Chester Howard West and where he should rest in hallowed glory

| February 7, 2017

It’s unlikely that many people have ever heard of Chester Howard West, which is perhaps unsurprising given that he died in 1935.  But he was a hero with very few peers.  As a lawsuit (that I will discuss in a minute) said of him:

Mr. West was a 20 year old first sergeant in an automatic rifle section of the 363rd’Infantry Regim.ent, U. S. Army’s 91st “Wild West” Division. On September 26, 1918, the opening day ofthe Allies decisive, war ending Meuse-Argonne Offensive, West approached German lines near Bois-de-Cheppy, France. “While making his way through a thick fog, his advance was halted by direct and unusual machine gun fire from two guns,” according to West’s Medal of Honor ·citation. ”Without aid, he at once dashed through the fire and, attacking the nest, killed two of the gunners, one of whom was an ~fficer. This prompt and decisive hand-to-hand encounter on his part enabled his company to advance farther without the loss of a man.”

Note that first line, he was a 20 year old First Sergeant.  That is astonishing.  Guy couldn’t legally drink now at 20, but in 1918 he was a first sergeant, responsible for perhaps 140 men.  Astonishing.

But now Mr. West will be the focal point of a West Virginia Supreme Court decision, coming next week.  

Mr West was subsequently murdered by his boss and buried in a family cemetery located within the Chief Cornstalk Wildlife area owned and managed by the state of West Virginia.  Visiting Mr. West is no easy task. The road to the site has a fence around it, and is in such disrepair that most vehicles can’t even make it down there.  

According to a court decision in Mason County West Virginia:

the real estate surrounding the cemetery was acquired by the State in the 1970s and a road providing access to the cemetery was gated and the road was closed, thus making it difficult to access the cemetery to visit or maintain the same.

Further:

Petitioner [more on him in a minute] found the cemetery had been cleared by a Boy Scout as his Eagle Scout project. Petitioner found Mr. Wesfs burial monument was broken and d~teriorated by time and weathering….A newspaper article submitted into .evidence revealed that Eagle Scout Derrick: Jackson reclaimed Mr. West’s gravesite and re-erected the headstone as part ofhis E~gle Scout project in May, 2015.

Now, what makes this even more compelling is that the Petitioner in this case is Herschal Woody Williams, himself a Medal of Honor recipient, and quite possibly the nicest person to ever walk the planet.  (In fact, my wife told me when I proposed to her that she would only marry me because Woody hadn’t proposed to her yet, despite the roughly 50 years age difference.)  Not only is Woody the nicest guy ever, he’s also a proud Legionnaire, and in fact spoke at our Annual Convention last year, and even discussed people like Mr. West:

Now some of Mr. West’s family (by marriage, not lineal descendants, don’t want him moved.  So they appealed the lower court decision, and it goes before the West Virginia Supreme Court next week.

I’m hoping to make the drive out to listen to the oral arguments.

Medal of Honor recipients are my heroes, and I suspect that is true of everyone.  For all I joke about Tom Brady being my hero, the reality is he tosses a football, and he brings me happiness doing it.  (More so the last two days.)  But for actual heroes, for those I want to discuss with my daughter and the twins I am expecting, it is the Woody Williams, the Ryan Pitts, and the Sal Giuta’s of the world that I want to tell my kids about.  Mr. West is no different.  And I would visit his grave if I could.  But with a closed road in such disrepair that just isn’t possible.  He’s a national treasure, truly, and I hope the Supreme Court of West Virginia agrees, so that generations of soldiers and citizens can come and pay homage to a man who saved the world from the evil that could have stemmed from a loss in World War I.

Category: Politics

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Dapandico

Has Senator Manchin or any WV Congress Critter in Dee Cee put out any comments?

OWB

No idea if the law supports the idea, but if the family cared so much about him you would think they would have cared for his gravesite a bit better than they did. Meanwhile, others have stepped up, willing to give the man the honor he more than earned, and the family wants to bock that?

Makes no sense at all.

OWB

OK – need to modify my outburst above. After reading the brief filed on behalf of the family, assuming they are not lying about any of the facts, apparently they have attempted to care for the gravesite and have had their efforts blocked.

So, even if the Court supports the moving of Mr. West’s remains, access to the rest of the family will remain an issue.

Veritas Omnia Vincit

OWB, I think your outburst was okay…the family could have sued for access at any time…however the actual truth of the matter is they did not pursue it until it became clear the remains might be removed.

