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Note: [James W. Sims Tree.ged] In 1983 Linda Melson of Bothell WA wrote: The information on this family is all pieced together f rom written records. I have made no personal contact with any descendant of Nancy Jane Davis Davis' brothers or sisters. To start with, my only knowledge was that Nancy Jane Davis married John Thompson Davis. After obtaining information from the Civil War records of James W. Sims - really his wife Salina's part of the records - I have enough information to believe the informati on here is correct. From Salina's records: "I had known him (John Thompson Davis, her 3rd husband ) many years before our marriage... ...He had previously married Nancy Jane Davis, a cousin of mine, and she died at Galena, (Stone Co.) MO......John Thompson Davis died at Eaudevie, Christian Co., MO. He was buried near the house of George W. Hayes......The wife of George W. Hayes was at the burial." Affidavits in Salina's records: "Mahala Davis - widow of Thomas Woodford Davis stated " She (Salina Sims) was a cousin of my late husband. George W . Hayes' wife was a cousin of Salina Davis Sims." From the Civil War records of Lucinda Davis Thornburg Penneman, people who gave affidavits: Francis M. Davis (Salina's brother), Mahala J. Davis, Sarah Ann Hayes, and Georg e W. Hayes . This established the relationship of "cousin" with Salina of Nancy Jane Davis Davis, Thomas Woodford Davis, and Sarah Ann Davis Hayes. I have not worked enough on this family to establish what degree (1st, 2nd, 3rd) of cousins these people were to Salina, but would guess 1st . Added "proof" came from Dosha Elizabeth Owens Graves, grand-daughter of Nancy Jane Davis Davis. First understand Mary E. Davis was only eight years old when Nancy died. Josha was only thirteen years old when Mary E. died. So this limited the amount of information passed down by family. Among Dosha's things was a picture dated 1913 - Lucinda Penniman age 70 and Sallie Ann Hayes age 68 years 3 month s 5 days. Dosha said they were Aunts on her Mother's (Mary E. Davis ) side and came when Mary was sick and died. (Sa lina Sims brought Naverett and Dosha dresses when Mary died.) Dosha had thought they were John Thompson Davis' sisters - but we have established John' s sisters. Also there was a postcard to Dosha calling her 'cousin' and saying "I wish you were here to go to church with Elmer and Ethel" signed Mary Sims. I have a copy of a picture of Elmer and Ethel Sims that Dosha's sister had. So all in all, I feel that the people I list in these records are the family of NANCY JANE DAVIS DAVIS. Salina DAVIS, daughter of William and Elizabeth HARP DAVIS, was born in Madison Co., AR on 30 Mar 1844. She married first, in Ozark, Christian Co., MO Charles M. WHELCHEL (W elchel, Whetchel, Wetchel) also know as Charles "WILKIE " a cousin, about 1864-65 by Squire Williams. Charles "Wilkie" or Welchel was at time of marriage a soldier of the Federal Forces. There are two physical descriptions which are at a variance. For Co. I 14th MO Cav was age 18 years, born Hickory Co., MO , a farmer, with black eyes, black hair, dark complexion, 6'1", enrolled 1 Apr 1865 as a pvt. On Oct 31 1865 was escorting a train to Indian Country. Records show he had former service in Co. B 8th MO SM Cav. For this service on 21 Feb 1862 he w as age 15, born in Newton Co., TN, resided in Hickory Co. , MO, was 5'5" tall, fair hair and blue eyes, was single , had a fair complexion. Discharged SO #14 AGO Feb 7 1863 a t Lebanon, MO. Charles Wilkie or Whelchel was an orphan who was reared by an uncle of the same name. This uncle was born, apparently, in Jefferson Co., IN, and resided in Hickory Co., MO . Discharged in Lebanon, MO. Salina Sims adds in her affidavit regarding her marriage to Whelchel (Wilkie) "We lived together about six years in Christian Co., MO near Highlandville MO and at Hermitage, Hickory Co., MO. We lived together last at near Highlandville, MO and he left me and went to Arkansas with Jasper ( Jap) Hayes and ther report came back that Whelchel was shot and killed while crossing the River. (Arkansas or Red River) Hayes came back nd reported the death of Whelchel." "He, Charles