Finding Eula – Oakwood Cemetery

I’ve often been asked if I know where Eula Phillips is buried and my answer has always been that I don’t know the exact location, just that she was buried in an unmarked grave in the oldest section of Oakwood Cemetery known as the Old Grounds.

And that raises the question, why doesn’t her grave have a marker or headstone or why isn’t there some indication of where she is buried?

I guess it’s puzzling how the last resting place of this 17-year-old girl, whose death was at one time the cause of so much consternation, could now be lost.

***

The City Cemetery, as it was known in the 19th century, was located on a small parcel of land to the northeast of the city.  It was later enlarged to approximately 40 acres and is now known as Oakwood Cemetery, located in east Austin, bounded by Interstate 35, University of Texas Disch-Falk field, and residential neighborhoods.

Oakwood Cemetery

Old Grounds, Oakwood Cemetery, Austin, Texas.

The original, oldest part of cemetery, designated as Old Grounds, is demarcated by irregular-sized family plots, rather than the numbering system used in the rest of the cemetery.  There is a road that leads through the grounds – West Avenue – but it is hardly an avenue, more of a path laid with rocks to provide traction for the tires of maintenance vehicles that occasionally drive through.  In the past, the wheels of horse-drawn carriages would have made their way up the road as the recently deceased were carried to their final resting place.  Walking up the path today one can see a variety of styles of 19th century funerary embellishments, although many of the monuments are in poor condition, eroded by years of weathering and neglect.

***

Oakwood Cemetery records can be searched using the name of the deceased and the burial location can be determined by the recorded section and lot number.  However, if the deceased is buried in the Old Grounds, there is no number, only the designation “Old Gr” and the name of family plot if there is one.  If no family name is designated in the record – for example burials of strangers, immigrants, orphans and other singular individuals – and no location is specified, then the only recourse for finding the deceased would be to search the cemetery for their headstone.  If there is no headstone, numbered lot or family plot, then the deceased is effectively lost and it would be almost impossible to determine where someone is buried (apart from excavation and forensic analysis), and such is the case with Eula Phillips.  The original internment ledger only notes Eula as being buried in the Old Grounds with no further clarification and there is no headstone.

Oakwood Internment Ledger Dec 1885. [detail] showing cause of death, physician, location buried indicated by Lot number, Str Gr (stranger grounds), Mex Gr (Mexican grounds), Col Gr (colored grounds), Old Gr (old grounds). Eula Phillips was one of the few persons buried in Old Grounds in 1885. Note Susan Hancock three lines below buried in Lot 459.

Oakwood Internment Ledger Dec 1885. [detail] showing cause of death, physician, location buried indicated by Lot number, Str Gr (stranger grounds), Mex Gr (Mexican grounds), Col Gr (colored grounds), Old Gr (old grounds). Eula Phillips was one of the few persons buried in Old Grounds in 1885. In the left column, Eula’s cause of death is noted as “Murdered,” V. Rosenberg, Coroner, burial location “Old Gr.” Three lines below Susan Hancock’s cause of death is noted as “Murdered,” V. Rosenberg, Coroner, and burial location noted as Lot 459.

There were 384 burials in the City Cemetery in 1885, and almost all of them were in numbered lots — for example Susan Hancock was buried in lot 459.  Eula’s burial in the Old Grounds was one of only nine burials in the Old Grounds in 1885.  Prior to Eula’s burial in December, there were four still-born infants buried in the Old Grounds; there was also Clinton Powell (age 1 month), M. Everett (age 47, male), A. Tiedemann (age 17, female, from Sweden), and Jules Boisnier (age 38, male, from France) all of whom were buried in the Old Grounds in 1885 and all buried in single graves that were not located in family plots.  Of these 1885 burials, only two — Powell and Boisnier — have headstones.  The surviving headstones from 1884-85 are all located in Section C of the Old Grounds. It is likely that the other persons  — Eula Phillips, Everett and Tiedemann — who were buried without headstones were also buried in Section C.

One very valuable artifact for researching cemetery history is the City Cemetery Plat commissioned in 1911 by the Austin City Council.  The 1911 plat shows many features and details of the cemetery that have long since disappeared.  Most notably the 1911 cemetery plat indicates locations of graves that were unmarked but still recognizable as graves at that time. Comparing the original internment ledger which gives the chronology of burials, the 1911 cemetery plat which notes the locations of unmarked graves, and the surviving headstones, it’s possible to make a reasoned guess as to where the unmarked graves from 1885 are located.

