Maltreatment of Prisoners of War

The claimant was a Private in the 7th Batalion (sic), Regimental No. 16293. He enlisted in August, 1914, at the age of 23 years. He was taken prisoner April 24, 1915, at the second battle of Ypres, suffering from gunshot wounds in the left shoulder and left hip, and from gas. He was released to Switzer­land in 1917, and was repatriated to England March 25, 1918. He is in receipt of a disability pension of about 30 per cent, amounting to $39 for himself, his wife and two children, based on chronic bronchitis, sinusitis and neuras­thenia. Neither the record nor the evidence appear to disclose what this man's occupation or income was either prior to enlistment or after the war. His attestation paper shows that he was a "traveller."

He alleges that while a prisoner of war he was subjected to maltreatment which has resulted in pecuniary damage to him. The statement of claim is quite general as to the maltreatment suffered.

An analysis of the evidence reveals:

Taken to a dressing station claimant received some medical attention for his wounds - without an anaesthetic and was then sent on, through Cologne, to Ohrdruf and eventually to Cassel. He complains of being compelled to work at farm labour and, while so engaged, a farm house was destroyed by fire. He and other prisoners were blamed for the burning though it was impossible for them to have had anything to do with it. They were courtmartialled, and while the case was dismissed, were condemned to 28 days confinement. They were searched for tobacco and a sergeant-major struck the claimant in the face and the guards beat him with rifles and bayonets about the head until he was unconscious. His cell was cramped and he had to sleep on a plank. He contracted dropsy, was taken to the doctor and finally transferred to Switzerland. His complaint as to maltreatment is confined to the blow received from the sergeant-major, which he contends has left permanent injury.

The medical record indicates that claimant is suffering from neurasthenia, nephritis and bronchitis. His percentage of disability is stated at from 25 per cent to 30 per cent. No medical evidence was adduced before the Commission but claimant's overseas medical board report declares his condition as follows: "Evidence of wounds in left shoulder and left thigh. Has had persistent albuminuria. Is very nervous and debilitated, also has a slight cough, evidence of bronchitis. Heart and lungs normal ".

I cannot find in the evidence submitted such maltreatment, with resultant disability, as would entitle claimant to an award. I believe his case to be one purely for the consideration of the Board of Pension Commissioners. The blow in the face from a German sergeant-major, to which he confines his complaint, has not, as far as I can see, resulted in any disability. The claim must, accordingly, be disallowed.

ERROL M. McDOUGALL,

Commissioner,

OTTAWA, December 7, 1931.

Originally printed on page 29 of the report