CHARLESTON, W.Va. . — The West Virginia Supreme Court of Appeals is being asked to intervene in a case involving the proposed movement of a World War I veteran’s remains.
Chester Howard West was awarded the Medal of Honor for his service in World War I. The citation for the commendation reveals West demonstrated courageous action on September 26, 1918, while approaching enemy lines during the Meuse-Argonne Offensive. His Medal of Honor Citation describes the action:
“While making his way through a thick fog, his advance was halted by direct and unusual machine gun fire from two guns. Without aid, he at once dashed through the fire and, attacking the nest, killed two of the gunners, one of whom was an officer. This prompt and decisive hand-to-hand encounter on his part enabled his company to advance farther without the loss of a man.”
West was murdered in 1935 and buried in the family cemetery of his wife Maggie VanSickle upon her request. West, who was not originally from West Virginia, had no family buried in the graveyard.
Since then the land has become state property and the cemetery was long forgotten, buried deep inside the Chief Cornstalk Wildlife Management Area. A Boy Scout project to clean up the cemetery discovered West’s grave, which is marked by a headstone reflecting his military service, but not his Medal of Honor Status.
West Virginia’s only living Medal of Honor recipient, Woody Williams, began a campaign to relocate West’s remains to the West Virginia Veterans Cemetery in Institute. Williams seeks to have West buried in a prominent spot where his memory will be preserved with a higher level of honor and remembrance.
A lower court judge authorized the disinterment and moving of West’s remains. The family of his widow appealed the judge’s decision to the Supreme Court.
“His motives are clearly understandable,” said the VanSickle Family attorney Robert Bastress of Williams’ effort. “But there’s no reason why his goals and purpose in doing this could not be completely satisfied by the erection of a marker, monument, or other recognition of Mr. West’s sacrifice and service to this country.”
But Williams’ attorney John Teare Jr. cited previous court rulings during Tuesday’s oral arguments which backed up the lower judge’s ruling. He also argued the cemetery had been forgotten and fallen into disrepair.
“I think the judge’s findings, sitting as a court in equity and without a jury, his findings are entitled to great deference,” said Williams’ attorney John Teare Jr. “His findings are the cemetery was not maintained and a description of the cemetery was it was overgrown and there were actually trees growing out of some of the graves.”
‘You don’t need the bodily remains to have a monument that meets the goal,” Bastress argued. “The Washington Monument is a pretty nice monument, but George is not buried there.”
But Teare argued that doesn’t work in this case because of the remote location.
“If you were to spend $100,000 to put a monument out there in the cemetery, nobody would see it,” he said. “You’re alternative might be a sign out there which say, ‘Two miles this way, Mr. West is buried.'”
Bastress argued a second point which cited other case law which gave priority to the family’s wishes. Specifically in this case the wishes of West’s widow. Ironically, Teare noted Mrs. VanSickle-West was not buried in the cemetery. She eventually remarried and was buried beside her last husband in Charleston.
“The VanSickles, while we have no dispute with them, they are related by marriage, they are not lineal descendants,” Teare argued. “At the time he was buried, there was no national cemetery in West Virginia. There was no Veterans Cemetery. “