Whelchel (Wilkie) grew up in Hermitage, Hickory Co., MO and was reared by his uncle Charles Whelchel , dead, I suppose. No, I did not know said husband before the War. He had no parents, brothers or sisters, when I married him. He was not married before he married me. My maiden name was Davis. I have three brothers -- James Davis near Ponce de Leon, MO and older than I am; King Davis, Strait , Christian Co., MO; Tom Davis at Gonteer, Corteer ? MO. The uncle, Charles Whelshel had a store in Hermitage, MO in war times. He had a wife Lizzie. They had two boys named Sam and Audy. I know nothing of their whereabouts. Her maiden name was Blackwell. I don't know whether said uncle was a soldier. No, I never learned my said husband remarried again after leaving me. I was not divorced from Whelchel . Seven years observed in those days divorced people? I did not know Sarah E Whelchel of Hermitage, MO was drawing a pension as the widow of Charles M Whelchel, Co B 8th M O S. M. Cav. If so, I don' t think her husband was identical with my first husband. She may be the mother? wife of my husband's uncle Charles Welchel above mentioned. No, I never learned that said uncle lived in Taney Co., MO. I just heard that my first husband got shot while crossing some river, by whom , I don't know. I can't prove his death . I was 18 when I married him. I was older that he was about one year. I don't know of anyone who knew him at Hermitage, MO except his uncle and aunt above. He was known at Highlandville, MO by George Hayes and his wife, Wiley Hayes and my brother. One child, deceased, age 4 when Whelchel left. Salina Sims married second John Burrel Dobbs (John B. D obaon and Salina Wilchel married 21st of August 1873, both of Christian Co., MO by J. M. Bilyue JP. Record Book N o 1 page 219 ) "John Burrel Dobbs had a sister Mary and a brother Tom. His mother, give name not remembered, married a second time to a Mr. ___RI About one year following thi s marriage, John Burrel Dobbs went to Joplin, MO to work, and the report come back that he was killed with another man at a dance. He was shot and killed, by whom, I do not know. I was not with him when he was killed. I never went to see if the report of his death was correct. Lived near Kirbyville , Taney Co., MO house about 1/2 mile from Kirbyville. Dobbs moved to Ark. Salina Davis Welchel (Wilkie) Dobbs married third: John Thompson Davis in Pulaski Co., MO. I can't remember the date or year of our marriage. I had known him many years before our marriage and he had lived in this and Christian Counties (I think she means Stone County, but could be Pulaski ), MO. He had previously married to Nancy Jane Davis, a cousin of mine, and she died at Galena, MO before he and I married, but I can't state the date. John Thompson Davis died at Eaudevie, Christian Co., MO. He was injured by a horse and died of the injuries . I can't remember the date or year of his death. I was with him when he died. He was buried near the house of George W. Hayes of Highlandville, MO; and George W. Hayes hauled the body to the grave. No headstone or record of his death. The wife of George W. Hayes was at the burial. I don't know who the doctor was. John Thompson Davis was not a soldier. He had been dead 2 or three years before I married my forth and last husband. "I married James W. Sims near Highlandville, Christian Co., MO in 1885, Jan 18. He died 14 Oct 1906. The covering letter for James W. Sims' pension states: "The claimant is 74 years old, and is certainly the best preserved and most robust speciman of manhood I have seen at age of 74 years. He has been conveying the mail horseback and in a twowheeled surry until recently. James W. Sims was listed as a deserter and was mustered out April 18, 1865 with the remark that "all pay and allowances stopped from March 15, 1863 to August 15, 1864 because of desertion during that perio d." The proceedings of a general court martial show that he was tried for desertion and found guilty (confirming his plea) and sentenced to forfeit all pay and allowances during his absence. He refuted this by saying he gave himself up. Mary Jane Sims, daughter of Salina Davis Whelchel Dobbs Davis Sims, married