Maltreatment of Prisoners of War

The claimant was a Private in the 15th Battalion - Regimental number 28017. He enlisted in August, 1914, at the age of 24 years. He was taken prisoner April 24, 1915, at the battle of St. Julien, suffering from gunshot wound in the right leg and was gassed. He was released January 1, 1919, and reached England the 13th of that month. He is in receipt of a 50 per cent disability pension, amounting to $57.50 per month, based on heart trouble. It is noted that his medical history sheet discloses that he had cardiac trouble in infancy but outgrew it. He was married August 25, 1920, and has one child. Prior to enlistment, he was employed as a clerk in the Mail Order Department of the Robert Simpson Co. Limited of Toronto, at a salary of $10 per week, and since his discharge he worked as a street car conductor in Toronto at a wage of 60e an hour, averaging $70 every two weeks. He was laid off on account of ill‑health, and was unemployed at the time of the hearing.

He alleges that while a prisoner of war he was subjected to maltreatment which resulted in pecuniary damage to him. He complains of the usual ill-treatment, blows from fists and rifle butts, heavy labour, solitary confinement and being made to work when unfit.

An analysis of the evidence reveals:

Claimant was wounded in the right leg and suffering from the effects of gas when captured. He declares the only medical treatment was the administration of a pill. He was taken to Saltau camp, where he complains of being kicked in the spine, and suffered from this injury for some time, but was compelled to continue working dragging heavy waggons. He was eight months at this work. Still suffering from the effects of gas he was kicked and beaten. Giessen was the next camp to which claimant was sent. Here for refusing to work upon munitions he was placed in solitary confinement for six months, and generally beaten about with rifles. He was then transferred to Frankfort-on-Main, where he was beaten about the legs with a lash till the flesh was cut, because of failure to work through exhaustion. Claimant was then sent to Stadorf in Hanover where he was cut with a bayonet, and stabbed in the side for similar refusal to work. At Slopenstead where claimant was then sent, he was beaten and his clothes torn off him by civilians and soldiers for refusing to work. He was kicked down stairs with a blow in the face from a guard and broke his arm and was compelled to go to work before the bones had mended. He declares his heart condition, of which he chiefly complains, first became evident about one year after he was in Germany. The continued hard work aggravated the con­dition. He has lost time from his work and is now unemployed, having to relinquish his post with the Toronto Transportation Commission through ill-health.

The medical record indicates a condition of angina pectoris and myocarditis. His percentage of disability is stated at 50 per cent in his own calling and at 75 per cent in the general labour market. His pension record would appear to establish that claimant's condition is progressively deteriorating. From 20 per cent in 1921, he was rated at 30 per cent in 1923, and at 50 per cent in 1930. Dr. Mortimer Fleming, who testified on behalf of claimant, speaks of this heart condition as of a very serious and advanced nature - which may carry him off at any moment. It is ascribed to worry, physical and emotional strain, which may very well have resulted, in part at least, from his experience while a prisoner of war. Gas may also be a contributing factor.

Claimant is undoubtedly disabled, and I have reached the conclusion from a study of the case that some, at least, of this disability may be traced to his treatment whilst a prisoner of war. Having regard to the general observations contained in the Opinion annexed to the present report, and the pension which claimant now receives, I would recommend payment to him of $800.00 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, November 30, 1931.

Originally printed on page 68 of the report