DEPARTMENT OF JUSTICE, Hon. AMBROSE J. KENNEDY, OFFICE OF THE ATTORNEY GENERAL, Chairman, Committee on Claims, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: I have your letter of August 26 requesting my views concerning the merits of the bill (H. R. 7991) to provide for the payment of compensation to Anna Mattil and 12 other persons for personal injuries caused by an explosion. On the morning of July 7, 1933, three prohibition agents raided a house at 297 Hague Street, Rochester, N. Y., in which a still was being illegally operated, and arrested one James Ferrari, the person apparently in charge. After opening all of the windows of the house to let out the fumes and extinguishing the fire under the boiler, two of the officers, with Ferrari in custody, drove away, leaving the third agent on the premises. The George M. Clancy Carting Co. of Rochester, which had a standing contract with the Bureau of Prohibition for dismantling stills, was notified and several of its employees arrived. A number of bystanders gathered in front of the house. The agent in charge states that he directed them to leave but that they merely moved a short distance away, congregated on the adjoining property and refused to leave in spite of repeated requests to that effect. Shortly thereafter an explosion occurred, enveloping a number of the bystanders in flames, one of whom, Albert Thesing, Jr., a child of 4 years of age, was fatally burned. Compensation to the parents of Albert Thesing, Jr., in the sum of $2,500, was authorized by a private act of Congress (act of May 15, 1936; 49 Stat. 2298). The cause of the explosion has not been established. It apparently has been suggested that the fire under the still boiler may not have been completely extinguished before the work of dismantling was commenced. This assertion, however, is not substantiated. Moreover, it does not appear that the prohibition agent present or the workmen dismantling the still were guilty of any negligence. Of the 14 persons burned as a result of the explosion, 8 were adults and 6 were children, 1 of the latter, the Thesing boy, being fatally injured as stated above. Immediately following the explosion, the injured persons were taken to St. Mary's Hospital, Rochester, and treated by Dr. W. S. Hartigan. I am informed that copies of Dr. Hartigan's report were submitted to the Treasury Department, which may also have other pertinent information relative to these claims. Sincerely yours, MEMORANDUM FOR THE ASSISTANT TO THE ATTORNEY GENERAL Consideration has been given to the provisions of H. R. 9174, for the relief of the parents of Albert Thesing, which was referred, under date of April 18, to this Department for a report thereon from the Committee on Claims, House of Representatives. This bill proposes to authorize the Secretary of the Treasury to pay to the parents of Albert Thesing, of Rochester, N. Y., the sum of $5,000 in settlement of all claims against the Government for the death of the said Albert Thesing, resulting from an explosion during the dismantling of a still during a raid in the city of Rochester. The files of this Department show that on the morning of July 7, 1933, prohibition investigators B. C. Newton, J. H. Christner, and J. J. Malley, acting on instructions from their superior officer, found a still in operation at 297 Hague Street, and arrested the attendant, Michael Serefino, of 813 Jay Street, Rochester, N. Y. Two of the investigators took the prisoner before the United States Commissioner, while the remaining investigator notified the George M. Clancy Carting Co., holders of Government contract for this type of work, to dismantle the still. The contractor arrived in a few minutes with five experienced men, all of whom testified that they had dismantled many stills under similar circumstances. They proceeded in the usual manner by opening all windows of the building, making sure all fires were out, draining the still, and flushing the same with water. Ă crowd of curious persons congregated, but no one was permitted on the premises except the Government officers and the employees of the contractor. Members of the crowd were repeatedly warned by the Government officers and the employees of the contractor to move back and refrain from smoking. To such warnings they paid scant attention. About 20 minutes after the workmen began the dismantling of the still, an explosion took place, blowing one of the Government officers through a window. None of the persons within the building were burned, but the spectators in the adjoining yard, some 10 or 12 feet distant, seem to have been enveloped in flame, which resulted in serious burns to many, and the resultant death of the Thesing child. Several investigations were made at the time, both by Federal and city authorities, in an effort to determine the origin and responsibility for the explosion, but the cause of same remains a mystery. Evidence of any negligence on the part of the Government officers or of the contractors employed by them is entirely lacking. The records show that every precaution usual to such undertakings was taken in this case. Respectfully, A. R. COZIER, Attorney. ANNA MATTIL STATE OF NEW YORK, County of Monroe, City of Rochester, ss: I, Anna Mattil, being duly sworn, depose and say, that I reside at No. 313 Hague Street, in the city of Rochester, N. Y. I