The Wharf at Conway	The Sillsville Cemetery
The Steamer “Hero”

Two Early Accounts

Mrs. Mary Jane Young died on Friday, April 28, 1899 at the age of 63. She was buried the following Sunday in Sillsville Cemetery. On Monday morning, a friend informed her son, John Young, that the grave of his mother had been ‘disturbed’. John made his way to the cemetery and found that it had indeed been tampered with. The grave was opened up, and the coffin found empty. Soon after, John was told that two men had driven to the cemetery around midnight and dug up the body. He suspected that it had been taken to Kingston on the steamer “Hero”, probably for use by the medical students in that city. He drove to Bath, where he caught the steamer, and notified County Constable Wiskin. A man accompanying the barrel which held the body, had been told to hand it over to a Mr. Grimshaw. The custodian of the barrel left the steamer when it landed at Stella on Amherst Island. Constable Wiskin contacted a second Constable when they reached Kingston, and together they returned to the wharf and opened the barrel. “A few blows of the hammer were given, off flew the lid, and Mr. Young beheld the body of his mother, covered over with hay.” They sent the body by rail to Ernestown Station, and then back for re-burial.

On Monday morning, Mr. John Young, a son of the deceased, was met by a friend and told that the grave of his late mother had been disturbed. Upon going to the cemetery, he found that this was true. The grave was opened up, and the coffin found empty. Shortly after this Mr. Young was told by people who live along the road that two men, whose names were known, had driven to the cemetery between 12 and 1 o'clock on Monday morning and dug up the body. Mr. Young suspected at once that it had been shipped by the Hero to Kingston, and immediately drove to Bath, where he caught the steamer, and at the same time enlisted the services of county Constable Wiskin. The body was accompanied by a man who was to hand it over to a Mr. Grimshaw. The custodian of the barrel, however, left the boat at Stella, seeing the constable aboard. Arriving at Kingston Mr. Wiskin forbade the boat authorities letting the barrel go, and proceeding up town procured the assistance of Constable Aiken. Together they returned to the wharf and opened the barrel. A few blows of the hammer were given, off flew the lid, and Mr. Young beheld the body of his mother, covered over with hay. The corpse was taken by rail to Ernesttown Station, and from thence to Conway for re-burial. It is said that parties well known in Napanee are mixed up in the affair. Mr. Young intends to give the guilty parties the full benefit of the law, and should local authorities refuse to act, to send the case to the attorney-general. 

John T. Hill Discharged – His Brother, James, Held for Trial

From the Napanee Beaver, May 12 1899

Last week THE BEAVER contained an item to the effect that the grave of Mrs. Mary Jane Young had been opened and the body shipped to Kingston, presumably for use by the medical students in that city. Rumors were current all that week connecting two young business men of Conway with the affair, but it was not until Saturday morning that any action was taken by the authorities. On that day Messrs. John T. and James Hill were summoned before P.M. Daly on suspicion of having improperly interfered with the grave and exhumed the body of Sarah Jane Young. Both were released on bail of $800 each, to appear for trial yesterday.

At the appointed time the police court was found to be too small to accommodate the crowd, and an adjournment was had to the town hall. Mr. W.G. Wilson appeared for the Hill Bros., and Mr. W.S. Herrington looked after the interest of the Crown.

Mr. Young was the first witness sworn, and his evidence was just about as given in our account last week.

Edward Horsey, purser on the Hero, testified to the boat calling at Conway and taking on one parcel of goods and a calf. He received the barrel from Hill Bros.; did not know its contents; did not know who the barrel was consigned to; the only people he had dealings with at that point were Hill Bros., wharfingers; the barrel was addressed to Stafford Grimshaw, Kingston; James Hill was the only passenger who got on at Conway; (shipping bill was shown); Hill has a pass on the boat; gave me to understand that a woman was the consignor of the barrel; don't know what became of the tag; Hill got off at Stella.

