http://books.google.com/books?id=7EXnAAAAMAAJ&pg=PA34&dq=%22c.+g.+schott%22&hl=en&ei=SO4-TfmZMsGB8gan6cmzCg&sa=X&oi=book_result&ct=result&resnum=4&ved=0CDQQ6AEwAw#v=onepage&q=%22c.%20g.%20schott%22&f=false
http://books.google.com/books?id=7Rw8AAAAIAAJ&pg=PA338&dq=%22c.+g.+schott%22&hl=en&ei=SO4-TfmZMsGB8gan6cmzCg&sa=X&oi=book_result&ct=result&resnum=5&ved=0CDgQ6AEwBA#v=onepage&q=%22c.%20g.%20schott%22&f=false
http://books.google.com/books?id=bjoLAAAAYAAJ&pg=PA1024&dq=%22c.+g.+schott%22&hl=en&ei=SO4-TfmZMsGB8gan6cmzCg&sa=X&oi=book_result&ct=result&resnum=6&ved=0CDwQ6AEwBQ#v=onepage&q=%22c.%20g.%20schott%22&f=false
Suit for Damages for the Prosecution of Physician for Alleged Complicity in Substitution
The following case is of interest to life companies, not alone because the Louisville (Ky.) frauds are still fresh in mind, but because of the definition of malicious prosecution, which point was paramount in the suit for damages which followed the indictment and acquittal of the examining physician:—
ABOVE WRITTEN IN
COURT OF APPEALS OP KENTUCKY.
Court of Appeals of Kentucky
SCHOTT vs. Indiana Nat. Life Ins. Co.
Appeal from Circuit Court, Jefferson County.
Action by C. G. SCHOTT against the Indiana National Life Insurance Company. From a judgment for defendant, plaintiff appeals. Affirmed.
Henry J. TILFORD, of Louisville, for Appellant.
KOHN, BINGHAM, SLOSS & SPINDLE, of Louisville, for Appellee
HOBSON, C.J.
Early in the year 1910 a number of insurance companies doing business in Louisville learned that they were being defrauded as the result of a conspiracy of their agents to procure insurance upon the lives of unfit persons by false applications and answers, and by the substitution of healthy persons for examination in lieu of the unfit persons named in the applications. The companies employed attorneys to represent them and ferret out the frauds. Among the companies was the Indiana National Life Insurance Company. Dr. C. G. SCHOTT had made a number of medical examinations, and in the course of their investigation the attorneys saw Dr. SCHOTT, and he went with them to see some of the persons who had been examined, and assisted them in getting up evidence in regard to the matter. Subsequently warrants were taken out in the city court against three insurance agents. Dr. SCHOTT was summoned as a witness for the commonwealth, and in the city court the three agents were held over to answer any indictment that might be found against them by the grand jury. Dr. SCHOTT was summoned to appear before the grand jury and, as we understand the record, appeared before it as a witness. The grand jury returned indictments against the three agents, and also against Dr. SCHOTT and Dr. ROGERS. On the calling of the case in the circuit court the commonwealth attorney dismissed the indictment as to Dr. ROGERS. One of the insurance agents was sick when the case came on for trial; one pleaded guilty; and, the case being tried as to the third agent and Dr. SCHOTT, the agent was found guilty and Dr. SCHOTT was acquitted. Afterwards he brought this suit against the Indiana National Life Insurance Company to recover damages charging that the prosecution against him was instituted by it maliciously and without probable cause. The defendant filed an answer controverting the allegations of the petition, and the case coming on for trial before a jury, at the conclusion of the evidence for the plaintiff, the court instructed the jury peremptorily to find for the defendant. The plaintiff's petition having been dismissed, he appeals.
The only question we deem it necessary to consider on the appeal is whether there was any evidence tending to show that the prosecution was without probable cause. In Newell on Malicious Prosecutions, p. 10, it is said:—
"The want of probable cause is the essential ground of the action. * * * The burden of proof is upon the plaintiff to prove affirmatively, by circumstances or otherwise, as he may be able, that the defendant had no ground for commencing the prosecution."
Again on page 276 he says: —
"Whether the circumstances alleged to show it probable are true and existed is a matter of fact, to be determined by the jury, but whether, supposing this to be true, they amount to probable cause is a question of law."
To same effect, see Marshall vs. Maddock, Lit. Sel. Cas. 106; Yocum vs. Polly, 1 B. Mon. 358, 36 Am. Dec. 583; Roberts vs. Thomas, 135 Ky. 63, 121 S. W. 961, 21 Ann. Cas. 456; Hudson vs. Nolen, 142 Ky. 824, 135 S. W. 414. In Burks vs. Ferriell, 80 S. W. 809, 26 Ky. Law Rep. 37, we said: —
"Even if appellee had actually been innocent of the offense charged, yet if appellant, when the warrant was obtained, had actually reasonable grounds to believe and did believe that appellee was guilty of the offense, he cannot be mulched in damages for having procured the warrant. If the law was otherwise it would be a great hindrance and almost an impossibility to have the criminal law of the commonwealth enforced. Individuals would be afraid to put the criminal law in motion for fear that they would be made responsible in damages if perchance it turned out that the party prosecuted was innocent,"
[1] What facts and circumstances amount to probable cause is a question of law. Whether they exist or not in any particular case where the evidence is conflicting is a question of fact to be determined by the jury. But, where there is no conflict in the evidence, whether the facts shown amount to probable cause is ordinarily a question of law for the court. Ahrens & Ott vs. Hoeher, 106 Ky. 694, 51 S. W. 194, 21 Ky. Law Rep. 299; Metropolitan Life Ins. Co. vs. Miller, 114 Ky. 754, 71 S. W. 921, 24 Ky. Law Rep. 1561; Provident, etc., Associated Society vs. Johnson, 115 Ky. 84, 72 S. W. 754, 24 Ky. Law Rep. 1902; Faris vs. Starke, 3 B. Mon. 4; Alexander vs. Reid, 44 S. W. 211, 19 Ky. Law Rep. 1636; Moore vs. Large, 46 S. W. 508, 20 Ky. Law Rep. 409.
