State of Minnesota } SS
County of Mahnomen }
On this 23d day of August, A.D. 1909, before me, W. K. Moorehead, Spec. U. S. Indian Agent, personally came Mayn-way-way-be-nace, who being first duly sworn by me according to law, on oath deposes and says:
Two years ago Mr. Waller of Waubun, Minn., came to my house for the trust patent of my original allotment No. 2321 for E2NE—Sec. 8, 144–40. This was hardwood timber. He gave me $20 cash. When he came he made this statement, “I have already arranged at the Court House to have you arrested, and have come over here to get your trust patent to take care of your land for you.” My wife, Ah-be-dah-sah-mo-quay, and my children, Antoine and Maggie (Mah-geed) were witnesses. Andrew Vanoss came with Mr. Waller as interpreter. Vanoss gave me whiskey and also presented me with a pint bottle of whiskey. Mr. Waller took the trust patent and handed me $20 in cash. As near as I can judge, my giving up the trust patent cancelled the obligations incurred in the mortgage referred to in the affidavit signed by my wife, Ah-be-dah-sah-mo-quay.
In the fall of 1908 I went to Mahnomen with the Trust Patent of my additional allotment No. 1702 for N2SW—Sec. 36—145–38. This may be timber land. I saw L. O. Johnson, of the Prairie Land Company. I sold the land to Johnson for $364. He did not ask any questions as to my blood relationship. I signed papers, my wife was present. Willie Brunette was interpreter. I was drinking at the time.
Three years ago Fargo and Peake of Ogema, Minn., came to my house and asked if I had any dead allotments to sell. I told them I had three: Naysh-kah-we-gah-bow, age 36 yrs.; Mah-co-day-we-gwaince, and Zo-zed, age about 4 yrs. Fargo and Peake said that they would take these three trust patents of the dead allotments to be probated. They also stated that when my grandchildren (who were also heirs) come of age they would pay the value of these allotments. This summer they paid me $130. This is all I have ever received. My wife and I signed papers. Willie Lufkin, was interpreter. I paid him one dollar ($1.00).
About the middle of June, 1909, I took the trust patent of my deceased grandchild, Simon Smith, to J. T. Van Metre of Mahnomen, Minn., to be probated. I have received no money. This was allotment No. —— for ——
The allotment of Naysh-kah-we-gah-bow was No. 2323 for S2SE—Sec. 2—144–41; of Mah-co-day-we-gwaince was No. —— for ——; of Zo-zed was No. 2326 for E2SE—Sec. 5—144–40.
His mark
MAYN-WAY-WAY-BE-NACE.