HomeMy WebLinkAboutOC1970-0173 - ESTATE OF HILLIN THE COURT OF COMMON PLEAS OF WASHlNGTON COUNTY,PENN.A.
ORPHA NS'COURT DIVISION
HEARING ON PETITION TO ESTABLISH PRESUMPTION OF DEATH
IN RE:
ESTATE OF
APPEARANCES:
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No.173 of 1970
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JOSEPH P.MOSCHETTA,ESQ.,of Washington,
Penna.,representing the Petitioner.
THE HONORABLE P.VINCENT MARINO,Judge
of the said Cou Ii.
JA MES BLAINE ffiLL,
~:::A Presumed Decedent.
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Monday,April 13,1970,at 10:00 olclock!f,M.,
EST.
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I N D E X
WITNESS Direct By the Court
THOMAS CHARLES YOUNG 4 12
WALTER A.SMITH,JR.13 20
BENJAMIN F.CULP 20
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(Recalled)
ESTELLA B.HILL
BENJAMIN F.CULP
~WALTER A.SMITH,JR.(Recalled)
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ti~SHERIFF JOHN W.HINEMAN,JR.
t~EDWARD BARRETT
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~BENJAMIN F.CULP (Recalled)
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EXHIBITS
Petitioner's Exhibits:
A -Record of Surface Weather Observations for December 2nd &3rd.
B -Letter dated April 7,1970 from the Manager of the Municipal
Authority of the Borough of Midland to Attorney Jose ph P.Mosche tao
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Photograph of the Motor Vessel Jesse B.Guttman.
Daily Log of the Mon River Towing,Inc.for December 2,1969.
Daily Log of the Mon River TO\\Ting,Inc .'for December,3,196,9.
Trip Manifest of the Mon River Towing,Inc.for December 2,196'
Trip Manifest bf.rthe Mon River Towing,Inc.for December 3,196
.-----------,---------------
Thomas Young
THE COURT:Mr.Moschetta,are you ready for the Hill presum d
decedent hearing?
the Court?
have you made service on those required by Interlocutory Order of
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MR.MOSCHETTA!'.
THE COURT:
MR.MOSCHETTA:
THE COURT:
I am,Your Honor.
(We will proceed.
Mr.Thomas Young.
Mr.Moschetta,before we go into th~testimony,
of Service and submit it to the Cou rt today.
~MR.MOSCHE1;TA:
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I have,Your Honor,and I will prepare the Proof
I have,through the
according to the Act of Ass embly?
~o Washington Observer and through the Legal Journal of Washington
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0(tig THE COURT:Were the advertisements made in sufficient time
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aic~MR.MOSCHETTA:Yes,they were,Your Honor.
oCotIc THE COURT:All right.We will permit you to file Proof of thOSE
~I:-,f:at your convenience.You may proceed.
THOMAS CHARLES YOUNG IS CALLED AND SWORN.
DIRECT EXAMINATION BY MR.MOSCHETTA:
Q What is your full name and address?
A Thomas Charles Young.
Q Where doyou live?
A Zanesville,Ohio.
Q By whom are you employed?
Thomas Young
A Mon River Towing Company.
Q In what capacity are you employed by the Mon River Towing Comp::ny?
A Deck Hand.
Q Were you employed by Mon River Towing Company in the capacity
A Jesse B.Guttman.,
of a Deck Hand on December 3,1969?
A Yes,sir.
hard of hearing?
"Calling'your attention to
We are asking,sir,whetheryou meant to answer
(Stenographer reads back last question):
THE COURT:
what was the question,Mrs.Hammond?
that question yes or no.You can't shake your head because the
lady can't put that on the record.You have to say yes Or no.Now
A Yes.
A (Nodding affirmatively).
3,1969,were you working aboard the Jesse B.Guttman?
Q You shook your head yes.Did you shake your head yes?Areyou
Q Calling your attention to approximately the afternoon of December
Q Upon w hat boat were you working?
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approximately the afternoon of December 3,1969,were you working
aboard the Jesse B.Guttman?"
A Yes,sir.
Q What time,approximatel y,did you start working that afternoon?
A It was around 2:00 0'clock in the afternoon.That's when this happE ned.
Thomas Young
I went to watch at 12:00 o'clock.
Q In other words,you went on watch,you started working again arOur d
12:00 o'clock?
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That's right.
What time were you scheduled to quit working Or go off watch?
6:00 o'clock.in the afternoon.
Now was the presumed decedent,James Blaine Hill,also working
aboard the Jesse B.Guttman '?with you that afternoon?
A That's right.
Q And what capacity was he working aboard the Jesse B.Guttman?
A Deck Hand.
Q At approximately 2:00 o'clock where was ·tqe Jesse B.Guttman?
A Right belo"tY Rochester at that lower new bridge they put in there.
Q Near Rochester,Beaver County,you say?
A That's right.Right in above the bridge when I miss ed him.
THE COURT:
Q What river.'?
A Ohio River.
On what river?
Q In other words,the motor vessel was on the Ohio River when you
last saw him?
A That's right.
Q Near Rochester Bridge?
A Yes.
Q What direction was the boat traveling?Where was it coming from'?
Thomas Young
A We was going down the river.I don't know what port she was comin!r
from.We come from our place up in Mon River.
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Wereyou going away from Pittsburgh?
Away from Pittsburgh,that's right.
Did you have cargo aboard?
Yes.
How many barges?
Two.
Were they coal barges?
Yes.
Were they loaded with coal?
Yes.
Now where was James Blaine Hill when you last saw him at approx -
mately 2:00 o'clock?
On the stern of the boat.
Now so that the Judge will know,~hatC1s theJstern of the boat?
That's the back end .
What was he doing on the stern of the boat when you last saw him?
He was taking the old life line down to put in a new one.He was
crawling the old life line down the last I saw of him.
Q What is the life line?
A That's a line that runs around the outside of the boat to heep you
from falling ozerboard.
______-lI----.:Q:::..T_h:.:.e~life line was down and he was putting it up again,is that it?
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Thomas Cha;rles Young
He was taking the old one down to put up a new one.
What was wrong with the old one?
Broke.
So we will be clear,there was a broken life line on the back of the
vessel?
That's right.
And it was broken:?When you last saw him,he was taking the old cne
down,which was broken,and putting ,the]ri~w one up?
Getting ready to put the new one up.
What tim e was that,about>2:00 0'clock?
Around 2:00 o'clock in the afternoon.
Where did you go after you last'saw him doing this?
I went oilland changed the barges around.
When you got bad"what did you see':at the back end of that boat,
the stern end?
Well,I went to take a cup of coffee to the pilot house and he was or
the back end of the boat when I got the coffee;but when I came bad
from the pilot house he was gone.That's the last I seen of him
when I started to go to the pilot house.
Where was the boat when you las t saw him?
Right below Rochester at that new bridge,that lower new bridge
they pu t in there.
When you last saw him you were bringing coffee up to what,the
pilot or the captain?
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Thomas Char les Young
The pilot.
Who was the pilot?
Walter Smithl.
And the captain was?
Ben Culp.
When you last saw him you were carrying a cup of coffee up to the
pilot?
That's right.
How much time,if you know,elapsed.fromthe time that you last
saw him when you were carrying that cup;:of coffee until the time that
it ,:ame to your attention that he was missing?
I'd say not over ten minutes at the outside.
Ten minutes at the most?
That IS right.
Where was the -motbr:;vessel in its tow of.two barges when it came
to your attention that he was missing?
She was on the back end of the two loads.They was end on end,the
head of the boat.
I mean were you in dock when you found out that he was missing Or
was the boat or vessel in navigation?
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A She was going down the river.We wasn't through the landing yet.
Q In other words,you were not to the landing or at dock when you fou p.d
that he was missing?
A That's right.
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ThomasCharles Young
Now the Beaver County Sheriff and his deputy were on this motor r
vessel after the fact that Mr.Hill became missing came to the atte!lion
of the authorities,right?
I didn't get you on that.
The Beaver County Sheriff and his deputy boarded the boat at the
landing,did tpey not?
Yes.They was down there.
And you pointe.clubut,I ~,ollld assume it was you that pointed out
10
that the life line had been broken.You
sheriff and the sheriff,did you?
No.He pulled it out.I didn't.
pointed that out to the deput~
,
But you were there when the deputy sheriff and the sheriff noticed
that the life line was out?
I was there when they was there,that's right.
After this incident,you went down to take a look to see where Mr.
James Blaine Hill was last working,didn't you?
That's right.
Was the life line that he was working on fixed?
No.
It wasn't fixed,was it?
No.
Was the life line strung through,Mr.Young?
The standard that stands up and it runs through this hole on the
top of the standard that runs clear around the boat down both sides and
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across the stern.
What are standards'?Are they little post.::like affairs?
Yes.
And the life line runs through them,is that it?
That's right~
After this missing person came to your attention and the attention
of others,did you go down to the place where you last saw James
Blaine Hill working to determ ine what the situation was there?
That's right.
Did you observe whether any of the posts or standards as you call
them,were broken off or missing?
One was broke off and gone.
Was that broken off when you last saw him working there?
It was bent in,bent in at the top.
By that was it lJ>ent in towards the vessel or towards the water?
Bent in towards the vess el.
J.J.When you ins pected it lateron after James Blaine Hill became,
missing,you found that it was broken off.
After I missed him,yes.
Where was it broken off?
Right at the top of the deck,right where it went on the deck.
Without a life line,is there anything to prevent someone from
falling off the back or the stern of that vessel at the point where
Mr.Hill was wor1<..ing when you last saw him?