[2] In Garrard vs. Willet, 4 J. J. Marsh, 630, this court said: —
"When a grand jury, upon other testimony than that of the prosecutor alone, find an indictment to be a true bill, the presumption is prima facie that, as they, on their oaths, have said that the person indicted is guilty, the prosecutor had reasonable ground for the prosecution. Nevertheless, the law still presumes that the person indicted is innocent. But this presumption will not repel the inference that there was 'probable cause.' And consequently the final acquittal of the accused will not per se prove a want of 'probable cause.'"
To the same effect, see Branham vs. Berry, 4 Ky. Law Rep. 414; Jones vs. L. & N. R. R. Co., 96 S. W. 793, 29 Ky. Law Rep. 946.
It remains to determine, under these authorities, whether there was any evidence tending to show a want of probable cause for the prosecution, for, if there was any evidence of a want of probable cause, the question was for the Jury, and the court should not have taken the case from the jury. While there is a prima facie presumption of probable cause from the finding of an indictment by the grand jury, and this presumption would not be overcome by the acquittal of the accused on the trial of the indictment, the presumption would be overcome ordinarily by proof in addition showing that the defendant had no connection with the offense, unless this proof also disclosed that the prosecutor had reasonable grounds for believing him guilty, although he was in fact innocent.
[3] In the case before us the defendant's proof has not been heard. The case is here on the plaintiff's own evidence. This shows these facts: A large amount of fraudulent insurance had been taken out; he [SCHOTT] had made the examination of one Jacob CASSELL, reporting him sound and a good risk. CASSELL was in fact a one-armed man and not a fit subject for insurance. He was personally known to the doctor and had been treated by him several times, the last time about two weeks before the date of the application. He had made the examination of Walter E. RIDER, reporting him to be a perfectly healthy man, when in fact RIDER was drying of consumption and an unfit risk. He made the examination of Luke FLANNERY, reporting him to be fifty-six years of age, and FLANNERY signed by making his mark, when in fact FLANNERY was over sixty and beyond the age when he could be insured; and a few weeks later he examined FLANNERY on another application in another company, when FLANNERY signed his name in a good round hand. He told the agents of the company as to RIDER that he had examined a man he supposed was RIDER, and on the trial he testified that he examined the supposed RIDER at different times at the same place for different companies, describing RIDER as a red-faced looking man with a good big chest, about middle-aged. In the application he stated the man's age to be thirty-six. In all these cases, on the investigation by the insurance company, he refused to say whether substitutes had been Imposed upon him. He examined Barney MAHER, purporting him to be fifty-three years of age, and a grocery and feed store clerk, though Barney MAHER is in fact a hunchback and a very old man. He made this examination back of a saloon and not at his home or place of business. The circuit court thus summed up the case to the jury: —
"We are called upon to determine whether or not the insurance company, assuming that they procured the indictment and prosecuted Dr. SCHOTT, had reasonable grounds to believe, and did believe, that Dr. SCHOTT was a party to this fraudulent conspiracy, and in doing that we can only look at such evidence as they had or could, by reasonable diligence, obtain. You have heard the testimony about these three or four or five fraudulent applications; you have heard the testimony about Dr. SCHOTT examining a man and seeing him make his signature by mark, a few months after that examining the same man for a large policy, seeing him write his name in full, a very good handwriting, legible, quite so; you have heard the testimony that Dr. SCHOTT was called upon to verify the statement that he had been imposed upon and substitutes had been furnished to him for the real applicants for insurance; and you have heard his statement that he declined to make such statement as that, because he did not know. There are other facts and circumstances that I might recount, but I only recount that to recall your attention to what is necessary for the plaintiff to show to recover here against the insurance company, and that is to show that the insurance company did not have sufficient evidence to cause a reasonable man to believe that he (Dr. SCHOTT), was guilty of the offense. There is no evidence here at all that the real men who applied for these three policies of insurance, RIDER, CASSELL, FLANNERY (sic), there is no proof tending to show here, gentlemen, that any one of those three men who applied for this insurance was examined by Dr. SCHOTT. On the contrary the proof convinces this court, and I think counsel, in the preparation and presentation of the case, concede to themselves and to the court, in fact, that there were substitutions there, and that Dr. SCHOTT had been fraudulently procured to certify as to the health and family history, and so forth, of these people by examining a healthy man upon a sick man's application. These were the facts that were before the insurance company, and this court is to determine what a reasonably prudent man would do under circumstances like that."
