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assisted to take the patient to the theater where I administered a local anesthetic and made a detailed examination. I searched the wounds for foreign matter which might have been carried in, excised the wounds, ligatured the bleeding vessels, packed wounds with sulphonamide powder and then sutured the wounds with silkworm gut. My recollections is that the larger wound required five sutures and the smaller wound two sutures. I then dressed the rounds and administered 1,000 units of antitetanus serum. Dr. M. S. Walsh, who also treated Mr. O'Mara, made the following statement:
* I first examined the most serious of the wounds those on the left arm. One was about an inch long and penetrated into the deltoid muscle and had already been sutured. The other extended obliquely across the biceps and was about 2 inches in length. It too had been penetrated the muscle and had been sutured with five sutures. The wound on the right shoulder was superficial
, one on the back was also superficial as was also one on the point of the left shoulder.
"I dressed the wounds and as Mr. O Mara was in a very nervous condition I ordered complete rest in bed. The wound on the left arm, the larger of the two, showed signs of extravasated blood on Thursday, 3d February, and I removed two stiches to facilitate its getting out. A considerable quantity exuded and I applied a dressing. On Saturday, 5th February, I removed all stitches and applied suitable dressings to protect the scars whilst knitting.
“I attended Mr. O'Mara altogether for 4 weeks before I could safely allow him to resume his duties. He had gone through a nerve-wracking ordeal and has suffered considerable loss of blood. He suffered from shock and insomnia during the first couple of weeks, after which his convalescence was uneventful.”.
It appears that Mr. O'Mara's medical and other expenses in connection with the injuries sustained by him amounted to slightly over $200.
On January 9, 1945, the Irish Legation, Washington. D. C., presented to the Secretary of State an aide-memoire concerning this matter and advising of Mr. O'Mara's desire to make a claim against the United States for the injuries sustained by him. The act of January 2, 1942 (57 Stat. 66), as amended, provides that “for the purpose of promoting and maintaining friendly relations by the prompt settlement of meritorious claims," claims commissions appointed by the Secretary of War (now Secretary of the Army) or the Secretary of the Navy, as the case may be, are authorized to consider, ascertain, adjust, determine, and make payment on account of damage to or loss or destruction of property or on account of personal injury or death of inhabitants of a foreign country arising in such foreign country when such damage, loss, destruction, or injury is caused by Army, Navy. or Marine Corps forces or individual members thereof, including military personnel and civilian employees thereof, or otherwise incident to noncombat activities of such forces." Since, at the time of the assault, Nolan had been dishonorably discharged from the Army of the United States, it was determined that he was not then a member of the armed forces of the United States, and that, accordingly, any claim arising from his assault on Mr. O'Mara could not be settled under the act of January 2, 1912, supra, as amended, nor under any other statute available to the War Department (now Department of the Army) for the settlement of claims. The Secretary of State was advised of the foregoing and it is assumed that he so advised the Irish Legation.
It is a well-established principle of law that the United States is not responsible for the actions of its officers, agents, or employees while they are acting outside the scope of their employment and that it is not an insurer against criminal acts committed by such persons. Moreover, as has already been noted, at the time of his attack on Mr. O'Mara, Nolan was no longer a member of the armed forces of the United States, but was a general prisoner and, accordingly, he was neither an officer, agent, nor employee of the United States. However, the act of January 2. 1912, supra, was specifically intended to promote and maintain friendly relations with the inhabitants of allied and neutral countries and, except for the fact that the dishonorable discharge had been ordered executed instead of being suspended pending the completion of the term of imprisonment, Mr. O'Mara's claim would, undoubtedly, have received favorable consideration from a Foreign Claims Commission. The proposed award of $1,000 provided in H. R. 7029 appears to be fair and reasonable. purpose which motivated the enactment of the act of January 2, 1942, supra,
Accordingly, in the interest of furthering the
the Department of the Army believes that relief may properly be granted in this
The Department, therefore, has no objection to the enactment of this bill. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours,
KENNETH C. ROYALL,
Secretary of the Army.