11
Thomas Young
A No.There's nothing there with the lifeline down,there's nothing
there.
Q In other words,he'd just go right in the water,assuming he felll in?
A Yes.
Q Did he happen to have a life jacket on when you last saw him?
A I couldn't say.
Q You don't know or you don't recall ?
A I don't recall.
Q Do you know how he happened'to b'e working there at that time doil1€
that job?
A Yes.He was getting ready to put in a new life line.
Q Who told him to,the pilot,the capta in?
A I do not know.
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Q Whowas the mate?
A I don't know who told him to'put it in there.I couldn't say.
Q I have no further questions.
EXAMINATION BY THE COURT:
Q Mr.Young,when you determined that this man was not there any
longer,who did you first report that to?
A To the pilot.
Q What is his name?
A Walter Smith.
Q All right.The Court has no further questions.
(Witness excused).
Walter Smith
WALTER SMITH IS CALLED AND;SWtDR\l~{L
DIRECT EXAMINATION BY MR.MOSCHETTA:
13
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What is your full name,sir?
Walter £.Smith,Jr.
Where do you live?
720 Water Street,North Charleroi.
What is your occupation?
Pilot.-.
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Who do you work for?
Mon River Towing Company.
Where is Mon River Towing Company locate'd?
Belle Vernon~Speers.
How long have you been employed by the
Four years,a little better than four years.
Were you working for the Mon:River Towing Company'aboard one
of the vessels on December-3,1969?
I was.
What vessel?
The Jesse B.Guttman.
What time did you go to watch,as they call it?
Noon.That would be dinnertime.
And was the captain working at that time?
Yes.He works from six till Noon and I relieve him at Noon which
would be 12:00 o'clock.
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In other words,the captain was Ben Culp who is in Court today.
Yes.
He works from six in the morning until twelve Noon?
Yes.
From twelve Noon to six you steered the vessel,is that it?
Yes.
Who was working at the time thatyou were on watch from twelve No!m
till six?
Tom Young and Jim Hill.
When did you last see Jim Hin on watch that afternoon?
I think right above Colonial Dock where we usually dode But we
weren't going in there at the time.About Rochester,I'd say aroun/:l
2:00 o'clock,something like that.
What was he doing at the time that you last saw him personally?
He had came to the pilot house and he wanted to know about the
approximate time we would dock at Kobuta.He said he had a job
that he wanted to do.
Did he tell you what job he wanted to do?
Yes.He wanted to string a new life line on the vessel.
I Did you have occasion earlier that day to look at the back or the
stern of the vessel?
14
A No,I hadn't looked at that until later.I knew that---the only thing
that I had known what he had told me what he wanted to do.He had
wanted the approximate time it would take from that point to where
Walter Smith
we were getting.
Q But that's the last time you saw him?
A That's right.
Q He told you he was going to string a life line?
15
A That's right.
Q Approximately what time was it that you last saw him?
::1:'z~A I'd say around 2:00 o'clock,something in that vicinity...
illZ~Q Now how and when did it come fo your attention that he was missing?
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Bridge,we had the barges end on end and it was windy that day.
It was what?
The wind was blowing that day.And we had what you call wind
swells in the river.We were proceeding slow and that's the reason
why James asked me how long would it be from one point to the
~er.He wanted to know how long '?'Ie would be getting there.So he
was missed at the Vanport Bridge,I'd say right below it,that's th~
newVa.I:l:p.0:rU:Bridge on the OhiooRiver.
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Q That is the place that you became aware he was missing?
A Right below the bridge.It's,I'd say a couple hundred feetbelow the
new bridge at Vanport.
Q So we will be clear,that's on the Ohio River?
A Yes.
Q That is going downstream?
Walter Smith
A We were South bound.
Q And that Vanport Bridge,is that adjoining Beaver County?
A It crOsses the Ohio River.
Q Now you told me where you became aware of it.Do you know what
time that was?Do you have any idea?
A Well,the way we were running,I would say about 3:30 I'd say
myself.That's my time.I'd say around 3:::301.that I was notified
that he was missing~...
Q Who notifi ed you?
A Tom Young.
Q The fellow.that just testified?
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A That's right.
Q Did you conduct any inspection?
A After we were notified,after I was notified bJU IT'om tha t Jim was ..
missing,yes.We·went on and---
"Who is we?
A Tom "Y<mngg and 1.We proceeded to change the barges which we welre
already into and we changed the barges and we docked at Kobuta.
I called the captain,told him that Jim was missing,then we prO-
ceeded to make a search of the boat for him.
When you became aware of the fact that Mr.Jim Hill was missing,
you were not in the process of landing,wereyou?
A No.We were maneuvering barges.Tom had gone out to start
to work and a lot of times when you're working like that,the other
Walter Smith 17
man may be busy and he doesn't know you've started,so Tom had
proceeded to let the barge come around and I asked where Jim was
at and he said,"I don't know."So after we got the barges tied
together then Tom started to look for him right away and I had to
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make our search of the bC1£t:ifor Jim Hill.
a landing,there were men working at a landing below that,which i
and we made a search of the area,went back down and stopped at
And we proceeded to ask those
The captain was up the pilot hous e
called Alicia Dock at St.Joe.
the boat itself,so we did.
fellows if they had seen anybody,you know,swimming ashore.
captain decided he'd better call our office,which he did,and they
decidedwe'd better go back over the course with a light boat,with
They hadn't seen anybody at the time.We came back down then the
Nothing at all.
What did your search reveal?
After the captain was called and we searched the boa:tland the capta n.'
Was the Beaver County Sheriff called,do you know?
dock the boat,Tom and I,and dock the boat and then proceed to
dock because I can It leave the pilot house when you 're out at mid-
stream,you know,and the boat is going downstream.I had to
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notified the Sheriff and we laid there until the Sheriff and his deput.
came ove r to the St.Joe Dock.
Q I see.Even before you called the Mon River Towing Office you ra
up and down the river?
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Walter Smith
A We made a trip up and back down,yes.
Q A visual ins pection?
A We Ithought maybe the man may have fallen inor somethi~.\w:e
didriCLkno"V,and was on shore.We thought if he was along the shor e
it would be an awful cold walk.So we decided to go over the route
and come back just to make sure he wasn't there.
You say it was a pretty windy day that day?
Windy and chilly.
It was pretty cold too?
That's right.
18
Did,you go back with Tom Young or the sheriff or anyone to the ste n
ofthe vessel where he was supposedly last seen working?
After we had docked,:and the sheriff had gotten on and before I had
ever gotten back,the sheriff had gotten on and we had made three
trips over the saine route after it got dark with the sheriff looking
the same thing,you know.We had to maLe three other route.:swith t le
sheriff and the deputy and the captain in the pilot house at the samE
time.When the deputy and the sheriff were ma:!ldng their rounds I
was in the pilot house at all times.
Did you ever see,after you became aware of the fact that Mr.Hil
was missing,whether a guard post was missing from the stern of
the vessel?
A When I made my rounds it was missing.
Q Did you see whether the life line on the back or the stern of the
Walter Smith
\-'essel was missing after?
A It was missing after the ins pection.That's when I made mine back
there and it was missing.
Q Do you know whether Mr.Hill had a life jacket or pres erver on at
the time he was last seen?
A No,I wouldn't.The only time I obser:.v.:e·j them with their jackets
on is when they are on the tow on the barges.And then it's my
duty if they don't have them on to notify them to put them on.Usual y,
on the boat when they are working they don't wear them on the boat
It's when they are out on the barges.If he had one on or not,I coul:ln't
say,on the back of the boat.h.1 couldn't see down from the pilot
hous e to the back of the boat.
Q So I will be clear,the Court and I will be clear,the rule is--I am
going to restate it---if I am correct you tell me so--when a man is
.out on the barges that he's got to have that life jacket on.That is t:1e
rule.Is that it?
A Yes.
Q But when he's on the boat itself,the motor vessel,that is,then itI
not company rule that he have on a life jacket.
19
A Your rule pertaining toyour life jackets,the way it is,that they be
worn at all times if there's any danger of falling overboard.So it's
customary when they board the boat they take them off.
Q I have no further questions.
Walter Smith
EXAMINATION BY THE COURT:
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Mr.Smith,was there any ice in the river at the time?
No;the river was clear,Your Honor.
But you had the swells in the river and you had wind swells?
Yes,sir.Those are winter conditions that prevail most of the tim
For that reason you were traveling slowly?
Yes,sir.
That IS all we have.
(Witness excused).
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:Jl:I BEN:JAMIN F.CULP IS CALLED AND SWORN.
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~DIRECTIEXA MINATION BY MR.M0E~HE{]:TK:';
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l Q What is your full name?
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ai:i A Benjamin F.Culp.t-o:o~Q Where do you live?
t-o:~A 223 Old Clairton Road,Pittsburgh,Pa.
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A I'm river pilot,Master and Captain,Master and Pilot.
Q Master means a Captain (§Of the boat?
A That is correct.
Q By whom are you·employed ?
A Mon River Towing Company.
Q How long have you been so em ployed?
A About five years.
Benjamin F.Culp
Q Were you the Captain or Master of the Jesse B.Guttman,a motor
vessel,in its tow on the third of December,1969?
A I was the Relief Master.
Q What doyou mean by that,sir?
A Well,the regular Masti&T";-I worked two boats;I work the Jesse
B.Guttman five days and I work another boat five days.But the
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regular Master works ten days straight through.
And you we re the only Captain?
On that period of time,"yes.
