chapman above referred to, that James M.
Murphy was one of five children and was ten years old when David was twenty-
five, which would make it appear improbably that James was the son of David
especially in considering the above.

The descendants of Jesse Murphy are recommended for enrollment and are as
follows:
   Thomas Murphy, son of Jesse & 4 minor children, app. 27254.
   Mattie M. Bell, daughter of Jessee, app. 13365, & 5 minor children. 
   Foster Stone, granddaughter of Jessee, app. 15069 1/2.
   One Dolly Peak has filed app. 11397 on behalf of herself and 8 minor
       children, claiming to be the daughter of Jesse, son of Whiplash.
       It appears, however, she is not a daughter of Jesse. Jesse died in
       1865 or 1866, while Dolly Peak was not born until 1873 and Mattie
       M. Bell, daughter of said Jesse, states in a letter that Dolly Peak
       is not the daughter of Jessee, but is only her sister on her mother's
       side. (See letter in app. 13365) (See also letter from Thos. Murphy
       1910 which shows that Jesse died in 1865.)

Martin and his descendants are recommended for enrollment and are as
follows:
       Leander Murphy, son of Martin, app. 6015.
       Jane Murphy, daughter of Leander, app. 11399.
       Walter Murphy, son of Jane.
       Jesse Murphy, son of Martin, app. 23891 and his children,
       Minnie Goforth, appl. 23890 and his minor son, have already
           been enrolled at No's 1741, 977 and 1742 Miller Roll.
       Manco Murphy, son of Martin, app. 24397 and 5 minor
           illegitimate children, to wit:
           Inos Beaver,
           Leander
           Lillie
           Gay                            By Alice Beaver, mother
           Greely                            app. 43768.
       Manco Murphy has admitted in a letter filed in application #43768
           that he is the father of these children.
       Sol (or Solomon) Murphy, app. 6013 and four minor children:
           Louisa Murphy, daughter, app. 28652.
           Alice Smith, daughter, app. 6379, and 2 minor children.
           Isabella Murphy, daughter, app. 21096.
           Sam Smith, app. 8423, illegitimate son of Martin Murphy, but
              was recognized by Martin as his son, and 7 children.

This page created Sat Dec 21, 1996 by Jerry Wright Jordan