United States Congressional Serial Set

in carelessly handling a loaded rifle, Mrs. McLaughlin should be reasonably compensated for her husband's death and the expenses incident to his burial. The Department recommends the payment of $5,500 ($5,000 for the death of Dr. McLaughlin, and $500 for funeral expenses). Therefore, your committee concurs in the recommendation of the War Department and recommends that the bill be favorably reported, as amended.

Appended hereto is the report of the War Department, together with other pertinent evidence.

APRIL 4, 1944.

Hon. DAN R. McGEHEE,

Chairman, Committee on Claims,

House of Representatives.

DEAR MR. MCGEHEE: The War Department is opposed to the enactment of H. R. 2333, Seventy-eighth Congress, in its present form. This bill would authorize and direct the Secretary of the Treasury to pay the sum of $10,000 to Mrs. Samuel M. McLaughlin, of Peoria, Ill., for the death of her husband, Dr. Samuel M. McLaughlin, as a result of his accidental shooting by an Army sentry in Santa Monica, Calif., on January 18, 1942. The Department, however, would not oppose the enactment of the bill if it should be so amended as to provide for the payment to Mrs. McLaughlin of the sum of $5,500.

On January 18, 1942, at about 4:30 p. m., as Dr. Samuel M. McLaughlin, was driving his automobile southwest on Twenty-first Street, in Santa Monica, Calif., he was instantly killed as the result of the accidental discharge of an Army rifle by an enlisted man who was on guard duty at a sentry post at the corner of Twenty-first and Oak Streets. After Dr. McLaughlin was shot his car continued for a short distance along Twenty-first Street and crashed into the rear of a parked It appears that the accidental firing of the rifle occurred while the sentry was making a routine inspection thereof after relieving another sentry.

car.

In explanation of the accident, the sentry on December 22, 1942, made the following statement:

"I opened the bolt to check and see what ammunition I had in the rifle. When I closed the bolt I must have accidentally got a round of ammunition in the chamber. After I closed the bolt, I snapped the trigger and the gun fired. The bullet struck the car that I later learned was driven by Dr. Samuel M. McLaughlin. "The driver of the car slumped and the car crashed into a parked car. I went over to the car and opened the door and saw that the bullet had hit the driver and that he appeared to be dead."

The sentry was tried by a general court martial at Inglewood, Calif., on January 30, 1942, on a charge of violation of the ninety-second article of war, under the following specification:

"In that Pvt. * * * did * ** with malice aforethought, willfully, deliberately, feloniously, unlawfully, and with premeditation, kill one Samuel Matthew McLaughlin, a human being, by shooting him with a rifle."

At the conclusion of the trial the sentry was acquitted by the court. The records of the War Department show that Dr. McLaughlin was 68 years and 6 months of age at the time of his death; that he left surviving his wife, Mrs. Iva McLaughlin, age about 66 years, and two married daughters, namely, Mrs. Frederick E. Warnecke, age 40 years, and Mrs. Franklin W. Pocklington, age 31 years; and that no person other than his wife was dependent upon him for support.

It appears that the following expenses were incurred as a result of the death of Dr. McLaughlin:

Moeller & Sons, funeral directors, 1238 Montana Ave., Santa Monica,
Calif....

$400

Transportation of remains of Dr. McLaughlin to his former home in Illinois (approximate)

Railroad fare for Mrs. McLaughlin and her daughter to Illinois..
Incidental burial expenses at Peoria, Ill...

Total___

Less amount paid by Veterans' Administration toward funeral expenses by reason of Dr. McLaughlin's military service during the First World War (first lieutenant, Medical Corps)

Total...

$100

500

Capt. Charles E. Page, Infantry, United States Army recreational camp, Santa Monica, Calif., who made an investigation of this accident, in a statement dated February 18, 1944, said:

"Mrs. Samuel M. McLaughlin was interviewed February 17, 1944, at her home, 2708 Third Street, Santa Monica, Calif., and gave following answers to questions * *

"(a) Dr. Samuel M. McLaughlin and Mrs. McLaughlin were residing together as husband and wife at the time of his death and legal residence was 2708 Third Street, Santa Monica, Calif.

"(b) Dr. Samuel M. McLaughlin was supporting his legal wife, Iva (Mrs. Samuel M. McLaughlin), at the time of his death.

"(c) Iva McLaughlin (Mrs. Samuel M. McLaughlin) was dependent upon Dr. Samuel M. McLaughlin for support.

"(d) Dr. Samuel M. McLaughlin carried no insurance on his life.

(e) Iva (Mrs. Samuel M. McLaughlin) states that she has not nor is now receiving any workman's compensation benefits from any source as the result of the death of Dr. McLaughlin. Mrs. McLaughlin volunteered the statement that the only moneys received directly or indirectly by her was $100 burial allowance paid by the Director, Dependent Claims, Veterans' Administration, directed to undertaker, Moeller & Sons, funeral directors, Santa Monica, Calif., due to the fact that Dr. McLaughlin was an honorably discharged veteran of World War I, having served as a first lieutenant, Medical Corps.'