Charles E Mosher of School, MO RFD 1 . On 11 May 1920, Charles E Mosher was age 36. Salina Sims died 12 Apr 1920. The funeral requirements were purchased from Baker and Likins of Hurley, MO for $90.30 of which $75 was for a casket. Additional notes: This file is contained in two enormous envelopes. I read more than two hours and did not begin to cover all the data in it. Almost all supporting affidavits also have files and these could be read. Marking affidavits were: Mahala Davis, widow of Woodford Davis or Thomas Woodford Davis, age 70 residing at 856 Myrtle St., Springfield, Greene Co., MO. He served in Co. C 48th MO Inf. Did not check this file at all. She states "She (Salina Sims) was a cousin of my late husband) Sarah E Whelchel, widow of Charles M Whelchel, she state, "My husband had a brother William who died before the Civil War and we raised his boy Charles Whelchel, Sr. Charles Whelche l was born in Indiana. Sarah E Whelchel lived in Big Cabin, Oklahoma with son-in-law John Skinner. Sarah A Bennet, of Dickens, Taney Co., MO., the widow of J. S. Bennett, says she knew the Whelchels, generally called "Wilkie" in Cedar Creek, MO in 1874. Sarah E. Bennet t was a sister of Marian Teague who married Ellen Whelchel , dau of above couple. The Whelchels had children named: Samuel Andy (Audy?), Ellen, Rose, Frank and Benjamin. Did not read this file. Nosh Skinner witnessed the signature or mark of Sarah E . Whelchel. Depositions JAMES W. SIMS, Wife #4 Salina Davis Whelchel (known as Wilkie) Dobbs, Davis, Sims Source: Affidavits in Pension file of James W. and Salina S ims, National Archives, Washingto n DC These are copies of depositions which contain data of special interest. No effort was made to obtain complete copies of the depositions, but rather of pertinent data. "On this 25th day of Sep 1913 at deponent's home, county of Christian, State of MO, before me N. B. Miller, a sp cial examiner of the Bureau of Pensions, personally appeared James M . Davis, who deposes and says: "Age 73 years. I am a farmer. PO Bengal, Christian Co., MO. The claimant (Salina Sims) is my sister, and was well acquainted with her last husband James W . Sims, and know he died at Ponce de Leon, MO near here a few years ago -- date not known about 7 years ago. She has not remarried since his death. She had been married three times before she married Sims, and I have seen all of her husbands. She was first married to Charles Wilkie in this county during the War -- Towa d the wind up of the war -- He belonged to the 8t h MO Cav or 8th MO SM Cav. I think the name was speled Welchel or Whelchel but people called him Wilkie -- He was a cousin of me and claimant and he was reared in Hickory County, MO by his uncle. I saw him in the service or I served in the 16th MO Cav Co C. Well sir, I don' t know what became of him. He was South some place and never came back. He and claimant lived near Highlandville, MO and some three years after the War left claimant. The report was that he and Jap Hayes went from here to Arkansas and stole some horses and Wilkie who was trying to cross the Arkansas.(Note there are three more pages to this depostion, but I only wanted the fact of the relationship of the Davises to Whelche l as cousins) Case of Salina Sims "On this 1st day of Oct 1913 at Dickens, County of Tane y, State of MO.personally appeared Sarah A Bennett.Deposed and says: "Age 57 years. I am the widow of J S Bennett, P O Dickens , Taney Co., MO. I once knew Charles M Whelchel - - generally called Wilkie -- and made his acquaintance at Cedar Creek, MO in 1874, the year I was married. Whelchel then had a family - a wife and several children. I was there and am now well acquainted with his widow Elizabeth Whelchel. We called her aunt "Liz" but I thing her full name is Sarah Elizabeth Whelchel . She was here visiting last fall. She now resides at or near Big Cabin, Oklahoma. She resides with her son-in-law John Skinner. Her maiden name was Blackwell as I have heard. She draws a pension. I was present when Charles M Whelchel died near Cedar Creek in thi s county, an d about 1878 as well as I can recollect. He died of pneumonia fever. After his death the wido w and child ren