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The claimant was a Lance-Corporal with the 4th C.M.R. Regimental number 113138. He enlisted January 8, 1915 at the age of 20 years. He was taken prisoner June 2, 1916, unwounded. He was repatriated to England November 29, 1918. He received a pension of 5 per cent disability amounting to $3.00 per month which was discontinued May 31, 1920. It was based on chest trouble. He was married December 15, 1919, and has three children. Prior to enlistment he was engaged in farming, income not stated, and since his discharge has engaged in trucking business for himself. Income not stated.
He alleges that while a prisoner of war he was subjected to maltreatment which resulted in pecuniary damage to him. He complains of repeated beatings at the hands of German sentries, with rifles, and blows in the face. He was kicked in the stomach leaving a permanent injury and was forced to work in coal mine for 6 months 11 or 12 hours per day.
An analysis of the evidence reveals:
After capture claimant was taken to Dulinen camp, where he remained for two months. Apart from being made to stand to attention for several hours after the day's work, in common with the whole camp, as a punishment for mocking a German General, there is no complaint of maltreatment. He was sent to Oberhausen, where he remained for the duration of the war, except during the time of an attempted escape. Conditions at this camp were very harsh and claimant, who was a particularly strong and well built man, seems, perhaps for that reason, to have been subjected to rough usage. He complains, as do the others, of excessive work, and undernourishment, to which he ascribes his impaired gastric condition. Claimant was struck by guards and was given solitary confinement on several occasions, seemingly for trying to defend himÂself from the blows. On one occasion, while working upon a machine with a French prisoner, he attempted to assist this prisoner, who was being beaten by the guard. He himself then received a severe beating and was left in a semiconscious condition. This incident is corroborated by a fellow prisoner. A fight appears to have ensued and claimant was given 14 days solitary confinement, which he served under the most unsanitary and brutal conditions. Claimant attempted to escape, was recaptured and brought back to camp. This attempt earned him another very severe beating and an additional period of solitary confinement. When released from confinement he was sent to work in a "punishment coal mine", where for failing to do as much work as his guards required, he was struck with a hammer across the nose and still bears the scar. He Was also struck on the chest and carries the scar of this blow. He speaks of prisoners seeking to avoid work by self inflicted injuries.
In addition to the Medical Certificate of Dr. Mortimer Fleming, filed of record, Drs. Campbell and Fleming appeared before the Commission. Claimant is suffering from chronic bronchitis, asthma, bronchiectasis, gastro-enteritis and possibly an ulcerative condition of the stomach and duodenum, neurasthenia, rheumatism of shoulders, arms and fingers. There is also a right inguinal hernia. These conditions are declared to have resulted possibly from malÂtreatment, exhaustion and emotional strain with long continued malnutrition.
There appears to be no doubt that claimant's health has suffered perÂmanent impairment, principally as to his bronchial condition, and this can be traced to the treatment he received as a prisoner. Viewing all the circumÂstances I would recommend a payment to claimant of $800, 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 1, 1931.
Originally printed on page 36 of the report
Transcribed by: marc