Although over a quarter of a century has gone by, the bitter memory of the Treaty Oak’s poisoning still lingers in the minds of many Texans. Few recall, however, the dark motives of the man convicted of the crime.
The Treaty Oak is the lone surviving member of the Council Oaks, a grove where folklore holds that Stephen F. Austin met with Comanche and Tonkawa tribes to negotiate the first boundary treaty of Texas. The 600-year-old live oak is a beloved Austin landmark. Before the poisoning, its branches spread some 130-feet wide.
Photo: Facebook/Cecilia Minden
John Giedraitis, at that time the arborist for the City of Austin, discovered dead grass under the tree in spring, 1989. After heavy rains caused the poison to penetrate the oak, leaves yellowed and sailed to the ground. Something was terribly wrong. Soon the malevolent cause of the tree’s illness was discovered, a revelation that shocked the Lone Star State.
Texans from far and wide arrived to pay their respects to the dying tree. Around its thick trunk, they left notes and gifts, as well as prayers for the tree’s recovery. The experts were unanimous: none of them believed there was any hope for the Treaty Oak. Billionaire Ross Perot sent Austin a blank check. The city would spend $250,000 in an attempt to save the tree, using radical, desperate methods.
Police ultimately arrested Paul Stedman Cullen, an ex-feed store employee and the son of a U.S. Air Force colonel. During the trial, which made national news, prosecutors claimed Cullen’s motives were threefold and truly bizarre. He had spread Velpar herbicide around the oak in the shape of a moon, enacting a witchcraft ritual designed to kill the tree, which symbolized Cullen’s love for his methadone counselor. Additionally, the act served as revenge against the state for forcing Cullen to plant trees while he was imprisoned for committing a previous crime.
Photo: Facebook/Barbara Garner Mortan
Witness Cindy Blanco testified that Cullen owned books on witchcraft and that he’d told her he had placed items belonging to the counselor around the oak’s roots before pouring the herbicide. When Cullen drove past the dying tree, Blanco claimed, it was as though he were watching his own unrequited love slowly perishing.
Cullen maintained his innocence and claimed the media was setting him up. His attorney made the case that Cullen had lied to Blanco in an attempt to appear impressive. The defendant faced the stark possibility of a life sentence.
Photo: Austin History Center
The jury faced a difficult decision. They understood that a man’s life is worth more than any tree, even if the man in question is a criminal. Yet at the same time, the jury acknowledged a serious and disturbing crime had been committed and justice must be served. In May 1990, the jury gave Cullen a nine-year sentence and a fine of $1,000. He would serve only three years.
Perhaps prayers are stronger than black magic. In the end, the Treaty Oak survived. Though now a third of its original size, the oak is going strong and managed to produce acorns in 1997 for the first time since the poisoning. The Treaty Oak outlived Cullen, who passed away in 2001 at the age of only 57.