Plat of Old Section of City Cemetery. 1911. [detail] showing location of marked and unmarked single graves in Section C. Austin Travis County Collection.

Plat of Old Section of City Cemetery. 1911. Drawn by John D. Miller. Austin Travis County Collection.  [detail showing location of marked and unmarked single graves in Section C.] The graves of Jules Boisnier and Clinton Powell, both buried in 1885, are noted in this illustration, as are three unmarked graves beside the burials from 1884-1885.

If I had to guess, Eula is probably buried in one of the unmarked graves noted above on the 1911 plat, beside the old road (West Ave), next to Prosper Humbert (d.1884), Fanny Rosenberg (d.1884), Clinton Powell (d.1885), Jules Boisnier (d.1885) all of whom are noted on the 1911 plat.

Location of three unmarked graves in section C. Eula Phillips is likely buried here.

Location of three unmarked graves in section C.
Eula Phillips is likely buried here.

***

It is hard to imagine the anguish and confusion that followed in the wake of the Eula’s murder on Christmas Eve 1885.  The Phillips household had the immediate concern of caring for the gravely injured James Phillips, whose survival was still in question in the days following the attack.  They also had to make arrangements for the burial of Eula, a responsibility that would normally have fallen to her husband, but since he was in no condition to do so, others had to make arrangements on his behalf, most likely his father, or Eula’s father Thomas Burditt.

As to why no headstone was put in place on Eula’s grave – I think in the weeks that followed Eula’s death, the arrest and subsequent trial of James Phillips was a public embarrassment and humiliation for the Phillips family and they would have been anxious to put it all behind them and move on with their lives.  I imagine the aftermath of those events was too emotionally difficult a subject for them to revisit — I don’t think there was any malice intended to Eula’s memory, they just wanted to forget and so no marker was ever placed at her grave.

eula001

Location of several unmarked graves and headstones from 1884-1885 next to road (West Ave) in Section C of Oakwood Cemetery, Austin, Texas.

For more about Oakwood Cemetery see:

Oakwood Cemetery Database

Austin Genealogical Society Oakwood Cemetery

Save Austin’s Cemeteries

Discovering History at the Travis County Archives

Materials at Travis County Archives Collection.

Materials in Travis County Archives Collection.

The mission of the Travis County Archives is to serve the government and the community of Travis County by documenting, preserving, and making available its records and history.

The Travis County Archives documents the functions and activities of the Travis County government, supports the conduct of the government by preserving and providing access to essential county records, and maintains the history of the county and its community through the preservation of records with historical value.

Earlier this summer I had a chance to talk with Travis County Archivist Christy Moilanen about an exciting discover she recently made – the original handwritten trial transcripts and inquest reports of the Susan Hancock and Eula Phillips murder cases.  I was invited to take a look at the original documents, take some photographs and talk with Christy about how she found them, and get a tour of their facilities and see some of the materials they have in their collection.


J. R. Galloway:  Many years ago, back in the 90s, when I first became interested in the murders, I had asked at the Travis County Courthouse and the Austin History Center whether any original trial transcripts or inquest records from the 1885 murders still existed and was told that they did not, so I was surprised to hear you had found them.  How did you come across them?

Christy Moilanen:  I was fortunate to have a few University of Texas iSchool students volunteering in the archives over the spring and early summer, reboxing a large amount of material that had been stored in a warehouse since the 1980s. The particular box in which these documents were found was unmarked; my attention was initially drawn to it because of the District Court civil case papers it contained, many of which dated all the way back to the 1840s. At the bottom of the box were several larger documents folded up. I carefully unfolded them and was surprised to realize they related to the so-called Servant Girl murders. The records included a transcript of the case against James Phillips, a transcript of the case against Moses Hancock, and an inquest and autopsy relating to the death of Susan Hancock.

IMG_0663 - Copy

Workroom at Travis County Archives

J. R. Galloway: How would you describe their condition when you found them?

Christy Moilanen:  The documents were in fairly decent condition, all things considered, but I wouldn’t say they were in good condition. They had been stored in the bottom of a box that had been in a non-climate controlled space for at least several decades. The documents were folded up, so they needed to be carefully flattened in order to be read, and many of the pages, all of which are loose, had damaged edges and pieces flaking off.