moved to Hickory Co., MO. My brother Marion Teague marr ied her daughter Ellen -- long after her father died. The Whelchels had children named: Samuel, Andy (Audy?), Ellen, Rose, Frank and Benjamin. I think Charles M Whelchel was about 50 odd years old when he died. I have no recollection of ever having known any other Charles M Whelchel or Wilkie -- and do not recall ever having heard of the Charles M (this affidavit also continues, but did not get copies made.) "On this 10th day of Oct. 1913 at Springfield, county o f Greene, state of MO personall y appeared Mahala Davis , who deposes and says: "Age 70 years. I am the widow of W oodford Davis or Thomas Woodford Davis, and am pensioned a s his widow for service in Co. C 48 MO Inf. P O #856 Myrtl e St. Springfield, Greene Co., MO. I formerly lived 2 1/2 m iles SE of Highlandville, Christian Co., MO and lived ther e from September 1865 up to recent time. I am well acquai n ted with the claimant Salina Sims and have known her from 1 865 onup to present time -- She was a cousin of my late hus band, and when I first knew her she was the wife of Charle s Wilkie , and they were then living about two miles sout h of Highlandville, MO and so resided until h e went of f a year or two years after I first made their acquaintance . He went off and never c ame back and some supposed he go t killed. George Hayes told me he believed Wilkie got kille d . Wilkie and Jap Hayes went off together and Hayes cam e back which Wilkie never did. I neve r heard Jap Hayes go t into some trouble and he believed Wilkie got killed. No , I never hear d that Wilkie was living after he had gone a way. He left the claimant near Highlandville, M O and she n ext married Burrel Dobbs, and I knew him and I saw them mar ried near Highlandville , MO by Jake Bilyeu, Justice of th e Peace. Date not remembered. Dobbs and claimant went fr o m about Highlandville, MO down south on White River, an d later she returned to her father Wil liam Davis near High landville. I never saw Dobbs any more, and do not know wha t became of him . No sir, I never heard he got killed a t a dance over about Joplin MO. I never new Dobbs's mo ther , brother or sister. Dobbs was much younger than claimant . He was a soft boy. Her third h usband was John Thompson D avis, and I knew him. He died in Christian Co., MO date no t known . He got in bad health and was carried to Eaugervi e Springs and died there the year Presiden t Garfield was k illed. "Her fourth husband was James W. Sims and she live d with him until hi s death, and has not remarried. I neve r knew her first husband to bear the name "Whelchel" -- -Wi lkie was all I ever heard him called. I am not interested . Statement read to me question s fully understood and I a m correctly recorded." Mahala Davis her mark. Witnesses: Eugenie Burris, Maggie Da vis Linda adds this at the end of the reports: There are probably 200 pages of data in two file folders on Sarah and James W Sims. I did not check the service records which would tell where he was born, etc. Hope to do that later. There are files indicated here which could be checked for additional data: i.e. Whelchel , Charles M Sr. t o see whether Charles M Whelchel's mother was a Davis or just who and how the cousin-ship comes in. (see file of Jame s M. Davis) [I don't have this. I do have a family o utlin e which I will be adding asap] Census records can be checke d, especially Nelson Co., TN records. Would Whelchel's mother have been a Davis or a Harp? The interrelationships o f th e various Davis families might also be checked for a lot of cousins, degree not stated, is gi ven here. Lucinda Sims stated that she knew Salina Davis and he r mother and they would borow her sp inning wheel. From these affidavits one can get some idea of the move ment of the William and Elizabet h Harp Davis family: Jame s M. Davis was born in Miller Co., MO; Salina was born in M adison Co ., AR; in 1850 they are in Carroll Co., AR. Joh n Thompson Davis seems to have been in Equalit y Twp., Mill er Co., MO in 1840, but William Davis has not as yet been f ound. Springfield MO., 11 Oct 1913 Hon. Commissioner of Pensions, Washington DC Sir:--- "I have the honor to return