This is the Clemens Story

as related in evidence at the coroner’s inquest

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.
Columbia on May 11.

The case comes before the Supreme Court of British

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.

Police Matron
J. Heathorn

Police Matron 173, Jeanette
Heathorn, Vancouver City Police
Department, testified that on the
night of July 19, 1952, PC Haw
asked her to visit Cell 4, where
Clemens spent the night on the
cement floor. Her testimony, in
part: :

Mr. Nemetz: “Now would you
tell the coroner and members of
the jury what conversation you

had and what occurred from the |

moment when he called you?

A: Well, I went in and I saw this
prisoner lying on his back on the
floor. He complained to me that
he had pains in his ankles and
his feet and his wrists. I examined
his ankles and there was no sign
of bruises or anything. I asked
him to move his feet and he did.
And his arms he kept out and
bent and off the ground in a
vertical position. And he was
able to move his fingers and his
hands.

(ee Yes.
A: And there were no bruises
and no abrasions whatsoever.

Q@: Consequently — were you
present with Police Constable
Haw; was he there?

A: He was there with me.

Q: When you examined him?

A: Oh yes, we don’t go in there
alone.

Q: Yes. How long did that ex-
amination take you?

A: Oh, I thing I was in there
about 10 minutes. ...

Mr. Stanton: Were you the only
person with any medical training
in the jail that night?

A: That is right.

Q. And you are, between 12 at
night tc 8 in the morning, the only
person with such training?

A: Yes, besides the
matron.

Q@: The floor is cement, the
floor? é

A: Yes.

Q: Did you use a flashlight?

A: I believe somebody held it.

Q: Don’t you have electric lights
in the cell?

A: Oh yes..

Q: Why did you require a flash-
light?

A: I couldn’t tell you right off
whether we did or not. I just
don’t remember.

Q: Now, did you refer the case

to the day shift?

A: When they came on [| sug-
gested we wait and see how he
acted and give him a chance to
sober up.

Q: Yes.

A: And as I went off I did see
Peter McGrenera from the day
shift and he went and saw the
man, and I said, “What do you
think?” «nd he said, “Hospital,”
and I said, “Yes,” and he. phoned”
for the ambulance. .. .

Q: Would you please say wheth-
er this man was fully clothed
when you saw him?

A: Yes, as far as I could see.

Q: Did you notice a scratch on
his nose? :

A: IT saw no scratch on his nose.

Q@: He had no scratch on his
nose?

A: No.

@: Yes, were ‘is’ arms being
held in an awkward position?

A: Yes, just as-you are holding
them now off the — over his
head off the floor.

Q: I see. Did that strike you as
odd?

A: Apparently he was suffering.

Q: You thought there was no
paralysis?

ETT TD SUE TED thet

ath

se 515

‘phicii iio shag kc | 4

STANTON, MUNRO & DEAN

Barristers - Solicitors - Notaries

FORD BUILDING |
(Corner Main & Hastings Sts.)
MARINE: 5746

Le

193 E. HASTINGS

: Ssmomonnnicaaveouaceninmunovascneaeravarea rar easenvauataareaneras

other |.

A: No.

Mr. Dean: You conversed all the
time you were examining him?

As YVese rie

Q: Did he talk coherently?

A: Oh yes.

Q: Did you say he was in pain?

A: Yes, he said he had pain in
his ankles.

Q: Was his speech slurred?

A: I was able to understand
what he was saying... .

Q: You spoke to somebody later
on and you agreed that he should
have gone to the hospital?

A: Yes.

Q: And when you examined him
didn’t you think he should have
gone to the hospital then?

A: Not at the time. I thought
at the time we should wait and see
when he sobered up. -

Q: You didn’t see him subse-
quently after that yourself?

A: No.

Q@: An- hour ‘after that you
agreed he should go to the hos-
pital?

A: Yes, he stil complained of
pain.

Q@: You never thought to have
him placed in a bed?

A: Well, he was in no condi-
tion. He would have fallen off
the bed.

Q: He was better off on the ce-
ment floor?

A: Absolutely.

