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This is the Clemens Stor

as related in evidence at the coroner's inques!|

On July 19, 1952, Clarence Clemens, a Negro long:
shoreman, was arrested by two Vancouver, city policemen,
Robert Wintrip and Dan Brown. The following morning he
was taken to Vancouver General Hospital for an examina
tion, but was discharged the same day. Freed on $50 bail,
he remained at home in bed until July 28, when he ‘lapsed
into a,coma and was again rushed to Vancouver General
Hospital. He died on Christmas eve, December 24, without
ever having regained full consciousness.

Five days before. Clemens died Constable Dan Brown
started libel proceedings against the Pacific Tribune on the
basis of stories this paper published dealing with the Clemens
case. The case comes before the-Supreme Court of British

‘Columbia on May 11.

On January 6, 1953, an inquest was held at the Van-
couver coroner's court before Dr. J. D. Whitbread, Coroner.
The jury’s verdict stated that Clemens died “‘an unnatural
accidental death as a result of injury to the spinal cord caused
by an old injury which may have been aggravated by his
strenuous struggle while resisting arrest by the Vancouver
City Police Force officers at approximately 2.30 a.m. July
19, 1952, in the normal course of their duties and we further
wish to commend the doctors of. the Vancouver General
Hospital for their thorough treatment and care of the deceas-

ed as a staff patient.’

The verdict has aroused wide dissatisfaction. As a pub-
lic service, the Pacific Tribune is publishing important ex-
cerpts from witnesses’ statements made under oath at the

inquest.

Dr. Solon
R. Boynton

Dr. Solon R. Boynton, medical
doctor, who discharged Clemens
from Vancouver General Hospital
on the afternoon of July 19, 1952,
testified, in part: . :

A: I was asked to see the patient
about 1.30 in the afternoon of
July 19. The patient appeared
conscious. He had an odor of
alcohol on his breath. Though he
was conscious he appeared to be
emotionally disturbed. I asked
him what the trouble was and he
said he had difficulty in moving
his legs and arms. And I proceed-
ed to test him and stimulated his

_ legs and drew them up slowly,
then I asked him to raise his arms
which he did and I noticed his
wrists were relaxed. . ..

Also in differentiation to Dr.
Rodko the left leg came up more
quickly than the right. I bring
that point, out that this not an un-
ommon picture in hysterical peo-
ple or one who might be malinger-
ing.

_ On examining the head and neck

-¥ did not see any evidence of ex-
ternal injuries and there was no
pain or tenderness of the neck.
No abnormalities were seen

the trunk. On examination of
extremities several small lacera-
‘tions were seen which were previ-
ously described.

: On neurological examination of
the reflexes as well as the cranial
nerves nothing was found. Every-
thing was normal except for the
abdominal reflexes which in a man
of this age does not have much
significance .

In conclusion it was found that
this case was hysterical or maling-
ering bringing out several points;
one, that neurological examination
was negative; two, that the X-rays
done of the cervical and skull,

right wrist and left hip were neg-
ative; and all these findings being

e

negative it was my conclusion that
we were dealing with an hysterical
or malingering patient. :

Mr. Nemetz: Did he make any
statement to you, Doctor?

A: Only that he had difficulty
in moving his legs; that he could
not move his legs, but when they
were stimulated he could do so.
He did say he was in a scuffle with
the police but would not go into
detail.

Q: Are you the doctor that dis-
charged him?

A: I am.

Q: What time did you discharge
him? ,

‘A: I examined him about 25 to
30 minutes and discharged him
after that. :

Q@: That would be about: two
o'clock? :

A: Yes. .

The coroner: Your opinion is
that he had been malingering or
Was emotionally upset?

A: That was my opinion.

Q: With that in mind and with
negative findings you suggested
that he should be discharged?

A: In the custody of the police.’

Q@: Was he able to walk?

A: I got him up on his feet and
with aid he was able to walk. °

Q@: Why did you consider he was
in good condition when he needed
assistance to stand?

A: It is possible his muscles
generally could be very sore.

Q: When the police took him |

were you there? {

A: I left shortly before that
time.

Q: But he wasn’t able to walk
when you left.

A: Not without aid... .“

Mr. Dohm: Doctor, as I interpret
your evidence briefly the man
either could not or would not
walk.

A: It was very difficult to tell,
and in an hysterical patient you
cannot be sure of these things.

Q: You came to the opinion he
could walk and that he was sham-
ATI f It that

2 I fe at was a stro S-
sibility. . . . i rene

Mr. Stanton: I suppose it is
harder to see contusions and
bruises on a Negro person and

you could not tell because of the
color of the skin, you could not
see?

A: It could have been.

Q: Did you notice at the base
of the spine where skin the size
of a five cent piece had been re-
moved?

A: I did not notice.

Q: You did not examine him in
that region?

A: Not in that region.

Q: When he mentioned the
cause of those injuries did he use
the word scuffle?

A: That is my word.

Q: Do you remember the word
he used?

A: I don’t remember. . - .

Q: You helped him on his feet?

A: I did, yes. .

