AFAOA Project Native American Case #22
Notes for Thomas J. Austin 1868/1936 from the AFAOA Native American Compiler, Helen Austin
NAME: According to family testimony, Thomas middle initial J. stood for Jacob. Source:Patricia Emser.
NOTE: Dawes Roll - Cherokee, Tom J. Austin is listed as the husband of Sarah Rogers. Thomas J. Austin (Case 22). This white man is not on the DAWES ROLL. However, his second wife and children are listed as Cherokee Indian on the 1910 and 1920 U S Census. It is their Cherokee heritage that has been studied here in relation to Sarah Rogers Austin. ThisThomas J. Austin was the son of John Marcus Austin b 1837 Stanly, NC, d 1919 Sequoyah, OK. He lived on and farmed the U. S. Government allotment of land that belonged to his wife, Sarah, while he lived with her.
March 2013 by compiler, Helen C Austin per request of firstname.lastname@example.org on Nov 12, 2012. She was certain that her Thomas J. Austin b. abt 1872, d. 1936 who married Sarah Rogers was also the same person as the Thomas J. Austin whose first wife was Frances H. Russell. Additional research was done by this relative and compilers, Helen Austin, Liz Carlin and Richard C. Austin and the following proofs were offered for a linkage of the person on the Native American Database to the William and Ruth of NC Database.
July 2013. A note with the following testimony, from wife of Lee Roy Austin, which is in possession of descendants of Inola Austin Cooper (Paul and Carl Cooper). Mrs. Austin noted that Lee Roy was said to be part Indian and was raised by his older sister Elsie.
ANCESTORS: See the website www.afaoa.org for the Database of William and Ruth Austin of NC,
compiler Richard C. Austin. The parents of Thomas J. Austin were John M. Austin and Rebecca
Cagle, originally of Stanly Co., NC, who both died in OK. A descendant of Thomas J. Austin
participated in the AFAOA DNA Project and found a match of DNA with the descendants of William and Ruth Austin of NC.
MARRIAGE: WIFE 1: MARRIAGE CERTIFICATE: Arkansas, County Marriages, Atkins, Pope, AR. Thomas J. Austin m Frances H. Russell 24 Mar 1893 in Franklin Co., AR. FHL Film 1034245. Wife 1 became terminally ill with Pellagra and was institutionalized. She died at Wybark, OK.
WIFE 2: MARRIAGE CERTIFICATE: #273. Northern Dist. Indian Territory, U. S. A. Tom Austin of Pryor Creek, I. T. age 28 married Sarah Rogers of Pryor Creek, I. T., age 23. Witnessed on 27 Apr 1905 Inez Davidson and J. C. burgess, Deputy.
DIVORCED: from Sarah Austin about 1917-1918. See District Court record for Mayes Co., OK.
BIRTH-DEATH: Findagrave.com, Greenhill Cemetery, Muskogee, OK, Thomas J. Austin b 1865- d Aug 31, 1936. Memorial Inscription & photo, Memorial #83891853. His first wife, Frances was buried next to him, although she died in Wybark, OK. The following notations are from Trish Emser, the daughter of Leroy Austin, dated February 2013. Thomas J Austin - record of funeral, from Ledger #1914, Yearly No 204.
AGE-CENSUS: Thomas' birth year varies from 1866, 1868, in 1870. 1880, 1900 Census; 1868,1869, 1872, 1876, 1877 in 1910, 1920, 1930 census. On the school records of his child in 1912 his birth year would be 1876.
CENSUS: 1900 U. S. Census, Muscogee, Creek Nation, Indian Territory, 5 Jun 1900, Second St. Dwelling 100, Family 105; Thomas J. Austin, 34, head, w, m, Nov 1865, married 7 years, NC, NC, NC, photographer; Francis, 23, wife, w, f, Jun 1876, married 7 yr., 3 ch., 2 alive, AR, NC,GA; Delbert 6, son, AR; Elsie 1, dau, OK.
CENSUS: 1910 U S Census, Mayes Co, OK, Rider Twp 21 Apr, p 273, Fam 161. Tom Austin 38, m, w, KY, VA, VA; Sarah Austin, 29, wife, Indian, Cherokee, Cherokee, Cherokee; Lucinsia 6, dau, Indian, Cherokee; Lacy, 2, son, OK, KY, Cherokee.
CENSUS: 1920 U. S. Census, Tullahassee, Wagoner Co., OK, Feb 2, Page 239-210-339.
