Archive for October 18, 2007

Obituary: Patricia Ellen Morrison

October 18, 2007 Craig Oklahoma


Patricia Ellen Morrison (nee Martin), born June 19, 1962, passed away Sunday, October 14, 2007. She was a member of the Kaw and Osage Nations.

Patty was a graduate of Baylor University and Baylor Law School. She was a member of Kappa Delta sorority. She practiced law with The Williams Companies Legal Department from 1990 to 2002. She was appointed by President Bush to the office of Principal Deputy Assistant Secretary of the U.S. Department of the Interior in 2002, where she served until 2004. She is survived by: her husband, Kevin Morrison; son, Ilya both of Collinsville, Oklahoma; mother, Mary Ellen (Cross) Martin of Cushing, Oklahoma; sister, Susann Box of Cushing; and brother, John Martin, of Tulsa, Oklahoma.

Patty was an outstanding lawyer; an excellent friend and colleague. Her passing comes as quite a shock. Few words can describe the deep sympathy I feel for her husband Kevin and their son, Ilya.


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Another Law Lesson: The Basics of Defamation

October 17, 2007 Craig Genealogy

A few years ago, I thought about writing on the topic of defamation and invasion of privacy as they relate to genealogy, but I ultimately decided that there just wasn’t enough material there to make it worth the time. Then, somewhat more recently, I wrote something that drew a comment that seemed a bit hostile. But with the sensory limitations of the written form, I couldn’t tell if the commenter was merely seeking clarification or was challenging my premises. It then occurred to me that are people in the world who might be offended by what they perceived I had written. I got to to thinking about defamation and invasion of privacy again.

As a general rule, dead people cannot be defamed, nor can their privacy be invaded. That’s one reason why I initially dismissed the idea about writing on these topics in genealogy. But then I began thinking about defaming the living by reference to the dead or invading the privacy of the living to get to the dead. I decided these matters did merit some examination.

Defamation is the “publication” of a communication that tends to harm the reputation of another by lowering him in the estimation of the community or to deter third persons from associating or dealing with him. At one time in legal history, defamation was of two types: slander, which was an oral communication of defamatory matter and libel, which was the printed publication of defamatory matter. The advent of broadcast media and the sensible evolution of the law contributed to the decline in the usages of the distinction. Now we generally refer simply to defamation.

To create liability for defamation, there must be (1) a false and defamatory statement concerning another person; (2) an “unprivileged” publication of that statement to a third party; and (3) negligence or some greater fault on the part of the person making the statement. The wronged party must suffer some damages or in some cases, need not suffer particular damages where the statement is “defamatory per se.”

It’s essential for defamation to exist that the statement be false. Or, as popularly stated, “truth is a defense.” Thus, if Person A says that Person B is a “crook,” and Person B indeed has been jailed for theft or corruption, there is no false statement and thus no defamation.

There must be “publication” of a false statement for defamation to exist. “Publication” means a communication of the statement in some form to someone other than the subject of the statement. Thus, if Person A tells Person B, “You’re a crook,” there is no defamation if nobody except Person B heard the statement. Generally, “self-publication” will not suffice. Thus, if Person B tells Person C, “Person A called me a crook,” generally there is no defamation. There are some circumstances, however, in which self-publication will support a suit for defamation. For example, Boss fires Worker, telling Worker (falsely), “You stole from me.” Worker then seeks another job and is asked by Recruiter, “Why did you leave your last job?” Worker says, “I was accused of embezzlement.” Although Worker has herself published the statement, courts have held that she may sue Boss for defamation.

Generally, a person must suffer some damages to prevail in a suit for defamation. Loss of reputation alone is not enough to make the defamer liable unless it is reflected in some kind of economic or pecuniary loss. However, in the Ancient Olde Days, the rule was established that certain types of slander no actual harm was required to be proven. These were (1) words that accuse a person of a crime; (2) words that imputed to a person a “loathsome disease;” (3) statements that tend to cast aspersions on one in his or her business, trade, profession, or office; and (4) as to women particularly, an allegation of “unchastity.” Today, an imputation of sexual immorality as to either sex is often considered defamatory per se, as are allegations of dishonesty or untruthfulness.

One other thing that’s important: the allegedly defamatory statement must be a statement of alleged fact, not opinion.