Washington, D. C. PARTICULARS OF THE CIRCUMSTANCES IN REGARD TO THE CLAIM OF JOHN
JOSEPH O'MARA FOR COMPENSATION IN RESPECT OF INJURIES SUFFERED BY HIM AT THE HANDS OF WILLIAM NOLAN, Alias DALE J. CARR, A MEMBER OF THE UNITED STATES ARMY
On January 27, 1944, Mr. John Joseph O'Mara, a draftsman attached to the engineering branch of the Department of Posts and Telegraphs,was seriously injured as a result of a violent assault made on him in Upper Dominick Street, Dublin, by one William Nolan, alias Dale J. Carr, an American soldier who had escaped from custody in England and had made his way to Ireland. Nolan was arrested and a deportation order issued against him; he was conveyed to the border, and handed over to the Royal Ulster Constabulary on February 2, 1944.
2. Mr. O'Mara's solicitors, Messrs, Mangan and Hughes, Caledonian Chambers, 31 Dame Street, Dublin, wrote to the American Legation in Ireland regarding the injuries inflicted on their client and the American Minister suggested in his reply that any claim for compensation should be presented in Washington through this Legation.
3. Messrs. Mangan and Hughes have submitted a detailed claim, of which & copy is attached, for £51.7.0 on behalf of their client in respect of medical, legal costs, etc. They state that in addition he is claiming £150 to cover pain and suffering. Copies are also enclosed of the following medical reports:
(1) Report dated April 25, from Mr. Desmond O'Hanlon, the surgeon on duty at Jervis Street Hospital, Dublin, on the night of the incident.
(2) Report dated April 28, from Dr. M. S. Walsh.
4. The Department of Posts and Telegraphs also wish to make a claim in their case for the loss of the injured officer's services. Mr. O'Mara was absent from duty from January 28 to February 24, inclusive, medically certified as suffering from debility due to shock and hemorrhage as a result of his injuries, and during the period of incapacity he received full pay, amounting in all to £26.7.4. In this connection it is desired to state that in the case of a civil servant incapacitated by assault, the state always makes a claim for the loss of the injured officer's services. The Solicitor to the Post Office has advised that in the present case, the Department of Posts and Telegraphs' claim would consequently be made against the American Government.
5. The Garda Siochana have ascertained that Nolan had been sentenced in England by a general court martial on October 13, 1943, to dishonorable discharge and 20 years confinement, with hard labor, for robbery, assault, larceny, escape from confinement, resisting arrest and concealing venereal disease. He escaped from confinement on October 24, 1943, and was at large until his arrest in Dublin, Nolan was not charged before any court in Ireland in respect of the offenses committed in Dublin. It was not considered desirable that the matter should receive publicity, and after consultation between the Department of Justice and the Department of External Affairs a deportation order was issued against him. He was conveyed to the border on February 2 and handed over to the Royal Ulster Constabulary. Presumably he is at present in some American military prison in either Great Britain or in the United States.
6. Mr. O'Mara's solicitors were desirous of making a formal claim on behalf of their client on legal grounds but, in order to avoid undesirable publicity which would come about by such action, the Irish Government thought it preferable to submit the matter in this manner.
Washington 8, D. C. STATEMENT OF JOHN JOSEPH O'MARA'S EXPENSES, AS SUBMITTED BY
SOLICITORS, MESSRS. MANGAN AND HUGHES, CALEDONIAN CHAMBERS, 31 DAME ST., DUBLIN Medical expenses:
£ d. Dr. M. S. Walsh..
5 5 0 Mr. D. O'Hanlon.
7 7 0 Chemist account...
15 0 Damage to clothes: 1 suit, destroyed with blood and knife cuts..
12 10 0 1 overcoat, destroyed with blood and knife cuts..