The transcripts of the cases against James Phillips and Moses Hancock are in the worst condition. The Phillips transcript is written in pencil on plain brown paper, much of which has damage along the edges, and at least one page is completely in pieces. The Hancock case is written in iron gall ink, which has contributed to the brittleness and fragility of the paper. Fortunately, however, the transcripts are mostly legible, even though the script takes some deciphering.

State of Texas v. Moses Hancock.  Original Transcript.

State of Texas v. Moses Hancock. 1886. Original Transcript.

The Susan Hancock inquest and autopsy are in rather good condition, perhaps partially due to the smaller size of these records. While the transcripts are around 100 pages each, the inquest is 34 pages and the autopsy is just 4 pages. The inquest was written in ink on pages that appear to be torn from a pad or notebook, and the autopsy is penned on paper from the Texas State Medical Association.

Susan Hancock Autopsy

Susan Hancock Autopsy, 1885.

J. R. Galloway: I was surprised by the comparatively good condition of the documents considering how old they are and that they just loose pages, and you mentioned a couple of pages were lost?

Christy Moilanen:  The transcript for the case against Moses Hancock is missing the first four pages. It’s hard to say how and when they were separated from the rest of the document.

J. R. Galloway: It’s interesting that the brown paper has perforations and it sort of resembles wrapping paper from a dispenser.

Christy Moilanen:  Based on other records the Archives has of the Justices of the Peace from that time period, it seems that they often wrote their documents on whatever paper was at hand, so the inquest seems pretty typical. It is more surprising to me that the court transcripts were written on such nondescript paper, and one in pencil, no less.

transcript of James Phillips trial

State of Texas v.  James O.  Phillips, 1886.  Original Transcript.

J. R. Galloway: What steps are you taking to preserve them?  What are your procedures in dealing with these kinds of materials?

Christy Moilanen: All of the documents have been carefully unfolded and flattened, and they have been placed into acid-free folders. Pages that are in more advanced states of deterioration or at risk of falling apart have been placed into mylar sleeves, to prevent any direct handling that could cause further damage. Because our conservation resources are limited, our preservation efforts focus on stabilization and prevention of further damage.

Susan Hancock Inquest 1885

Susan Hancock Inquest, 1885.

J. R. Galloway: Have you had a chance to read the transcripts yourself?  Did you come across anything interesting?

Christy Moilanen: I have read through the inquest and the autopsy. It was very interesting to read the accounts recorded by the Justice of the Peace in the inquest record, of the neighbors and of Moses Hancock himself. Their descriptions of the event are rather detailed, and it makes one want to look for clues as to the identity of the killer. One of the more curious accounts was given by neighbor Hester Campbell, who claimed to have had dreams about the murders prior to their occurrence.

Hester Campbell testimony, 1885.

“I seen it in my slumbers 2 or 3 weeks ago and again last Friday night before Christmas that something was going to happen down there.” — testimony of Hester Campbell.  Susan Hancock Inquest, 1885.

J. R. Galloway: Have you come across any other documents relating to any of the other 1885 murder cases?

Christy Moilanen: Unfortunately I haven’t. Papers from the cases against James Phillips and Moses Hancock are on microfilm at the District Clerk’s office, but these four documents — the inquest, the autopsy, and the two transcripts — are the only original records I’ve seen. Interestingly, the Phillips and Hancock transcripts are not part of the microfilmed record, so this is the first time they have been viewed in quite a long time.

State of Texas v.  James O.  Phillips, 1886.  Original Transcript.

State of Texas v. James O. Phillips, 1886. Original Transcript.

J. R. Galloway: The archives are currently housed at the Travis County Sheriff’s office, how did that collaboration come about?  There seems to be a lot of interest in local history at the Sheriff’s Department, I noticed several historical photographs and maps in the lobby.

Christy Moilanen: We’ve been in our current space in the Sheriff’s Office building since 2010. The archives program is relatively new, and when we started looking for space, there weren’t many options available to us. Fortunately, there was a large empty space, approximately 5,000 square feet, at the back of the Sheriff’s building. Both the Sheriff’s Office and the County Commissioners were agreeable to us moving into that space, and we have gradually been filling it out since then. We are fortunate to have a great relationship with the Sheriff’s Office, and in particular, Chief Deputy Jim Sylvester, who has a great interest in history.

Travis County Archives

Travis County Archives

J. R. Galloway: You maintain the Travis County Archives webpage and blog which details the Travis County Archives’ history, mission, current work and projects — what’s coming up for the archives?

