The hurry.-We were doing mattress work. Around the 1st of October all the men were engaged in sinking the matt to the bottom of the river. On the following day mattress making was resumed and it was found out that there was not fitting room enough for the new matt, a short end of the river bank, already needed, was to be graded yet; and this grading was done next day, on 3d of October, in a hurry by many shovelers (including me) and some dynamite men, blasting away stumps of trees. Whisky. Superintendent Y. Gehui, who hurried us up, was always under the influence of liquor, and Gehui's bad example induced the dynamite men to drinking, too. When Gehui came to his home, in Memphis, not long after my accident, he got the delirium; was put into the insane asylum to sober up, and, when home again, drunk himself to dead-literally dead. He was a saloon keeper, and the way he died is well known in Memphis. I, myself, as a rule, drink no whisky at all, and for the rest I am known as strictly temperate. No foreman.-Our gang of shovelers was newly made up for that day and work only; all the men picked out from other gangs in the morning, and though we numbered between 30 and 40 men we got no foreman, but were simply put together with the dynamite gang. The accident.-In the early afternoon there were of all the stumps so much in the way only three left. The one stump was near the top of the bank, another one was down near the water in a deep hole, and the third between them. I did not see the upper stumps get loaded because there were too many men around; I saw only the lower stumps in the hole getting dynamite, because I had to work right there all by myself; and I believed this lower stump alone would be blasted, because at one time only one stump used to get blasted before. Hence, when warning was given, I moved off into safe distance as to that lower stump, but there I was not too far away from the upper stump. This stump, however, blasted, too, and a piece of it struck and hurt me. So I believe the men blasted the last three stumps at once. The reason was the hurry. The blasting of a stump interrupted and delayed the whole work, and the men had order to clear the place the sooner the better. The man in charge absent.-And strangely enough the foreman of the dynamiters, who used to do the shooting because in charge of the battery, he shall not have been there this time, and the shooting be done by an irresponsible man. Jim Shea, another foreman, has told me this repeatedly, and I myself, indeed, did not see the man in charge, either. The loss of the leg.-I was sent to Osceola, where the amputation was done, only because there was no proper accommodations for a man in my condition, as the doctor later often said. Did the officers send me right away to the marine hospital in Memphis I might have my leg still, for in that hospital cases have been cured just as bad or worse than mine without amputation. And the officers ought to and easily could have sent me there, because free medical attendance in that hospital was promised to us when hired, and because two Government boats were right at hand (the one having arranged the barges for the new mat). In five hours I could be brought to Memphis. But I had to lie there on the ground from about 2 p. m. till it grew dark, being sent then to Osceola, where the amputation was done after 10 p. m. That is after longer time than was needed to bring me to Memphis. And the transport on the boat, going softly down the river to Memphis, would have been much less painful for me than to lie on that common farm wagon, going over holes, roots, and rocks to Osceola. And here in Osceola, so far as I know, my bosses never looked after me, no matter how badly I was accommodated there, so that I am inclined to believe the bosses (officers) wanted me to die there and be forgotten. But the river commission, as I was told, began to protest, and ordered me over to the hospital one month after I got hurt and when I felt much weaker than before. Résumé of what was wrong.-It was wrong (1) to make a drinker, Gehui, superintendent of dynamite business; (2) to hurry up men working with and around dynamite; (3) that the man in charge was absent; (4) that too much whisky was allowed and used; (5) that our gang had no foreman (a foreman would have known the condition of the stumps and cared for his men); (6) to put shovelers and dynamiters together the most wrong of all. When all these six points of general care are neglected by the bosses a mere warning, then, is insufficient to prevent accidents; mistakes and confusion are rather inevitable, and the alleged carelessness on my side becomes the natural and necessary consequence of all the real carelessness on the Government side. What I am blamed for.