So now, what has all this have to do with genealogy? As I said, dead people cannot be defamed. But a defamatory statement about a deceased person may reflect upon someone who is still living and therefore may be actionable by such a person. It may be that in writing a family history or publishing facts about someone’s ancestors, a living person is identified in some derogatory manner. However, it’s probably not sufficient for liability to merely make a family connection between the defamed ancestor and a living person. For example, if you allege that my deceased grandfather was a thief, that’s likely not actionable by me since that statement says nothing about me. On the other hand, if you say that my royal grandfather held his title fraudulently and I have inherited that title, the innuendo might well reflect on me.

Coming Thursday: Avoiding Defamation in Genealogy
Coming Friday: Invasion of Privacy

Notice: The information in this writing is intended for educational use only and is not intended nor should it be construed as legal advice. If you have a legal problem, consult a lawyer admitted to practice in your state of residence. I am an active member of the bar of the State of California and am admitted to practice before the United States Supreme Court and various other federal courts. I am not licensed to practice in any other state. I am not presently soliciting or accepting new clients in the matters discussed above.

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Baby Boomers Reach Social Security Age

October 15, 2007 Craig Uncategorized

According to news reports, Kathleen Casey Kirschling of New Jersey will apply for Social Security benefits today, in anticipation of turning 62 on January 1, 2008. In a 1980 study, researcher Landon Jones tagged Kathleen Casey as the iconic “first Baby Boomer.” The term “Baby Boomer” refers to those born between 1946 and 1964 in the population explosion that followed World War II. Kathleen Casey was born one second after midnight on January 1, 1946, in Philadelphia.

I’m eight years younger than Kathleen Casey, putting me in the midst of the “Boom.” My generation has been probably the most studied, most written about, and some say, most indulged, generation in history. Much of postwar culture was shaped for us or by us. It was during our lifetimes that the H-bomb was produced; the Cold War started, raged for forty-five years, and ended; rock’n'roll, Barbie dolls, and McDonald’s became American icons; hippies, “Weathermen,” and Black Panthers scared the daylights out of America; men walked on the moon; tens of thousands of Boomers lost their lives in Vietnam; the Civil Rights Era shone; personal computers were invented; the Internet and I-Pods came along.

This weekend we were down south in Ventura, California, to witness the baptism of our niece’s son. It occurred to me that by the time he’s my age, it will be over hundred years since my birth. World War II will be distant history; the Internet and I-Pods, long obsolete. I wonder what he will see in his lifetime.

Coming Tomorrow: Another Law Lesson–Defamation and Invasion of Privacy in Genealogy.

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The Next Next Generation

October 15, 2007 Craig Uncategorized

Baptism

Jonathan Edwards
Ventura, California

Parents: Jamal & Tamila Edwards
Grandparents: Ron & Audrey Edwards and Terry & Donna Manson
Godparents: Craig & Penny Manson

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The Next Generation

October 15, 2007 Craig Uncategorized

Happy Birthday (12th) to Dallas Miller Manson of San Jose, California! His parents are David Q. Manson and Creola Lee Miller Manson. His grandparents are Harold V. Manson and Lillian Gines Manson of San Jose; and Louis Mannuel Miller and Eleanor Edwards Miller of Los Angeles.

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Coming Next Week: Another Law Lesson

October 9, 2007 Craig Genealogy

Can you be held liable for defamation for something you write in a family history? Could you be sued for invasion of privacy for your genealogical endeavors? Next week, Geneablogie presents another law lesson: Defamation and Privacy Issues in Genealogy.

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A Brayboy Challenge

October 5, 2007 Craig Uncategorized

One genealogical feature that I’ve come to enjoy recently is Chris Dunham’s “Genealogical Challenge,” which appears from time to time at The Genealogue. Chris challenges readers to find some interesting or obscure genealogical information about an historical or pop culture figure.

These challenges and their solutions serve to refine research skills and open up many sources that one might not ordinarily look into. [And the subjects of the challenges are always interesting!]

Since I’m a West Coast resident (and a late-rising one, at that!) I’m seldom among the first few to get the right answer. But I take the challenges on without looking at the solutions in the comments anyway!

It occurred to me that perhaps a “challenge” would be a way to have folks weigh in on a difficult actual research problem. Sooo, here we go . . . .

A few days ago, I heard from one of my New England Brayboy cousins. She was trying to figure out the paternal lineage of one Earley Brayboy, who was born in South Carolina on July 10, 1888, and died in July, 1956. He was born in Williamsburg County, South Carolina, and died in nearby Lake City in Florence County, South Carolina.

