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Case #13218, Carl Burleson, b/n/f vs. William J. Drake, et al: Update on the Death of C. J. Drake

In my previous blog post I told you that I had made a new discovery about the events surrounding the death of C. J. DRAKE. If you’d like to catch up on C. J.’s story you’ll have to look at a couple of different posts since his story is intertwined with my great grandma Edith’s story. You can find out about C. J. here and here.
I was doing some online research last week and was shocked to find a newspaper article saying there had been a judgment entered against C. J.’s dad in the amount of $2500 in favor of one of the young adults who was injured in the wreck with C. J. You can read the same article here:

Neosho News, 1956 article about a legal judgment resulting from the wreck that killed C. J. Drake.
Neosho News, 1956 article about a legal judgment resulting from the wreck that killed C. J. Drake.

(A few notes: the original cause of the accident was said to be that C. J. accidentally hit the gas instead of the brake when he was trying to slow down to negotiate a curve. In the BURLESON’s lawsuit they claimed C. J. was speeding when he crashed but seemed to say nothing about the gas vs. brake pedal incident. Also, the reporter had his facts mixed up. C. J. was not William’s son. This is what caused so much confusion for me last week.)
For reference, here is one of the original articles about the accident.

1955 Neosho Daily News article about the wreck that killed C. J. Drake.
1955 Neosho Daily News article about the wreck that killed C. J. Drake.

I was so shocked and saddened (and somewhat offended) that someone would have sued my great grandparents (who were grieving the loss of their son) over a car wreck that seemed to have been just a freak accident. If you recall, C. J. and the others riding with him were headed to a revival. They weren’t partying or drinking or participating in risky behavior. They didn’t seem to be making poor decisions. I was intrigued about the lawsuit and wanted to know more.
I called my Dad and asked him if he knew Mark had been sued over the crash (because at that time I was trying to interpret the mixed up information in the article and was going on the assumption that it was Mark who was the primary Defendant). Dad was as shocked as I was. He said he always thought there were only four people in the vehicle- C. J. and Henry DRAKE (I’m pretty sure they were cousins- not brothers as stated in one of the newspaper articles) and their girlfriends, Lynda CONDUFF and Betty ARNOLD. Dad had never heard before that there was a fifth person (Carl BURLESON) in the vehicle and didn’t remember any BURLESON’s being connected to the DRAKE family. So we talked for a while and he said he had never heard anything about Mark being sued over the crash and couldn’t help me. I asked about older family members who might have known about all this but he didn’t think there would be any who could help me. Our ties to the Bill DRAKE line of the family ceased to exist a couple generations back. I did try to contact someone in that branch of the family via Facebook but have not received a response. So, we decided a trip to the courthouse would be necessary to sort this all out.
This week I was able to go with my parents to the Newton County courthouse and get a copy of the docket entries which are all that is left of the case. So let me walk you through what I know of Case #13218, Carl Burleson, b/n/f vs. William J. Drake, et al. (The “b/n/f” stands for “best next friend”- a legal term for the adult male representing the plaintiff- Carl’s dad, Sherman BURLESON, in this case; “best next friend” was a legal requirement for minors and women in that era.) Before starting, let me tell you that I don’t know to whom the “et al” refers. Et al is a legal term indicating there were other people being sued along with William. I suspect that Mark was included and he was indeed having to deal with this lawsuit while also grieving the death of his son. The William DRAKE (whom everyone called “Bill”) named as the primary Defendant in this lawsuit was the son of Henry Arthur “Ned” DRAKE. (Ned played a part in another blog post story of mine about Ned’s and Poppy’s brother, Red.) Bill was also the nephew of my 2nd great grandfather, Poppy Lonzo (Alonzo Ervin DRAKE) and the cousin of my great grandfather Mark DRAKE (the father of C. J.). You might be wondering how Bill got involved. (I know I was!) It turns out that C. J. was driving Bill’s truck when C. J. crashed and died.
Case #13218 was filed in Newton County, Missouri in the Circuit Court on 27 April, 1956- 4 months and 2 weeks after the accident in which Carl BURLESON was burned on his face and hands, Lynda sustained a broken leg, Betty and Henry received cuts on their faces, and C. J. died. It appears that everything was worked out very quickly because on the same date the Complaint was filed by the BURLESON’s, the case was also settled and a Judgment Entry made by Circuit Court Judge Robert Stemmons, Sr. The DRAKE family waived a jury and a trial on 27 April 1956 and the Judge entered a judgment in favor of the Plaintiffs (BURLESON’s) in the sum of $2500 plus court costs. For my family in that time frame, that was a ton of money. However they did it, it appears they had the money ready on that date and gave it to the BURLESON’s in court because the docket entry header states, “Judgment acknowledged. Satisfied in open court.” The docket entry also states further down that “…the plaintiff acknowledges satisfaction of said judgment in open court.”

Circuit Court case record Burleson v. Drake, Newton County, Missouri.
Circuit Court case record Burleson v. Drake, Newton County, Missouri.

This lawsuit was never mentioned in the presence of my father. But then, my DRAKE family was pretty tight-lipped about personal matters. In doing some additional research on the key players in this lawsuit, I found a little more that I want to share with you- like this photo of Sherman BURLESON. Some of you reading this may have known him.