all papers and submit my re port in the above entitled claim , referred for examinatio n to determine legal widowhood, how often claimant and sold ier wer e married, and how each marriage was dissolved, an d what service her former husbands rendere d &c. "I calle d on the claimant and served her with notice, and fully exp lained all her right s and privileges, all of which she wai ved, and was not present and represented during the exa min ation. "Claiment is illiterate and very ignorant about matter s of business, but she bears a goo d reputation for truthfu lness and chastity among those who have known her for man y years. Al l the witnesses are rated good for truth. "It appears that the claimant and soldier had each bee n previously married three times, a nd the testimony herewi t show that soldiers first and third wife died, while the s econd divor ced him. Claimants first husband, Charles M. Wh elchel, generally called Wilkie, whom she marr ied at Ozark , MO about 1864, left her at near Highlandville, MO about 1 867 or 1868 with on e Jasper Hayes and supposed to have go ne to Arkansas, and it is generally believed that he an d H ayes stole some horses and were pursued, and Whelchel or Wi lkie was shot and killed whil e trying to make his escape b y swimming the river (Arkansas) and Hayes returned to Highl andvi lle, MO., and now lives at Mill Creek, Johnston Co. , OK and he could no doubt clear up the my stery surroundin g death of first husband. He is a pensioner, and the Examin er can impress hi m in such manner as to get what he know s about the death of Whelchel, whom he may have know n as W ilkie. After he is seen, then further examination can be ma de at and about Ozark, Frank lin Co., AR, using the data gi ven in the Deposition of Emanuel Choate of this report as f ollo ws: 'Marion Cannon, old man McWorter, Jim and Ben Pendergra ss, B. Belt, a lawyer Felton, als o William B. Choate of Mi lton, Le Flore Co., OK would likely know as much as any o f the other s as to the death of Whelchel, as he was a so n of old man Choate. He can also name two sister s in his l ocality who were at home with their father at the time Ja p Hayes and Whelchel staye d all night at their home! Thes e parties could be seen when Hayes above named is seen, an d th en it may not be necessary to send case to Arkansas.' "As to the marriage records at Ozark, MO, I learned the y were destroyed in the latter par t of the war, and the ol dest date back to December 1865. Consequently, no record o f claimant s marriage to Whelchel. "As to her second husband, John Burrel Dobbs, she say s she married him at Ozark, Christia n Co., MO same place w here she had married Whelchel, and a search of the marriag e records sho wed that John B. Dobson and Salina Wilchel we re married on the 21st day of August 1873, bot h of Christi an Co., MO by J. M. Bilyue, JP. Found in Record Book No. 1 , page 219. The Index s aid record has the names 'Dodson, J . B. to S. Wichel'. "I am satisfied that this marriage re c ord refers to the marriage of claimant and Dobbs, and I c ould find no other that would fit. C laimant says she and D obbs lived together a short time and while they were livin g near Kirbyv ille, Taney Co., MO with his Mother, Brothe r and Sister, he went away in search of work and w as repor ted to have been killed at a dance at or near Joplin, MO. S he was unable to refer t o any one who knew of his death. C orrespondence with Post Masters at Joplin and Kirbyville f a iled to elicit any information. (See Exs. B & C) "Claimant says that her first husband was reared by a n Uncle of the same name, Charles M Whelchel, at Hermitage , MO and she named the wife of the elder Whelchel as Lizzie , and maiden name as Blackwell, and this fits the pensione r Sarah E. Whelchel, Ctf. No. 370 469 whose papers are here with, and whose service is given as Co. B, 8th Mo. S M Cav . Claimant stated that her first husband was a soldier in s aid Co., and Regt. when she married him in Ozark , MO. Sh e did not know that the Uncle was a soldier, and says he wa s a Merchant when she saw him in the latter part of the wa r at Hermitage, MO. "I wrote to the Adjutant General of Mis souri to know whether