Sgt. Cecil
A. Mclntosh

Sgt. Cecil Alexander McIntosh,
Vancouver City Police Depart-
ment, was jailer on the morning
of July 19. His testimony, %n
part:

Mr: Nemetz: And do you remem-
ber one Clarence Clemens was
taken out of the jailhouse that
‘pede

A: I do. j

Q: And did you hand him over
to any particular constable?

A: No, JI called the ambulance
and sent him to the hospital... .
I was called to Cell Block No. 4
by Constable McGrenera and
Smith, where I saw Clarence Cle-
mens, the deceased. He was sit-
ting on the floor and complain-
ing of paralysis, he couldn’t walk,
so I put in a call to send him to
the hospital.

Q: What time did you put in the
call?

_' A: Eight o’clock in the morh-

ing.

Q: When you came on duty?

A: Yes.

Q: He was put on a stretcher?

A: That is right.

Q: And taken to Vancouver Gen-
eral Hospital?

A: Yes.

Q: Did you have occasion to see
him again after that?

A: I saw him when he came
back at 3.35 p.m. that day in care
of PC 419 Hoyle who was on guard
at the hospital.

Q: What cell © did you put him
in?

A:
we put him in Cell Block 3.

Q@: Did you see him actually
come back into the jail?

A: I saw him come up to. the
counter . He was walking in with
the assistance of PC’s 419 Hoyle
and 494 Welsh.

Q: Was? he* walking?

A: He was being held.

When he came back again

PC William
P. McGrenera

PC 306 William Peter McGren-
era, Vancouver City Police De-
partment, called the ambulance to

take Clemens to hospital. His
testimony, in part:

Mr. Nemetz: Did you help him
into the ambulance?

A: No.

Q: You didn’t assist in any way?

A: The ambulance drivers put
him in the ambulance.

Q: You saw him on the stretch-
er?

A: Yes, I did.

Q@: Did you see him again at a

‘| later time?

A: Approximately 3 o’clock in
the afternoon we were notified by
the Police Court Clerk’s Office
that Clarence Clemens’ bail had
been paid and he was to be re-
leased. I went up to see Clem-
ens. He was now in No. 3 Cell
Block. I told him that his bail
was paid and he could leave. He
stated at that time that he was
unable to move.

PC Kenneth
Vivian Smith

PC 273 Kenneth Vivian Smith,
Vancouver City \ Police Depart-
ment, saw Clemens before the
ambulance came. He testified, in
part:

Mr. Nemetz: Did you see Clem-
ens at all? ) i

A: Oh, just for — just a second.

Q@: Just a second. You had no
conversation with him?

A: I just asked him, “What is
wrong with you?” He complained

that he couldn’t move his arms
and legsis:.

Mr. Stanton: Did you doubt him
when he said he couldn’t move his
arms or legs at 8 o’clock that
morning?

A: I beg your pardon.

Q: Did you doubt what he said?

A: We were more interested in _
getting the ambulance there and
getting him away.

Q: Did you believe it was true

or did you think he was putting
on an act? ;
~ A: Sometimes when we are

moving at that time of the morn-
ing — we move them over from
No. 4 cell block to No. 3 and get
them ready for court —

Q: Yes.

A: And when he mentioned that
he couldn’t move his arms and
legs —

Q: I don’t want your general -
practise. Just whether you thought
he was putting on an act or -—

a I felt he was putting on an
ac

Q: You thought he was?

A: Yes.

Q: Why?

A: I don’t know why. ° :

Q: You don’t know why? When

about three in the] afternoon,
down in the elevator, to the
Austin car, was he in general need
of assistance or’ was that an act?

A: Yes sir.

Q@: He was in general need of
assistance?

A: He said he couldn’t move his
arms and legs so we assisted him
him down to the car. j :

Q@: So he appeared in general
need of assistance.
. A: Yes sir,

PENDER
AUDITORIUM

(Marine Workers)

338 West. Pender
LARGE & SMALL HALLS
_ FOR RENTALS
Phone PA. 9481

FIGHT for JUSTICE

Clemens Case

The Pacific Tribune, Room 6, 426 Main St., Vancouver 4, B.C.

as a contribution to your defense fund

SUPPORT THE

Pacific Tribune’s

in the

Please send me a Pollesen aiaek oO

How many

PACIFIC TRIBUNE — APRIL 10, 1953 — PAGE 10

cE ta cata,

you assisted him later in the day, a