10 1 shirt, torn and cut with knife
1 1 undervest, torn and cut with knife. 1 hat, destroyed with mud and bloodstains.
1 Legal costs.
Gorivo i uvert
REPORT FROM DESMOND M. O'HANLON, L. R. C. P. & S. I. Re John O'Mara, 31 Upper Dominick Street.
On the night of January 27-28, 1944, I was on duty at Jervis Street Hospital. At about 20 minutes past midnight I was called to attend a patient who had been admitted to the accident department. On examination I found that the patient was suffering from shock and exhibited evidence of having lost a quantity of blood. All his clothing on the upper left side was saturated with blood and the blood had flowed down the leg of his trousers. He had been put sitting on a chair and he was on the point of fainting. The student on duty assisted me to remove his clothing and put him on a trolley. Further examination then revealed that he had been wounded in his left arm. I found two linear wounds-one situated on the lateral aspect of the arm just below the shoulder, approximately 1 inch long and about a quarter inch wide, and the other situated on the antrolateral aspect of the arm immediately above the elbow joint and approximately 2 inches long and gaping widely. Both wounds were bleeding profusely, were of a nasty character, and appeared to be deep. I ordered the operating theater to be got ready and while this was being done first aid was administered to relieve shock and stop bleeding. I then assisted to take the patient to the theater where I administered a local anesthetic and made a detailed examination. I searched the wounds for foreign matter which might have been carried in, excised the wounds, ligatured the bleeding vessels, packed wounds with sulphonamide powder and then sutured the wounds with silk-worm gut. My recollection is that the larger wound required five sutures and the smaller wound two sutures. I then dressed the wounds and administered 1,000 units of antitetanus serum. A guard had arrived during my preliminary examination and my recollection is that this guard saw the patient home by taxi or some other conveyance. The patient gave me his name is John O'Mara of 31 Upper Dominick Street. He told me that he was secretary of a club and that while on his way home from the club he had been held up and stabbed after refusing to give his assailant money. He had been able to make his way to the hospital. The nature of his wounds were consistent with his account of what had happened. In my opinion his wounds were caused by a knife. I understand that for some time following my seeing him Mr. O'Mara attended the hospital for routine dressings and treatment but did not meet him persoanlly.
(Signed) DESMOND O'Hanlon, L. R. C. P. & S. I.
24 NORTH FREDERICK STREET,
Dublin, May 22, 1944. REPORT FROM DR. M. S. WALSH Mr. O'Mara who was under my care after being stabhed on January 27 last and was sufficiently recovered to resume his duties on February 25 last. There
was still some soreness and stiffness of the left arm at that time. The tenderness gradually disappeared leaving some stiffness which still impairs full and free movement.
He complains of disturbed sleep, with occasional insomnia. He has survived an extremely trying ordeal very well and I have no doubt but that he will eventually recover completely.
APRIL 28, 1944. I was called to see Mr. John O'Mara of 31 Upper Dominick Street, on January 31, 1944. He was in bed and was obviously ill. He told me he had been the victim of an attack on the night of January 27 when a stranger to him demanded money from him. He refused to give money and was stabbed in the left arm twice. He received other minor cuts one on the right shoulder and one extending across the back towards the left shoulder and one on the left shoulder.
I first examined the most serious of the wounds, those on the left arm. One was about an inch long and penetrated into the deltoid muscle and had already been sutured. The other extended obliquely across the biceps and was about 2 inches in length. It too had penetrated the muscle and had been sutured with five sutures. The wound on the right shoulder was superficial, one on the back was also superficial as was also one on the point of the left shoulder.
I examined the clothes which he was wearing at the time. The overcoat had five cuts extending at intervals from the right shoulder to the left arm. The coat was saturated with blood inside. The jacket had cuts, corresponding with those in the overcoat. The waistcoat was cut in front as if from below upwards. It was about 2 inches long and the shirt underneath had a cut corresponding with this cut. This cut fortunately did not penetrate to the skin. All the clothes were saturated with blood.