the records showed more than one Whel chel served in Co. B. 8th Mo. SM C av. and append his repl y showing two men of that name; and both were discharged i n 1863 on S . O. Claimant showed me an Army discharge of he r husband for Co. I 14th Mo. Cav. showing serv ice from Apr il 1st to Nov 17, 1865. "The pensioner, Sarah E. Whelchel, resides near Big Cab in, OK and should be seen in orde r to clear up this matte r fully. She is said to live with her son-in-law John Skinn er. "Further examination is recommended in accordance wit h above suggestions, beginning wit h Jasper Hayes, Mill Cre ek, Johnston Co., Oklahoma. signed N. B. Miller, special examiner" "Muskogee, Oklahoma, January 31, 1914 "Commissioner of Pensions, Washington DC "Sir: -- "I have the honor to return, herewith, together with m y report, all papers in the above c ited claim, the same ha ving been referred to me for further examination as to lega l widowhood . "I submit, herewith, the depositions of Jasper Hayes an d Sarah E. Whelchel. Jasper Haye s was unduly agitated whe n I secured his deposition, and I am rather inclined to bel ieve tha t he knows more about the disappearance of Charle s Whelchel alias Wilkie than he told me. I a m more incline d to believe that he killed the man himself, than that he w as killed while ende avoring to escape with stolen horses . However, I believe that this point has been sufficient l y elucidated. I addressed letters to Mrs. G. W. Howell, S tuart, Oklahoma and James Pendergras s, Mulberry, Ark., but , not having received replies to date, I will not hold cas e longer. "There is no data to date upon which to base recommenda tion for further examination as t o fact and date of deat h of the second husband, John Burrel Dobbs (or Dodson) and , I am recom mending consideration of the Chief of the Boar d of Review. "Note report of A. G. secured by me, and Postmaster rep lies. signed Wm. L. Bowie, Specia l Examiner." "On this 27th day of December 1913, at Mill Creek, coun ty of Johnston, State of Okla., before me William L. Bowie , a ....personally appeared Jasper Hayes, who.....deposes a nd says: "I am 72 years of age, past; postoffice address, and re sidence, Mill Creek, Okla. I draw a pension on account of s ervice in Co. H 16th MO Cav. I knew Charles Wilkie in Chris tian Co ., MO and I left Missouri with him not long after t he War, the exact year I do not recall , - it was perhaps a bout 1866 or 1867. We went on down through Arkansas, and w e finally reach ed the home of Mr. Choate, up in the mounta ins from Ozark, we stayed all night with him. We w ent on n ext morning to Ozark, and we worked on the new court-hous e building one day. We the n went on to Ft. Smith, Ark. an d he enlisted in the Regular Army there, and wanted me to e nli st with him, but I would not. I left the next morning a nd went back to Missouri. I heard afte rwards that he deser ted, and that they persued him and killed him. I heard som e soldier, I ha ve forgotten who, say that. No, sir he wa s not killed swimming the Arkansas River with me. Th at sto ry about us stealing horses, and he being killed, was inven ted up there in Missouri. Th at wife of his even accused m e of killing him. I have told you the truth about this, bec aus e I know that it means a good deal to this woman who i s claiming pension. I have heard this s tatement read; I ha ve understood the same; and you have correctly recorded m e herein. sign ed Jasper Hayes, deponent." On this 20th day of January 1914, at Big Cabin, count y of Craig, state of Okla, before m e William L. Bowie, per sonaly appeared Sarah E. Whelchel, who, being duly sworn, e tc. depose s and says: "I am 81 years of age this year, -according to the wa y I figure it, although I haven't an y record of my age . I live here in Big Cabin, Okla. with my son-in-law John S kinner. I dra w a pension as the widow of Charles M. Whelch el, who served as a private soldier in Compan y B 8th Mo. S tate Militia Cavalry, Civil War. He served about a year an d a half, it seems t o me, but I cannot state positively, a nd he enlisted the first part of the War, but I canno t sta te the year. He was only in that one company during the Civ il War, but