Date: Wed, 20 Nov 1996 10:33:59 -0500 (EST)
From: ncreed <ncreed@pop.erols.com>
Subject: Compilation #46 - Burnett-Turner-Ross-Via-\Etc/Etc
20 Nov 1996
Greetings to Everyone, especially the new folks,
More emails arrived last night or early this morning.
Looking forward to hearing from everyone.
Can't wait to check out Waddie's homepage.
Nyla
================================================================
Date: Tue, 19 Nov 1996 17:23:27 -0800 (PST)
X-Sender: waddie@earthlink.net
To: ncreed <ncreed@pop.erols.com>
From: Waddie Salmon <waddie@earthlink.net>
Subject: BURNETT FAMILY
HI CUZINS!!!,
Since the end of June I have been working on my home page and
have put a LOT of hours into it. When I started I couldn't even
spell HTML much less do a home page! I finally got it lookin'
fairly good.
Today I completed the BURNETT file and linked it to the front of
my page! When you click on the name BURNETT it will take you to
that file. It starts with my Grandma - Augusta Frances Burnett
and works back to my G-G-G-G-G-G-G (7X) Grandpa, John BURNETT I.
All the basic information is there. Soon as possible I'm going
to add a lot more dtetailed information.
Take a good look at my page as I TRY and find the very best links
possible and do not just load my page with links.
Hope to hear from all my cousins. Any question, problems,
suggestions, etc. PLEASE feel free to tell or ask me! I'm MORE
than willing to lend a hand.
Waddie
Waddie "Bos'n Mate" Salmon
BM1 USN RET.
SALMON FAMILY TREE
http://www.geocities.com/Heartland/3348/
================================================================
To: ncreed@pop.erols.com
Date: Tue, 19 Nov 1996 20:30:14 PST
Subject: scburn2: How did they know who stake what - OK Land Run
From: scburn2@juno.com (Sharon E Crawford)
--------- Begin forwarded message ----------
From: scburn2
To: hariji@sirius.com
Subject: How did they know who stake what - OK Land Run
Date: Tue, 19 Nov 1996 14:00:39 PST
Message-ID: <19961119.143056.2870.0.scburn2@juno.com>
To: hariji@sirius.com
Subject: How did they know who stake what - OK Land Run
Date: Tue, 19 Nov 1996 14:00:39 PST
Message-ID: <19961119.143056.2870.0.scburn2@juno.com>
John J. Burnett
born: Jan. 10, 1842, KY
died: July 15, 1927, OK.
Wife: Nancy B. Hutz
born: March 13, 1844, KY
died: June 3, 1894, OK
Father: Cornelius S. Burnett
Mother: Nancy A. Wallace
John J. Burnett was a descendant of John and Lucretia
Burnett of VA John enlisted in the Civil War August 1863, Co.F.
48 KY Inf. and was discharge Dec. 19, 1865 in Bowlingreen, KY.
By 1870 he had moved to Osage Co. KS and later to Sumner Co. KS
were he lived until moving to OK May 1889. The following article
was found in the Oklahoma City, OK Territory Newspaper.
OKLAHOMA LAND RUN
BURNETT vs TERRELL
This land contest case was so hard fought, the testimony in
many cases being directly contradictory that the secretary's
finding will be of general interest. County Attorney J.L. Brown
was attorney for the plaintiff and fought stubbornly every inch
of ground.
February 16, 1895
John J. BURNETT
vs
Rueben H. TERRELL
To the Commissioner of the General Land Office.
Sir: - The plaintiff in the case J.J Burnett vs R.H. Terrell
appeals from your office decision for Nov. 12,1892, involving the
sw 1/4 of Sec.26, T.12 N, R. 3 W., Oklahoma land district,
Oklahoma territory, wherein the defendant's homestead entry is
held intact and plaintiff's contest is dismissed.
Said plaintiff also appeals your office decision of April
22, 1893, in said case, wherein you overrule his motion for the
review of said case.
Burnett's contest affidavit avers that he " was the first
actual settler on the land and he made settlement on the 26th day
of April, 1889, and it is not questioned but that his settlement
on the 26th was of such open, visible, and notorious character as
constituted notice of all comers.
Terrell claims to have gone upon the land after noon of
April 22, 1889, and to have performed certain specified sets of
settlement, among which he claims that he had begun to dig a well
(where his well was afterwards completed;) that he spaded up a
piece of ground about 25x75 feet, that he slept there all night
and the next day put up a tent made of a wagon sheet stretched
over a pole, and dug a hole and set a pole squared at the top
with his name on it; that he left his tent and digging on the
26th and went to GUTHRIE to file on the land.
There is no dispute as to the settlement of Burnett on the
26th and the only question is whether Terrell made settlement
before that by such acts as would operate as reasonable notice to
others of his occupancy, with the intention to enter the land.
The evidence covers about 1000 type written pages and is
unnecessarily voluminous and irrelevant and very conflicting. In
your office decision of April 22, 1893, overruling Burnett's
motion for review, it is said:
Under the rule established in the case of Kelley vs
Halvorson (6L. D.225,) the decision of the local officers in this
case is entitled to special consideration as the evidence herein
is of a conflicting character.