I’ve written about the Brayboys before. My Brayboy line originated in South Carolina on the Darlington plantation of Boykin Witherspoon. In 1854, Boykin Witherspoon re-located his family and slaves to De Soto Parish, Louisiana. In South Carolina there remain a large number of the Witherspoon family and the Brayboys. The descendants of some of the South Carolina Brayboys found their way to the Northeast.

Anyway, in the 1930 census of Williamsburg County, South Carolina, I found Earley “Braboy,” age 43, with wife, 33 year-old Elma, living in the town of Sumter. Their children with them at that time were Vernell, 18; “Rolley,” 16; Darby, 14; “Blanch,” 12; Willie, 9; “Rush,” 7; Harold, 5; “Cotell,” 3; and “Earl,” 2. [An issue researching the Brayboys is the shifting spelling of the surname].

The 1920 census of Williamsburg County shows “Early J. Braboy,” age 31, with wife Elma, 22; and children, “Vernel,” 8; “Raleigh,” 6, “Darbie,” 4; and “Blanche,” 2.

Then I found the World War I draft card for Earley Brayboy. This document, dated June 5, 1917, indicates that Earley Brayboy had a wife and three children at that time. His occupation is listed as farmer.

After the draft card, records got tougher to find. I went to the SSDI and found death dates for six of Earley Brayboy’s children. Then I went to a newspaper archive and found an obituary for Vernell Brayboy. The obit said that Vernell, the son of “Earl J.” and Elma Montgomery Brayboy, was survived by six brothers, Harold, David, Willie, Darby, Earl, and Kotell; and two sisters, Blanche Burgess and Annie Laura Dupres. I found in the Connecticut marriage records that Annie Brayboy had married Dupres Branch. [Thus, the obit was in error as to her name.] Then I found in the SSDI death dates for Blanche Burgess and Annie Branch.

None of this was leading back to the main issue–the paternal lineage of Earley Brayboy. So I started going back through the census records. No Earley Brayboy turned up. But in the 1880 census, I found a Jacob Brayboy, age 39, in Williamsburg County, South Carolina. He was married to 23 year old Dora. The age of the children listed suggests that Dora was a second wife to Jacob. The children were: Jessie, 20; Ellis, 19; Billie, 18; George, 15; Margaret, 13; Betsy, 11; “Jennett,” 8; “Lela,” 7; “Sofronie,” 6; and Martha, 1. There is also a step-daughter, Sarah Dinckins, age 7.

This Jacob Brayboy would be old enough to be the father of Earley Brayboy, born in 1888. A way to check if this is the right family is to go to the 1900 census, when Jacob would be 59 and Earley about 12 years old. Unfortunately, no Braboy or Brayboy on the 1900 census seems to match up with Jacob or Earley. And the disadvantage of not having an 1890 census becomes apparent right away.

Not only is Jacob old enough to be Earley’s father; he’s old enough to be Earley’s grandfather. Additionally, in 1888, when Earley was born, Jessie would be 28, Ellis would be 27, Billie would be 26, and George would be 23. Thus any one of them might be Earley’s father.

There is one potential hint: in the 1920 census of Williamsburg County, Earley’s family lives next door to one James Braboy and family. James is either a year older or a year younger than Eraley. On the other side of Earley’s house, Dora Braboy lives as a boarder. Then, in the 1930 census, Dora lives with a 32 year old Sam Braboy and is listed as his mother. In 1930, neither Earlery nor James is old enough to have a 32 year old son. So the suggestion here is that Dora is the mother of Sam, James, and Earley. This would make Jacob their father.

Now who is Jacob’s father? The hint is that in the 1850 census, Jacob is listed as a seven year-old in a household headed by Mary Braboy, 52. Also in the household are Samuel Brayboy, 22; Martha Brayboy, 28; Margarett Brayboy, 9; William, 5; and Polly, 3. The 1870 census does not show relationships. There is a strong inference here that Mary is Sam’s mother and that Sam and Martha are the parents of the children.

So with this information, one might surmise that Earley Brayboy’s father was Jacob Brayboy and his grandfather was Samuel Brayboy.

Am I right? How would you bring this within the Genealogical Proof Standard?

UPDATE (10/06/07, 1:45 PM PDT): In the comments, Teresa says:

I think I’ve found your folks on the 1900 census in Williamsburg County, SC (HeritageQuest, Series: T623 Roll: 1544 Page: 286) – Jacob must have passed away by then, but Dora is listed as “Dora Braveboy”, living with son Elliot. On the next page are: Lela Pendergrass, daughter; Samml B?boy, son; James B., son; Early, son; and Lila (or Lula?), daughter.