As I understand it,between 12 P.M.and 6 P.M.you are not on
watch?
That is correct.
That means those six hours you go ahead and eat and sleep and
rest until you go back on watch?
Yes.
Did---sometime during the a.-fter-watch or between 12 P.M.and 6
P.M.,on the third of December,1969,did you become aware of t e
fact that one,James Blaine Hill,the deckhand working aboard the
Jesse B.Guttman,was missing?
A Yes.I did.
Q I have asked you to bring your records aLong.Do you want to refe
to them?Do you know approximately what time you became awarE
of the fact that he was missing?
A About 2:15 P.M.in the afternoon.
Q 2:15P.M.?
Benjamin F.Culp.22
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A That's right.We arrived at Kobuta landing at 2:15 P.M.That's wi en
they notified me this boy was missing.So then we took the boat and
patrolled back up the river looking for him just like they explained
here.
Q In other words,you ran the boat up the river to the point where he
was last seen?
A To the point he was last seen above the Vanport Bridge,up one sid
of the river,up to the landingright below the bridge there.There fvere
some men working there and we asked them if they had seen an.y:-
thing.And they said they hadn't.So we goes on up above the river
where he was las.t seen,come down the other side and there were
some men working on the landing on the other side of the river"and
stopped and asked if they had seen anything and they said they
hadn't.These boys had already searched the boat looking for him,.
and they couldn't find him.So I pulled into St.Joseph's Lead Work~,
the only place we could find a telephone to call up and report it.
Q To whom did you report it,sir?
A To the Mon River Towing Company Office.They in turn got in touctJ.
with the Beaver County Sheriff.And we laid there for approximate y
an hour,two hours,waiting for the sheriff to get there.
Q Captain Culp,did the sheriff,John W.Hineman,Jr.,and his
assistant,James Sutton,Deputy,board the vessel at St.Joseph
Lead Works?
..C l'BenJamm F.u p
A Yes,they did.
Q Did they conduct another inspection along with you of the vessel?
A I suggested we run up the river and have another look and make SUI e;
couldn't find a thing.
23
Q Did they conduct an inspection of the point where Tom Young testified
Jim Hill was las t seen working?
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That's right.
What did that inspection show?
Well,it showed where he had the life line pulled out there and
was coiled up on the yawl.
What is a yawl?How do you spell that?
YAW L.·A John boat.You know what a .John boat is?
A what?
A rowboat.It's turned upside down,you see,to keep the water ou of
it when it rains.And he had this line pulled up there,coiled up on he
top of this yawl.The line was off .
Were there posts along the edge of it?
That's right.
They call them guards or standards?
It's a piece of pipe,it comes up about as high as this rail.Then tt ere's
a "T"on the top of it where the line goes through this "T"and that
runs all the way around the boat like that.
Q Now was there a missing stanchion or standard?
A Yes.
Q Was it one of the ones through WhICh Mr.Hill was to nave strung t e
______-1II--B.;;..-.e--'njamin F.Culp
life line?
A There was one missing.
Q And did you observe this missing before.this stanchion missing
before you found that Mr.Hill was missing?
24
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Was it in place?
It was in place.yes.
When you laso saw it?
Yes.
And w~enyou last saw it would be somewhere between six in the
morning and twelve Noon?
I w:ouldn't know when I looked at thaflast.
Would it be fair to say it was the same day;'the sthar:d:lof DecembE r ?
I wouldn't say that either because lots of times I d m't go back to
the stern of'the boat.
When you last saw it before making this ins pection.
Let's say the day before.yes~
What was its condition?
It was bent in a little bit,inboard.
Let's say in towards the vessel Or iru towards the water.
In towards the vessel.
Was it bent over pretty far?
No.no.I'd say it was bent over about two inches.three inches at
the top.
Benjamin F.Culp
Q When you conducted an ins pection after this missing person was
reported,was that stanchion in place '(Was it 'missing'(
25
A
Q
A
Q
A
Q
A
Q
A
Q
Yes.It was missing.
Was it broken of["(
Yes,sir,
Where was it broken off?
Right down by the deck.
It rQoked like it was freshly broken off '(
Yes.
Why did it look like that?
You can tell a new piece of metal,jJ it would be rusted,if it had
been an old break.
It was a new break then in your opU'l:k:on?
A new break.
Now what is the distance between the stanchion that was'broken off
and the edge of the vessel?·
I'd say four inches,maybe six.
In other words---
About as wide as this bannister here-,?
From that point you are right into the water,right '(
That's right.
Did you bring your Manifest along with you?
Yes,sir.I have it right here.
If the Court please,lId Hke to request permission of the Captain
Benjamin F.Culp
if he has--do you have extra copies of these?
A No.That's the only copy I have.
Q I'd like to request permission from the Court to have the stenograpp.er
here make a Xerox copy of the logs and the Manifest and make ead
26
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of them exhibits and part of the record.This daily log here is
the log of December 3.
That is correct.
That is true and correct?
Yes,
You made it out.did you?
Yes.
Is this a copy of the original thatyou made ou t?
That's a copy.
Also.I am referring now to the iTi';.:ip Manifest of the Mon River
Towing Company for December 3.,1969.Is that made out 'in your
handwriting't
Yes.it is.
Is that a true and correct Xerox copy of the original?
Yes.Thi s log here.you see.I don't make all these out.I just
put this down when I am on watch.When the pilot is on watch he
fills thes e places in here.you see.Like here,Phillips.we got thE re
at 11:55 and we changed watches there.
Q The DRily lh;9g is partially mad.~out by the pilot and that's Mr.
Smith.is it?
.----------
Benjamin F.Culp
A Yes.
Q I'd like leave to call Mr.Smith back to identify that portion of the
Log that was made out by him,Your Honor.
27
THE COURT:You may.
Q I have no further questions at this time of Captain Culp.
THE COURT:He is excused.
~~(Witness excused).::!g
~MR.MOSCHETTA:Mr.Smith.
L
WALTER A.SMITH,JR.IS RECALLED.
DIRECT EXAMINATION BY MR.M<DSCHETTA:
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Mr.Smith,I show you the Daily Log .of the Mon River Towing
Company,Inc.for December 3,.1969.As Pilot of the Motor Vess 1
...
Jesse B.Guttman,did you make out any portion of this JlB.ily Log 'I
Yes.This is the Log that we have daily.
Are the entries in there concerning the operating time and what
have you,arrivals and departures from the various locks and landi I1gs
true and correct?
A Yes,I would f,s:y so,yes.
Q I have no further questions.
MR.MOSCHETTA:I'd like to offer into evidence as a public record
the United States Department of Commerce Environmental Science
Services Administration Weather Bureau,certified copy of the
rBetjjamin iF..Culp 28
surface weather observations of December 2,the day before tm s
occurrence,and December 3,the day of the occurrence.I'd like to
offer this into evidence and have it marked as an exhibit.
THE COURT:Mr.Moschetta,the weather conditions as certifiec
Ohio River.
BENJAMIN F.CULP IS RECALLED.
A That's right.
EXAMINATION BYMR.MOSCHETTA:
May I recall the Captain,Your Honor?
Yes.
A No.That's the Montgomery Pool.It's in the Pittsburgh District.
the incident on the river took place in the district covered by the
weather report which is listed as the Pittsburgh District.We don't
have anything in the record to show,that this was in the Pittsburgh
District or how far away we are fro m the City of Pittsburgh where
to by the Weather Bureau would be relevant if we recognize that
MR.MOSCHETTA:
this occurred.
Q And that's in what is called the Pittsburgh Pool,is it not ?
THE COURT:
Q Captain Culp,the place where Jim Hill was.',last seen was on the
e
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Q Pittsburgh District rather?
A Yes.
Q Is it standard custom to rely on the Pittsburgh Weather Bureau for
weather reports when you are operating your motor vessel in that area?
Benjamin F.Culp
A No#it isn't.
Q What weath~~area reports would you rely on then?
A Well,we really don't rely on anything,except the radio,and figurE
the weather out for ourselves.
29
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The nearest weather station::isrirPPittsburgh,isn't it?
That's right.
You wouldn't go all the way down to Cincinatti for their weather
or Huntington?
No.You~d'get it out of Pittsburgh.
So the nearest weather station in the Pittsburgh District ,which was
the district thatyou were in at the time he was last seen,is in Pitts )urgh.
That's right.
And as a matter o,f fact,Midland,Pa.is right near there too,isn'
it?
Midland is about five miles below there.
Five miles below the re?
Yes.The closest town is Beaver,Pa.,is where it was,down whpre
Beaver,Pa.is.
Right.
That's the place.
Beaver,Pa.doesn't have a weather bureau to your knowledge,dol'S it?
I don't lthink.
With regard to the water temperature,your water authorities that
have water companies along that river keep that,don't they?
A I wouldn't know who keeps the temperature of the water.
Benjamin F.Culp
Q The United States Weather Bureau w ouldn't,would they?
A I couldn't say that.I wouldn't know whether they would or not.
30
Q Do you know of anyone that keeps the water temperature on the riv rs?
A No,I don't.
Q But Midland would be within five miles of where he was last seen,
wouldn't it?
0(:;
~A That would be below the next lock .
.J'.oQ
=Q In your opinion,the water temperature at Midland would be virtual yii1-
i:>the same as it would be where he was last se'en five miles away?
.~
.2:
~A Probably ab out the same.
ct~
5 Q I renew my motion,Your Honor,the nearest weather station is in
~po;no Pittsburgh,and respectfully requESlthat the Surface Weather
.Jct~ObservatlOns ofthe Pittsburgh Weather Bureau are appropriate.
