The monument signifies a grave and is representative of the long history of Ashville. North Harmony officials hope the repair will inspire further repairs on a smaller scale in the Maple Grove Cemetery and others in the town.

Damage was initially caused to the monument after snowy conditions sent a car off the road and directly into the monument on Jan 3. This caused the top spike of the monument to come crashing down to the ground in two pieces.

The monument is a marker in remembrance of Elbert Vine Hetfield, who lived from 1874 to 1938. Hetfield graduated from Albany Law School in 1893 and would go on to open a law firm in Jamestown on May 1, 1898, and later a law firm in Sherman.

Up until the 1850s, divorces were granted by state legislatures. But, due to the growing demand at the time, state legislatures would eventually pass the responsibility onto judicial courts. Even though this made divorces easier to acquire, laws on divorce still varied greatly throughout the country. This led to the rise of divorce mills, which were locations that would take advantage of a combination of liberal divorce laws and short residency requirements to allow people to easily divorce. Question would begin to arise as to if states should recognize these migratory divorces, which would lead to the United States Supreme Court stating that these divorces shall be of no effect if the divorce would not have been authorized in the home state. For many in the United States, this took away the opportunity to easily escape a failing marriage.

The base of the monument at Maple Grove Cemetery, with the broken portion lying behind it.

Hetfield was one of the attorneys accused of running a divorce mill. The main allegation that resulted in his arrest was made by a Mrs. Nelson Griffith, who lived along Chautauqua Lake in the town of Ellery. Griffith stated that Hetfield and her were having a conversation at her home, where he left a carelessly rolled piece of paper with her. Upon Hetfield’s departure, Griffith opened the note and allegedly discovered that it was a summons in a supreme court action. During this time it was also alleged by multiple people, including Griffith, that Hetfield had a habit of informing married couples that he could get them a divorce if their marriage relations were less than what they desired. Hetfield was arrested for this on Monday, Dec. 26, 1904 for deceit for collusion with intent to deceive the court or any party. These acts from Hetfield allegedly violated section 148 of the penal code at the time. A bench warrant was initially issued for Hetfield’s arrest on Oct. 15, 1902. Upon initially hearing of these charges Hetfield fled the area. Hetfield would return in the autumn of 1904 to face the charges, where he would live with his mother Jane H. Hetfield on Cross St. His mother would remain seemingly supportive of Hetfield amidst these allegations though, as she would continue to allow him to stay with her until her death in 1912, and she would also be the one to sign his $300 bail upon his arrest.

Hetfield would go on to issue a public statement in the Jamestown Evening Journal newspaper on July 10, 1902. This public statement would address the accusations against him and attempt to repair some damage done to his reputation in the area. In this statement Hetfield would state that he only visited the house of a neighbor, in which time the only matters discussed pertained to the payment of a particular account. Hetfield denied that any suggestion or recommendation of divorce was made during the conversation.

This would not be the end of unfortunate controversies for Hetfield though, who would later run into more trouble. In 1915 Hetfield would be accused of running a disorderly house, which would lead to him being disbarred through proceedings later that year. Hetfield would go on to marry Iola A. Mcintyre on June 24, 1931. Iola’s name is noted, along with her birth year, on the back of the monument, as she and Hetfield had two children together. However, keen observers of the monument may notice that Iola’s death date is not listed on the back. This is because Iola would divorce Hetfield before his death in 1938. Iola would go on to marry Ernest Upton, and passed away in 1987, being buried in North Carolina.

REPAIRING GRAVE STONES, MONUMENTS

This monument represents an important and intriguing piece of small town history, through a monument that is still seen by anybody that drives on Route 474 past the cemetery. Each individual headstone represents a unique and important story in the history of the town, and thus it is important to preserve these graves, not only out of respect for the dead, but also out of respect for the history. With this monument’s repair being such a complicated task, the North Harmony Town Board has begun to lead the repair.

The unfinished back side of the monument, commemorating Elbert Hetfield’s third wife Iola.

North Harmony Town Supervisor Robert Yates said the town has been able to find a very affordable rate, and that local contractors have graciously taken on the repair job. The town will also be receiving reimbursements for the costs of the repair from Geico, the insurance provider covering the individual involved in the accident.

While the town has been able to repair this monument thanks to the generosity of local contractors, there is still the need for more grave repairs to better preserve history and legacy. Yates stated that the sheer number of graves in need of repair, along with the limited resources, decrease the number of repairs that the town can perform. Yates noted that many of the cemeteries in the town began as family-owned plots and have been slowly acquired by the town over the years. Because of this there is a growing burden of maintenance that the town is increasingly struggling to meet. Yates noted that this is a problem that other towns are also facing, and noted the need for some sort of solution.

“We have to pay for all the maintenance. That’s why a lot of the cemeteries you see, even in our town, they have a lot of headstones that need to be repaired. We just don’t have the finances to do it. Now it’d be really cool if we had a non-profit organization that could go around and repair headstones,” said Yates. “But it would be neat if we could put something together, and even help other towns.”

Yates noted that the task itself is not difficult, and is something that he has done for the town before as well. Yates stated that repairs would not need to be done during the cold season, and would not be greatly expensive either. All the project would likely require would be some sort of metal pins to support the broken halves and some epoxy to secure and waterproof the seal, stated Yates.

Anyone with interest in repairing graves, or assisting efforts in any way, is encouraged to reach out to the town board. For more information contact 716-789-3445.