-(A false, one-sided report to the Government.) Captain Roessler hired Gehui, the drinker, and is therefore guilty, too. So is also his assistant, A. Nolty, who had general control over the work and my case. And knowing their own share of guilt too well, both officers have tried to whitewash themselves by blaming me. They have said warning was given to me by the dynamiters twice; not heeded by me. That is wrong. The second warning has nothing to do with me, but with certain other men grading with the steam pump. These men refused to go away, doubtless because they, like me, did not know the other stumps were loaded too. But then other men, not the dynamiters, hallooed several times at the graders till they at last moved off, one of them stopping not far away from the stumps. All this happened before I stopped, the dynamiters themselves caring neither for me nor the graders. Nor did Gehui on that day ever blame a man for remaining too near the working place; he and his assistants rather always cursed us when we went too far away and returned so much the later to the work. Therefore several men, I too, never went far away on that day. But when "investigation" was made all the Irishmen and similar other men eagerly tried to save their friends Gehui and the dynamiters, which, of course, suited Roessler and Nolty, too. Therefore in the official report all the wrong points mentioned above were carefully omitted and all the warnings for the graders transposed to me. But none of the investigators ever asked me how it happened; none of them heeded the audi alteram partem. STATE OF LOUISIANA, Parish of Orleans: CHRISTIAN ARNDT. Witness my hand and seal this 3d day of May, 1898; and I certify that the contents of this affidavit were made known to the affiant before execution; that he is believed to be reputable and entitled to credit. I have no interest in this claim. This affiant is not known to me. He declares having written this statement himself, and makes oath to the truth thereof. LOUIS A. MARTINET, Notary Public. UNITED STATES ENGINEER OFFICE, SIR: In reply to your letter of the 31st ultimo, requesting me to state whether, at the time you received the injury to your leg, namely, in the month of October, 1891, you were working for the United States or for a contractor, I hereby certify that you were in the employ of the United States, on the work under my charge. Very respectfully, Mr. CHRIS. ARNDT, City. AUG. J. NOLTY, United States Assistant Engineer. NEIGHBOR'S AFFIDAVIT. STATE OF LOUISIANA, County of Orleans: On this 9th day of May, 1898, personally appeared before me, an officer authorized to administer oaths for general purposes within and for the county and State aforesaid, Michael Zinser, aged 48 years, occupation cigar maker, residing 917 Elysian Fields avenue, New Orleans, La., who, being sworn, declares, in relation to general character, as follows: That I have been acquainted with Christian Arndt for three months, and during that time have worked with him. I found him temperate, drinking only an occasional glass of beer; never intoxicated or subject to bad habits. I believe his general reputation for truth and veracity is very good. I have no interest in this claim. MICHAEL ZINSER. Witness my hand and seal this 9th day of May, 1898; and I certify that the contents of this affidavit were made known to the affiant before execution; that he is believed to be reputable and entitled to credit. I have no interest in this claim. [SEAL.] LOUIS A. MARTINET, STATE OF LOUISIANA, County of Orleans: On this 9th day of May, 1898, personally appeared before me, an officer authorized to administer oaths for general purposes within and for the county and State afore said, Fred Macke, aged 45 years, occupation cigar maker, residing Rosseau between Jackson and Josephine, N. O., who, being sworn, declares in relation to general character as follows: I have known this man, Christian Arndt, for about three months. He is a cigar maker. I have worked with him for the last three months. During this time I have observed that he does not use intoxicating liquors to any extent, drinking occasionally a glass of beer, never becoming intoxicated. His general character is good, and I judge that he is a man of honor, and believe that his veracity is good. I have no interest in this claim. FRED MACKE. Witness my hand and seal this 9th day of May, 1898; and I certify that the contents of this affidavit were made known to the affiant before execution; that he is believed to be reputable and entitled to credit. I have no interest in this claim. [SEAL.] LOUIS A. MARTINET, Notary Public. UNITED STATES SENATE, Washington, D. C., January 19, 1901. MY DEAR SENATOR: I desire to call your attention to the following points in reference to the bill (S. 2313) for the relief of Christian Arndt, now pending before the Senate Committee on Foreign Relations: The Chief of Engineers, Ü. S. A., in his report to the committee on this bill takes the position that the accident to Arndt was due to his own fault and negligence; but when