Thanks, Teresa! I have a couple of comments on the comment. First, I think Teresa is right. This appears to be the family of Early Brayboy. Second, let me eat some crow here. I certainly knew that “Braveboy” was an alternative name (some say it was the original name from which “Brayboy” and “Braboy” were derived). But I had gotten into the mindset of thinking that by about 1900, the spellings and names had somewhat stabilized and that it would be unusual for a family that had been “Brayboy” to go back to “Braveboy.” So much for thinking how smart I am! Third, Ancestry.com does not index “Dora Braveboy” or any of her children on the 1900 census, although as Teresa says, HeritageQuest does!

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My Families’ Weddings

October 2, 2007 Craig Uncategorized

She’s there every morning, watching me, this pretty teenager. Her eyes dipped slightly, confident yet demure; slender and shy. She grips a rosary in her hands. A long veil falls down her back to the floor where it merges with the pool that is the train of her dress. She watches me, this teenager from across the room, from across more than six decades, perched above the fireplace.

The picture is of my mother-in-law, Edna Mary Micheau, on her wedding day in 1940. Still healthy now past the mid-point of her eighties, she doesn’t speak much of that day anymore. Her reticence serves to remind me that I don’t know much about weddings in my family.

The first wedding of record that I know of is that of Ezekiel Johnson and Sarah Gilbert. According to records in Clay County, Missouri, they were married 140 years ago this year, on September 5, 1867. Zeke was just back from his service in the Civil War. What kind of wedding did they have? I don’t know. The records say that the officiator was Richard C. Morton, M.G. [Minister of the Gospel]. The Reverend Morton performed a number of weddings in Clay County; like a lot of people there, he was from Kentucky.

The second wedding of record that I know about was that of Guy Bryant and Amanda Maria Martin Pane. According to the records of Aransas County, Texas, they were married on June 28, 1882, in Rockport, Texas. John F. Cooke, M.G., presided. Maria Martin had been married briefly before to one James Henry Pane. They had been married in June of 1878; it’s not clear when they split. Her son from that marriage, Isaac Pane, was born in November 1879. He later began using the surname “Bryant.”

I have no artifacts of Guy and Maria’s wedding either.

James William Long married Mary Elizabeth Johnson, the daughter of Zeke and Sarah Johnson, on May 30, 1888, in Kansas City, Missouri. Mary was just seventeen and Zeke had to sign giving his consent. Zeke was illiterate, so the record shows “his mark.” What kind of wedding did they have? I don’t know.


The marriage license of James William Long and Mary Elizabeth Johnson
(click to enlarge)

On August 19, 1890, Otis Manson married Betty Sanford in Rockdale, Milam County, Texas. Three days later, Betty’s younger sister, Addie, married Abe White in the same town.

All of the above set the stage for the wedding that really matters. On July 19, 1953, in Houston, Texas, my parents married. They had a Catholic wedding with Father Ralph Urma McLane presiding. You’ve no doubt already figured out that July 19, 1953 was a Sunday and some of you know that Catholics typically do not have weddings on Sundays. The problem was that both my parents worked six days a week back then and their bosses wouldn’t let them off on Saturday even to get married. It was much simpler to ask the bishop to let them get married on a Sunday! And with His Eminence’s blessing, they got married on a Sunday!

They had a twelve hour honeymoon at a place loaned by a friend. They were back on their jobs Monday morning!


My parents on their wedding day, July 19, 1953, in Houston, Texas, with my paternal grandmother, Jessie Beatrice Bowie
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A "Relatively" New Blog of Interest

October 1, 2007 Craig Uncategorized

Karen Burney, who’s one of my Brayboy cousins, has a new blog up called Louisiana Lineage Legacies. Karen shares the stories of her 15 years of genealogical research. Although it is focused on Louisiana, she has a wealth of information about her research in other states, like South Carolina. The surnames she’s studied include Brayboy, Morris, Jefferson, Chestnut, Hines, and Pressley, Smith, Green, Greene, and Brittentine, among others. (Brayboy, Jefferson, and Pressley occur in my family tree, too). She’s got a lot of very interesting historical materials from Louisiana and South Carolina on the site, too. And check out so me of her research resources, as well!

I ran into Karen a few nights ago at the Family History Center in Arden Arcade, California, not far from my home in Carmichael. She told me a bit about the family reunion she went to in Kansas City a few weeks after I had been there. And she mentioned this new site. If you have any connections to Louisiana, you’ll find something worthwhile there.

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