[4, 5] We concur with the circuit court in the conclusion that, on the admitted facts shown by the plaintiff's evidence, there was probable cause for the prosecution, although it afterwards turned out that Dr. SCHOTT was in fact imposed upon by the insurance agents. The rule as to when a peremptory instruction should be given, in actions for malicious prosecution, is not different from that application in other like civil actions. A peremptory instruction should be given where the facts are undisputed and, on the undisputed facts, there is not room for a difference of opinion among reasonable men as to the inference to be drawn from them. The gist of an action for malicious prosecution is the abuse of the process of the court. To make out his case, the plaintiff must show both malice and want of probable cause. The proper enforcement of our criminal laws requires that persons should not be deterred from instituting proceedings to enforce them, where they have probable cause for their action. It seems to us that the facts we have stated warranted the grand jury in finding the indictment against Dr. SCHOTT, and that reasonable men would conclude on these facts that there was probable cause for believing him guilty.
Judgment affirmed.
Tuesday, January 25, 2011
Monday, December 6, 2010
Flashback - December 1989 - Owensboro's Funeral Home Leaves Downtown After 56 Years
Move gives funeral home more space
Stewart Jennison ~ Owensboro's Messenger-Inquirer ~ 12/9/1989
Glenn Taylor is going to miss the downtown location where his family's funeral home business has operated since 1933.
"That's where I grew up. I learned to ride my bike in that parking lot," says Taylor, 40, vice president of Glenn Funeral Home located - until Monday - at 104 E. Fourth St.
But after four years of planning and nearly 14 months of site work and construction, Taylor and the 14 other employees of the funeral home and its related businesses are anxious to occupy their spacious new building on Old Hartford Road at Breckenridge Street.
Spacious is the operative word here. The new facility, with its 150-car parking lot, uses five of the nine acres the family corporation purchased from owners of the former Cardinal Drive In.
The two-story building encloses 20,500 square feet, according to building permit records.
"It's big for a reason," Taylor said. "We're serving a lot of families that need that much space." The new building has four visitation rooms plus a separate chapel. The Fourth Street building had three visitation rooms, including one that doubled as a chapel, and barely enough parking for 50 cars.
There's also a large lounge area with refrigerators where family members can relax, a library stocked with materials of help to families dealing with death and a special room where children can be at ease without disturbing adults.
Unseen by most visitors will be the wide corridors that encircle the public areas. The hallways and four-foot wide doors make it easy to move caskets and bundles of flowers from one area to another with a minimum of disturbance to families, Taylor said.
The upstairs includes a conference room where funeral arrangements are made, a casket selection room, a storage area and a residential apartment.
Taylor said the new structure also provides needed office space for Owensboro Memorial Gardens and Owensboro Pre-Arrangement Center, a funeral trust service.
Taylor said his family will miss its downtown location, which is now being offered on the real estate market, but there was no room for expansion there. "We were landlocked," he said.
Painters and other contractors were still busy making finishing touches in the new Georgian-design home Friday, but Taylor said all operations will officially move there Monday.
Traditions are important in the funeral home business, Taylor said, and two outside lamps that frame the main entrance doors are more than symbols of an earlier era: They are the original coach lamps from the horse-drawn hearse driven by his grandfather, W. E. Davis.
Lucy Glenn Taylor is president of Glenn Funeral Home. Allan Harl Jr. is corporate secretary of the funeral home and president of Owensboro Memorial Gardens.
The new building was designed by Louisville architect John Doomas. Lanham Brothers of Owensboro was the general contractor.
Stewart Jennison ~ Owensboro's Messenger-Inquirer ~ 12/9/1989
Glenn Taylor is going to miss the downtown location where his family's funeral home business has operated since 1933.
"That's where I grew up. I learned to ride my bike in that parking lot," says Taylor, 40, vice president of Glenn Funeral Home located - until Monday - at 104 E. Fourth St.
But after four years of planning and nearly 14 months of site work and construction, Taylor and the 14 other employees of the funeral home and its related businesses are anxious to occupy their spacious new building on Old Hartford Road at Breckenridge Street.
Spacious is the operative word here. The new facility, with its 150-car parking lot, uses five of the nine acres the family corporation purchased from owners of the former Cardinal Drive In.
The two-story building encloses 20,500 square feet, according to building permit records.
"It's big for a reason," Taylor said. "We're serving a lot of families that need that much space." The new building has four visitation rooms plus a separate chapel. The Fourth Street building had three visitation rooms, including one that doubled as a chapel, and barely enough parking for 50 cars.
There's also a large lounge area with refrigerators where family members can relax, a library stocked with materials of help to families dealing with death and a special room where children can be at ease without disturbing adults.
Unseen by most visitors will be the wide corridors that encircle the public areas. The hallways and four-foot wide doors make it easy to move caskets and bundles of flowers from one area to another with a minimum of disturbance to families, Taylor said.
The upstairs includes a conference room where funeral arrangements are made, a casket selection room, a storage area and a residential apartment.
Taylor said the new structure also provides needed office space for Owensboro Memorial Gardens and Owensboro Pre-Arrangement Center, a funeral trust service.
Taylor said his family will miss its downtown location, which is now being offered on the real estate market, but there was no room for expansion there. "We were landlocked," he said.
Painters and other contractors were still busy making finishing touches in the new Georgian-design home Friday, but Taylor said all operations will officially move there Monday.
Traditions are important in the funeral home business, Taylor said, and two outside lamps that frame the main entrance doors are more than symbols of an earlier era: They are the original coach lamps from the horse-drawn hearse driven by his grandfather, W. E. Davis.
