A Tree In Athens
That Owns Itself
by
Richard E. Irby, Jr.


The Tuesday morning August 12, 1890, edition of the ATHENS WEEKLY BANNER had a front page story about a Tree in Athens that not only owned itself but also all land within eight feet on all sides. The article included a copy of the deed of conveyance recorded at the courthouse except for the legal description of the location which was replaced by "(giving location)".

The deed was signed by W.H. Jackson who was identified as Col. Jackson. The Tree was identified as the magnificent oak in front of the residence of Major Stanley. Jackson was reported to have not only owned the land on which the Tree stood but to have watched the Tree grow from his childhood. The story was repeated in the Centennial Edition of the Athens Banner in 1906.

A story in the August 11, 1906, Atlanta Constitution datelined Athens, Ga., August 10.-(Special) described the erosion of the soil around the Tree and reported that George Foster Peabody, (Peabody Hall), was paying to have a granite post and chain fence placed around the Tree, rich soil spread over the roots and a tablet placed with the history of the Tree inscribed. An article in the September 6, 1961, Banner-Heraldby Sanders Carter attributed the marble tablet to Col. William H. Jackson and gave the date of placement as 1820. According to Coulter a 1935 bulletin issued by the United States Department of Agriculture entitled Famous Trees reported a deed dated 1820 as being recorded in the Town Clerk's Office. The deed has never been located.

The Tree was supposed to have been severely damaged during an ice storm in 1907. Apparently no action was taken until rot had set in and then the surgeons were summoned in an attempt to revive the Tree but the damage had been done. An Atlanta-Journal article in 1937 reported the sad state of the Tree and predicted an early demise. The Tree, however, was left to die of roof infection, heart rot and fungus.

The mighty White Oak (Cuercus Albus) finally succumbed to the ravages of time on October 9, 1942, during a raging wind storm. The story soon arose that the Tree had fallen on a calm night. Credence was given to this story by Coulter's statement that the Tree had fallen of its own volition..

Harvey Scobel's article in the October 11, 1942, Athens Banner-Heraldomitted reference to the weather due to wartime restrictions on publishing weather information. Scobel did, however, flesh out the story by having little William Jackson hurrying home from school every day to shoot marbles beneath the shade of his best friend, the spreading white oak Tree.. Scobel also quoted Mrs. J.C. (Laura Rutherford) Hutchins as remembering her father urging Cousin William to cut the Tree down because it blocked the road.

Colonel Jackson had not lived on Dearing street since 1832 and was 73 old years when Mrs. Hutchins was born. Scobel, however, correctly located the Tree in the University Botanical Gardens in the 1850's. When the souvenir hunters had finished, Jack Beacham, the city engineer, had the site cleaned and according to reliable sources replaced the diseased soil with fresh top soil.

Coulter also reported that the current Tree was planted on October 9, !946, the anniversary of the demise of the original Tree. An October 11, 1946, Athens Banner-Herald article, however, reports the matter as still being under discussion. James Lay complained at a Rotary Club meeting on October 10 that Athens had only two items of interest, Charley Trippi and the Tree. The Tree was dead and Trippi was leaving.

Tom L. Horne ran as a candidate from the Third Ward with one of his planks being the replanting of the Tree. Horne withdrew before the election but continued to advocate replanting the Tree. This article got the weather right and mentioned the storm several years ago. By December 5 The Banner-Herald had changed several years ago to about six years ago. The September 6, 1961, Athens Banner-Herald article by Sanders Carted finally referred to the wind storm.

The October 11, 1946, Athens Banner-Herald article reported that Miss Moina Michael had planted a: descenent, sic, of the famous tree on the Coordinate College Campus with the intention of having it transplanted to the original site when the parent tree died.

Miss Monia's candidate was disinherited in favor of a candidate advanced by Captain Jack Watson. Captain Jack's candidate was duly planted by the Junior Ladies Garden Club, christened by His Honor Mayor McWhorter and Blessed by Dr. Hill, pastor of the First Presbyterian Church, on December 4, 1946. Reliable sources report that the current Tree is diseased at the young age of fifty-one while its illustrious ancestor according to the Athens Banner-Herald October 11, 1946, was more than a hundred years old when it fell.

Apparently young William was as tall as the Tree when he shot marbles under its spreading branches. The author of Historic American Trees estimated the Tree to be about 350 years old in 1922 and reported the deed was filed about a century ago."The December 5, 1946, article in the Athens Banner-Herald also changed the date of the original story from August 12, 1890, to August 10, 1890.

In any event, the new Tree was duly planted by Roy Bowden of the College of Argiculture and students of the Department of Horticulture, christened by the Mayor, blessed by the Presbyterians and a small copper plate, courtesy of C.B. Brazell, was fastened to the original marker explaining the action taken.

As soon as the dirty work was out of the way, the Ladies of the Garden Club and Mayor McWhorter had formal planting pictures taken for publication in The Banner-Herald.

The Garden Club of Georgia awarded a Civic Achievement Citation in 1953 to the Athens Junior Ladies Garden Club for their heroineic efforts. No mention was made of Tom Horne, James Lay or the other foot soldiers in the trenches.

Rufus Adair reported in an August 25, 1986, Athens Banner-Herald article on the efforts of Katherine Soule, daughter of Robert Park (Park Hall) and daughter-in-law of Robert Soule (Soule Hall), to spruce up the Tree's marker. Mrs. Soule lives at 145 Dearing Street next door to the Tree and as the Tree's current guardian became concerned over the unreadable condition of the old marker.

Mrs. Soule managed to accomplish in a few days what would have taken years if left to the normal Bureaucratic process. The Tree now has a new marker that would make any Tree proud.

The lawyers and legal types debated the legal aspects of the matter but none were rash enough to actually attack the Tree.

As the story spreads, other trees are being emancipated.




Main Page

irby@geocities.com



1