Maltreatment of Prisoners of War

The claimant was a Private in the 4th C.M.R., -Regimental No. 109569 He enlisted April 7, 1915, at the age of 20 years. He was taken prisoner July 2, 1916, during the battle of Mount Sorrel. He was neither wounded nor gassed during this engagement, but had a shrapnel wound in the leg, apparently from some previous engagement. He was repatriated to England December 18, 1918 He is not in receipt of pension. He was married at the time of enlistment and has one child. Prior to enlistment he was employed as a sheet-metal worker at a wage of $17.60 per week, and since his discharge has had various occupations, chiefly painting, at which he earns $5 per day when working, but it is not steady, and averages about $20 per week.

He alleges that while a prisoner of war he was subjected to maltreatment which has resulted in pecuniary damage to him. He complains of having had to work in the coal mines for about two years and suffered physical abuse. Made four attempts to escape, and was so severely beaten after the last attempt he was sent to the hospital for six weeks. Had to stand at attention from 17 to 18 hours daily without food or water; was thrown in a dark cell for 28 days at a time, four separate times, and suffered beatings with a hose, rifle butts and bayonets. His ear is scarred as a result of being struck with a bayonet. He suffers from a heart condition as a result of his treatment and cannot follow his trade at sheet-metal roof work as he cannot ascend ladders.

An analysis of the evidence reveals:

Claimant does not give in detail the prison camps to which he was sent He appears to have made commendable but unsuccessful efforts to escape on four occasions and received severe thrashings upon recapture. From his military record sheets, it would appear that these attempts were made from "Kommando 47," Westphalian coal mines. On his third attempt he was treated with particular violence and became unconscious from the blows received, his ear was almost torn from his head, and he was in hospital for six weeks as a result. He suffered greatly also with his knee which had been injured on the same occasion. Four times he received solitary confinement of 28 days each. His statement as to the beating received upon his third attempt to escape is corroborated by a fellow prisoner, G. F. Gregory, who accompanied claimant on the occasion in question. Claimant complains generally of his condition, weakness and impairment to his health.

There is no medical evidence of record not even the usual certificate certifying to claimant's condition and percentage of disability. The only reference to his condition is contained in his military discharge record which declares, that the last medical board from the C.E.F. finds "all systems normal ".

Were it not for the fact that claimant spent two years in the coal mines, where the conditions were notoriously harsh and brutal, I would be unable to reach a finding in his favour, because of the absence of medical evidence establishing disability. In the circumstance, however, I am resolving the doubt in claimant's favour and I would recommend a payment to him of $700.00 with interest thereon, at the rate of 5 per cent per annum, from January 10, 1920, to date of payment.

ERROL M. McDOUGALL,

Commissioner,

OTTAWA, December 7, 1931.

Originally printed on page 50 of the report