Sherman Burleson.
Sherman Burleson.

I also found a photo of Bill’s dad, Ned. Ned is my 3rd great uncle.

Bill Drake's dad, Ned Drake (my 3rd great grand uncle).
Bill Drake’s dad, Ned Drake (my 3rd great grand uncle).

I haven’t found a photo of Carl. I’ve read documents and family accounts of the BURLESON family that show that several members of the BURLESON family died in car accidents in the years following this lawsuit. I also learned of one other DRAKE-BURLESON connection. Bill DRAKE had a brother named Edward Ervin DRAKE- he went by Eddie. Eddie married Carl BURLESON’s sister, Edna “Ginger” BURLESON. They later divorced. I’m not sure Eddie and Ginger had any children together.
All of this extra information made me wonder if this series of events- the car wreck in the borrowed truck, the subsequent lawsuit, and then Eddie marrying into the family who sued my family- is what caused the rift amongst the DRAKE family between Ned’s branch and Poppy Lonzo’s branch. Maybe not. It just makes me wonder. How much can two brothers take before they part ways? (Both Ned and Poppy, as well as Bill and Eddie.) How long before their kids- the cousins- stop talking to each other? Before their grandkids know of each other but don’t know each other…before their great grandkids- like me- don’t even know if the other branch still exists? How long does it take for a family to disintegrate? How much can a family take before they call it quits? Just some things I wonder about. I’m probably being way too dramatic about it, but these are the things I think about.
If you’re reading this and you have more information about the wreck, the lawsuit, the family’s split, or anything else about the family- I’d love to hear about it. Like my ancestors, I DO know how to be tight-lipped. If someone tells me something and asks that I NOT post it to the blog or social media- I honor that 100%.
I wish your family peace this week. I wish you strong family relationships that weather the troubled spots. I wish you siblings that speak to each other and cousins that love AND KNOW each other. Tell the people you love how important they are to you. Time is so short and tomorrow is not guaranteed. I’m sure C. J. had plans for December 14th and other days and weeks beyond the day he died. You never know. Live AND LOVE like it’s your last day.


Peace.
Until next time,
Lisa @ Days of Our Lives

Of Mice and Men

The best laid plans of mice and men often go awry. ~ Of Mice and Men by John Steinbeck (referencing Robert Burns’ “To a Mouse”)
It’s been a few weeks since I last wrote a blog post- 4 weeks, to be exact (in case you were wondering). The last four weeks have been filled with work and medical appointments and babysitting grandchildren and getting taxes together and…well…all sorts of “real life” things like that. Of course, I did do some research in spare moments here and there. To be exact, I got stuck on Eliza Emoline BELL about whom I was supposed to write at the end of week 8. There were so many times I felt on the verge of a major discovery about her in the last four weeks and each time my hopes were thwarted. However, I made an exciting and accidental discovery about Charles Junior DRAKE whom I wrote about here and whom I mentioned here. I’m hoping to make a trip to a courthouse next week to confirm some details and then I plan to let you in on the story. Each time I revisit this story about Charles (“C.J.”) it makes me sad for my great-grandma Edith. I think I miss her more now than I ever have in my whole life. I was completely shocked by the information I found tonight and I can’t wait to share it with you if it turns out to be true.
In the meantime I want you to think ahead to the month of April (it’s only a week away!). April is National Card and Letter Writing month. I’d like you to join me in April in sending out cards and letters. The internet makes it so easy to communicate with others and I love that, but I also miss getting a handwritten letter in the mail (or even a typed one). I’m pretty sure I pulled the big sister card a time or two when I was a kid so I could get to the mailbox first. I loved getting mail. So I’m inviting you to join me in April. How many cards and letters you send is up to you. As for me, I’ll be shooting for about 20-25. I probably won’t send that many but if I shoot high then maybe I’ll send out more than I would have if I made an easy goal. Also, check out some of the great stamps the Post Office has available right now:

Current postcard stamps.
Current postcard stamps.

Postcard stamps.

Current postal stamps
Current postal stamps.

Just a few of the new 49 cent stamps available right now at the Post Office or at their website. I love all the new stamps- old pickup trucks, national parks, famous people- all kinds of stamps and they are so cool! I used to collect stamps. I think today’s stamps are much cooler-looking but I can’t imagine stamp collecting is as much fun as it was before the sticker-type stamps came along.
In any case, I’m going to be mailing cards and letters throughout April- some to friends and family and some to request genealogical records that I can share with you here on the blog. I’m really looking forward to it and I hope you’ll join me. If you can’t find the stamps you like at your local Post Office, be sure to order your favorites online. I’ve already purchased a book of the WPA poster stamps (very cool!) and my first letter will be a request to the National Archives and Records Administration requesting a copy of my grandpa’s WPA personnel file. (Who knew you could get a copy of the personnel file?!) So PLEASE- join me. Make someone’s day by sending them a letter or card. Tell someone thank you, wish someone a happy birthday, or catch up with an old friend. Request a travel guide for an upcoming vacation or just tell someone “great job”! If you can’t think of something to say or can’t think of someone to write to, visit your local nursing home and offer to write a letter on behalf of an elderly person who can’t perform the physical act of writing anymore. I’m looking forward to hearing about your April letter/card-writing adventures. I’m also looking forward to writing on the blog again- I’ve missed you all!


