“REGAN SAYS GUARDS BRUTAL 'SOMETHING IN IT’ - SEDGWICK,” Toronto Star. February 6, 1933. Page 30.
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Conclude Special Investigation Into Death of Burwash Prisoner
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COPY EVIDENCE
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The admission that he thought there was some justice in Mr. Regan's claim that Frank Smith, ex-inmate who died on July 12 from broncho-pneumonia at the Burwash Industrial Farm. had been used. cruelly was openly made by Jos. Sedgwick, solicitor of the attorney-general's department. at the conclusion on Saturday afternoon of the special investigation into Smith's death.
"If the great feature of reforming Inmates at these institutions is going to be nullified by brutal guards, then It should be corrected at the earliest possible moment," submitted Frank Regan, counsel for Walter Lasher. ex-inmate hospital orderly, whose charges of cruelty caused the investigation.
On a day to be set after the evidence is transcribed, and a copy presented to him. Mr. Regan was promised, he is to have a chance to give. his interpretation and make suggestions.
A surprise late on Saturday at the final sitting was the statement of Dr. D. R. Gunn, the physician at Burwash. that he may have been wrong. when he announced earlier that Lasher's temperature and pulse record book was destroyed. It was from this book that the nurse made her official clinical charts. upon which the Burwash authorities depended principally in the investigation to show that Smith was given proper medical treatment. Accordingt o Dr. Gunn. the book may still be at the prison camp.
“What significance would there be in not producing it,” inquired Sedgwick. ‘Well, the clinical charts were made from this book of mine by the nurse,’ replied Lasher.
It was a surprise to the investigators, also, to learn that progress reports were often made up after the patient had left the hospital, and, sometimes, not at all.
Not Kept In Bed
Mr. Regan, towards the conclusion, also challenged the treatment of Smith in allowing him to get up out of bed and go for an X-ray treatment when he had broncho-pneumonia.
"Do you think he should be allowed to get up and go to the bathroom. Do you think that's proper treatment for a man when he had broncho-penumonia to your knowledge." "At that time I thought. there was no contra-indication," replied Dr. Gunn,
"But you knew he had broncho-pneumonia.
"I thought it was all right for Frank Smith to go," said the doctor.
"Because you thought he was malingering."
"Why didn't you contradict Lasher when he told the superintendent you didn't write an order in the book? and you didn't say a word."
"I would have if the superintendent had asked me."
"And yet you want us to believe you did write orders in that book?’ Yes."
"And yet you sat there and listened to serious allegations regarding your professional integrity and you didn't deny it or ask for the book to be produced?"
"Mr. Oliver accepted my word?" suggested the doctor.
"Did you tell the superintendent you wrote orders In the book?" asked Mr. Sedgwick. "No," replied Dr. Gunn.
“The superintendent accepted Lasher's word," declared Mr. Regan.
"Do you think a man with pneumonia should be forced to take several quarts of milk and some egg nogs a day" asked Mr. Regan.”Yes,’ said the doctor.
"Is Lasher right when he said he gave the man the digitalis on his own initiative" "Yes, that's perfectly true
When Doctors Disagree
"And Lasher is right when he says you stopped it after Dr. Cook had said it was all right?" "Yes," said the doctor.
"You never mentioned digitalis to Dr. Cook?" "No. It just came up casually. Dr. Cook said it would be all right and I ordered it. I put down fifteen minims on the order book every four hours."
“Those are the pages of the order book missing?” “Yes."
Dr. Gunn stated that he stopped it later because he did not consider it necessary.
"Dr. Cook suggested it would do no harm to use digitalis," said Dr. Gunn again.
"So that is the principle on which you used it: that it would do no harm?” asked Mr. Regan. "That's the first principle of prescribing medicine."
"Doctor, you tell us that this temperature book of Lasher's which is becoming more and more important. was destroyed. Who destroyed it?"
The doctor started to answer at length. The commissioner instructed it was a fair question.
“You said it was a book destroyed because it had only duplications, do you know who destroyed it?”
"I was talking to Cameron Hayes yesterday and he gave me to understand that it was not destroyed."
"Where is it?" "Up at the farm, I guess."
"I'd like to have that book produced. Why wasn't It brought down?”
“My answer is that it wasn't an official record."
"You have no reason to doubt its correctness?" "No."
"But no official records are made from it," emphasized the doctor.
"No: but official records are made from it," said Mr. Regan. "Yes."
Questioned about Lasher's charge that Dr. Gunn did not apply any death tests to the dead man Smith, Dr. Gunn denied it and told about testing eyes and looking at the veins of the neck, as well as other ordinary tests.
“Was his head swollen up?" "No, I didn't observe it." said the doctor.
"Well, Lasher said his head was all swollen up." countered Mr. Regan.
Claims Easton Knew
"Easton saw it," ejaculated Lasher to his counsel.
“Yet if you examined his eyes, as you say you did, you must have seen it?” declared Mr. Regan.
Quoting from a morning paper that Investigating solicitor had come to the conclusion that because most of the 41 prisoners who gave evidence at the Burwash sitting of the inquiry had used almost the identical language, and had, therefore, drawn the remark from Mr. Sedgwick that their authenticity was doubtful, Mr. Regan protested that the guard had said only a few words in such tones that it would be impressed upon the men.
Mr. Sedgwick emphasized that this was not his attitude at all.
Mr. Regan finally waived going to Burwash to examine Sergt. Vincent and Nurse Evelyn Loper, and it was agreed that he would be given a transcription of the evidence after it was copied, and have a chance on some day afterwards, set by the commissioner, to present his interpretation of the facts and make suggestions to the commissioner.
"I think the condition will be commented on by the commissioner in his report,” said Mr. Sedgwick, regarding Mr. Regan's submission that cruelty had been used by Sergt. Vincent and others towards Smith. "I think there's something in it," said Mr. Sedgwick.
"People are supposed to be sent to these institutions for the purpose of reform." emphasized Mr. Regan, "After all, no nation can survive if is not administered justly impartially. If the feature of reform is going to be nullified in these institutions by the guards, it should be corrected at the earliest possible moment. The reformatory feature, I submit, depends upon the character of the guards. If we have brutal guards, then the character of penal institutions will go by the board."