By Joe, I think you got it. It looks exactly like the photo from http://www.smgrowers.com/products/plants/plantdisplay.asp?plant_id=1295 Thanks for the help.

AliCx - they are pretty easy to get here, particularly in the South. I have seen quite a few today in suburban front gardens on a trip to the Portsmouth area. There is a lovely old one in a local square near my home too. I bet now you've got an id you'll see them all over the place. The ones in your photo have, as you surmise, been really badly pruned. It's actually an elegant small tree. BTW the plants below it are Bergenia. If you Google you'll find lots of sources. The fruits are cool too.

Thanks, everyone. Carol, yes, I see that you commented based on my incomplete description. Good guess. NHBabs and macranthos, I'm sure you nailed it. There used to be a red oak close by and there are red oak (Q. rubra) everywhere and seedlings take root from the many acorns. I might have put a bit of round-up on some of the obstinate wild blackberry canes, and that could account for the damaged red oak. I'm going to yank it soon along with some other unwanted volunteers. Ditto the Vinca minor that I want to eradicate. I think I will mechanically remove things. Thanks again. I appreciate your time and talent. This forum is amazing.

Sadly, I agree that it is Rhamnus cathartica. Really tough invasive to get rid of. They laugh at being cut to the ground. I've read a great article (with positive results) on the non-chemical removal means they note in this data sheet: https://files.dnr.state.mn.us/natural_resources/invasives/terrestrialplants/woodyplants/buckthorn_what_you_should_know.pdf