am now 29 years of age and I was 25 years of age at the time of the accident. I was one of the persons who was burned by the explosion of the still located in a house No. 297 Hague Street on the 7th day of July 1933, while said still was being dismantled by the United States prohibition agents. That at the time of the explosion I was standing in the yard of the premises, No. 303 Hague Street. As a result of said explosion I received burns on both sides of my face and chin, and which has resulted in permanent scarring; the front of my neck and the upper part of my chest are almost entirely scarred; that my left arm and hand, from my shoulder to the tips of my fingers are entirely scarred; that both of my lower legs, their entire lengths, are scarred; that I sustained a severe shock to my nerves and my nerves have not functioned properly since. That as a result of said explosion I received an injury to my eyes and as a result it is necessary for me to wear glasses; that my ears were burned badly and have been bothering me since and as a result I am partially deaf. I verily believe that my scars and injuries and physical impairment are permanent. At the time of the accident I was employed as an inspector by the Huffine & Clark Shoe Factory and was earning approximately the sum of $25 per week, and as a result of said accident and the injuries sustained by me I was out of work for approximately 4 months. I was in the St. Mary's Hospital from July 7 to July 25, 1933, and my hospital bill was $55.50. I desire to make a claim against the United States Government for the sum of $20,000. Sworn to before me this 25th day of May 1937. STATE OF NEW YORK, County of Monroe, city of Rochester, 88: ANNA MATTIL. EUNICE R. LOUDON, Marie Reger being duly sworn deposes and says that she resides at 28 Glasser Street, in the city of Rochester, N. Y. That deponent was forelady in the fitting room at the shoe factory of Huffine & Clark located on Centennial Street, in the city of Rochester, N. Y., at the time of the so-called Hague Street explosion, when a still, which was being dismantled by the Federal prohibition agents, exploded and injured a large number of persons. That Anna Mattil, who resided at 313 Hague Street, was an employee of said shoe factory and was working in my department at the time of the accident; to my knowledge she lost fully 2 months' work in the factory and that at the expiration of that time the factory closed and when she was able to return to work, secured employment elsewhere. I am informed, however, that she lost fully months' work by reason of her accident. Sworn to before me this 16th day of October 1937. MARIE REGER. EUNICE R. LANDON, ROCHESTER, N. Y., February 11, 1938. DEAR SIR: At your request Miss Anna M. Mattil of Hague Street called at my office for an examination. She gives a history of having been in an explosion on July 7, 1933. She is a very nervous girl, áge 30, height 5 feet 6 inches, weight 100 pounds. Eyes: Pupils are equal and react to light and accommodation. Nose: The nasal fossae are normal. Throat: Tonsils have been removed. Teeth: Condition good. Ears: Left ear does not hear watch tick except on contact. Right ear hears watch tick at 2 inches. The external examination of both ears shows no evidence of any abnormality. Face: There are multiple small scars covering the forehead, left cheek, nose, chin, and one three-fourths by 6 inches from right ear to sterno-clavicular joint; also, front of neck and upper left chest 2 by 8 inches. Extremities (shoulder to hand): There are various sized scars on the outer surface of the left arm and on the inner side of the right arm, also on the dorsal surface of both hands. There is a scar showing keloid formation about 1 inch in diameter on the left elbow. There are multiple scars covering about three-fourths of the skin surface of both legs. Heart: The rate and rhythm are normal. No normal murmurs audible. Lungs: Normal on auscultation and percussion. Abdomen: Negative. Very truly yours, STATEMENT W. T. FULKERSON. AUGUST 27, 1937. Miss Anna Mattil, 313 Hague Street, Rochester, N. Y., to St. Mary's Hospital, debtor. I, Mildred Reed, being duly sworn, depose and say: That I now reside at No. 8 Ross Street, in the village of Coldwater, N. Y. That at the time of the explosion I resided at No. 292 Hague Street, in the city of Rochester, N. Y. Í am now 51 years of age. That I was one of the persons who was burned by the explosion of the still located in a house No. 297 Hague Street, in the city of Rochester, N. Y., on the 7th day of July 1933, while said still was being dismantled by United States prohibition agents. That at the time of the explosion I was standing in the yard of the premises No. 303 Hague Street. That as a result of said explosion I received burns on my face and arms, eyes and ears. That I have a slight permanent scar on my forehead; that I have permanent disability in both of my hands and at times I am unable to grasp objects; that I received a severe shock to my nervous system and am still suffering from the same; that my eyes have been bothering me since the accident; that I do not hear as well as a result of the injury to my ears. H. Repts., 79–1, vol. 1- -47 That at the time of the accident I was performing the duties incident to that of a housewife and for several weeks after the accident I was unable to