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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

“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.

Sat. Milton Walker

Sgt. Milton Walker, of the Vancouver Police Department, was sergeant jailer on July 19, 1952, when Clarence Clemens was arrested. He testified, in part:

I saw Constables Brown and Wintrip bring the man that I was later told was Mr. Clemens to the desk and he was booked in on a charge of assaulting a PC. Dur- ing the course of my duties we have quite a number of people arrested in an evening and many of them drunk. Brown and Win- trip assisted this colored man to the booking office and when they got him to the booking office they released him and he slumped to the floor. That wasn’t to my mind an unusual thing because the ma- jority of the people—not the ma- jority of people but quite a num- ber of people who are brought into the jail are in that condition that they are not able to stand, and we have to take the particu- jars of the birth, age, all the par- ticulars about them, from what we can see ef them when they are lying on the floor; and we usually mark them T.D. on the booking sheet which means “too drunk”...

I booked Cleméns in and after

I finished booking him in he was

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| taken to the cell and I don’t know

whether he was assisted to a cell to~the elevator—some of them are taken to the second floor to the cell from the booking office.

Mr. Nemetz: Did you see him yourself, sergeant, after—

A: I didn’t see him. As a mat- ter of fact, after I had booked him away I might have put his effects in the locker... .

Q: Did you see him when he was taken out to the hospital?

A: No.

Q: You “did not?

A: I might enlarge on that. Con- stable Haw’ told me about six o’clock in the morning that he had seen the matron.

Q: Yes? ’

A: She told him—or Haw told me he ‘had take the matron to see Clemens and Mrs. Heathorne said she thought that he was putting on an act. It was sort of third hand to me; otherwise I would have sent him to the hospital but she said she thought he was put- ting on an act.

Q: She reported it to Haw?

A: Yes, and Haw reported it to me. At the time he was just an ordinary drunk. ...

The coroner: You thought this man was intoxicated? e

A: I thought he was a regular intoxicated man.

Juror: Did you find a knife among his effects?

A: I do remember someone giv- ing me a knife which was partly

open, and that was drawn to my |

attention iater on because we do find knives among prisoners’ ef- fects. And, this knife, was partly open. I had forgotten it until you brought it up now, but I do re- member it now. It was partially open bearing quite a long blade, anyway, I would say a four-inch blade, what you know as a spring knife...

Mr. Stanton: A knife that was taken from him was put on the table among other things? !

A: Yes, among other things.

Q: And this was a jack knife about four inches—

A: No.

Q: Like a boyscout— i

A: No. I didn’t think it was a

.| his property from his person and

boy scout knife. I thought it was a spring knife.

Q: What do you mean by a spring knife?

A: It is a knife, when you press a‘button the blade springs out.

PC Robert John Haw

PC 343 Robert John Haw, Van- couver City Police Department, testified | that he saw Clemens when he checked cell block No. 4 at about 6 a.m. ;

Mr. Nemetz: What had caused you to see him? :

A: Well, he complained to me he ouldn’t move his body. And his legs were numb.

Q: Yes. What did you do?

A: I went and opened the cell door and spoke to him.

Q: Yes. :

A: And~ asked him what his name was, and he told me what his name was.-

Q: What did you do?

A: I went and informed Matron Heathorne, and brought her back to the,cell. She examined him while I held the flashlight on him.

Q@: She examined him in your presence?

A: That is correct.

Q: And then what did she do?

A: She thought that she would wait for the day shift to come on just to make sure. Well, I won’t say what she said. She is coming on. She said she would wait for the day shift.

Q: What time does the day shift come on? ;

A: They come on at a quarter to eight.

Q: And this was at six o’clock?

A: Six o’clock in the morn- ings

Mr. Dean: Was he lying on the floor when he spoke to you?

A: Yes.

Q: Where, on the floor, by the door?

A: I imagine three feet from the door.

Q: Was he able to speak coher- ently to you?