he served durin g the Mexican War. He was abou t seven years older than myself. He died in 1877, and was f ifty -one past at that time. He was born in Indiana. He wa s six feet five inches in his sox feet , and weighed abou t two hundred pounds. He had blue eyes and black hair. My h usband had a bro ther William who died before the Civil War , and we raised his boy, - Charles Whelchel. Charle s enlis ted in the same company with my husband in the Civil War , - the Company above named, a nd he served for some time t herein, but I do not know how long. I do not know whether h e serv ed in another company during the Civil War. He was o nly about 19 when he enlisted in the abov e company, and h e enlisted about the same time as my husband. He married du ring the War, bu t I do not recall the name of the woman. H e had only one child by her, and they lived in Chri stian a nd moved to Hickory Co. for a short time. That was in MO. H e never had but the one wif e that I ever heard of. He lef t Missouri within two or three years after the war and som e ma n told me afterwards that he had enlisted in the 'Sta nding Army' and that he had deserted an d had been put in p rison for it. It was down in Arkansas some place that he wa s in jail. It w as a man named Tom Hanford, who lived nea r Hermitage, Hickory Co., MO who told me about it. H e sai d that he had seen Charley in prison, and had talked with h im. This must have been a fe w years after the war that h e told us about it, - can't say positively now, it has bee n too l ong. That was the last I ever heard of him. No. , I never heard that he was killed while tryi ng to escap e from prison, or while stealing horses. I guessed perhap s they had shot him for d eserting as he never came back, b ut it was simply a guess about it. I don't know about his r e latives..I don't know whether Charley's wife remarried ; I lost track of her. I have always be en commonly calle d "Wilkie" but it was for short, and it is not the correc t name. I have hear d this read; I have understood it; an d you have correctly recorded me herein. signed Sarah E . W helchel, deponent, her mark. Attested to by Noah Skinner (o nly one person present)" State of Missouri, County: Christian. On this the 11t h day of January 1913 personally app eared before me Claud E. Hilton, a notary public within and for the State of Missouri, County of Christian, George W. Hayes and Sarah A . Hayes and upon their oathes depose and say tha t they wer e personally acquainted with John Davis, former husband o f Salina Sims and know tha the died prior to the claimant's marriage to James W. Sims. signed George W. Hayes, his mark ; Sarah A Hayes, her mark" Divorce of James W. Sims and Lucinda Sims is recorded in Circuit Court Record "B" at page 306. James W. Sims carried the mail between Ponce de Leon in Stone Co., and Ozark in Christian Co., MO. Dr. Wade was attending physician at death of James W. Sims. Salina Sims continues her depostion with these statemen ts: "There is something about his conduct (Whelchel) which I have withheld. It was reported that he and Jap Hayes joined a clan of thieves and were gathering up horses, wagons, etc and the citizens got after them, and Whelchel and Hayes put into the River to make their escape, and Whelchel was shot dead in the River. I saw Hayes after he came back and he had a horse. He had none when he went away. He and my husband left our home on foot. I don't know whether in Arkansas or Missouri was the name of the River where he was killed. I say Jap Hayes 3 years ago when he was in here on a visit from Texas. Wiley Hayes, Highlandville, MO is a brother and may know his address in Texas. Jap Hayes told me my husband had joined the Army at Little Rock, Ark . No, he never at any time told me Whelchel was killed. I can only think of one man who may be able to tell where Whelchel was killed and I refer to Mar? Shoat (Choate), near Spokane, MO. His people lived down in the country where Whelchel was killed as I have learned. There is also an affidavit in file of Emmanuel Choate whose father Iredell Choate had lived near Ozark, MO and then moved to Ozark, Arkansas
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