Q: Who else on the other side?

A: An‘ officer.

Q: A policeman?

A: Yes.

Q: What did you do when you
saw him walk a little? Did you
leave him? : .

A: No, we saw he had difficulty
and put him back on the examin-
ing table.

Q: What did you do with him,
then?

A: I rechecked him and I wrote

a

my report and discharged the pa-

tient,
* Q@: How did he get from the
examining table to the outside of
the hospital?

A: I wasn’t there, sir.

Q: Was he carried out?

A: The policeman was there.

Q: You don’t know whether the
policeman carried him or whether
he walked with the assistance of
someone?

A: That I don’t know.

Q: You never saw him again?

A: I never examined him again.
I saw him later on but he was in
an oxygen tent and he was ad-

| mitted to a different department...

Q: Why did you conclude he was
in good condition when he needed
aid to stand or walk?

A: Because an hysterical patient
will act that way. They ag pe.
motor paralysis of that sort.

Q: What happens to them when
you turn them loose? How long
does it take to snap out of it?

A: That varies.

Q@: Did you think it was not
your business to find that out?

A: I felt he was malingering.

Q: Did he seem to be happy or
unhappy?

A: He seemed to be frightened.

Q: Do you think he was pretend-
ing or legitimately and honestly
frightened?

A: Legitimately and honestly. I
felt this is a functional condition
and not organic lesion.

Q: How long would it take him
to snap out: of this hysteria?

A: I felt. it would be quite soon.

Q: In a few minutes or what?

A: I felt within an hour or a
Pe pee

Q: Can you give any clear reas-
on for not leaving him in the hos-
pital where he-would snap out of
hysteria?

A: I had absolutely nothing to

go on and I did not feel he was
a candidate for admission. .. .
The coroner: Mr. Stanton, we
have 55 cases and if you are tak-
ing an hour with each of these
cases we will be here this time
next week. All these questions
have been asked previously and

there is no necessity for this repe- ||

tition. I am quite certain the
Jury is quite intelligent to inter-
pret that themselves. We would
like’ you to ask questions but be
brief.

Mr Nemetz: Perhaps, Mr, Cor-

oner, the questions are fresh.

The coroner: I know, but these
are all second hand questions.

Mr.. Stanton: Incidentally, how
many marks were on this man’
body you saw? :

A: Three.

Q: Two near the knees and one
also near the knee?

A: The front part of the calf of
the left leg. ;

Q@: Did you form any opinion
how they could have been sus-
tained? :

A: They were small and insig-
nificant. I did not pay much at-
tion to them.

Q: Was there bleeding around
them.

A: Very, very little... .

Mr. Maitland: Did you ask. him

if he wished to be discharged or.

stay in hospital?

A: No. :

Q: Did you tell him he was be-
ing discharged?

A: No. I did not.

Dr. Ormond
QO. Lyons

-Dr. Ormand Oscar Lyons, medi-
cal doctor, who was called to ex-
amine Clemens at his “home July
19 after Clemens had been releas-
ed on bail and taken home by
friends, testified, in part:

A: I was called to Attlee Rooms
at 610 Alexander and saw this
man about 10 o’clock in the even-
ing. . . . I never saw this case in
my life. He was a stranger to
me and I asked what the trouble
was. He said he and his wife
were downtown at a restaurant, I
think the previous evening. . . .
he was standing there waiting’ for
her and as he stood there an of-
ficer came along and said “Move
on,’ and he said ‘I am waiting for
my wife to come,’ and he did not
move on and ‘the officer took him

in charge, and took him t0
place he said on Georgia
and there he was joined by
other officer and they tied
hands and beat him. Then |
put him in jail. He was awl!
sore that night and comp
a lot and they took him to
eral Hospital the next day 4!
was there most of the day:
X-rayed him. all over and di
find any fractures and br
him back to the jail in the
noon and his wife. bailed him
and that is when I met him.
he was complaining bitterly
being sore all over his b0
examined him. I could not i
fy any black and blye’ marks
cause of the color of his S*#

Mr. Nemetz: Because he
colored man? '

A: Yes. There was a s¢cal!
tion on the left leg, on the
knee and which oozed a little
but which was dry, and theré
a bilateral laceration ano
patella, The laceration iC
extend through the skin.
edges were irregular as if ©
by rough concrete or som
such as the corner of a
bit of superficial skin ther
a five cent piece was ee
the base of the spine. a
crying with pain because
soreness of the body. Tlf
a hot water bottle and a ha?"
lion unit of penicillin. ~ a

I returned the next day at
condition was about the aa
I gave him another halt ®
unit of penicillin. He had @™
bronchitis on the 24th.
still uncomfortable in be
suggested a hospital bed 1
and I gave him cough ™ if
and asked that they call mé :
condition was not satistacto iad
the 27th, about midnight, that
call from his wife saying "1,
had gone funny and seems Fi
out of his head. I phoned f 2
bulance and asked them art
him to the Emergency De? 1
of the Vancouver . Gene et
pital. I went to see him had
was semi-conscious an

temperature of 109. =

I enclose §

—

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