Frank Chalmers, sworn - Have charge of telephone wire at Adolphustown, and anyone using same would have to do so through me; was called up from Conway; thought it was Hill's voice; Kingston called me, asking for Hill Bros.; connected them with Grimshaw at Kingston, about 8.30 p.m., Saturday, April 29th; thought it was James Hill talking, and had no doubt at the time that it was he; Hill said, "Meet the boat on Monday and Tuesday and get a parcel"; think I heard the whole conversation.

Jonas Garrison was in Hill Bros.’ store on morning of 29th and heard a message going over the wire; believed the voice was James Hill's. He said, "there will be a parcel on Monday or Tuesday on the Hero, be sure and call both days"; saw James Hill start in the direction of the telephone when the bell rang.

Peter Hanlon was in Hill Bros.’ store on 29th April; heard someone talking through the telephone; sounded like James Hill's voice; heard him say, "there will be a parcel shipped Monday or Tuesday by str. Hero." I was waiting to meet the boat.

James [Wm.] Wright asked James Hill if he would bring him some finishing nails from Kingston, and he said he would; Hill said nothing about going to Stella; knew nothing about any barrel being shipped.

Frank Clark sworn - Did not go to bed the night of the last of April and the first of May; came home about 10 o'clock Sunday night; did not go to bed; heard a rig going by about 12 o'clock, from Conway in the direction of Sillsville burying ground; about daylight I saw Hill Bros.’ mare, a dark bay, coming from the direction of this graveyard; it was Hill Bros.; single wagon coming from the direction of this graveyard, and going towards Conway; one person in the rig; I could not swear that there was anything else in the wagon.

To Mr. Wilson - The reason I sat up that night was that I had been wrongfully accused once before of robbing a grave with Mr. James Hill; I stayed up to save my character.

Oren Monagan sworn - Was on dock at Conway about a quarter of an hour before the boat came in; nothing on the dock at that time; saw a barrel standing by the door; did not see it moved when the Hero came in; James Hill told me he was going to Kingston on that boat.

Fred Wiskin sworn - Am County Constable, Bath; accompanied Mr. Young to Kingston; a man representing himself as Grimshaw claimed the barrel that contained the body; on the following Monday I had a conversation with James Hill, he said he did not know who left the barrel on the wharf, said a man called at his window and left fifty cents on the barrel to pay the freight.

To Mr. Wilson - Saw Grimshaw on the wharf, do not think I saw him till about 5 o'clock in the afternoon; I was there when the barrel was opened; Grimshaw said he thought it was his property after I told him it was addressed to him; do not know that Grimshaw knew what was in the barrel.

After hearing the evidence Mr. Daly adjudged the information against John T. Hill dismissed, and adjudged James Hill to be committed to take his trial at the first court of competent jurisdiction.

The prisoner was admitted to bail himself in the sum of $400, and two sureties of $200 each. Messrs. C.E. Bartlett and Harry Hunter were the sureties.

The Trial

The Queen vs. James Hill

From the Napanee Star, June 21, 1899

The next case called was that of Queen vs. James Hill. Mr. H.M. Deroche, Crown Attorney, conducted the prosecution, while W.G. Wilson and E. Gus. Porter looked after the interest of the accused. The following gentlemen composed the jury: Christopher Gonyou, Daniel Wemp, George Kellar, Simeon McCabe, M.H. Sexsmith, Harry Clapp, Jas. Brecknidge, Wm. Hinch, Willott Craig, Fred Shetlor, Nelson Bell, John A. Goudy.

Mr. H.M. Deroche opened the case by addressing the jury at some length.