:::l.,
~THE COURT:Captain,how many miles is this place from Pittsb.lrgh?
Gig A You mean the bridge?
l-ii:{)~THE COURT:Well,you are near the Vanport Bridge,between
I-D::::l8 the b'~idge~~~md the Koppers -Sinclair Company in Beaver County,is
,J«
U it not?ii:ILo
A That's right.
CONTINUED EXAMINATION BY THE COURT:
Q How far would that location be,approximately,down river from th~
City of Pittsburgh?
A Well,I would say about 28 miles.
3::1
MR.MOSCHETTA:If the Court please,I have another document that
might need qualified.I'd like to make a motion that the Municipal
Authority of the Borough of Midland,Tenth Street and Railroad
Avenue,Midland,Pennsylvania,which certifies that on December
2nd and 3rd,1969,that the water temperature was 36°F.be marlk d
for identification and be admitted into evidence.
.~'".~THE COURT:
,..I'.
Is this letter purported to be signed by the manage
of the Municipal Authority of the Borough of Midland?
,'
Hineman,Jr.,Sheriff-of Beaver County,ana;James Sutton,Deput
5 MR.MOSCHETTA:,
!:~THE COURT:
:(
:~
§MR.MOSCHETTA:
ItI-".::
"It-is,Your Honor.'
We will receive it in evidence.
Your Honor,there are two ()ther witnesses,John
whatever purpose the Court wishes.
Court wishes,the report signed by the sheriff and the deputy for
I feel that tq.eir testimony would be cumulative and repetitious
and inasmuch as we were unable to subpoena the sheriff becaus e he
The reports would not be admissable.Do you wis
was out of town last week,so we feel that there is no necessity to
duplicate the testimony alr:e-ady given.However,I do have,if the
THE COURT:
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December 2nd and 3rd both be admitted into evidence.
United States Weather Bureau of Pittsburgh for December 2nd and
to offer this Weather Bureau again?
We have already received the P?per from the Midi nd
I wish to make a motion that the records of the
3rd,along with the records of the Midland Water Authoriity for
THE COURT:
MR.MOSCHETTA:
Estella B.Hill
32·
Water or Midland Municipal Authority.We will now receive the
offer in evidence of the Weather Bureau from Pittsburgh,Pa.
MR.MOSCHETTA:If the Cou rt please,I have in Court today the fathe
been missing.I will call Mrs.Hill .
that they should be put on the stand to show the situation since he's
of the presumed decedent,the mother and sister.However,none
of them have any actual knowledge as to the Occurrence.But I feel
:!
~.J:-I)..aiL
:ieII~ESTELLA B.HILL IS CALLED AND SWORN.
ii~DIRECT EXAMINATION B¥MR.M0S:CHE!EFA~:!.
~~Q What is your fu 11 nam e ?
Q
.;I
<A Estella·Bell Hill.~
Q::J~Q Where do you live?
C'l
~A cC;harleroi,R.D.1.....~.Q That is Washington County,Pa.?
II'
II'
I-!A Yes.sir.e1I
<!Q You were the mother of the presumed decedent,James Blaine Hill
iJ~o A Yes.
Q Haveyou seen or heard from your son,Jim,since he started
working aboard the Jesse B.Guttman for the Mon River Towing
Company?
A I haven't heard from him since that date.Before he went out that
time he called on the telephone.He was happy,and said that he
------H----~\N_v<:}'o\:ll:.H:_l,d_f>.e_aaekthe day-ae.£ei."B-Gffl3~;.HTa_s_.__----------__1---
Es tella B.Hill
Q You say you heard from him by telephone?
A Before this date,before the third.It was back in November,before
they went out on this trip.
33
Q Did he call you or did you call him?
A He called me.
Q Did you recognize his voice '1
A Oh,yes.And the check that he was to get in advance,he wanted us
to come and get it and we couldn't get down there in time,so Mr.
Carpenter,he said,would make it to me.
Q And the conversation was with regard to Christmas?
A Yes.
Q I have no further questions.
EXA MINATION BY THE COUR-T:
Q Mrs.Hill,you are the mother of James Blaine Hill?
A Yes.
Q How old was he?
A He was 26.
Q Give us his birthdate.
A 1943,May 13.
Q And I understand that his father,James---what's his father's nam ~?
A Blaine Gilbe rt Hill.
Q That is your husband?
A
Q
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Estella B.Hill
Yes.
He is in Court here today?
Yes.
Do you know,Mrs.Hill,whether your son,James Blaine Hill,
left a will of any kind?
Well,he didn't ha ve anything.
He didn't have anything?
No,he didn't have anything.
Was he unmarried?
His wife was deceased.
Did he have any children by hip ma'i"riage to that w lie?
No,sir.
Was that his first marriage?
Yes,sir.
When did his wife die?
The day before Easter.
What year?
The same year.
1969 ?
Yes.
How long had he been married to her?
The first I heard of it was in November,the year before.He wasn'
living at home then.
34
Q What was her name ?
A Well,I don't know her last name.He called her Josie.That's all
Estella B.Hill
I know.He just told me on the telephone,that's all.
Q Where was she from?
A Mississippi.
Q Do you know where she died?
A They was in Florida at the time she died.
Q And was she buried in Florida?
35
A He told me on the phone that he was going to take her back to Miss 'ssippi
tobyry her ~.::'",
Q That is to:her old home?
A Yes.
Q And you say that they had'no children ?
,I••A 9he had a ;1n~scarriage that was t.he cause of her death and it was
p,remature.
Q Yes,but they had no living children?
:'~':'~'
A No living'children.
~.'\Q At the time that she died?
A No,sir.
Q You are his natural mother,ar EYou ?
A Yes.
Q And yourhusband,Blaine G.Hill,is his natural father?
A Yes.
Q Have you ever been married before you were married to JBlaine G
A No.That's my only marriage.
---------.,-,-----------------------------
Estella B.Hill 36
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Q
Do you know whether or not that is Mr.Hill's only marriage ?
He's had other marriages ,before I knew him.
Did he have any children by his other marriages;:'as far as you know?
I don't know them..He says he has other children,but I don't rImo [J'
them.
When was your son last living at home with you?
Well,on October 28 when he came home and then he was---got thi~job.cd
and of course,he was to return on his times off from this job.
Did he consider your home as his permanent place of residence?
Yes.
Do you know what property he might have had in December of 1969
before he was found missing?
He didn't have anything.
Do you know whether he owned any real estate?
No,sir.
Do you know whether he had any bank accounts'(
No.
Do you know whether he had any bonds of any type.United Stat es
"E"Bonds or bonds of that type,savings'bonds'(
Not that I know of.
Was your son ever a member of the Armed Forces of the United
States of Am erica ?
A Yes.
Q When was he in the service,approximately'(Do you have some re ords
A
Q
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there that would indicate that?
Yes.He joined the service July 1,1960.
How long was he in?
Discharged Decem ber 23,1964.
What was tha t date again?
December 23,1964.
Did he receive an honorable discharge?Do you have his discharge
paper there?
No,I don't.have that with me.
Do you know whether he received an honorable discharge?
As far as I know.
Do you know what branch'of the service he was in?
He wa;s in the Army.
Had he ever received any compensation from the Veterans Adminis
tration that you know of?
No.-
Was he incapacLtated in any manner while he was in the service?
Not in the service duty.
What was the nature of his happening?
I understand he was practicing on jumping and sky diving and chute,
and he got his shoulder broke.But it was completely healed.That s
37
all I know.They have these clubs up there in Germany that you
could--join and get more practice that way.
Q He was stationed in Germany,was he?
.---~~~~~~----.-:--~~~~--
Estella B.Hill
A For three years.
,
Q That's all the Court has.Do you have any ·other qu·estions?
EXA lVllNATION BY MR.MOSCHETTA:
38
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I neglected to bring one thing up,Your Honor.Mrs.Hill,did your
son have any criminal recordt?
Yes.
Did he plead guilty while represented by the Public Defender's Offi e,
Washington County,to an Assault and Battery or Aggravated
Assault and Battery,rather?
Aggravated Assault and Battery.
Pid he serve five months at that sentence?
Yes,sir.
Was he parolled?
Yes,sir.;,
Do you know how much was due and owing in Court costs and fines
on the date of his last---
It was a little less than $200.00.Out of this $100.00 check I was t)
send $20.00 in her~.to his Parole Officer.
By whom was he sentenced on Aggravated Assault and Battery?
Judge Sweet?
Yes.
Now was he originally sentenced to return to Florida where he had been
Estella B.Hill
previous?
A Yes.But he decided he wanted to work around here.
Q What made him decide to work around here rather than to return
to Florida as Judge Sweet had directed?
He wanted to be around us,as far as I know.
Did the Public Defender's Office,upon his being released on parolE
after the expiration of the minimum,gain permission from the Court,
that'is the President Judge,Charles G.,Sweet,for your son to go ahead
and stay in the local area,rather than to return to Florida?
Yes,sir.
Was that on the basis that he'tiad a job with ·Mon River Towing?
No.He first had the job in Monongahela at that time,but he was
trying to get on at the Mon River Towing.
If the Court please,I have a certified copy of the record in the
sentencing and also certified at the bottom by Mr.Mouyard that
on the date of this Occurrence,December 3,1969,he only owed
$100.00 in fines and $151.88 in costs.I can make a motion this
be marked as an exhibit and entered into evidence.
THE COUR T:We have counsel's statement on the record.I don't
think we wilE meed that as an exhibit in this proceeding.