Lucy Glenn Taylor is president of Glenn Funeral Home. Allan Harl Jr. is corporate secretary of the funeral home and president of Owensboro Memorial Gardens.
The new building was designed by Louisville architect John Doomas. Lanham Brothers of Owensboro was the general contractor.
Friday, December 3, 2010
Flashback - July 1989 - Slaty Creek Baptist Church Cemetery Vandalized & Repaired
29 tombstones disturbed in church cemetery
Owensboro Messenger-Inquirer - July 18, 1989
SLATY CREEK - Twenty-nine tombstones were overturned and several were broken at a remote Ohio County cemetery Saturday night or Sunday morning, according to Kentucky State Police.
The Rev. Pete Leach said most of the members of the congregation didn't learn of the vandalism at the church's cemetery until Sunday night services.
"I think the first response was that it was unbelievable that somebody would do something like this," Leach said.
State police in Henderson received a report Sunday that the cemetery off Kentucky 269, 10 miles south of Beaver Dam, had been disturbed. Police believe the vandalism occurred between 5 p.m. Saturday and 7 a.m. Sunday.
No arrests have been made for the crime, which is a felony in Kentucky.
Leach, the church's pastor for 14 years, said this is the first time anyone has damaged the rural church or cemetery .
"When the shock wears off, you have a tendency to get angry, and you wonder what kind of sick person would do this," Leach said.
"I would suspect the ones who did this would have to be kids, but I don't know," Ohio County Sheriff Jim Wheeler said.
Leach said Slaty Creek cemetery is a community cemetery, but the church pays for its upkeep.
"I think this puts a little bit of fear in the community that someone would do this," Leach said. "No one knows for sure where these people were from." Many of the graves in the small cemetery date back more than 100 years.
Among those stones knocked over and broken was an obelisk-shaped marker on the grave of the Rev. Alfred Taylor, who died in 1865. Another disturbed tombstone marked the grave of Emery C. Cohron, who died in France during World War I in 1918 and was buried in the cemetery in 1921.
The cemetery is a short distance from the church and sits on a hill near a gravel road.
Leach said the church trustees will check to see whether insurance will cover the damage. If it doesn't, "the community will pull together" to correct things, he said.
Repair of tombstones 'eased a lot of sorrow'
Owensboro Messenger-Inquirer - July 25, 1989
After 29 tombstones were overturned and broken two weeks ago at Slaty Creek Baptist Church cemetery in Ohio County, prayers were answered, the Rev.
Pete Leach said.
A Beaver Dam funeral home and a Bowling Green monument company repaired markers and reset them on the graves for free, Leach said.
"This has eased a lot of heartaches, sorrow and grief, and I guess restored our faith in mankind," he said.
Sheriff Jim Wheeler said he has leads in the case and is close to making arrests. He believes those responsible are juveniles.
Members of the Slaty Creek church and the community were stunned after about a fourth of the tombstones in the graveyard were vandalized July 15.
The cemetery is off Kentucky 269, 10 miles south of Beaver Dam.
"One fellow came by the cemetery and said, 'This is pretty bad when the dead can't even rest in peace,'" Leach said.
But the generosity of William L. Danks Funeral Home and Fred Keith Monument Co. has gone a long way toward making people forget, Leach said.
"There's more talk about this good deed than there is about the vandalism," he said.
After the vandalism, church trustees were quoted an estimate of $2,900 to repair the tombstones, Leach said. Insurance wouldn't pay for the damage because each marker is individually owned, he said.
The church owns the land for the public cemetery , but a separate cemetery fund pays for the upkeep.
"We realized at that point we would have to do something about it ourselves," and the congregation planned a work day at the cemetery Saturday, Leach said.
But Wednesday night after church, Danks called Leach and asked whether he and Keith could help. Danks' son, Jeff, represents Keith in Ohio County.
After getting the go-ahead, workers from Keith Monuments arrived Thursday with equipment and repaired the tombstones.
"I don't guess words are adequate to thank Mr. Keith and Mr. Danks," Leach said. "Those people will forever remain in the hearts of the people of Slaty Creek." Danks said Monday that he, his son and Keith just wanted to help correct a bad situation.
"That was a bad thing to do, turn over memorials," Danks said. "They are very expensive and are easily broken.
"It doesn't take a very high IQ to do something like that," he said.
"Hopefully, when those responsible are caught they'll get a lesson out of it where they won't do it again."
Additional information for Slaty Creek Baptist Church Cemetery:
Find-a-Grave: Slaty Creek Baptist Church Cemetery (Ohio County, KY)
Satellite Views: Slaty Creek Cemetery
Owensboro Messenger-Inquirer - July 18, 1989
SLATY CREEK - Twenty-nine tombstones were overturned and several were broken at a remote Ohio County cemetery Saturday night or Sunday morning, according to Kentucky State Police.
The Rev. Pete Leach said most of the members of the congregation didn't learn of the vandalism at the church's cemetery until Sunday night services.
"I think the first response was that it was unbelievable that somebody would do something like this," Leach said.
State police in Henderson received a report Sunday that the cemetery off Kentucky 269, 10 miles south of Beaver Dam, had been disturbed. Police believe the vandalism occurred between 5 p.m. Saturday and 7 a.m. Sunday.
No arrests have been made for the crime, which is a felony in Kentucky.