A: Yes. ;

Q: Quite coherently to you?

A: Yes.

Q: Did you see any signs of speech being blurred, or slurred?

A: He spoke quite clearly.

PC Walter -G. Corson

PC 16 Walter Gordon Corson, Vancouver City Police Depart- ment, who was assistant jailer that night, testified, in part:

I assisted the two officers bring the prisoner to the booking desk, and he stood at the booking desk and I prepared to search him. Be- fore I even -had a chance to Yo through his property ‘he slumped to the floor. I said—I told him to get up on his feet and stand up to the bar and answer the sergeant’s questions. He inform- ed me he couldn’t stand up so I proceeded to search him. .. I proceeded to search him and took

A

Mr. Nemetz: Now what property did you take from him? Would you describe that please?

A: Well, I couldn’t describe all of the property; I knew there was papers and there. was a_ badly worn wallet, but the one distinct thing I did notice was the open jack knife in his pocket. J re- moved that from his right hand coat’ pocket and placed these on the desk and the sergeant con- tinued to book him in.- After he was all booked in I took him to the elevator, placed him-in the elevator and took him up to the next floor. ...

Q@: And you assisted him, did you?

A: I was forced to drag him on with his shoulders. :

Q: And did you have occasion to see him again after you ‘had locked him in?

A: I did. el had numerous oc- casions during the night in my rounds and checks... .

Q: Now what occurred during that morning that was out of the ordinary?

A: Well, actually there was no- thing out of the ordinary. The ordinary prisoner that we place in the cell block I would, wake him up and all I would get was a grumbling. He was asleep every

would just get a grumbling out of him.

Q: Yes.

A: After I would wake him up and just get a grumbling out of him I knew he was alive and well.

Mr. Stanton: Was it a jack knife you took from his possession?

A: That is right, sir.

Q: It was a jack knife, a boy scout knife?

A: Yes.

Q: The. kind that— >”

A: Unfolds.

Q: The blade would be about /four inches long?

A: About three and inches.

Q@: You said you assisted him from the booking place to his cell?

a_ half

time that I went into his cell. I.

A: Yes, that is right. i

Q: Did you support part of his weight all the way along?

A: I did as I do with them all, I had his weight on my arm and dragged his héels along the floor.

Q: I see. You dragged his heels along the floor?

A: Yes.

Q: And when you got him into”

the cell was there a bed there?

A: Well, there are beds but it would be impossible for me to lift him on to the bed.

Q:. Was he left on the floor.

A: Yes, the majority of the time when we place a drunk in the cell as far as: I know we never put him on the bed.

Q: I am not criticizing you. 1 am just asking you questions. Did he at any time ask for aid?

A: No, he did not.

Q: Was there any doctor in the jail that night?

A: No, there wasn’t.

Q: I take it there never is?

A: Not to my knowledge.

Q@: And did you see him lying on the floor at the various times

you called up to see that he was alright?

A: Yes.

Mr. Dean: When was the last time you saw him, Officer?

A: The last time I saw him was a quarter to six. :

Q: And he was still on the floor?

A: Yes.

Q: And this knife you took off

him, was that knife fully opened? A: Yes, it was fully opened 12 his pocket. The coroner: Do you mean to

say you have never seen a doctor

up in the jail? ; A: Other than on day shift. Q: At night time?

A: At night time, I have see?

the doctor come around and make his checks.

Q@: Yes. They do that every night. }

A: Not on midnight shift.

Q: What shift?

A: Not from midnight in. 07 the day shift and night shift.

The coroner: Alright, that is all.

—«

3

placed it on the booking desk be- fore the sergeant.

‘

Pacific Tribune’s

Clemens Case

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

A enclose Be tic t sac. as a contribution to your defense fund BEAVIS eee ROR ee yo nt a Pitas ocitive cosmos Gt How ae

in the

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PACIFIC TRIBUNE — APRIL 3, 1953 — PAGE *

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