As the evidence clearly establishes that the accident and resulting death of Dr. McLaughlin were due solely to the negligence of a sentry in carelessly handling a loaded rifle, it is the view of the War Department that Mrs. McLaughlin should be reasonably compensated for her husband's death and the expenses incident to his burial. Under the circumstances the amount stated in the bill, $10.000, appears to be excessive, but the Department would not oppose the enactment of the bill if it should be so amended as to authorize the payment to Mrs. McLaughlin of the sum of $5,500 ($5,000 for the death of Dr. McLaughlin and $500 for expenses incident to his funeral).

The fiscal effect of the bill is manifest.

The Bureau of the Budget advises that there is no objection to the submission of this report.

Sincerely yours,

HENRY L. STIMSON,
Secretary of War.

PEORIA, ILL., April 19, 1943.

DEAR SIR: Thank you for sending copies of the bill you introduced in Congress for me, on account of the death of my husband. You asked me to prepare a factual statement of my husband's life. I am sending an article from the Minier News, which sets forth the facts, perhaps more concisely than I could do, but I will add that the accident occurred in an unrestricted district. Barriers closed the streets closer to the Douglas plant at that time.

I am sending the receipted bills of funeral expenses, both from Santa Monica, Calif., and Minier, Ill. The Santa Monica mortician informed me that $100 would be allowed on an ex-service man's funeral by the Government. I gave him the doctor's honorable discharge to obtain same, and he returned it to me so I presume it was paid. As to a lawyer's fee, there is none as I came immediately to you for assistance. A considerable Government loan on the farm is the only thing against me financially.

Please address me in future to 2439 Ashland Avenue, Evanston, Ill., in care of my daughter, Mrs. Fredric E. Warnecke, as my daughter in Peoria has rented her home for the duration and expects to join her husband, Lt. (Jr. Gr.) Franklin W. Pocklington soon.

Thanking you sincerely for your assistance.

Mrs. S. M. McLaughlin.

DR. S. M. MCLAUGHLIN DIES IN ACCIDENTAL SHOOTING

Minier relatives and friends of Dr. S. M. McLaughiin were shocked to receive a message telling of his death by accidental shooting Sunday. Dr. McLaughlin was driving his automobile some distance from the Douglas aircraft plant at Santa Monica, Calif., just as the guard was being changed at the plane plant. The gun of one of the Army sentries was discharged accidentally.

FUNERAL AND BURIAL IN MINIER SATURDAY

The body will be brought to Minier for burial in the family lot in the Minier Cemetery The body is to arrive Friday in Minier from Ocean Park, Calif., early in the afternoon, after which friends may call at the funeral home. Services will be held Saturday at 2 p. m. at the McReynolds Funeral Home with the Rev. L. Hadaway, of Abington, former pastor of the Minier Christian church officiating.

BIOGRAPHICAL

Dr. McLaughlin was born June 12, 1873, at Sparland. He began the practice of medicine in Minier in 1899 and thereafter spent more than 25 years in this vicinity.

In 1901 he was married to Miss Iva Quigg, who survives with two daughters, Virginia (Mrs. Frederic E. Warnecke), of Evanston; and Loretta (Mrs. Frank Pocklington), of Peoria. There are three grandchildren, Beverly and Bruce Warnecke and Carol Pocklington.

Dr. McLaughlin left Minier in 1925 and for a number of years practiced medicine in Paxton and later in Cornell, IH. In 1935 Dr. and Mrs. McLaughlin removed to California for the benefit of his health.

He served in the United States Ariny Medical Corps during the World War and was a member of the American Legion

In early years, Dr. McLaughlin was active in Masonic circles being a member of the Minier Lodge, Bloomington Consistory, and the Shrine in Peoria.

When a young man he was baptized in the Baptist Church, later becoming a member of the Christian Church in Minier

FROM THE SANTA MONICA OUTLOOK

The following item concerning Dr. McLaughlin's death is from the Santa Monica (Calif.) Outlook of Monday, January 19.

Dr. Samuel Matthew McLaughlin, 68-year-old retired physician, yesterday was killed instantly when a shot fired accidentally by an Army sentry passed through his car as he was driving past Twenty-first and Oak Streets.

Military authorities he.d Pvt. Gene Morgan, 21, pending an investigation of the case but police said the soldier explained that he was examining his rifle, held across his knees, just after going on duty Morgan explained that the weapon was accidentally discharged and that he saw the bullet strike the back of Dr. McLaughlin's car.

The machine ran on out of control, striking the rear of another car occupied by Mr. and Mrs. Howard A. Manes, Wilmington. Police who investigated said the rifle bullet passed through the back of the car, through two cushions and struck the physician just above the heart, emerging through the windshield of the vehicle.

Army officers said that Morgan is married and has been in the Army tor 17 months, his home being in Springfield, Mo.

Dr. McLaughlin until 6 years ago was a practicing physician in Minier, Ill., retiring at that time to come to Santa Monica with his wife, Iva, to spend their remaining years. He was the owner of a small apartment house at 2807 Oak Street, where he had been interviewing prospective tenants just before the time of the accident.

MOELLER & SONS MORTUARY,
Santa Monica, Calif., January 20, 1942.

In account with Mrs. Iva McLaughlin, for funeral expenses for Dr. Samuel M.