said report and the papers accompanying it are carefully examined it will be seen that this conclusion of the Chief of Engineers rests entirely upon statements made by Assistant Engineer Nolty, who was a civilian engineer employed by the Government in charge of the work at the time that the accident occurred, in his two communications, one of date October 5, 1891, to Capt. S. W. Roessler, Corps of Engineers, and the other of date January 10, 1901, to Capt. E. E. Winslow, Corps of Engineers. In his report or letter of date October 5, 1891, to Captain Roessler, Assistant Engineer Nolty bases his conclusion that the accident was due to Arndt's negligence upon the statements of men who witnessed it. It does not appear that these statements were given under oath, nor how many of those present at the time of the accident were questioned or examined. According to Assistant Engineer Nolty the men who were examined by him stated that Arndt, when asked why he had not gotten farther away from the blast instead of going closer to it, admitted that he wanted to see the explosion. It nowhere appears in the report of the Chief of Engineers as to how long Arndt had been engaged on the work at the time that the accident occurred, but it does appear from the statements in Arndt's affidavit, giving a description of the force at work and of the manner in which the stumps were blown up, that he must have been engaged on the work for a considerable time before the accident occurred, and must have, therefore, been perfectly familiar with the method of blowing up the stumps. Hence it is highly improbable that he would have voluntarily exposed himself to danger so great, in order to see a thing with which he was already familiar. Assistant Engineer Nolty's letter of date January 10, 1901, gives no new facts, and is evidently based upon the report which he made about ten years before. Now, when the affidavit of Arndt is examined, it will be found that it was written by himself, and that it gives in his own language a very plain, simple, and credible explanation of how the accident occurred. To my mind it carries with it the impress of truthfulness. It will be seen further that the German ambassador, in his letter to the Secretary of State of date July 4, 1898, states that he has made a careful investigation of the case and can certify that the contents of the affidavit are truthful. In order that the bill may comply with the precedents on this subject I hand you herewith an amendment, which I suggest that your committee recommend, if it is favorably reported, as I hope it will be. I return herewith to you all of the papers bearing on this case. Very respectfully, Hon. H. C. LODGE, THO. B. TURLEY. Acting Chairman Senate Committee on Foreign Relations, Washington, D. C. OFFICE OF THE CHIEF OF ENGINEERS, SIR: I have to acknowledge the receipt of your letter of January 10, 1901, inclosing S. 2313, Fifty-sixth Congress, first session, for the relief of Christian Árndt. For a history of the case attention is invited to the accompanying copies of a report of Capt. (now Maj.) S. W. Roessler, Corps of Engineers, dated December 2, 1891, and the indorsements thereon; letters of Assistant Engineer Aug. J. Nolty to Captain Roessler, October 5, 1891, and Capt. E. E. Winslow, Corps of Engineers, on January 10, 1901, and, finally, to Captain Winslow's letter of January 11, 1901, reporting upon the proposed bill. The above papers constitute all the information in this office concerning the matter, and seem to show that the injuries to Mr. Arndt were due to his own carelessness in disregarding warnings and instructions. It is therefore suggested that the words "without his fault or negligence," in line 8 of the proposed bill, do not appear to represent the facts in the case. Very respectfully, JOHN M. WILSON, Brigadier-General, Chief of Engineers, U. S. Army. Hon. H. C. LODGE, United States Senate. UNITED STATES ENGINEER OFFICE, GENERAL: I have the honor to return herewith Senate bill No. 2313, Fifty-sixth Congress, first session, entitled "A bill for the relief of Christian Arndt," referred to me for report in Department letter of January 5, 1901 (37825). I inclose herewith a report of Aug. J. Nolty, assistant engineer, dated January 10, 1901, who was in charge of the works of improvement at the time the said Christian Arndt received his injury, which report gives in detail all the circumstances connected therewith. It is respectfully suggested that the bill be amended by striking out the words "without his fault or negligence," in line 8, as it appears that the injuries received by Arndt were caused directly through his own fault and negligence, and his disobedience of orders. I also inclose, as directed, letter of Maj. S. W. Roessler, dated December 2, 1891, returned to him by Department indorsement of December 8, 1891. Very respectfully, Brig. Gen. JOHN M. WILSON, Chief of Engineers