I dressed the wounds and as Mr. O'Mara was in a very nervous condition I ordered complete rest in bed. The wound on the left arm, the larger of the two, showed signs of extravasated blood on Thursday, February 3, and I removed two stitches to facilitate its getting out. A considerable quantity exuded and I applied a dressing. On Saturday, February 5, I removed all stitches and applied suitable dressings to protect the scars whilst knitting.
I attended Mr. O'Mara altogether for 4 weeks before I could safely allow him to resume his duties. He had gone through a nerve-wracking ordeal and had suffered considerable loss of blood. He suffered from shock and insomnia during the first couple of weeks, after which his convalescence was uneventful.
(Signed) M. S. Walsh.
Washington 8, D. C., March 15, 1944. ALLEGED STABBING OF MR. J. J. O'MARA, 31 UPPER DOMINICK STREET
Submitted please, at 12 midnight, January 27, 1944, a phone message received at detective branch, Dublin Castle, from Corporal Murphy, military police, to say that there were two American soldiers in the Midland Hotel, Upper Dominick Street, armed with revolvers.
Gardai immediately went to the hotel, but the soldiers had left before their arrival. The Gardai contacted Corporal Murphy, and searched the area, and subsequently found one of the American soldiers, William Nolan, alias Dale J. Carr, 21 years, at St. Mary's Place. He was disarmed and taken into custody.
Corporal Murphy informed the Gardai that a man had been stabbed earlier in the night, and was then in Jervis Street Hospital. Further inquiries_revealed that the man who had been stabbed was John J. O'Mara, 31 Upper Dominick Street, and when interviewed by the Gardai he stated that at about 12 midnight, January 27, 1944, when near his home, he was accosted by an unknown man who held him up with an open knife in his hand, and said "Hold, Have you any money?". The man, O'Mara stated, stabbed him several times in the left arm with the knife and he had to be surgically treated at Jervis Street Hospital.
Gardai also ascertained that another civilian had been held up by American soldiers in the vicinity the same night.
The full facts of the case were reported, and on instructions from the Department of Justice, Nolan, alias Carr, was deported to Northern Ireland on February 2, 1944. He was not charged with the offense mentioned above. The second American soldier was not arrested.
ALBERT E. Dawson, S/Sgt. 11559.
MAURICE J. SYMMS
JULY 7, 1949.-Committed to the Committee of the Whole House and ordered
to be printed
Mr. JENNINGS, from the Committee on the Judiciary, submitted the
[To accompany H. R. 1666)
The Committee on the Judiciary, to whom was referred the bill (H. R. 1666) for the relief of Maurice J. Symms, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass.
The purpose of the proposed legislation is to provide for the recognition of the services of Maurice J. Symms, New Orleans, La., as having been employed for 3 years by the Isthmian Canal Commission on the Isthmus of Panama during the construction period of the Panama Canal, from May 4, 1904, to March 31, 1914, inclusive. The said Maurice J. Symms was compelled to leave such employment after 2 years 11 months and 23 days because of illness.
STATEMENT OF FACTS
It appears that Mr. Symms served during the construction period for 2 years, 11 months, and 23 days, and does not now have annuity under act of May 29, 1944, which requires 3 years of such service. This bill would authorize the payment of annuity to Mr. Symms as an exception to the general provision of the act of May 29, 1944, by providing that in the administration of that act Mr. Symms shall be held and considered to have been employed for 3 years by the Isthmian Canal Commission on the Isthmus of Panama during the construction period of the Panama Canal, from May 4, 1904, to March 31, 1914, inclusive.
It would appear that in equity Mr. Symms would be entitled to the same consideration given Robert June whose construction service terminated after 2 years, 11 months, and 21 days on account of an injury sustained while in the performance of his duties, this bill being