Christy Moilanen: I try to keep the website and blog up-to-date with current happenings. One of our biggest projects is the upcoming annual event called Travis County History Day. In the six since its inception, History Day has proven to be a wonderful opportunity to celebrate and to educate others about the rich history of Travis County. This year, we are celebrating the 100th anniversary of the Smith-Lever Act, which provided funding for extension services throughout the country. Extension services have touched and improved the lives of countless Travis County residents throughout the years, and we want to commemorate the tireless work extension agents and staff have done for our community. History Day will be held on October 24, from 10am to noon, in the Hall of Government at 700 Lavaca Street in downtown Austin. The event will feature special speakers, historical exhibits, and refreshments, and we welcome the public to join us!

The Travis County Archives will also be a participant in the 1st annual Austin Archives Bazaar, a fun and interactive gathering of 22 local archives. This is a great opportunity to come out and learn about what our many Austin-area archives have to offer. The Bazaar will be held on October 19, 2014, from 2 to 6pm, at the Spider House Ballroom.

 J. R. Galloway: Christy, thank you so much for your time and sharing this interesting find!
Scans of the original documents are available in PDF form on the Travis County Archives Blog:
Materials in Travis County Archives Collection.

Materials in Travis County Archives Collection.


 

Mothers and Sons

infant

Unidentified albumen print.

One morning before dawn in the summer of 1883, a strange persistent cry echoed through a west Austin neighborhood and caught the attention of two women, Sophia Phillips and Sallie Mack, both of whom lived nearby. They went to investigate and much to their surprise they soon came upon an abandoned infant lying in the grass. There was no sign of the mother. Inquiries were made but no one could find where the child had come from. The infant was described as a beautiful baby girl with blonde hair and blue eyes and later many couples came forward with offers to adopt her. In the meantime the child was placed in the care of Sallie Mack, an African American caretaker and laundress whom the newspaper referred to as “Aunt Sally, …a kind-hearted colored woman.” (1)

A little over two years later another girl would be found lying in the grass in the same neighborhood; but in a terrible reversal of the foundling, the girl, Eula Phillips, daughter-in-law of Sophia Phillips, would be found murdered. Like the foundling, Eula would be placed in the care of Sallie Mack who was given the heartbreaking task of cleaning Eula’s lifeless, battered body in preparation for burial the following day.

Unidentified albumen print. Austin, TX.

Unidentified albumen print. Austin, TX.

Sallie Mack (1830 – 1919?) was born in Virginia about 1830. Records indicate she was living in Texas by the 1850s and she was perhaps in Austin by that time but she doesn’t show up in city records until her marriage to Barney Cook in Austin in 1876. (Although married to Cook, she evidently still went by the name Mack and all four of her adult children used Mack as a surname.)* In 1885 Sallie and Barney lived on Colorado Street across from City Hall, about a block east of the Phillips residence. Sallie Mack is listed in Travis County Census through 1910 and in the City Directory through 1918, living with her granddaughter Jeanetta Addison and great-granddaughter, Erma. 

Sallie Mack was evidently a resilient woman who had spent her life attending the needs of her family and her neighbors and was evidently a well-respected member of the community.  The same could not be said of her son, Alex Mack, whose criminal history and reputation did him no favors when he was found in the vicinity of the Ramey murder in August of 1885. According to police, Mack fled the scene and was apprehended after being pursued by bloodhounds. Marshal Grooms Lee considered Mack a prime suspect but he did not have enough evidence against Mack to get an indictment against him for murder.

Alexander Mack (1857- ?), born in Texas, Sallie Mack’s oldest son, Alex, had the notoriety of being one of Austin’s most frequently arrested citizens, with charges ranging from drunk and disorderly conduct and fighting to petty theft. In the early 1880s he worked in the Club House Saloon on Congress Avenue.  He eventually served time in the State Penitentiary in Huntsville and there are records of him being arrested in Austin into the late 1890s. 

On the night of 3 October 1885 Alex Mack was taken into custody by Marshal Lee and police officers James Conner and Isaiah Johnson.  Accompanying them were two Pinkerton detectives who had been brought in to work on the case after the Ramey murder.

According to a statement given by Alex Mack to the Austin Dispatch, the officers beat him and staged a mock lynching in order to extract a confession from him. At that time Pinkerton Agents were notorious for their strong-arm tactics and the Mack incident reflects the Pinkerton’s modus operandi of brute force and intimidation to achieve their desired results. However in this instance the plan backfired when Mack did not confess or cooperate. Afterwards Mack told the story of his abuse while in police custody to the Austin Dispatch. Marshal Lee offered his rebuttal to the charges in the Austin Daily Statesman saying Mack’s injuries were only the result of his own struggles against lawful arrest.

