Case file · Folklore spirit · Cemetery or church

Boyington Oak

Also known as Charles Boyington’s oak, The Boyington Oak at Church Street Graveyard

A live oak in Mobile said to have grown from the grave of Charles Boyington, hanged in 1835 for a murder he swore he did not commit.

Charles R. S. Boyington was a young printer from Connecticut who arrived in Mobile in late 1833, during the port city’s cotton boom. He shared a boarding-house room with Nathaniel Frost, a fellow printer in poor health. In May 1834 the two were seen walking toward the Church Street Graveyard, then on the edge of town; Frost was later found there stabbed to death and robbed. Money had passed between the two men – accounts differ over who owed whom – and Boyington, the last person seen with him, became the only suspect.

Boyington insisted he was innocent through his trial and conviction that November. He was held in the city jail and hanged on 20 February 1835 before a large crowd. Before he died, the story goes, he declared that a mighty oak would grow from his heart to prove he had been wrongly condemned. He was buried in the graveyard’s “strangers’ ground”, the potter’s field in its north-western corner.

An oak did grow at that spot. When the cemetery wall was pulled back in the early 1900s the tree ended up just outside it, on the edge of Bayou Street, where it still stands – roughly sixty feet tall with limbs sprawling more than a hundred feet. Mobile’s urban forester has given a very rough age of 150 to 200 years, consistent with, though not proof of, the legend’s timeline.

Whether Boyington was guilty is still argued. Researchers and local author Mary S. Palmer point to a case built on circumstantial evidence and a questionable jury; Palmer’s 2019 book repeats claims that two other people confessed on their deathbeds, which have not been independently confirmed. In 2020 the Alabama Folklife Association and the William G. Pomeroy Foundation placed a Legends & Lore marker at the tree, which states flatly that he was “unjustly hanged.”

The ghost story is gentle compared with the history behind it: people walking past at night say they hear whispering or soft crying around the trunk, as if Boyington were still pleading his case.

What people report

Passers-by report whispering, murmuring voices and the sound of someone crying close to the tree, especially after dark. Some visitors describe a heavy, sad feeling beside it; others simply come to see the oak as a monument to a possible miscarriage of justice.

Where and when

Around the base of the oak on Bayou Street, just outside the brick wall of Church Street Graveyard’s north-west corner – the old potter’s field where Boyington was buried.

Timeline of the haunting

  1. May 1834
    Nathaniel Frost is found dead Mobile, Alabama

    Frost was found stabbed and robbed near the Church Street Graveyard after being seen walking there with his roommate, Charles Boyington. Boyington was charged that month.

  2. 20 February 1835
    Boyington is hanged Mobile, Alabama

    Still protesting his innocence, Boyington was executed and buried in the cemetery’s potter’s field. Tradition holds that he predicted an oak would rise from his grave as proof.

  3. November 2019
    A book reopens the case Mobile, Alabama

    Mary S. Palmer published The Boyington Oak: A Grave Injustice, arguing the trial was flawed. Local television interviewed the city’s urban forester, who estimated the tree’s age at 150 to 200 years.

  4. 2020
    Legends & Lore marker unveiled Mobile, Alabama

    The Alabama Folklife Association and the William G. Pomeroy Foundation placed a historical marker at the oak recording the legend and its claim of Boyington’s innocence.

What could explain it?

  • Natural growth: live oaks seed freely across the Gulf Coast, and an acorn sprouting in an untended potter’s field is unremarkable – the prophecy may have been attached to the tree after it grew.
  • Retold folklore: no contemporary record of Boyington’s oak prophecy has been published, and the story has been shaped by generations of storytellers.
  • Night sounds: wind in the Spanish moss and leaves, traffic and voices from the surrounding downtown streets carry easily around the open graveyard.
  • Emotional context: visitors who know the story of a possibly innocent man tend to interpret ambiguous sounds as weeping or pleading.

Ghost tours, books and screen

The story appears in Kathryn Tucker Windham’s Jeffrey’s Latest 13: More Alabama Ghosts and in histories of Church Street Graveyard, and is a regular stop on Mobile ghost walks. A 2020 memorial play and Mary S. Palmer’s book brought renewed attention to the case.

Places to visit

Church Street Graveyard Mobile, Alabama

Historic city cemetery, closed to burials in 1898; the oak stands just outside its wall on Bayou Street and can be seen from the sidewalk.

Where it’s reported

Alabama

Boyington Oak in the news

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Sources

  1. William G. Pomeroy Foundation: The Boyington Oak (Legends & Lore marker)
  2. WKRG: The science and the story of the Boyington Oak
  3. Wikipedia: Boyington Oak
  4. Wikipedia: Church Street Graveyard

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