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At the northwest edge of Church Street Graveyard in downtown Mobile, Alabama, a large live oak grows beside Bayou Street. According to a story Mobilians have repeated since the 1830s, it sprang from the grave of a man hanged for a murder he insisted he did not commit.
The Real History
Charles R. S. Boyington, a young printer, came to Mobile from Connecticut in 1833. Later accounts describe him as a frequent gambler. He shared a room with Nathaniel Frost, a friend who was in poor health and to whom Boyington reportedly owed money. On May 11, 1834, the two were seen walking together toward Church Street Graveyard, which then lay on the edge of town. Frost was later found nearby, stabbed and robbed.
As the last person seen with Frost, Boyington became the obvious suspect. He was tried and convicted largely on circumstantial evidence, since no one witnessed the killing. He maintained his innocence through the trial and up to the day he was hanged, February 20, 1835. Because he had been executed for murder, he was buried in the potter's field section in the northwestern corner of the graveyard rather than among the city's respectable dead.
The graveyard itself is a documented landmark: it opened around 1819–1820 as Mobile's Protestant burial ground and was officially closed to new burials in 1898. Shortly after 1900 its wall on that side was moved back, which is why the Boyington Oak now stands just outside the enclosure, at roughly 107 South Bayou Street.
Accounts of the execution say Boyington declared that an oak would spring from his heart, or his grave, as proof that he was innocent. The wording varies from source to source, and the speech is known only through later retellings. What is not in doubt is that a live oak did grow at the burial site and still stands there nearly two centuries later.
No one else was ever convicted of Frost's murder. A historical marker at the site notes later claims that two people confessed to the crime on their deathbeds, though these confessions are not documented in court records, and the case remains unresolved.
The Haunting
Local legend treats the tree as Boyington's lasting protest of innocence, and some say his spirit stays near its roots. Ghost tour guides and visitors report hearing whispers or sobbing near the trunk after dark, especially around the February anniversary of the hanging, and a few describe a cold, watchful feeling or shadowy shapes near the tree.
These accounts come from oral tradition and modern ghost-tour testimony, not from any documented investigation. The story lasts because its foundations are real: a named victim, a recorded trial, a fixed execution date, and a living tree you can still stand under.
Can You Visit?
Yes. Church Street Graveyard is a historic city-owned cemetery in downtown Mobile, and the Boyington Oak stands just outside its wall on Bayou Street, so it can be seen at any time from the sidewalk. The graveyard itself is open during posted hours, and the tree is a regular stop on Mobile's ghost tours.
Frequently Asked Questions
Did Charles Boyington actually predict the tree?
Retellings of his 1835 execution record him saying an oak would grow from his heart or grave to prove his innocence. The exact words are not preserved in a contemporary transcript, but a live oak did grow at the burial site.
Was Charles Boyington guilty?
It is unresolved. He was convicted on circumstantial evidence with no eyewitness, and no other suspect was ever convicted.
Sources
- Church Street Graveyard – Encyclopedia of Alabama
- Church Street Graveyard – City of Mobile
- The Boyington Oak (Legends & Lore marker) – William G. Pomeroy Foundation
- Boyington Oak – Wikipedia
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