Estella B.Hill
EXAMINATION BY THE COURT:
Q Mrs.Hill,do you know whether or not your son knew how to swim?
A He was a good swimmer in ordinary circumstances.
Q How did you know that?Had you seen him swim?
A Well,as a youngster we took him down to the Monongahela River
one time and he and his sister was swimming down there.And then
he swam at the double bridges before;on the way out to our place
there's a deeper place there and he used to go down to what was thEn
called Red's Beach when he was a youngster to swim.
Q All right.Thank you.That will be all.
40
MR.MOSCHETTA:Your Honor,may I ask her another question?
THE COURT:Yes..'~
EXAMINATION BY MR.'MOSCHETTA:
Q:Mrs.Hill,wer~e the clothes of your son returned,those that were
left in his locker?
A Yes.Mr.Carpenter brought them back.
Q That is Mr.Carpenter of Mon River Towing?
A Yes.
Q iDo you know what kind of shoes Or boots he was wearing when he loft?
A They were sort of a foam-lined work shoe and they came up about
that high.(indicating).
Q About four or five inches above the ankle.Is that what you're indi(ating?I
Estella B.Hill
A Yes.They had heavy sales on.
Q Were his heavy jacket and whatever someone would be wearing in
December on a cold day,were they returned?
41
A
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He didn't have a real heavy jacket with him.He would wear a coupL~
of sweat shirts and then this here red nylon jacket that he ware,a d
he didn't as yet have a real heavy work jacket.
Did he have long underwear on?
Well,he evidently had another pair of pants on because he only
had one suit with him then.
You mean thermal underwear ?
He had a pair of thermal underwear but he didn't have them on.Bu
he evidently had two pair of pants on.
Why do you say he had two pair of pants on?
Because there were two pair that wasn't with his clothing that coml
back and he had a habit of wearing two pair of pants whenever he d'dn't
hav~underwear to keep his legs warm in the wintertime.
How many sweat shirts were missing?
Two sweat shirts.
And was there a jacket missing?
Well,the nylon jacket he had was.No,it wasn't missing,but it was
this nylon knit,quilted affair.
Q Was that missing?
A That was missing,yes.
Q Was it the kind that pulled over?
Estella B.Hill
A It had a hood on it.
Q It had a hood over the top and went around the face 1"
A Yes.The kind with the pockets in the front,you know,this pouch-
like in the front.
42
Q How big a man was your son,about how tall ?
A About five foot,four and a half.
:!:z~Q Approximately how much did he weigh?
.J>-Ul~A ,Most of ~he time he tried to keep his weight down to 165;quite ofter he
II.
EXAMINATION BY THE COURT:
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Most of the time.
I have no further questions .
As far as you knew,Mrs.Hill,on the date of Decemrer 3,1969,
wasyour son in fair health?
Well,he was in good health when he left home.
Q He hadn't been doctoring for any specific ailment,had he?
A No,sir.
Q All right.tThat's all.
MR.MOSCHETTA:Your Honor,I notice two gentlemen came in.Are
either John W.Hineman,Jr.,a Sheriff,or James Sutton,Deputy
Sheriff,here?Sheriff Hineman,would you step up please?
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JOHN W.HINEMAN,JR.IS CALLED AND SWORN.
DIRECTi~.'EXAMINATION.BYMR.MOSCHETTA:
Q Your full name is John W.Hineman,Jr.?
A Right,sir.
Q Where do you live?
A Beaver,Brighton To~nship,Pa.
Q You are the Sheriff of Beaver County,are you?
A .Right,sir.
Q You worked on Decemb er 3,1969?
A That's right,sir.
in
Q On Decembe!'3,1969,/the COurse of your duties as Beaver County
Sheriff,,wer~you called in to investigate the disappearance of one,
James Blaine Hill,from the Motor Vessel Jesse B.Guttman,which
was in tow on the Ohio River?
A I 'was,sir.
Q Did you board the vessel at'St.Joseph Lead Works?
A I did,sir.
Q What,if anything,did your investigation reveal concerniJ;lgtthe
disappearance of James Blaine Hill?
A I received a telephone call from the rMonaca Police Department from
a gentleman by the name of "DocII Henry,that they wanted me dowr
at the St.Joe Plant,that there was a boat tied up down there by
the name of Jesse B.Guttman,in regards to a missing person by t1e
name of James B.Hill.I got a hold of the ;Chiefr1)eputy and myself
43
Sheriff Hineman
and we arrived at the St.Joe Plant at about 4:56.We met the
Superintendent down there by the name of Curley Rohr,which took llS
from the gate plant down to their power house,where this boat was
44
anchored at that time.We met Captain Benjamin F.Culp.
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We then proceeded on to the boat.And according to the report f~IDm
the c?,ptain,he stated that at that particular time that this was su p[osed
tohave happened he was sleeping and he heard about it at 2:30
when they woke him up.He didn't seem to know too much about it,
othe r 'than what he was told at that time.I then talked to a gentlerr an
by the name of Smith that was captain of the boat"or was piloting
the boat at the time.And that was around approximately 5:00 olclo(k.
And he told me the story as far as he knew,that he got the call about
2:30 from a deckhand by the name of Thomas Yohng.He told me
that they were about to change the tow from end to end to side by s de
and that Thomas Young went around to the deck of the ship and trie~
to find Mr.Hill.And then they decided that something had happene:1.
They did change the barges from side to side.And then they tied u D
at the St.Joe Lead Power Plant and scoured the river bank from
where they had last seen Mr.Hill to close to the Montgomery Islar d
Dam,approximately four miles along the river banks.
I received a statement from Thomas Young stating that
he was very doubtful whether Hill had a life jacket on at the time
that he saw him in the back of the boat fixing a lifeline,which was on
the bottom deck of the ship,the boat.And thatIS about all I receiv;d
-----------------------------_-----.:..._---------------------
hours and a half along the river banks and in the river.The follow"ng
A No.The Chief,Ed Barrett,was with me.He's in the Court right ow.
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from those men at that place.Another thing we did do,we took
and took the boat and was piloted----it was getting dark around tha
time,it was around 5:45,we did take the boat and go up one side 0
the river and back on the other side and we spent looking about two
day,Deputy Sutton and myself took and launched my boat and we
also scoured the river banks for about four and a half miles down
tolVIontgom.ery Island.We did that on the 5th,the 10th,13th and
,!..'17th.And we have had bank surveillance quite often.As a matter
of fact,every once in a while we get an opportunity,we'll still
go down around the banks to see,being the body has not beenre-
covered.
Q Did Mr.James Sutton,Deputy,board the vessel with you at the
time you conducted the investigation initially?
Q Did you make any observation of the stern of the vessel,Jesse
B.Guttman?
A We did when the captain too~us on the boat.We observed that the
life line as you enter the boat on the right-hand side had a knot
tied in the line.That's the hemp line that goes around some pbles
all the way around that vessel,I believe they call it the life line.
Q You are talking about on the right side or I can never get it right--
the port or starboard,the right side?
A The right side of the boat where we entered,yes.
45
Sheriff Hineman
Q You noticed the break there which was knotted up?
46
A ThatIS right.That it was knotted and tied.yes.
Q But then you proceeded back towarcls the stern.or the rear of the
vessel.right?
A That's right.sir.
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Q What did you see there.if anything?
A The line was separated at that point.
Q What do you r,nean,separated?Was it down or was it up?
A There was a space in there.I'd say approximately eight feet that
there was no line.And we did observe what I would consider a fresh
break on one of the ,polesl11;qDrdigntt that holds this line.That would
be,-I guess that would be whattthe line would run through there.I don't
know exactly what they call them.But it's an upright where this
line.hemp line runs through those poles.
Q You say the break was fresh?
A It was a.fresh break to my,estimation.
Q Why do you say that?
A Well.you could tell it had not rusted over or anythi.ng.It was
a fresh break.as far as I could see.
Q Proceed.
A I have a picture of the boat here if you're interested in it.
Q Would the Court like to inspect the picture of the boat?
THE COURT:I can look at it.
Q I hold in my hand a photograph.Can you identify that?
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A That was taken by Curley Rohr,the Superintendent of the St.
Joseph Lead Company.
Q And what does it show?
A That shows the biggest portion of the boat,Jesse B.Guttman.
Q Of Mon River Towing?
A That's right,sir.
Q Is this a fair and accurate representation of the boat as you saw it
onthat afternoon,December 3?
1\I would say it was,yes.Now this is up to the docks of the St.Joe
Lead,looking like on this boat.
Q Does this show that portion of the motor vessel where Mr.Hill
w?-sallegedly last seen working,making repairs to the life line?
A It does,sir.
Q Would you point out to the Court and I,without marking?
A In this se.etlon back here is where he was working,right behind
this area in this section back here.
Q He is indicating a place on the mid-portion.
A Yes.
Q Of the stern of the rear of the vessel.
A That's right.
Q What obstrilcts._'thee..viev)f\?L ?
47
A This is one of the l1:)iers that's coming out from the St.Joseph 'Power
Plant.
Q That does obstruct the view,a clear view of the stern of this
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vessel,doesn't it?
A That's right,it does.
Q Is the area where the broken stanchion or post or whatever you wa.t
to call it,is it shown in here or is it obstructed by this?
A Directly in back of it,obstructed.
Q It is obstructed by this pier?
A That's right.