The first witness called was John S. Young. I live in South Fredericksburgh, my mother’s name was Mary Jane Young. She is dead, she died on the 28^th day of April, she was buried on the 30^th day of April in the Sillsville cemetery. I visited the cemetery on May 1^st, I noticed the grave was not as we left it the day before. Wm. Sweet was with me, we dug down into the grave and found the clothes on the rough box with the earth thrown over it, the coffin was not broken. I went to the grave on information from some parties that the grave had been disturbed, this information I got from Frank Clark, and was told that Hill’s waggon had drove along the road. I drove to Bath to catch the Steamer Hero, I saw Jas. Hill on the boat at Bath, I saw a large sugar barrel on the boat addressed to Stafford Grimshaw. Hill left the boat at Stella. When we got to Kingston the barrel was rolled off the boat. I sat on the barrel while constable Wiskin went for a search warrant to open the barrel. The barrel was opened which contained my mother’s body, she was doubled up in the barrel. I took the body home with me by the G.T.Ry., to Ernesttown station. I had a rig meet me at the station from Bath. I got home that night about 11 o’clock and buried the body the next morning at 4 o’clock. There has been offers made to me to settle the matter but not by Mr. Hill, if everything was alright I would have settled the matter that night for $80. Mr. Wilson told me that he was acting for the medical students at Kingston. I did not tell Mr. Wilson that my brother and father both wanted $80. That was all I did to get a settlement. Mr. Wilson told me he would not settle without the Crown Attorney’s consent. I laid the information against the Hill Bros., I cannot say for sure that I had Hill Bros. arrested before I tried to effect a settlement. My father was not very well at the time he was living with me. I laid the information. I could not read the address on the barrel but was told it was addressed to Grimshaw. I suspected Mr. Hill when we were on the boat, but did not accuse him of it at the time. John Hill was not on the boat, he was in Kingston attending the medical college. James Hill was not in charge of the barrel on the boat, when the boat called at Stella he left the boat there and I suppose he went on about his business. I saw Grimshaw at Kingston. I had no conversation with anybody about $15 to cover my expenses. I had to get a certificated from the Board of health to remove the body. I did not offer to settle the matter the offer was made to me by Messrs. Bartlett and Wilson.

Edward Horsey, sworn. I am purser on the steamer Hero, called at Conway on May 1^st, took on a barrel there, got it from James Hill, it was consigned to Stafford Grimshaw. Jas. Hill got on the boat that morning. Shipping bill produced showed one barrel of goods, Hill Bros., shipped it and paid 25 cents freight, he said a woman wished him to pay the freight or words to that effect. I saw the barrel taken off the boat that day at Kingston, the barrel was closed so I could not see what it contained, the shipping bill was made out in the regular way, so far as Hill Bros. were concerned there was nothing unusual in Hill Bros. shipping a barrel from their dock.

Wm. Wright, sworn. I live near Conway, I heard that Mr. Hill was going to Kingston on the morning of May 1^st, I asked him if he would bring me some nails from Kingston but cannot say he said he was going to Kingston, the conversation was in their store just as the boat was coming in. Have known him since a little boy and he has always had a good character.

Fred Wiskin, sworn. I am County Constable. I live at Bath. Saw Mr. Young May 1^st, he asked me to come along with him to the steamer Hero to search for the body. I asked the captain to let me search the boat, he told me he could not allow me to open any package without a warrant. I went on the boat to Kingston and had Mr. Young watch the barrel and I went and got a warrant. I found the body and took it back by G.T.Ry. On the following Wednesday morning I had a talk with Jas. Hill about the barrel, he told me a man had called before daylight and woke him saying that he had left 50 cents on a barrel which he wanted shipped to Kingston, freight paid. I asked him who asked him to telephone to Kingston on Saturday to look out for the Hero on Monday and he said he did not know anything about it.

Frank Chalmers, sworn. I live at Adolphustown, I have charge of the telephone office there. Conway called me up on the night of April 28th, asking for Kingston, the voice was that of John Hill, he asked to get Stafford Grimshaw at Kingston but did not get him that night, the next day I got Grimshaw at the phone, when he was told to go to the Hero on Monday or Tuesday and get a parcel, he did not say what kind of a parcel.