The record in this case shows that the rule has no possible
application here, as the local officers were not present to hear
the evidence and observe the demeanor of the witnesses while
testifying, but they swore the witnesses and sent him into
another room while the evidence was given before the type writer.
When objection was made the attorneys went before the
officers, argued it, and then returned to the room where the case
was being heard.
It appears from the affidavit filed with the case by the
attorney for Terrell that the local officers did not even read
the testimony after thus taken, but authorized the clerk to
consider it and write their findings which they signed. Their
opinion under such circumstances, is not entitled to "Special
consideration" as laid down in Kelley vs Halvorson (6. L.D.225).
A very strong claim is made by each side that a gross
perjury has been committed by the witnesses for the other, but
much of this may be reconciled by simply explaining that the
things related actually took place, the witnesses simply being
mistaken as to the date.
Terrell doubtless did go to the land on the 22nd or the 23rd
and possibly slept on the ground that night, with his wagon cover
folded under him, and he may have had a surveyor run the west
line of the tract on the forenoon of the 23rd, but did not start
the well, put up a tent, spade a piece of ground, nor set a post
on the top of the hill with his name on it, until after Burnett's
settlement.
Without undertaking to commit seriatim on the numerous
witnesses, it is sufficient to note a few of the most salient
points on which Terrell's case must rest.
Terrell says he started the well on the afternoon of April
22, by spading a hole three or four feet across and one and a
half deep, where he afterwards sunk a well to its full depth, but
two men who finally dug the well as also other witnesses and
bystanders, when the well was dug - testified that no such hole
was there; that they located the well by a witch-hazel root and
started the well from the surface of the ground, having to cut
away the branch and dug up a stump from the surface of the
ground, and this digging was admitted to have been some time
after Burnett's settlement.
A tent could not have been at the place Terrell says he put
it on the 23rd, 24th, 25th and 26th, and escaped the observation
of the various witnesses who were each upon those dates looking
over this land for the very of discovering any signs of
settlement.
Mere passersby over the land who said that they did not see
any tent or any well started, or any spading done, would be only
negative evidence that could not out weigh Terrell's positive
statement, and those of several other witnesses but when about
twenty men who were hunting over that tract for any appearance of
settlement failed to see what the evidence and the photographic
views of the land show must be conspicuously visible a long way
off swear that they were interested in finding such tent, and
that no such marks were there - that is positive evidence.
Such a tent as Terrell describes at the point he says he
erected it would have attracted attention a half mile away. The
witnesses who testified that no tent and no well and no spading
were there before the 27th, saw all other camps and tents in the
vicinity and many of them gave conclusive reasons for knowing why
no such things were there before Burnett's settlement.
The evidence of Gresham, Brown, Dean, and nearly a score of
others is positive that no visible marks were there before
Burnett stretched his tent and occupied the land.
The evidence shows by a clear preponderance that the only
acts of settlement of Terrell prior to the 26th were that he
perhaps caused the west line to be run, which act could easily be
taken as having reference to the land west of this tract.
This was not enough to operate as a settlement and notice to
other settlers seeking homes.
A careful consideration of the evidence shows by more the a
mere preponderance that the contestant, BURNETT, was the first
settler and should be allowed to make homestead entry of the
land.
An additional motion for rehearing has been filed on ground
of newly discovered evidence, supported by a number of
affidavits. The defendant filed also a number of counter
affidavits which are all simply to the effect that his reputation
for truth is good in that community.
In the view of the case here taken it is unnecessary to pass
upon either of Burnett's motions for a new trial.
Your office decision is REVERSED. Terrell's entry will be
canceled, and BURNETT'S entry ALLOWED.
Herewith are returned all the papers.
Very Respectfully,
(signed) Hoke Smith, Secretary
--------- End forwarded message ----------
============================================================
SHARON: THANK YOU FOR TAKING TIME TO TYPE THE ABOVE INFORMATION.
THAT IS A GREAT FIND. NYLA
===========================================================
X-Sender: cdorian@accessone.com
Date: Tue, 19 Nov 1996 20:11:51 -0800
To: ncreed <ncreed@pop.erols.com>
From: Charles Dorian <cdorian@accessone.com>
Subject: Re: Burnett lines
Hi Nyla,
I have been trying to get in touch with N4JED@aol.com. I believe
he is David R. Jones, Jr., of P.O. Box 647, Vinton VA.
24179-0647.
I have sent him two e-mails but have not had a reply. I have not
been able to find a telephone number for him. Do you have any
idea of how I can talk to him? I need to confirm some source
information.
Thanks, Charles
Charles Dorian
email: cdorian@accessone.com
3521 255th Lane SE #19
Issaquah, WA 98029
============================================================
From: JJKALI@AOL.COM
Date: Tue, 19 Nov 1996 21:36:51 -0500
To: ncreed@pop.erols.com
Subject: Re: Compilation #44 - Burnett-Turner-Ross-Via-Etc/Etc
Hi Chris: All of my anc. are from the Northern Turner's,
Northeast Region (MA, CT, VT then NH). I will be glad to send
you what limited information I have. If you want this let me
know. I am stuck on Elisha Turner I, VT, CT or MA cannot locate
date or place or birth and then I dead end. Let me know.
June Turner Kalipolites
=====================================================
The end of this compilation.