Q I'd like to have this marked for identification and make a motion that
it be admitted into evidence as well.You mentioned you talked to
'1>"1.:.:·Mr.~Young and he was doubtful'as to whether Mr.Hill had a life jarket
on.Did you conduct any ins pection,that is a count of the numb er (II:'
life jackets .that were on board the motor vessel Jesse B.Guttman b
A I think you are mistaken.It was Young told me that he was doubtfu
whether Hill had a jacket on,life jacket.
Q I'm sorry.I made a mistake on it.Did you 'do any inspection into
.how many life jackets there were issued,for example,as against
how many there were available when you came aboard the vessel?
A Mr.Young told me that all the life jackets were on deck at the timE.
He counted them and he said they were all there.
Q Did you inquire from the captain as to whether they were all there
A I did not.
Q Did you inquire of the pilot as to whether they were all there?
A I did not.
Q But you were satisfied you saw Mr.Young there counting the jacke s
48
Sheriff Hineman
--~~--------------------.
I
49
and you were satisfied that they were all there?
A I was at that time,yes.
Q You are still satisfied thattheywere all there?
A Yes,I am.
Q I have no further questions.
THE COURT:The Courthas no questions.You are excus ed,She r-iff.
(Witness excused)•
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i~EDWARD BARRETT IS CALLED AND SWORN.
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~IIIa Q What is your full name?
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What is your address?
310 Greenlee Street,Vanport,Beaver,Pa.
What is your occu pation,sir?
Chief Deputy Sheriff,Beaver County,Beaver,Pa.
During the COurse of your duties on December 3,1969,did you hai e
ocgasion to board the motor vessel,Jesse B.Guttman?
Yes.I was with Sheriff John W.Hineman,Jr.
You were in Court today.You were,of course,in Court while the
sheriff,Mr.Hineman,was testifying,were you?
A Yes.
Q And is what he said a f~i.:ri<and accurate summary of what you peopl ~
Lots of ice and it's been really high lately.But I've gone down an1
Ihave a pair of binoculars that I scan both sides of the river.I go 6n
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observed in the COurse of your investigation during that day?
Yes.
Is there anything that you have that you could add to it ?
No.Other than I made several trips up and down each side of the
river and from the space where he was supposed to be last seen
until Montgomery,Island Dam went,I went as far as East Liverppo ,
Ohio,that's 20 miles away.So I've been making periodic inspectio
ever since this had happened and I have gone almost every Sunday,
almost every Sunday that I have been up.
Al~ost every Sunday this wi nter ;you have seen a lot of bad weathe
conditions on the river,have you?
Right.
A lot of ice?
each bridge,which is about three or four miles apart.I check eac
bridge and I check the river between.I've done this several times
before and usually that's the way I take care of it.And I have had
one call in our office,a truck driver came in and reported he saw
something in the river that he thought would be a body.But we hay
60
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another body in the river of Pittsburgh and he thought this was par of
a parachute that this fellow had on when he went in.But I went do n
and I found it was a Christmas tree instead of that.So that was th
end of that investigation.But I continued to make an inves tigation
Edw.aii'd Barrett
of the river at the same time.In other words,each time I go out
on any call I'll make an investigation before I return.
Q Thank you,officer.
51
THE COURT:The Court has no questions.Thank you.
MR.MOSCHETTA:Is Deputy Sutton here?Your Honor,something t as
come up.I feel that I hate to impose on Captain Culp,but I feel
it's of vital importance to the Court to inquire into one matter.So
I'd like permission to recall Captain Culp please.
THE COURT:You may.
BENJAMIN F.CULP IS RECALLED.
EXA MINATION BY MR .MOSCHETTA:
Q Captain,you are still under oath,as you know .Captain,did you
check,have an investigation made as to how many lifepreservers
or jackets were thereon the boat after it ,came to yo ur attention
that Mr.James Blaine Hill was missing?
A No,I didn't.All I done was took Mr.Young's word.
Q What was his word?
A He said that all the life preservers were there.
Q How many,for exam pIe,would have been issued to that boat?
A There should be four.
Q And he checked and informed you that there were four?
A He said there wasn't any missing.
Benjamin F.Culp
Q So to interpret it here,that would mean that if there were four tota 1
issued for the boat,James Blaine Hill was missing and there
was no life jacket for him then,supposedly?
52
A No,there should have been four there.
Q If all four were there,then he wouldn't have had anyon,would he?
A No,that's right.
Q I have no further questions.
,
EXAMINATION BY THE COURT:
Qa Captain,there was one life jacket for each individual that would gEnerally
be on the boat,is that correct?
A Yes.
Q Who were the four individuals that were on the boat when you start d
out that day?
A Four for what they call the work masts,the men that work on the
boat;two on the watch that work on the boat;the life preservers fo the
balance of the crew were kept in the rooms under the bunks.
Q So you are referring then to the life preservers that are not
kept in the rOoms under the DUnkS and of thos e there are four.
A ThatI s correct.
Q So tha t had it been so,that Mr.Hill,when he disappeared,had ha ~
a life preserver on him,that would only have left three preserverE .
Is that correct?
..
A That's right.
Benjamin F.Culp 53
Q But th'.ere were four?
A According to Mr.Young,they were all there.
Q According to Mr.Young.He said that there were none missing?
A Yes.
deckhand or anyone is out on those barges,they m"gls:t wear their
Q That's all,sir.
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"z~Q May I ask you one more question?Is this not the custom that when a
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lif~jacket,right?
Anytime they are working on the boat or theparges they are.su ppOE ed
to wear life jackets.
A
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Must they wear a life jacket anytime they are working on the mot<r
vessel?
Yes,anytime they are outside working.
Is that a company rule?
That's a company rule.
Is that put in writing,that company rule?
A Yes.They have notices put up to wear your life preservers,diffe I->ent
rules posted on the boat.
Q Even if you are walking around inside the motor vessel?
A If you are inside you don't wear them inside;outside.
Benjamin F.Culp 54
Q If you are outside you must wear them?
A That's right.Anytime you are working on the outside.That <bn't
,mean you have to have one when you're working.You don't have to
wear one when you're going from one rOom to another on watch.
upon the hearing
(Proceedings Closed).
The Court will take the matter under advisement.
It does,Your Honor.
Does that complete your testimony,Mr.Moschett ?
I hereby certify that the proceedings and evidence are cont ined
This is for the men working.They have to have a life pr eserver 0 •
Testimony-transcribed -May 13,1970
of the above cause is hereby approve9._an~directed to be filed.
caus e,and that this copy is a correct transcript of the same".
MR.MOSCHETTA:
THE COURT:
fully and accurately in the notes taken by me,on the hearing of the above
THE COUR T:
Q All right.Thank you.
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF:
JAMES BLAINE HILL,
A Presumed Decedent.
§
§
§
§
§No.175-~1~7()
§
§
§
MOSCHETTA
Be
MOSCHETTA
ATTORNEYS AT LAW
WASHINGTON,PA.
PETITION FOR APPOINTMENT OF
MASTER AND ADVERTISEMENT SUR ESTATE
OF A PRESUMED DECEDENT
RESIDING IN PENNSYLVANIA
To:The HONORABLE P.V.MARINO,Judge of said Court:
The Petition of BLAINE G.HILL respectfully represents:
1.That your petitioner is the father of James Blaine Hill,
a presumed decedent.
2.That the last known address of the said presumed
decedent was R.D.#1,Box 555-B,Charleroi.Washington County,
Pennsylvania.
3.On Dece:rp.ber 3;1969,James Blaine Hill was working
aboard Motor Vessel Jesse B.Gutman,which was in navigation on the Ohio
River,between the Vanport Bridge and Koppers-Sinclair Co.,Beaver Count ,
Pennsylvania,when he was exposed to the peril of death by drowning and
since said time and date,he has been absent and unheard of,and your
petitioner believes him to be dead.
4.That the specific peril of death by drowning to which the
presumed decedent was exposed,and the circumstances attending the
disappearance and continued absence of said presumed decedent are as
follows:
-----_.._--------------------------------.--~
As the Motor Vessel Jesse B.Gutman and its tow
of barges were plying the waters of the Ohio River,James
Blaine Hill was performing his assigned task of making
repairs on the stern of the motor vessel.Presumed
decedent was last seen making repairs to a life line and
guard posts located on the stern (back)of the said motor
vessel.The purpose of a life line is to prevent persons
MOSCHETTA
Be
MOSCHETTA
ATTORNEYS AT LAW
WASHINGTON,fA.
aboard the motor vessel from slipping or falling overboard.
The life line runs along the guards (outer edge of the walk-
ways)of this motor vessel.The life line Hill was repair-
ing was broken;in addition,two of the guard posts through
which the said broken line was supposed to be strung,were
damaged and bent down.
When Hill failed to report the completion of this
assigned task,a search of the entire motor vessel and its
tow was conducted.The search revealed that one of the
said damaged guard posts,located on the stern of the
motor vessel,was missing.Furthermore,observation
of the point where the missing guard post was broken off,
revealed that the break was fresh.
A visual search of the river banks between
Koppers-Sinclair Co.and the Vanport Bridge was super-
vised by John W.Hineman,Jr.,Sheriff of Beaver County,
who had boarded Motor Vessel Jesse B.Gutman.Other
visual searches were conducted on a number of occasions
thereafter by Sheriff Hineman of Beaver County.It
should be noted that a mechanical search,i.e.dragging
operation,has not been conducted.
'.-..
MOSCHETTA
8:
MOSCHETTA
ATTORNEYS AT LAW
WASHINGTON.PA.