It would seem the objection to him being moved has more to do with his dead wife’s wishes than it does with what’s best to preserve the name and history of a medal of honor winner. I think the court considered that when it found in favor of Woody’s proposal to disinter and then re-inter in a more appropriate place of honor for Mr. West.

I find the family’s objections a bit disingenuous at this point. A Boy Scout group was able to get access to the site so it’s clear that it was possible if one was perhaps persistent.

I’m not suggesting that the family was purposely negligent in pursuing this issue, just that because he’s not really family they weren’t perhaps as dedicated to purpose as they might have been if it had been their father as opposed to their aunt’s husband.

2/17 Air Cav

“the family” is no family to West at all. That’s key.

PSmith

It’s not whether they are family or not. It’s whether blood or marriage is more important. Mr. West’s wife wanted all three of her husbands buried there so she someday would be buried with all of them. My grandfather is one of them.
I know this to be true as she told me so. The state gated the road to the cemetery years ago. The family is telling the truth.

OWB

Where is she buried? Not with him, right?

PSmith
2/17 Air Cav

If those were Mr. West’s wishes, I would defer to him. It’s odd to me that Maggie isn’t buried with her husbands and her parents. Whatever the reason for that (and the article disposes of it with one vague line) it is a curiosity. Did she not intend to be buried with them? If she did, why was she not?

PSmith

She intended to be buried there but didn’t die until 1968 and the road was too bad by then. Her remaining family decided not to bury her there for that reason. Moving Mr. West also means taking him from a beautiful area he’s been in to a cemetery that’s located by an interstate highway and near polluting industrial plants.

desert

Amen and since they didn’t care, its no longer up to them, he is a “national Hero, monument if you will” and belongs to the hearts of the people, and the people have the right to visit his grave and honor his memory! Virginia went all out for Sgt York, why not this one?

Ex-PH2

If it’s a cemetery that holds Mr. West’s remains, it also holds the remains of other people, who may or may not have family, too.

It’s kind of strange for a state to block access to something like this. Perhaps the most sensible thing to do would be to move the entire cemetery to a more accessible location. What if there are other people like Mr. West buried there?

OWB

This was a private, family cemetery, so all buried there are some sort of family to the folks filing the lawsuit.

After talking with some folks who know about such things, apparently it is against WV law to block access to such a cemetery, even after ownership has changed, so the state is doing what it won’t allow others to do. Maybe. Haven’t looked at that law, so it may exempt the state from what it requires others to do.

This could be very interesting. Looking forward to TSO’s report on the proceedings.

2/17 Air Cav

You should read the decision. It explains everything, and it does so in plain language. The appeal is what is pending. The lower ct ordered the remains of Top West to be removed. If the court’s factual findings are correct, no way the Supreme Cy of WV reverses.

OWB

In case anyone else wants to read it all, they files can be accessed here:

http://courtswv.gov/supreme-court/calendar/2017/dockets/feb-15-17ad.html

Yes indeed, you can get there using TSO’s link as well.

2/17 Air Cav

Thanks, OWB. TSO’s link goes to the lower court decision and yours to the appellate briefs.

OWB

When the time comes for the hearing, noticed a clickie thingie on the calendar/docket page to watch it on a live stream:

http://www.courtswv.gov/supreme-court/calendar-docket.html

2/17 Air Cav

Very, very cool. Oral argument is 15 February at 10:00.

19D2OR4 - Smitty

Random question, completely irrelevant to the subject at hand, but does anyone have any idea what ‘unusual machinegun fire’ might be?

Unless the guns were firing chickens out of their barrels, I don’t see how it could be considered ‘unusual’.

Just An Old Dog

Small family cemeteries. IMHO should be left the hell alone and never have access blocked.
The main reason is that they often have been in existence for close to 200 years and several graves end up being unmarked.
I have 5 generations of my family buried in a small cemetery in Montgomery County Virginia. They date from my first Ancestor who immigrated from Germany in 1728 to My Great Grandfather who died in 1917. Several of the Graves have no tombstones above them, just a few markers in the proximity.
If the state or anybody wanted to try to move them I’d be pissed.
If this was a Native American Burial Ground no one would dare touch it.

PSmith

You’re a wise “Old Dog” and correct. If we can’t respect the dead and not disturb them to gratify others, we’re a sad lot.

OWB

So, did anyone watch the hearing?