The Austin City Council authorized a select committee to look into the incident and the committee (whose members included Jesse Driskill and former sheriff, Radcliff Platt) heard testimony from witnesses including Sallie Mack, who testified on behalf of her son. Marshal Lee, Officers Conner and Johnson declined to appear before the committee.

Soon afterwards, Sallie Mack made another appearance in an Austin courtroom – at the trial of Sophia Phillips’s son James for the murder of his wife Eula.

Sallie Mack testified, for the State, that she lived near the Phillips house, and, about two o’clock on the night of the killing, she was called by Mr. George Allen to attend and assist the Phillips family. A large crowd was gathered when witness arrived. When Eula’s body was brought in, it was washed and dressed by witness, and then was laid out in the parlor. (2)

Sophia Todd Phillips (1826-1888) was born in South Carolina as was her husband James. The Phillips were married in South Carolina; they briefly lived in Louisiana before eventually settling in Austin, Texas in 1855. James Phillips was a builder and had a carpentry shop on the premises of the Phillips residence. They had five daughters (including a set of twins) and one son, James Jr.

On the night of the murder of Eula Phillips, Sophia Phillips was the first to discover the scene of the crime, to see the blood-stained bed and to speak with her injured son.  She was the first witness called by the prosecution during the subsequent trial, but it was stated that she “was so distraught by the agonies of that tragic night that she could not now be exact as to all the particulars.” (3)  While she did describe some episodes of James’s ill temper she also she defended her son, stating he had quit drinking four or five weeks before the murder, and she stated that he had settled down and was looking for a job. She also stated that after she told him that Eula was dead he had stated, “then I’ll go to hell for I can’t live without her.” (4)

There are some striking similarities between the Mack and the Phillips families:  both families had lived in Austin since the 1850s and had likely lived in the same neighborhood for much of that time. Sophia and Sallie were approximately the same age. Sophia Phillips had six children, Sallie Mack had four that are known. Sallie Mack undoubtedly made herself available to neighborhood families that needed domestic help and the Phillips would have employed her on occasion.

The parallels between the Phillips and Mack families in relation to the Servant Girl Murders are also notable. Both Sophia’s son James and Sallie’s son Alex came under suspicion in connection with the Servant Girl Murders, although for different crimes under different circumstances.

While James Phillips’s treatment at the hands of local law enforcement does not compare to what happened to Alex Mack, James Phillips was actually convicted of murder by an Austin jury. In a turn of events that might be considered surprising for the time period, Alex Mack was exonerated of the charges against him and the police officers who abused Mack that were held to account for their treatment of him.

James Phillips, Jr. (1861-1929) was born in Austin. James married Eula Burditt in 1883 and had one son, Thomas, in 1884. James was tried and found guilty of the murder of his wife Eula in 1886. That conviction was overturned by the Texas Court of Appeals later that year.

James’s brief tumultuous marriage to Eula was documented in unflattering detail by the local newspapers in which he was portrayed as an immature, jealous, drunkard; however it is unfair to judge his entire life by the negative press he received for a few weeks in 1886.

The Austin City Directory listed James’s occupation as “teamster” in the late 1880s. James continued living at the family residence until 1891 when he married Ida Hart. The couple moved to Georgetown, Texas and over the years James worked variously as a farmer, a music teacher and a carpenter. (Interestingly, the Phillips lived next door to J. Frank Dobie while Dobie was a student at Southwestern University).

James and Ida went on to raise four children before Ida’s untimely death in 1910 at the age of 41. James and Ida Phillips have numerous descendants still living in Texas.

The Phillips residence on Hickory Street was sold and demolished in 1891.  James Phillips Sr. and Thomas Phillips moved in with George and Dora Allen, James’s older sister.  James Phillips Sr. died in 1909.  Sophia Phillips’s other daughters remained in Austin and were married and had families, many of whom spent the rest of their lives in Austin.


* African American wives would sometimes keep the last name of a deceased husband to memorialize their affection and respect for the late husband.

1. Austin Weekly Statesman 19 July 1883.

2. James Phillips vs. The State. Reports of Cases Argued and Adjudged in the Court of Appeals of Texas. 1883-1889. Austin : Hutchings Printing.

3. Ibid

4. Ibid

All photographs from the collection of the author.