Leach, the church's pastor for 14 years, said this is the first time anyone has damaged the rural church or cemetery .
"When the shock wears off, you have a tendency to get angry, and you wonder what kind of sick person would do this," Leach said.
"I would suspect the ones who did this would have to be kids, but I don't know," Ohio County Sheriff Jim Wheeler said.
Leach said Slaty Creek cemetery is a community cemetery, but the church pays for its upkeep.
"I think this puts a little bit of fear in the community that someone would do this," Leach said. "No one knows for sure where these people were from." Many of the graves in the small cemetery date back more than 100 years.
Among those stones knocked over and broken was an obelisk-shaped marker on the grave of the Rev. Alfred Taylor, who died in 1865. Another disturbed tombstone marked the grave of Emery C. Cohron, who died in France during World War I in 1918 and was buried in the cemetery in 1921.
The cemetery is a short distance from the church and sits on a hill near a gravel road.
Leach said the church trustees will check to see whether insurance will cover the damage. If it doesn't, "the community will pull together" to correct things, he said.
Repair of tombstones 'eased a lot of sorrow'
Owensboro Messenger-Inquirer - July 25, 1989
After 29 tombstones were overturned and broken two weeks ago at Slaty Creek Baptist Church cemetery in Ohio County, prayers were answered, the Rev.
Pete Leach said.
A Beaver Dam funeral home and a Bowling Green monument company repaired markers and reset them on the graves for free, Leach said.
"This has eased a lot of heartaches, sorrow and grief, and I guess restored our faith in mankind," he said.
Sheriff Jim Wheeler said he has leads in the case and is close to making arrests. He believes those responsible are juveniles.
Members of the Slaty Creek church and the community were stunned after about a fourth of the tombstones in the graveyard were vandalized July 15.
The cemetery is off Kentucky 269, 10 miles south of Beaver Dam.
"One fellow came by the cemetery and said, 'This is pretty bad when the dead can't even rest in peace,'" Leach said.
But the generosity of William L. Danks Funeral Home and Fred Keith Monument Co. has gone a long way toward making people forget, Leach said.
"There's more talk about this good deed than there is about the vandalism," he said.
After the vandalism, church trustees were quoted an estimate of $2,900 to repair the tombstones, Leach said. Insurance wouldn't pay for the damage because each marker is individually owned, he said.
The church owns the land for the public cemetery , but a separate cemetery fund pays for the upkeep.
"We realized at that point we would have to do something about it ourselves," and the congregation planned a work day at the cemetery Saturday, Leach said.
But Wednesday night after church, Danks called Leach and asked whether he and Keith could help. Danks' son, Jeff, represents Keith in Ohio County.
After getting the go-ahead, workers from Keith Monuments arrived Thursday with equipment and repaired the tombstones.
"I don't guess words are adequate to thank Mr. Keith and Mr. Danks," Leach said. "Those people will forever remain in the hearts of the people of Slaty Creek." Danks said Monday that he, his son and Keith just wanted to help correct a bad situation.
"That was a bad thing to do, turn over memorials," Danks said. "They are very expensive and are easily broken.
"It doesn't take a very high IQ to do something like that," he said.
"Hopefully, when those responsible are caught they'll get a lesson out of it where they won't do it again."
Additional information for Slaty Creek Baptist Church Cemetery:
Find-a-Grave: Slaty Creek Baptist Church Cemetery (Ohio County, KY)
Satellite Views: Slaty Creek Cemetery
Tuesday, November 2, 2010
Flashback - September 1989 - Harlan County Funeral Director Charged with Theft After Claiming Funerals for Live Folks
Harlan Funeral Director Charged with Theft
Lexington Herald-Leader ~ 9/16/1989
HARLAN - Police arrested a Harlan County funeral home director on theft charges, including allegations that he took money for conducting funerals for two Harlan County women who are still alive.
Harold D. Cornett, 44, of Lynch was accompanied by his attorney as he surrendered Thursday afternoon to Kentucky State Police.
Cornett, owner of Parker Memorial Funeral Chapel in Cumberland, was arrested on two counts of theft by deception over $100 and four counts of theft by unlawful taking over $100.
He was later released on his own recognizance.
One of the two theft-by-deception charges stemmed from an indictment issued by the Harlan County grand jury, state police said. The other charges stemmed from state police investigations.
Cornett is accused of filing a certificate of performance in the supposed deaths of the two elderly women, according to a news release issued by the state police.
The claims were alleged to have been filed with the Funeral Funding Trust of Kentucky, a prepaid funeral trust fund established through the Kentucky Funeral Directors Burial Association Inc., of Frankfort, the release said.
Cornett also was alleged to have written checks on the accounts of the two women and possibly others, the news release said.
Cornett's attorney, Otis Doan, declined to comment on the matter Thursday. He did not return phone calls yesterday.
State police said Thursday night they also were investigating allegations of misuse of other trust funds in which Cornett was appointed the executor of the estates.
Harlan Commonwealth's Attorney Ron Johnson is giving legal assistance and his full cooperation to the investigation, police said. A subpoena would be sought for records of the Funeral Funding Trust of Kentucky, police said.
"This will be in order for us to check to see if any other Harlan Countians have been victimized in this way," state police detective Alice Chaney said.
All that was required to withdraw money from a trust fund is a notarized certificate of performance, which Cornett provided the company, she said.
"They don't require a death certificate or any other type of documentation that I am aware of," she said.