Cross examined by Mr. Porter. I have known the Hill Bros. for some time, I did not know the voice at the phone the next day, it was John Hill that started the conversation and that of the next morning was a continuation of that of April 28th. The night before I thought it was James Hill's voice that was talking over the phone on the Saturday morning.

Adam Neilson, sworn. I have been connected in business with the Hill Bros. I asked him what was in the barrel, he said he thought it was something tight like glassware. To Mr. Porter he said: Mr. Hill had business in Kingston about that time, I wanted him to go down to do some business. I saw the barrel on the dock with an address on it and would say that James Hill did not write the address on the barrel. Mr. Jas. Hill the defendant had always had a good character.

Jonas Garrison, sworn. I live about 4 miles from Conway. I was in Hill Bros' store in the morning of the 29th day of April. I was there from 8 to 10 o'clock, I heard the telephone ring and saw James Hill go to the room where the phone is, the voice that spoke I believe to be Jas. Hill which said to be sure and meet Hero, on Monday and Tuesday as there will be a parcel for you. To Mr. Porter he said: I could not see who was in the room talking over the phone, thought it was Jas. Hill by the voice but did not see him. To Mr. Deroche: After the talk over the phone I saw Jas. Hill come out of the room.

Peter Hanlon, sworn. I was in Hill's store on April 29th, from about 7.30 till 10 o'clock. Jas. Hill was around there when the telephone rang, I had no doubt at that time that James Hill spoke at the phone asking some person to meet the Hero on Monday and Tuesday as there would be a parcel there for him. My mother went on the boat that day.

Frank Clark, sworn. I live in South Fredericksburgh, I was at church on Sunday night, April 30th, went home late, did not go to bed, about midnight I heard a rig go past towards the burying ground, later I saw a rig going back, it was Hill Bro's horse and waggon, I saw a blanket in the waggon, when I was unhitching my horse, I saw James Hill driving with his horse and buggy. I had some talk with him, he asked me if I was going to stay there that night alone. I told him I was. I did not go to bed that night. To Mr. Porter: I am conducting a business in machinery, the Hill Bros. are in the same business. The Hill Bro's often stopped and talked with me on their way home from church. I was charged with the offence once before of robbing a grave, so I sat up all night as I had suspicion that the grave might be robbed that night. When the rig passed towards morning I could see the rig, I know the color of both the horse and waggon but could not tell who was driving the rig. I have always told the same story that this was a brown horse. I never told Dr. Northmore that it was a fox horse. To Mr. Deroche: I saw the barrel that the body was in, I did not see Hill Bro's name on it.

John Collings, sworn. I am clerk in the employ of Hill Bros. at Conway, I saw the barrel that had the body in about 5 o'clock on Monday morning. James Hill made out the shipping bill. I sleep over the store, I saw James Hill Sunday afternoon and again early Monday morning, I went to bed between 9 and 10 o'clock. I had been in bed about one hour when James Hill came to bed. It could not have been later than 12 o'clock when Jas. Hill came to bed that night, and I don't think he could have got out of bed without me knowing it. Jas. was in bed when I got up about 5 o'clock the next morning. This finished the case for the Crown.

The defence then called James Hill. I had nothing to do with the moving of this body from the Sillsville Cemetery. My brother is a medical student. I don't know who took the barrel to the wharf. I was told there was a barrel on the wharf addressed to Kingston. I made out the shipping bill in the usual way. I was told on Saturday morning that if Kingston called me up over the phone to tell them to meet the boat on Monday and Tuesday to get a parcel. I don't know who I was talking to in Kingston over the phone I drove to Adolphustown church on Sunday evening, had a talk with Clark on my way home about 1 o'clock. I don't know where I was Friday night. I was home on Saturday morning.

To Mr. Deroche: John gave me the message to give over the phone. On Monday morning I was informed that there was a barrel on the dock which I shipped in the usual way.

The jury after being out for an hour returned a verdict of "not guilty."