Thomas J. Austin 51, head, widower, b NC, NC, NC, farmer; Elsie 19, dau, single, AR, NC, NC, farm laborer; Inola 17, dau., single, b. OK, farm laborer; Roy 8, son, single, b. OK, farm laborer. (Note that the son named Roy, was actually Lee Roy b 1911. Thomas had a sweet potato farm in Wagoner Co. His home in Wagoner burned down between 1912 and 1920. Source is the testimony of Temser).
CENSUS: 1920 U S Census, Mayes Co., OK, Rider Twp, 20 Jun, p 287-288, Dw 83, Fam 83.
Tomas J Austin, 52, head, rents, married, white, KY, farmer; Sara 37, Indian, OK; Lucinda 16, dau, Indian, OK; Lacy 12, son, Ind, OK; Luke, 7, son Ind OK; Beatrice dau, 2 10/12 Ind, OK.
RESOLUTION OF CONFLICT! In Feb of 1920 Thomas, a widower, is listed as living on a farm in Wagoner County with some of his children. Then, several months later, on 20 Jun 1920, he was living in Pryor, Mayes County with his second wife, Sarah and three more children, although their divorce was applied for in 2017-2018. Note that in 1930 T J lived as a renter on Sarah's land allotment farm, with Sarah's children and her mother.
DIVORCE:Sarah Austin, Plantiff, vs. T. J. Austin, Defendant, filed 31 Aug 1917. # 1617.Pryor Creek, Mayes Co., OK, date 1918. Copy of records in possession of Trish Austin Temser of Tampa, FL in Dec 2012. T.J. Austin divorced Sarah Rogers Austin in 1917-1918. Note that by the time he divorced her, he was calling himself TJ - which was his nickname. Sarah also filed a restraining order against him, and many events of the marriage and facts are documented in these legal papers.
Stating in the Petition: .."legally and lawfully married at the town of Pryor, Oklahoma, and have ever since said time been husband and wife, and that of said marriage there were born three children who are of the ages hereinafter set out to wit: Lacie Austin age 9 years, Buck Austin age 5 years, and Beatrice Blanche Austin age 6 weeks; that said plaintiff has one child by a former marriage, Lucina Rogers now of the age of 14 years.)
Additional source: Motion to modify order, District court of Mayes County, OK, No 1617, Sarah Austin Plaintiff and T.J. Austin Defendant: "Comes now T.J. Austin, defendant, and respectfully show to the Court that on August 30, 1917 he was served with a restraining order…restraining him from disposing of certain property and from occupying the prospering belonging to said plaintiff, that is, her allotment. Said defendant would show to the Court that he is a «u»farmer and as such has been and is now living on the allotment of said plaintiff where they have made their home from more than one year last passed;«/u» that said defendant and his two minor son are now living on said property and that said defendant cannot at this time find another farm to which he can move and take his property; and that he has no place to take his boys and no furniture or other stuff and is not prepared to properly take care of them unless said order be modified. That said plaintiff left the home of this defendant of her own free will and accord and not at the suggestion of this defendant; that she is now living with her mother and has been from some time passed, so this defendant is informed and believes. That this defendant has a crop of her said property, which he should be allowed to gather and preserve. This defendant would further show to the Court that he has already sold and disposed of the horse stock mentioned in her petition for divorce and the restraining order, that he did so with the knowledge and consent of said plaintiff, more than 30 days prior to the filing of her said petition."
WHEREFORE defendant prays this honorable court for an order modifying said restraining order in this, to-wit: That he be allowed to remain on said premises such time as this honorable court may deem reasonable and that said order be so modified at once; that he be allowed to gather and take care of the crops on said premises.
He further prays that he be allowed the collect the money due him from the parties to whom said property has been sold; that said property is mortgaged and that he be allowed to apply said money on the payment of his debts, which has been incurred for the living expenses of the parties hereto and in the improvement of the allotment of said plaintiff.
CENSUS: 1930 U S Census, Delaware Co, OK, Beaty Twp 4, Apr 12-14, p 86, Improved Dirt Rd. Dwelling 100, Fam 101. Tom J. Austin 53, rents, divorced, KY, NC, KY, logger, hauling; Lacy Austin, 21, m, Ind. OK, mixed blood Cherokee, laborer, lumber mill; Beatrice Austin, 12, Single, OK, mixed blood Cherokee; Sally Sapsucker, 40, f, Ind. Servant, Divorced, b OK, full blood; Eva Littledove, mother-in-law, f, Ind. age 65 widow, OK, Full blood Cherokee.
Note: By the compiler. The mother of Sarah, the divorced wife of Tom J. Austin, is proven by the Dawes Roll to be Eva Littledove Rogers O'Fields. Eva appears to be living with Tom in 1930. Clearly, this is the same Thomas J. Austin who was once married to Sarah Rogers Austin.