"Cornett was able to send in these certificates of performance on two ladies that were still alive," she said. "In my opinion, it would have been a good practice of the trust fund organization to require a death certificate in order to prevent such an activity from occurring."
Lexington Herald-Leader ~ 9/16/1989
HARLAN - Police arrested a Harlan County funeral home director on theft charges, including allegations that he took money for conducting funerals for two Harlan County women who are still alive.
Harold D. Cornett, 44, of Lynch was accompanied by his attorney as he surrendered Thursday afternoon to Kentucky State Police.
Cornett, owner of Parker Memorial Funeral Chapel in Cumberland, was arrested on two counts of theft by deception over $100 and four counts of theft by unlawful taking over $100.
He was later released on his own recognizance.
One of the two theft-by-deception charges stemmed from an indictment issued by the Harlan County grand jury, state police said. The other charges stemmed from state police investigations.
Cornett is accused of filing a certificate of performance in the supposed deaths of the two elderly women, according to a news release issued by the state police.
The claims were alleged to have been filed with the Funeral Funding Trust of Kentucky, a prepaid funeral trust fund established through the Kentucky Funeral Directors Burial Association Inc., of Frankfort, the release said.
Cornett also was alleged to have written checks on the accounts of the two women and possibly others, the news release said.
Cornett's attorney, Otis Doan, declined to comment on the matter Thursday. He did not return phone calls yesterday.
State police said Thursday night they also were investigating allegations of misuse of other trust funds in which Cornett was appointed the executor of the estates.
Harlan Commonwealth's Attorney Ron Johnson is giving legal assistance and his full cooperation to the investigation, police said. A subpoena would be sought for records of the Funeral Funding Trust of Kentucky, police said.
"This will be in order for us to check to see if any other Harlan Countians have been victimized in this way," state police detective Alice Chaney said.
All that was required to withdraw money from a trust fund is a notarized certificate of performance, which Cornett provided the company, she said.
"They don't require a death certificate or any other type of documentation that I am aware of," she said.
"Cornett was able to send in these certificates of performance on two ladies that were still alive," she said. "In my opinion, it would have been a good practice of the trust fund organization to require a death certificate in order to prevent such an activity from occurring."
Thursday, October 21, 2010
A Brief History of Madison County's Richmond Cemetery
The early history of Richmond Cemetery - Madison's Heritage
(Archived article @ Newsbank)
Register Columnist Fred Engle ~ The Richmond Register ~ 10/19/2010
RICHMOND — This article is taken from the Richmond Climax, dated May 22, 1889, as supplied by Jasper Castle.
“The Richmond cemetery goes back to about 1848, when Senator John Speed Smith obtained a charter incorporating the cemetery. Nothing more was done for a time, but in 1849 cholera swept away many people and caused renewed interest in the subject. In 1852, the charter was amended, allowing a vote for a tax of $1,000 upon the people of Richmond, to be taken. The election was held, the proposition carried and finally all the money was collected.
In 1856, the trustees, composed of William Rodes, T.J. Gordon, William Holloway, Wm. H. Caperton, Daniel Beck, James B. Walker and Curtis F. Burnam, bought 18 acres of land from Joel Walker at $100 per acre. It was part of the Col. Humphrey Jones tract. In about 1885-6, another 10 acres was bought for $500 an acre from the same Walker-Jones tract.
The cemetery was dedicated on the 31st day of May, 1856. (The) Rev. E. Forman opened the services with prayer and Hon. Curtis F. Burnam delivered the address. Mrs. Jane Todd Breck, wife of Judge Daniel Breck, was buried on the day of the dedication.”
In 1889, it was the most beautiful and costliest cemetery in Kentucky, save those of Lexington, Frankfort and Louisville. Costliest meant there were numerous monuments that cost at least $3,000 in this cemetery.
In 1889, more than $200,000 had been spent on monumental work alone. It has some of the most impressive monuments to honor the citizens buried there.
Upon entering the grounds, the visitor is confronted by a sentinel with a gun in hand, Captain James Estill, the pioneer hero of Little Mountain. Today, this monument badly needs restoration work.
Today’s Richmond Cemetery Board does a fine job in maintaining the grounds and I am sure all the people of our community join me in thanking them for their hard work and dedication to this concrete and evocative part of Madison’s heritage. Jasper Castle’s family and a number of the members of the Engle family are buried there. Unfortunately, vandals recently damaged a number of monuments in the oldest part of the cemetery.
Thanks to Jasper Castle for his historical detective work.
Additional information on Richmond Cemetery:
Find-a-Grave: Richmond Cemetery (Madison County, KY) (Interment records)
Richmond Cemetery Location & Plot Map (Garrison-Logan Family History Site)
(Archived article @ Newsbank)
Register Columnist Fred Engle ~ The Richmond Register ~ 10/19/2010
RICHMOND — This article is taken from the Richmond Climax, dated May 22, 1889, as supplied by Jasper Castle.
“The Richmond cemetery goes back to about 1848, when Senator John Speed Smith obtained a charter incorporating the cemetery. Nothing more was done for a time, but in 1849 cholera swept away many people and caused renewed interest in the subject. In 1852, the charter was amended, allowing a vote for a tax of $1,000 upon the people of Richmond, to be taken. The election was held, the proposition carried and finally all the money was collected.