U. S. A., Washington, D. C. E. EVELETH WINSLOW, Captain of Engineers. UNITED STATES ENGINEER OFFICE, SIR: On the evening of the 3d instant, while a large stump was being blasted, a laborer named Chris. Arndt was seriously injured by being struck by a flying chunk. The man's left leg was broken below the knee, his right thigh broken, and right kneecap completely shattered. This latter injury rendered amputation of the right leg necessary if the man's life was to be saved. The operation was performed on the evening of the accident, and so far the man is doing very well. From statements of the men who witnessed the accident the following facts were adduced, viz: That when the danger signal was given the man lingered, and when called to by the men to get farther away he simply replied that he could take care of himself, and instead of moving farther away the man actually came closer to the crest of the slope where he could see the blast off. When asked why he did not go get farther away, he admitted that he wanted to see the explosion. The blaster from the firing point did not have a full view of the field, but presumed that after the lapse of a certain period of time everybody was safe. The accident is to be regretted, but I can not see that any blame attaches to anyone connected with the work. Very respectfully, your obedient servant, Capt. S. W. ROESSLER, Corps of Engineers, U. S. A., Memphis, Tenn. AUG. J. NOLTY, UNITED STATES ENGINEER OFFICE, SIR: In compliance with instructions received from you through Chief Clerk Julius Lohman under date of the 8th instant, I have the honor to forward copy of a letter written by me to Capt. S. W. Roessler, Corps of Engineers, U. S. A., at the time of the accident to Chris. Arndt. I have but little to add to the statements contained in that letter, except to reaffirm most positively that Chris. Arndt suffered injury by neglecting to heed the warning given prior to firing the blast. In no case was a blast ever fired until the blaster had satisfied himself that no person was near enough to be injured, but after he once got behind his shelter it was impossible for him to see whether any man returned to the area of danger. The sole cause of the accident was the man's curiosity to see a blast go off. This prompted him to leave the place of safety to which he with other men had retired and to return, despite the warning cries of the men, to a place where he had a full view of the blast. The United States has already paid a heavy surgical bill for this man. Very respectfully, your obedient servant, Capt. E. EVELETH WINSLOW, AUG. J. NOLTY, Assistant Engineer. Corps of Engineers, U. S. A., Memphis, Tenn. UNITED STATES ENGINEER OFFICE, SIR: I have the honor to request authority to pay Drs. H. C. and J. H. Dunevant, of Osceola, Ark., the sum of $305 for professional services rendered by them to one Chris. Arndt, a laborer, who was injured October 3, 1891, while in the employ of the Government at Plum Point; to pay Robert Goetz the sum of $30 for one month's board and lodging to said Arndt and nurse, and to pay the sum of $5 for ambulance service from Fletchers Bend to Osceola and from Osceola to steamboat landing. From the report of the assistant engineer in charge, who examined the eyewitnesses to the accident, it appears that while a stump was being blasted near the foot of a grade bank said Arndt, deliberately disregarding the warnings which had been several times given him, approached close to the crest of the bank in order to see, as he stated, the effect of the blast, and was struck by a flying chunk, breaking his left leg under the knee, breaking right thigh, and completely shattering right kneecap. A thigh amputation of right leg was necessary to save life, and his removal to the marine hospital at Memphis being deemed unsafe, was conveyed to Osceola, Ark., and attended by the local physicians. The bill for surgical attendance is inclosed, and its payment, with that of the two other amounts above given, is urgently recommended as the only means by which the parties can be compensated. Very respectfully, your obedient servant, Brig. Gen. THOMAS L. CASEY, Chief of Engineers, U. S. A., Washington, D. C. [First indorsement.] S. W. ROESSLER, OFFICE CHIEF OF ENGINEERS, UNITED STATES ARMY, Respectfully returned to Captain Roessler. Payment of the sum of $5 for ambulance service is approved. December 8, 1891. There is no authority of law or regulation for payment for board of the injured man and his nurse. The bill of Dr. Dunavant for professional services seems excessive. [Second indorsement.] H. M. ADAMS, Major, Corps of Engineers. UNITED STATES ENGINEER OFFICE, Respectfully returned to Brig. Gen. T. Lincoln Casey, Chief of Engineers, United States Army, inclosing a new bill for surgical attendance amounting to $218, in lieu of the first one submitted, amounting to $305, which has been withdrawn. S. W. ROESSLER, |