Although the body of James Blaine Hill has not
been found to date,the physical facts and evidence
show that he was in the process of making repairs to a
broken life line;that this work was being performed
on the edge of the motor vessel;that investigation,
after he was reported missing revealed that the guard
he was straightening was missing;that a search of the
vessel failed toY;.ield any trace of the presumed
decedent.
Based on these facts,it is contended that James
Blaine Hill was precipitated into the icy waters of the
Ohio River where he met his death by drowning.
5.That the said presumed decedent was survived by his
only heirs,Blaine G.Hill and Estella B.Hill,his parents and next of kin.
6.That the said presumed decedent,to the best of the
knowledge,information and belief of your petitioner,left no Will,and your
petitioner is therefore entitled to Letters of Administration on his estate,
should he be deceased.
7.That the estate of the said presumed decedent consists
of no personal property or real estate.The petitioner is applying for
Letters of Administration for the purpose of pursuing the claim of the
Estate of the presumed decedent against Mon River Towing,Inc.,under the
Jones Act and the Maritime Law.
8.That the said Estella B.Hill,the only other party inter-
ested in the estate of said presumed decedent,has received notice of the
intended presentation of this petition and joins in the prayer thereof.
MOSCHETTA
Be
MOSCHETTA
ATTORNEYS AT LAW
WASHINGTON.PA.
WHEREFORE,your petitioner therefore prays your Honorable
Court under the provisions of Section 1201 of the Fiduciaries Act of 1949,as
amended to decree the presumption of the death of the said James Blaine
Hill,in order that his real estate may'pass and devolve as in the case of
his actual death and that the persons entitled under the intestate laws may
enter and take possess-ion,and to authorize the Register of Wills of
Washington County to grant Letters of Administration on his estate to the
party entitled thereto or his nominee.
AND your petitioner will ever pray ••...
Petitioner
_J!:,'V~/~~SEf1:IP:MOSCHETTA,ES .
:Attorney for PetltlOner
...
STATE OF PENNSYLVANIA
COUNTY OF WASHINGTON
§
§SS:
§
.'
Before me,the undersigned authority in and for the said
County and State,personally appeared Blaine G.Hill,who,first having
been duly sworn according to law,deposes and says that the allegations
of fact set forth in the foregoing Petition are true and correct to the best
of his knowledge,information and belief.
BLAINE G.HILL
Sworn and subscribed to
/2 ---before me this ~tt,!
day of February,1970.
MOSCHETTA
&
MOSCHETTA
ATTORNEYS AT LAW
WASHINGTON.PA.
..,
..
..
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
OR PHANS'COURT DIV ISION
IN RE:
ESTATE OF:
J AMES BLAINE HILL,
A Presumed decedent
§
§
§
§No.
§
§
§
§
JOINDER
MOSCHETTA
8c
MOSCHETTA
ATTORNEYS AT LAW
WASHINGTON,PA.
AND NOW,this _-,/,-"J,-~__day of February,1970,comes
Estella B.Hill,and joins in the prayer of the foregoing Petition.
ESTELLA B.HILL
Sworn to and subscribed
to before me this /3 [j,
day of February,1970.
-'......-
IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:
ESTATE OF:
JAMES BLAINE HILL
A Presumed Decedent
§
§
§
§
§No.175'~//f J'tJ
§
§
§
DECREE
AND NOW,to wit,this
c64I'-day of February,1970,
I
upon consideration of the annexed petition and on motion of Joseph P.
Moschetta,attorney for petitioner,-the afifiOJre d petition is r€lf8Frod~
~..~~-<'4-~Af;YZ
advertisement in accordance with the ~t of..,Assemb1y and Rules of Court,7Z-~
and notic~iesin interest.1thall hear evidence concerning the
MOSCHETTA
&
MOSCHETTA
ATTORNEYS AT LAW
WASHINGTON.PA.
alleged absence of the presumed decedent and the circumstances and dura-
tion the;;-=QPZ::~B JOe ;;;::;/~~:;k
I a;un ~~--t!:/l-~.(j
BY THE COURT
/
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°t I },
.@RB:HANS'COURT DIVISION
In the Court of Common Pleas
of Washington County,Penna.
/f--o ·/75 -¥J/t1ZJ
In Re:
Estat e of:
JAMES BLAINE HILL,
A Presumed Decedent
'~I
PETITION
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•~...a •MOSCHETTA 8<MOSCHETTA
ATTORNEYS AT LAW
78 EAST BEAU STREET
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IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
IN RE:§
§
ESTATE OF JAMES BLAINE HILL §
AFF I DAVIT
State of Pennsylvania §
§SS:
County of Washington §
No.173 of 1970
MOSCHETTA
Be
MOSCHETTA
ATTORNEYS AT LAW
WASHINGTON,PA.
Personally appeared before me,the undersigned authority in and
I
for the said County and State,JOSEPH P.MOSCHETTA,who being duly swo1n
according to law,deposes and says that he did on February 20, 27,March 6 I
and 13,1970,in the Observer -Reporter Newspaper and on February 26,
March 5,12,and 19,1970,in the Washington County Reports,advertise the
attached NOTICE in the above entitled matter as evidenced by the Proofs of
Publication attached hereto and made a part hereof.
r#?~OSEPt1 P.MOSCHET'rA
Sworn to and subscribed before me
this 21st day of April,1970.
-rfavnAJ ~~
Notary Public
MY COMMISSION EX~"I~:';,L\~CH 24.1972
My Commission Expires:~t"1'\!..9f WloSH1~GTONfWASH!HGT()b!~C_OUt:tTY.i'~
--~--~~--~~~-~-------------------------.....,
;t
.•.Observer -Reporter
WASHINGTON,PENNSYLVANIA
PROOF OF PUBLICATION
In compliance with the News,paper Advertising Act of 16 May.1929.
P.L.1784',ll;S amended.
Commonwealth of Pennsylvania.County of Washington.SS:....•..,....
Personally ap·pear,ed before me.a Notary Public in and for said County
and State,Ri.~b.~r..d.s...•....C.o.w.~n __who being duly s,worn
according to law,deposes and says that he is the ..§.~~X.~.t~.f.Y .
of the Obs'erver Publishing Company.a-Bennsylvania corporation.and its
agent in this behalf;that the said Company is the owner and publisher of
the Observer-Reporter.succ'essor to The Washington Observer.established
September 18.1871,and The Washington Reporter.'established August 15.
1808,a daily news,paper of general circulation,printed and published and
having its place of busines's at Washington,Washington County.Pennsyl-
vania,where it or its predecessors have been established and published
cOI1JUnuous'1y for more than six months prior to the publication of the notice
hereto attached;that the printed notice or advertisement hereto attached
is a copy of an·official advertisement.official notice,legal notice or legal
adve,rti&ement.exactly as printed or published in the Ob£'erver-Reporter in
its regular editions on the following date or dates;.
........................F..e.b.r.u.ar.y 2.O'.,.21.,.Mar.ch 6 and 13..,.1.9.7'O'.
that neither th!e affiant nor the Observer PUblishing Company is interested
in the subject matter of said notice or advertising and that all of the all-ega-
~~=,,:'hi'affidavit ..to 'h.ti~•.Pla11:z:'l~
S·worn to and subscribed before me this.lJ.....day ofM~.I;..h.~.;l7/
..~~~~~.~~&:':~'7 .
.WASHINGtON,WASHINGTON COUNTY
..MY COMMISSION EXPIRES MAY 6.197~!
.Washington emily ReportS
Washington#Pennsylvania
(PUBLISHED BY WASHINGTON COUNTY BAR ASSOCIATION)
NOTICE
;TO JAMES BLAINE HILL,late of R.
D.#1,Charleroi,Washington County,
,PennsyJvania,and to his heirs and
I all persons interested in his estate or
I persons having know1edge of his'
!whereabouts.
:Notice is hereby given that application
,has been made to the Court of Common
jPleas of Washington County,Pennsyl-
IVania,Orphans'Court Division,No.173
lof 1970,to establish the legal presump-
tion of death of JAMES BLAINE HILL
:and to authorize the Register of Wills
Ito grant Letters of Administration to
,his estate,and further notice is hereby
Igiven that a hearing will be held before
!Judge P.V.Marino,on Monday,April
,13,1970,at 10:00 a.m.o'clock in the
Orphans'Court in the W'.l.shington
ICounty Court House concerning said
imatter and testimony will be heard
'from any and all witnesses who desire
'to appear.
PROOF OF PUBLICATION
In compliance with the Newspaper Advertising Act of May 16,1929,
P.L.1784 Sec.3,paragraphs (3)and (25).
COUNTY OF WASHINGTON}
S SS.TATE OF PENNSYLVANIA
Personally appeared before me,a Notary Public in and for said County
and Commonwealth,CHARLES C.KELLER,who,being duly sworn,deposes
and says:that he is the Editor of the WASHINGTON COUNTY REPORTS,
the official legal periodical for said Washington County,published weekly
hav,ing its place of business at Washington,Washington County,Pennsylvania,
and is acting as its agent in this behalf;that the said WASHINGTON
COUNTY REPORTS was established on March 31,1920,and was designated
as the official legal publication for Washington County,Pennsylvania,by order
of the several courts of said County,dated November 11,1920;that the printed
notice or advertisement attached hereto is a copy of a notice or advertisement,
exactly as printed or published,which appeared in the said legal periodical in
its regular issues on the following dates:_.;::.:.
.........~.~.~.:.~.~.:.r.:~.~.L..~.?7..2 .