In 1856, the trustees, composed of William Rodes, T.J. Gordon, William Holloway, Wm. H. Caperton, Daniel Beck, James B. Walker and Curtis F. Burnam, bought 18 acres of land from Joel Walker at $100 per acre. It was part of the Col. Humphrey Jones tract. In about 1885-6, another 10 acres was bought for $500 an acre from the same Walker-Jones tract.
The cemetery was dedicated on the 31st day of May, 1856. (The) Rev. E. Forman opened the services with prayer and Hon. Curtis F. Burnam delivered the address. Mrs. Jane Todd Breck, wife of Judge Daniel Breck, was buried on the day of the dedication.”
In 1889, it was the most beautiful and costliest cemetery in Kentucky, save those of Lexington, Frankfort and Louisville. Costliest meant there were numerous monuments that cost at least $3,000 in this cemetery.
In 1889, more than $200,000 had been spent on monumental work alone. It has some of the most impressive monuments to honor the citizens buried there.
Upon entering the grounds, the visitor is confronted by a sentinel with a gun in hand, Captain James Estill, the pioneer hero of Little Mountain. Today, this monument badly needs restoration work.
Today’s Richmond Cemetery Board does a fine job in maintaining the grounds and I am sure all the people of our community join me in thanking them for their hard work and dedication to this concrete and evocative part of Madison’s heritage. Jasper Castle’s family and a number of the members of the Engle family are buried there. Unfortunately, vandals recently damaged a number of monuments in the oldest part of the cemetery.
Thanks to Jasper Castle for his historical detective work.
Additional information on Richmond Cemetery:
Find-a-Grave: Richmond Cemetery (Madison County, KY) (Interment records)
Richmond Cemetery Location & Plot Map (Garrison-Logan Family History Site)
Tuesday, October 19, 2010
Trial Set for Richmond Cemetery Vandals
Trial set for alleged cemetery vandals
(Archived article @ Newsbank)
Emily Burton ~ The Richmond Register ~ 10/17/2010
Three people accuse of violating more than 150 graves at Richmond Cemetery are headed to trial.
Joseph Dewayne Combs, 25, William Damien Gross, 19, and Sara Elizabeth Smart, 20, are accused of damaging more than 150 grave markers at the cemetery on April 3. The stones were dated from the 1850s to the early 20th century.
The trio was indicted on the charges in September, and have appeared in circuit court several times for pretrial conferences, which have been continued.
On Thursday, Clouse set a trial date for all three of March 14, 2011. The trial is expected to take two days.
The case is being prosecuted by the Fayette Commonwealth’s Attorney Ray Larson, because Thomas Smith, assistant Madison Commonwealth’s attorney, recused himself as prosecutor from the case in July because he also serves as chairman of the Richmond Cemetery Board.
Combs, Gross and Smart all are charged with one count each of violating graves, a Class D felony; second-degree criminal trespass, a Class B misdemeanor; and first-degree criminal mischief, a Class D felony.
In addition, Combs faces a charge of second-degree persistent felony offender, which could escalate the violating graves charge into a class C felony. This means he could be sentenced to up to 10 years in prison if convicted.
Should Gross and Smart be convicted, they could each be sentenced to up to five years in prison.
Prosecutors from the Fayette Commonwealth’s Attorneys office said in September they would not be offering a plea agreement to any of the three.
Emily Burton may be reached at eburton@richmondregister.com or at 624-6694. Follow Emily on Twitter at RR_EBurton@twitter.com.
(Archived article @ Newsbank)
Emily Burton ~ The Richmond Register ~ 10/17/2010
Three people accuse of violating more than 150 graves at Richmond Cemetery are headed to trial.
Joseph Dewayne Combs, 25, William Damien Gross, 19, and Sara Elizabeth Smart, 20, are accused of damaging more than 150 grave markers at the cemetery on April 3. The stones were dated from the 1850s to the early 20th century.
The trio was indicted on the charges in September, and have appeared in circuit court several times for pretrial conferences, which have been continued.
On Thursday, Clouse set a trial date for all three of March 14, 2011. The trial is expected to take two days.
The case is being prosecuted by the Fayette Commonwealth’s Attorney Ray Larson, because Thomas Smith, assistant Madison Commonwealth’s attorney, recused himself as prosecutor from the case in July because he also serves as chairman of the Richmond Cemetery Board.
Combs, Gross and Smart all are charged with one count each of violating graves, a Class D felony; second-degree criminal trespass, a Class B misdemeanor; and first-degree criminal mischief, a Class D felony.
In addition, Combs faces a charge of second-degree persistent felony offender, which could escalate the violating graves charge into a class C felony. This means he could be sentenced to up to 10 years in prison if convicted.
Should Gross and Smart be convicted, they could each be sentenced to up to five years in prison.
Prosecutors from the Fayette Commonwealth’s Attorneys office said in September they would not be offering a plea agreement to any of the three.
Emily Burton may be reached at eburton@richmondregister.com or at 624-6694. Follow Emily on Twitter at RR_EBurton@twitter.com.
Thursday, October 14, 2010
Vandalous Thieves Take Veterans' Grave Markers from Grayson County's Vol Layman and Frank-Embry Cemeteries
Vandalism painful for community
(Archived article @ Newsbank)
Theresa Armstrong ~ Grayson County News Gazette ~ 10/13/2010
Vandals that desecrated the graves of three World War II Veterans and a Korean War Veteran in Grayson County have stolen the special grave markers provided by the Veterans Administration.
