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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

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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

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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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