Morgan County GaArchives Brawner Cemetery
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File contributed for use in USGenWeb Archives by:
Dr. Sharon Lee Brawner
doctorslb@aol.com


Brawner Cemetery    Madison, Morgan County, Georgia


In June 2004, I became aware of a controversy over an old Brawner 
cemetery in Madison, Georgia at the end of Cummins Road. It lies on 
land lot 99. It seems a previous owner removed the wall from around the 
cemetery and caused some concern by the neighbors and the local 
historian. The matter was taken to the Grand Jury in June 1999. The 
previous owner testified before the Grand Jury that he believed the 
wall to be the foundation of an old barn. The Grand jury did not indict 
the owner for disturbing the cemetery but did request that the wall be 
return to its original location. He did not do so and the local judge 
told me no crime had been committed and there was nothing he could do.  
I was not satisfied with this response and sought a remedy. 

After making numerous inquiries, I was directed to the Georgia codes 
that protect cemeteries. Georgia code 36-72-1 states that " ...the human 
remains and burial objects are not property to be owned by the person 
or entity when owns the land or water where the human remains and 
burial objects are interred or discovered, but human remains and burial 
objects are a part of the finite, irreplaceable, and nonrenewable 
cultural heritage of the people of Georgia which should be protected." 
The definition of burial objects included cemetery walls. The penalty 
for such a "misdemeanor of a high and aggravated nature" is a fine of 
$5000 and up to six months in jail per grave. I returned to Madison and 
showed these codes to the judge, but he again said there was nothing he 
could do. 

In July 2004, I wrote the owner asking him to return the wall, which 
was believed to be on his personal property. I outlined the Georgia 
laws regarding his actions.  After receiving no answer from the letter, 
I bravely visited his home in Madison. He told me his side to the story 
and stated that he did not believe the location to be a cemetery. I 
pointed out to him that it was designated as a cemetery on his property 
deed. After some conversation, he took me to see the rocks so I could 
get some idea of what we were trying to recover. They were dumped in 
his back pasture. He offered to return the rocks to the site (but not 
to rebuild the wall) if I could show him proof that it was a cemetery. 
That will be the easy part of this quest.  I am now investigating 
possible ways to rebuild the wall. The rocks are very large. The 
current owner is very positive on restoring the wall, and I am hoping 
he can assist in some way. 

This cemetery was originally on the property of James Neville Brown, 
father of Catherine Brown Brawner.  The local Archivist is trying to 
trace the ensuing ownership changes through the years. I know that 
around 1930, it was owned by Winifred Wilson and called the Wilson 
Cemetery.  The cemetery currently shows no headstones, but the daughter 
of a previous owner remembers a tombstone being there when she was a 
child.  When I saw the rocks, I saw a large flat stone that could have 
been part of a tombstone and perhaps had been broken over the years. 
Nevertheless, I believe the following people are buried there. :


William M Brawner
born 03 October 1802 
died 27 March 1848


Catherine Almira Brown Brawner 
born  ?   
died 09 April 1843

Some researchers also include their son
Dr. Lucius Wittich Brawner 
born 1833 
died 1856

However, I found the tombstone of Lucius at Elmhurst cemetery in 
Elberton, Georgia on a plot full of multiple headstones, none of which 
are register with the sexton of that cemetery. The sexton is 
investigating this mystery. 

It is also believed that slaves were buried outside the cemetery wall. 

Any other information on this matter is welcomed.

Dr. Sharon Lee Brawner
doctorslb@aol.com