Date: Wed, 20 Nov 1996 10:33:59 -0500 (EST) From: ncreed 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 From: Waddie Salmon 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 From: Charles Dorian 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.