Terry Mudd, overseer of the Vol Layman Cemetery in Millwood, arrived at the cemetery on Saturday morning to do some cleanup work and discovered three separate graves where vandals have destroyed the cement that held the bronze grave markers provided to each war veteran.
Mudd reported the crime to Sheriff Rick Clemons and notified the family members of the veterans of the missing grave markers.
Aileen Stewart, widow to one of the WWII Veterans whose grave marker was stolen, came to the cemetery with her son Carl Stewart JR. and viewed the damage first hand.
Her husband had fought in the war and she told stories of the time he spent defending his country.
“He fought for the freedom that these people are enjoying today and look what they have done," said Stewart. "Once he spent three months in a fox-hole and when he was finally able to take off his boots his skin peeled off with the boot."
As Stewart looked at the broken concrete of her husband's grave marker tears filled her eyes.
"Who would do such an awful thing as this," said Stewart. "I have never seen anything like this before."
A fourth grave was discovered Sunday when family members went to pay their respect at the Frank-Embry cemetery. The marker had the name PFC Cleveland Lacefield who fought in the Korean War. The marker, like the other three, was a bronze plate that was anchored in a cement base. The anchors were cut off and the bronze plate was removed.
Lacefield's brother reported that he had noticed a white Ford car, silver mid-sized truck and a dark red Ford small SUV at the graveyard in the past few days. On two separate occasions he chased off the red SUV and the white car.
"These vehicles may or may not have anything to do with the thefts but people should watch out for them at cemeteries," said Deputy Sheriff Jeff Kelsey." I believe the suspects might attempt to take another marker because of the location of cemetery."
Wendy Saltsman, of Top Dollar Recyclers, said the markers really have little value. A reputable recycler will not even accept such an item.
"If someone brought something like this in we would not even buy it and would contact the police," said Saltsman. "This is not really something you can get rid of very easily."
Clemons has vowed to do everything he could to find the person or people who did this and went as far as offering a $500 reward of his own money for information that leads to the arrest and conviction of those involved with the vandalism.
"This is the worst crime I have seen since I have been in office. I cannot believe that someone would do something like this. These Veterans fought for our country,” said Clemons. "I will do everything in my power to find out who did this."
The officers at the American Legion Post 81 were notified of the damaged graves and immediately took action to see that the graves markers were replaced.
"We will make sure these veterans are honored," said American Legion Post 81 Commander Jim Lish. "We will replace the cement and the markers and restore the graves back to the way they were."
Theresa Armstrong can be reached at tarmstrong@gcnewsgazette.com.
(Archived article @ Newsbank)
Theresa Armstrong ~ Grayson County News Gazette ~ 10/13/2010
Vandals that desecrated the graves of three World War II Veterans and a Korean War Veteran in Grayson County have stolen the special grave markers provided by the Veterans Administration.
Terry Mudd, overseer of the Vol Layman Cemetery in Millwood, arrived at the cemetery on Saturday morning to do some cleanup work and discovered three separate graves where vandals have destroyed the cement that held the bronze grave markers provided to each war veteran.
Mudd reported the crime to Sheriff Rick Clemons and notified the family members of the veterans of the missing grave markers.
Aileen Stewart, widow to one of the WWII Veterans whose grave marker was stolen, came to the cemetery with her son Carl Stewart JR. and viewed the damage first hand.
Her husband had fought in the war and she told stories of the time he spent defending his country.
“He fought for the freedom that these people are enjoying today and look what they have done," said Stewart. "Once he spent three months in a fox-hole and when he was finally able to take off his boots his skin peeled off with the boot."
As Stewart looked at the broken concrete of her husband's grave marker tears filled her eyes.
"Who would do such an awful thing as this," said Stewart. "I have never seen anything like this before."
A fourth grave was discovered Sunday when family members went to pay their respect at the Frank-Embry cemetery. The marker had the name PFC Cleveland Lacefield who fought in the Korean War. The marker, like the other three, was a bronze plate that was anchored in a cement base. The anchors were cut off and the bronze plate was removed.
Lacefield's brother reported that he had noticed a white Ford car, silver mid-sized truck and a dark red Ford small SUV at the graveyard in the past few days. On two separate occasions he chased off the red SUV and the white car.
"These vehicles may or may not have anything to do with the thefts but people should watch out for them at cemeteries," said Deputy Sheriff Jeff Kelsey." I believe the suspects might attempt to take another marker because of the location of cemetery."
Wendy Saltsman, of Top Dollar Recyclers, said the markers really have little value. A reputable recycler will not even accept such an item.
"If someone brought something like this in we would not even buy it and would contact the police," said Saltsman. "This is not really something you can get rid of very easily."
Clemons has vowed to do everything he could to find the person or people who did this and went as far as offering a $500 reward of his own money for information that leads to the arrest and conviction of those involved with the vandalism.
"This is the worst crime I have seen since I have been in office. I cannot believe that someone would do something like this. These Veterans fought for our country,” said Clemons. "I will do everything in my power to find out who did this."
The officers at the American Legion Post 81 were notified of the damaged graves and immediately took action to see that the graves markers were replaced.
"We will make sure these veterans are honored," said American Legion Post 81 Commander Jim Lish. "We will replace the cement and the markers and restore the graves back to the way they were."
Theresa Armstrong can be reached at tarmstrong@gcnewsgazette.com.
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