Until next week,
Lisa @ Days of Our Lives

One of the Tenderest Tough Women I Ever Knew

***Kleenex alert. Sorry- this is another Kleenex alert week.

This week’s theme is “Tough woman”. I struggled to choose an ancestor. Not because I had no choices but because I had many. I am so fortunate to come from a long line of very strong women. I decided to write about my paternal great-grandmother, Edith Cleo HUBBARD DRAKE, since my initial post this year was on my mom’s side.
When I knew Edith, she was old (at least to me as a child- she seemed very old). She was very quiet and very sweet. I never knew her to hurt anyone although I’m certain she administered her fair share of spankings to children and grandchildren. I know that I had many conversations with her although I can’t now recall those conversations. The only specific thing I remember her ever saying to me was when I walked to her house one day to give her a message from my grandmother and when she answered the door she called me “Mechelle” (my cousin). She was in the early stages of Alzheimer’s at that time. I didn’t know that then. I only knew that she knew me and loved me and if she mistakenly called me Mechelle I was not about to embarrass her by correcting her. I loved to go to her house when I was very young and both she and Mark were alive. Mark loved his cigars and was always smoking one. They were affectionate with us and where Edith was quiet, Mark was very jovial and quite a jokester. I can remember sitting on the couch with both of them sitting alongside me and feeling so safe, so happy, and so loved. If my own grandchildren and great-grandchildren never remember anything else about me, I hope they remember being with me and feeling very safe, very happy, and very loved. My biggest regret in regard to Edith is that when she was put into the nursing home I never went to visit her. Never introduced my children to her. I hope she forgives me. I hope many other things in regard to her- but I’ll state those hopes at the end of the post when they will make more sense.
In death, Edith has become even more of a treasure to me than in life and this is what I want to focus on for this blog post. In 2012, God chose to call my son home to Heaven. I sometimes privately refer to that day as “the day of my greatest sorrow”. In the aftermath of trying to figure out a way to deal with all the sorrow, I began to look at my female ancestors with a focus on the ones who lost children. I tried to look at what I knew of their lives and see how they worked their way through the pain and how they lived their life after losing a child. One of those female ancestors was Edith.
The day of Edith’s greatest sorrow was 13 December 1955. Her son passed away at 8:15 that evening. Edith was about 49 years old. I did not know much about her son, C. J., but after my son’s death I began to learn about C. J.’s death and my heart broke for Edith. It helped me to put my son’s death in perspective and I knew that if she could cope, I could surely cope. C.J. was 18 years old and attending high school in Jay, Delaware County, Oklahoma, at the time of his death. He and some friends and relatives were going to a revival. C. J. was driving near Seneca, Newton County, Missouri, when he missed a curve. The truck rolled, pinning him inside. A witness attempted to rescue him but as the rescuer’s hand was on C. J., the gasoline tank blew up and the rescuer was blown away from the truck. C. J. burned to death. It was said that witnesses could hear his screams for help as he was being burned alive. My sweet, loving Edith lived with that knowledge all her life. I cannot even imagine. When Edith was young, she lost one of her younger sisters to death and now her own son was gone. She had a lifetime of loss to cope with.
I understand now why Edith was so quiet. I understand now why she was diligent about reading her Bible and praying daily. I have instinctively coped in so many of the same ways that she did and in some way I think she helped me find my way through the very difficult days by the way in which she lived her life. I know in my heart she prayed for me and for each of her children, grandchildren, and great-grandchildren. I know because I pray for mine- present and future. And I know that had she been alive when the day of my greatest sorrow came, she would have wrapped her arms around me, prayed with me, and loved me through it. I love her more because I know that she stored up prayers for me in Heaven and when I needed them, God answered them. A praying Grandmother is God’s gift to families. I hope I’m worthy to take up that mantle and carry on the tradition of my grandmothers. I hope I make them proud. I hope I make Edith proud.
My final hopes in regard to Edith are this. I hope that when she was devastated by Alzheimer’s that one of the things she forgot was the grief and pain of losing C. J.. I hope that at the moment of her death, one of the people on her heavenly welcoming committee was C. J. I hope she is at this moment resting in eternal joy and peace surrounded by the presence of her perfect God and surrounded by the people she loved most and missed most in her lifetime. I hope she is surrounded by eternal, perfect love.
If you are interested, below is a 14 December 1955 Joplin Globe article about the wreck and C. J.’s death. But if you are interested in knowing how she coped with the many losses in her life, pick up a copy of The Holy Bible and read that. Edith’s life was affected by this loss, but her life was defined by her faith in God.



Don’t forget to click on over and read the posts of my blogger chick friends who are doing the 52 Ancestors in 52 Weeks challenge along with me. You can find them at Down in the Root Cellar and Theology for Mom.

Honoring Edith’s memory. With love, Lisa
~ Days of Our Lives blog

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