.........~t~!:.~.h :?J !?.J .!.~!.9..?.9...
that the affiant or the corporation in behalf of which he is acting is not
interested in the subject matter of said notice or advertising and that all of the .
allegations of this affidavit as to.the time.'p.lace and character hf ~ublication 1_-_~
are true.,.(C/.-y/;;J j?../G'_'!!:::Y:.~;i.--~~:E~
Sworn to and subscribed ~e-me..thiS ----~
JOSEPH P.MOSCHETTA,ESQUIRE
78 East Beau StreetWashington,Penna.
4)26-4.
...:!.2.t.h day of ~~.!:f.h ,19.:!.9..~..
...~7:LtL~.~.£~...~''Notary Public
KATI!ERINE C.NICHOLAS,NotaIT P....
'·;'..'a::h;ro::t(\i!,'iVashington Co.,Pa-
lily G~':1I7ii~~i·;n Expires
N)'!:;'~JC;'i,1:>73
,..
TO:JAMES BLAINE HILL,late of R.D.#1,Charleroi,
V/ashington County,PennsylvaniaD and to his heirs and all persons interested
in his estate or persons having knowledge of his whereabouts.
Notice is hereby given that application has been made to the
Court of Common Pleas of \~lashington County,Pennsylvania,Orphans'Court
Division,No.173 of 1970,to establish the legal presumption of death of
JAMES BLAINE HILL and to authorize the Register of \Vills to grant Letters
of Administration to his estate,and further notice is hereby given that a
hearing will be held before Judge P.V.IVIarino,on Monday,April 13.1970,..
at 10:00 a.m.o'clock in the Orphans'Court in the 'vVashington County Court
House concerning said matt~r and testimony will be heard from any and all
witnesses who desire to appear.
JOSEPH P.MOSCHETTA,ESQUIRE
78 East Beau Street
Washington,Pennsylvania
J
ORPHANS1 COURT DIVISION
"
COURT OF COMMON PLEAS OF
WASHINGTON COUNTY,PA.
No.173 of 1970
)i
IN RE:
ESTATE OF JAMES
BLAINE HILL
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MOSCHETTA Be MOSCHETTA
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ATTORNEYS AT L.AW
78 EAST BEAU STREET
WASHINGTON,PA.15301V/
......
rn THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY1 PENNA.
ORPHANS'COURT DNISION
In Re:
Estate of
JAMES BLAmE HILL,
.a Presumed Decedent.
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No.173 of 1970
Marino,J.July 10,1970.
DISCUSSION AND DECREE
This matter comes before the Court on petition of Blaine G.Hill,
the father of James Blaine Hill,for a hearing and for a decree of the presumptton
of death of said James Blaine Hill,under the provisions of the Act of April 18,
1949,P.L.512,Section 1201,20 P.S.320.1201.This Court fixed a date fori
hearing,and directed notice to be served as required by law and by court rules.
Proof of service of the required notices,including the publication required by
law was presented in open court on the day appointed.The petitioner and his
witnesses,together with counsel,Joseph P.Moschetta,Esquire,appeared on
the date set for hearing,to-wit,April 13,1970,at 10:00 o'clock A.M.,in the
:Jrphans I Court Room,Washington County Courthouse,Washington,Pennsylvania.
:In that date,and at that time,testimony was taken in the matter.All known
;:>arties in interest were properly notified and the petitioner was represented by
his counsel,as named.The proceedings appeared to be regular in every
respect and in substantial compliance with the Act of Assembly pertaining to
such cases;this Court then proceeded to take testimony,and from the testimo
so taken,and the exhibits offered,the Hearing Judge makes the folloWing,
FINDINGS OF FACT
1.The persons interested in this proceeding are the petitioner,
Blaine G.Hill,the petitioner's wife,Estella B.Hill,and James Blaine Hill,
the subject of this proceeding.
2.All the interested parties are sui juris.
3.The said James Blaine Hill was a son of Blaine G.Hill and
Estella B.Hill,and was born on May 13,1943,being 26 years of age at the
time of his disappearance.The said James Blaine Hill disappeared from the
Motor Vessel Jesse B.Gutman on which he was working while said vessel
traveled on the Ohio River between the Vanport Bridge and property of the
Koppers -Sinclair Company,in Beaver County,Pwmsylvania;he slipped or
fell overboard while riding said vessel on December 3,1969,at about
2:00 o'clock P.M.,on said day,and since that date and time has never been
seen or heard from.
4.James Blaine Hill has been absent and unheard of from Decembe
1969,thence hitherto.James Blaine Hill has not been heard from or of since
that date.James Blaine Hill was a permanent resident of Charleroi,R.D.1,
Washington County,Pennsylvania,and his home address was the same,which
said location was his regular domicile,and from which he has been absent
from such permanent place of residence and domicile since the said
December 3,1969.
5.All the parties interested in this proceeding have been properly
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notified thereof,and the subject matter of this proceeding is properly within
the jurisdiction of this Court.
6.James Blaine Hill died seized of certain choses in action,which
are classified as personal property,being of unascertained but substantial
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value.These choses in action constitute claims in trespass,which came into
being and existence shortly before the disappearcince of the said James Blaine
Hill,by reason of the alleged negligent operation and maintenance of the
Motor Vessel on which he was working at the time.
7.James Blaine Hill was born in the year 1943,and therefore
was aged 26 years at the time of his disappearance on December 3,1969.On
said date,James Blaine Hill was unmarried,and had no issue.
8.James Blaine Hill was in good health and a normal,intelligent
man who had been working on this type of motor vessel for some time.He
lived at home )N'ith his parents and had communicated with them regularly up
to within less than a month of his disappearance.
9.On December 3,1969,the date of the dis appearance of James
Blaine Hill,the heirs and next of kin of said James Blaine Hill consisted of
his father,Blaine G.Hill,and his mother,Estella B.Hill.
10.James Blaine Hill,on December 3,1969,was working on the
Motor Vessel Jesse B.Gutman as it was in navigation,downstream,on the
Ohio River.He was performing his assigned task Df making repairs on the
stern of said motor vessel.The decedent was last seen making repairs to a
lifeline and guardposts located on the stern of said motor vessel.The purpose
of a lifeline is to prevent persons aboard the motor vessel from slipping or
falling overboard.The lifeline runs along the guards (outer edge of the
walk-ways)of the motor vessel.The lifeline which James Blaine Hill was
repairing had been broken;in addition,two of the (zuardposts through which
the said broken line must be strung,were damaged and bent down.When Jame
Blaine Hill failed to report to his superior the completion of this task,a searcJ
of the entire motor vessel and its tow was conducted.He was not found.The
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search revealed that one of the said damaged guardposts,located on the stern
of the motor vessel,was missing.The missing guardpost was obviously
broken off,revealing a fresh break at that point.A search was conducted
on the river banks in said vicinity by the Sheriff of Beaver County,who had
boarded the vessel.Other visual searches were conducted on a number of
occasions thereafter by the said Sheriff of Beaver County.The body of James
Blaine Hill was never located.
11.None of the clothing worn by James B.Hill was ever
recovered from the river,or elsewhere.
12.The circumstances surrounding the disappearance of James
Blaine Hill presents the question of exposure to a specific peril or immediate
danger.When we deal with an individual who is absent from home and not
heard from,there generally would be no presumption of death until seven
years have elapsed,and it would then be presumeci that the individual had died
at the end of seven years if the disappearance is not properly explained.
However,when the missing person has disappeared in the face of an imminen
and specific peril to life,the inference may be drawn after a reasonable time
that death resulted from the specific peril to which the person was exposed:
Fanning vs.Equitable Life Assurance Society,264 Pa.333;Patterson's
Estate,56 D.&C.269.Of course,it is necessary to bring the person within
the range of a particular and immediate danger.The circumstances present
in this proceeding indicate that James Blaine Hill was exposed to the specific
and immediate danger and peril of death by drownin'J.It is to be noted that
James Blaine Hill was dressed for work on this motor vessel,and that he
wore very heavy clothing,including heavy boots on his feet;it is also noted
that the temperature of the water on that day was 36°F.and the river was
rough with water swells appearing thereon;the temperature of the air was
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likewise 360 and it was a windy day.Under such circumstances it would be
impossible for a person thrown into the river to survive any appreciable
length of time.This Court draws the proper inference that death by drowning;
did occur at the time of the disappearance of James Blaine Hill into the Ohio
River near the property of the Koppers -Sinclair Company in Beaver County,
Pennsylvania.
13.James Blaine Hill is presumed,in fact and in law,to be
dead,intestate,unmarried,and without issue.
14.James Blaine Hill is presumed,in fact and in law,to have
died on December 3,1969.
CONCLUSIONS OF LAW
1.James Blaine Hill is presumed,in fact and in law,to be
dead,intestate,unmarried and without issue.
2.The date of the death of James Blaine Hill is determined to
be December 3,1969.
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ill THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY,PENNA.
ORPHANS'COURT DIVISION
In Re:
Estate of
JAMES BLAINE HILL,
a Presumed Decedent.
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No.173 of 1970
DECREE OF COURT ESTABLISHING DEATH
And now,July 10,1970,upon consideration of the pleadings,
testimony,and all evidence produced in this proceeding,the court is satisfie,
that the presumption of death has been properly proved;and after proper
advertising as required by the Fiduciaries Act of 1949,April 18th,P.L.512
Section 1201,and after full hearing in open court,it is decreed that the legal
presumption of the death of James Blaine Hill is made out and established as
of December 3,1969;and the Register of Wills of Washington County,
Pennsylvania,is authorized to issue LEtters of Administration upon the estate
of the said James Blaine Hill to the person or persons thereunto entitled.