perform any of said duties; that I am still incapacitated and cannot perform all of said duties. I was in the St. Mary's Hospital from July 7 to July 26, 1933, and my hospital bill was approximately $50, which is still unpaid. I desire to file a claim against the United States Government for the sum of $10,000. Sworn to before me this 29th day of, May 1937. MILDRED REED. EUNICE R. LONDON, J. WILLIAM QUINLAN, M. D., Mr. CHARLES BECHTOLD. DEAR SIR: The following is the report of the examination of Mrs. Mildred Reed of Brockport, seen on February 16, 1938. Mrs. Reed was burned about face, arms, and hands, scar present on dorsal side of left arm, 13 inches long and 5 inches wide at its widest point. Dorsum of left hand scarred. The scars on the dorsal side of the right arm and hand were practically of the same dimensions. Patient had a fair grip in both hands, although she states that she rates weakness on gripping objects. She is able to bend both elbows and wrists; no scars were visible on her face and she was referred to Dr. Raymond Elliott for examination for corneal scars. Patient had no symptoms of chronic renal infection. Pulse was 81 B P 130/90. Dizziness has been a prominent symptom of late, also dyspnea on exertion. Patient states that since accident she has been unable to do fine needlework due to loss of some tactile sense in fingers. She notes, too, that objects drop from her hands at times. Urinanalysis was done which showed normal specific gravity, faint trace of albumin, small trace of sugar and no casts. This requires further investigation, especially as regards the sugar. Hoping this report is satisfactory, I remain, Sincerely, БТАТЕМENT J. W. QUINLAN. AUGUST 27, 1937. Mrs. Mildred Reed, 292 Hague Street, Rochester, N. Y., to St. Mary's Hospital, debtor: I, John A. Mattil, being duly sworn, depose and say that I reside at No. 813 Hague Street, in the city of Rochester, N. Y. That I am now 23 years of age. That I was one of the persons who was burned by the explosion of the still located in a house No. 297 Hague Street, in the city of Rochester, N. Y., on the 7th day of July 1933, while said still was being dismantled by United States prohibition agents. That at the time of the explosion I was standing in the yard of the premises No. 303 Hague Street. That as a result of said explosion, I received burns on both of my hands and arms and also on my face. That I have a permanent scar on the right side of my cheek which is more noticeable in cold weather and when I shave. That I have permanent scars on my right hand and forearm. I desire to file a claim against the United States Government for the sum of $4,000. Sworn to before me this 29th day of May 1937. JOHN A. MATTIL EUNICE R. LONDON, ROCHESTER, N. Y., February 14, 1938. Examination of Mr. John A. Mattil, who gives a history of being burned in an explosion on July 7, 1933, reveals the following: Face: A moderate amount of acne vulgaris. Patches of multiple scars over right temporal area; center of forehead at hair line; left malar eminence. Eyes: Pupils equal and react to light and accommodation. Tonsils: Small; not infected. Teeth: Good condition. Thyroid: Not enlarged. Ears: Normal on inspection. Hears watch tick at 14 inches. Abdomen: Not remarkable. Extremities: Irregular scar on dorsal surface of right wrist (2 by 2 inches).Irregular scar on ulnar surface of right forearm 3 by 1⁄2 inches. Irregular scar on ulnar surface of left forearm by 3 inches. Age, 24; height 5 feet 101⁄2 inches; weight, 165 pounds. STATEMENT W. T. FULKERSON. AUGUST 27, 1937. John Mattil, Jr., 313 Hague St., Rochester, N. Y., to St. Mary's Hospital, debtor. I, John H. Mattil, Sr., being duly sworn, depose and say that I reside at No. 313 Hague Street, in the city of Rochester, N. Y. That I am now 54 years of age. That I was one of the persons who was burned by the cxplosion of the still located in a house No. 297 Hague Street, in the city of Rochester, N. Y., on the 7th day of July 1933, while said still was being dismantled by United States prohibition agents. That at the time of the explosion I was standing in the yard of the premises No. 303 Hague Street. That as a result of said explosion, I received burns on my .ace, neck, arms, and hands. That these burns have made my face, arms, and neck extremely tender and causes me a great deal of pain and inconvenience when shaving. It also annoys me greatly in cold weather. That I also received a severe shock to my nerves. That I went to St. Mary's Hospital daily, from the 7th day of July to the 21st day of July 1933, for treatments. I desire to file a claim against the United States Government for the sum of $1,500. Sworn to before me this 25th day of May 1937. JOHN H. MATTIL, Sr. EUNICE R. LONDON, Re: John H. Mattil, 318 Hague Street. Mr. CHARLES B. BECHTold, ROCHESTER, N. Y., February 15, 1938. Attorney, 903 Union Trust Building, City. DEAR SIR: On July 7, 1933, the above-named was watching Federal agents dismantle a still at 297 Hague Street. In the course of tearing down the still, it was struck by an ax, causing an explosion of the alcohol, which was blown out through the cellar windows. Mr. Mattil was sprayed with the fluid, burning his hands and face. He went to the out-patient department of St. Mary's Hospital, where he received first aid, and received daily dressings on his hands for 3 weeks. |