IMPORTATION OF FEED WHEAT WEDNESDAY, OCTOBER 14, 1953 UNITED STATES SENATE, SUBCOMMITTEE OF THE COMMITTEE ON AGRICULTURE AND FORESTRY, Galveston, Tex. The subcommittee met, pursuant to adjournment, at 9 a. m., in the United States district courtoom, United States Post Office Building, Galveston, Tex., Senator Edward J. Thye of Minnesota, presiding. Present: Senators Thye (chairman), Young, and Ellender. The CHAIRMAN. If the assembly will please come to order, we will proceed with our hearing. The first person from whom we are going to receive a statement will be Dr. McLarty, and he is going to give us a report concerning Mr. Sweeney. Doctor, you may just be seated in that chair. (The witness was sworn by the chairman.) TESTIMONY OF DR. E. SINKS MCLARTY, GALVESTON, TEX. The CHAIRMAN. Doctor, state for the record your first name, and you possibly will have to spell that name for us. Dr. McLARTY. E. Sinks, S-i-n-k-s, McLarty, M-c-L-a-r-t-y. The CHAIRMAN. And you wish to testify as to the physical condition of Mr. O. J. Sweeney? Dr. McLARTY. D. J. Sweeney, David J. Sweeney. The CHAIRMAN. Is that J. or G.? Dr. McLARTY. J. The CHAIRMAN. David J. Sweeney? Dr. McLARTY. Yes. The CHAIRMAN. And he is assistant to the general manager of elevator B, Galveston Wharves, of Galveston, Tex.? Dr. McLARTY. Yes, sir. The CHAIRMAN. And he is a patient of yours? Dr. McLARTY. Yes, sir. The CHAIRMAN. And you think he is not in a physical condition that would permit him to appear before this public hearing? Dr. McLARTY. That is correct. The CHAIRMAN. And we, as a committee, should have information from him. Do you think it would be of physical injury to him were the committee to go to his bedside or to his home and obtain testimony from him? Dr. McLARTY. Yes, sir; I think it would be detrimental. Now, he is in a convalsecent stage now. He had what has been slightly called a nervous breakdown. I have know Dave for many years, when he was in high school. And Dave is a particularly tense The CHAIRMAN. How old a gentleman is he? Dr. McLARTY. I don't know his exact age. But due to this tenseness, he has developed what we call pathological depression, from which he is convalescing now. But any stress or strain or emotional upset would be a deterring factor and he would be thrown right back. The CHAIRMAN. Supposing he wanted to get something off his mind that was disturbing him, and he asked to make statement to the committee. If he made that request to the committee, then it might be a mental relief to him to have it off his mind; wouldn't it? Dr. McLARTY. Yes, that could be true. But I frankly do not believe that he should be subjected to any stress or strain at the moment. The CHAIRMAN. If he asked of the committee that he be privileged to make his statement, then the committee would be doing him and you, as his medical doctor, a favor by permitting him to get something off his mind that might be greatly disturbing him. Dr. McLARTY. That is true; yes. The CHAIRMAN. And if he asked that he might make a statement, then you as his medical adviser might consider it would be a relief to him to make a statement and get his mind set at ease over something that he may be greatly worried about? Dr. McLARTY. Anything that would help a patient, of course, the doctor is willing to go along on. The CHAIRMAN. Well, then, if he asked the committee if he might be privileged to make a statement on the record, then of course the committee would be perfectly justified in going to his bedside? Dr. McLARTY. Senator, you have this to consider. In anyone that has been ill, is functionally sick-in other words, just for example, if a fellow has typhoid fever or a toxic disorder or any sort of illness, it affects their judgment and it affects their statements, because they are sick. As far as I am concerned, if Dave were to want to testify, I'll go with him. The CHAIRMAN. You would go with him? Dr. McLARTY. Yes, sir. The CHAIRMAN. You mean as his doctor? Dr. McLARTY. I would concede the point. The CHAIRMAN. Yes. Dr. McLARTY. But I don't think any stress or strain at the present moment would be very beneficial. The CHAIRMAN. Well, thank you, Doctor. Senator ELLENDER. How long has he been ill, Doctor? Dr. McLARTY. He has been ill for several months. Senator ELLENDER. Can't you be more specific? Dr. McLARTY. Well, since last fall, it's been very near a year; he has been tense, tight, couldn't sleep, and then his judgment got off in regard to himself. He thought he had a heart attack, and that is the way I got him in the hospital in July. And all of his thoughts about himself were distorted, like you have in these sort of things, in these sort of illnesses. When a man's judgment gets to that point about himself, his functions are just off. Senator ELLENDER. Has he been confined? - Dr. McLARTY. We had him in the hospital; we put him in there somewhere around the middle of July. I don't remember the exact date. And he was in such a confused state about himself and so apprehensive about himself that we resorted to shock treatments. But he is convalescing beautifully now and will be perfectly normal; but we have to watch and see how he gets along. Senator ELLENDER. How long do you expect his present condition to continue? Dr. McLARTY. I don't think anyone can honestly answer that. I think you have to watch a thing develop and see how it comes along. Certainly, he will make a complete recovery. He is doing very nicely now, and I don't want to imply in any form or fashion that he is mentally incompetent. Medically, I would say he is mentally competent, but legally, I don't know whether he is mentally competent right now or not. The CHAIRMAN. Any questions, Senator Young? Senator YOUNG. If he should make a request of the committee to come down there to hear something he had to say, would you advise against it? Dr. McLARTY. I would certainly advise against it, because I don't think it would be right and just to him as a patient right now. Because any stress and strain-I have had consultations on him; I have had Dr. Towler, who is a psychiatrist as well as professor of the school, and I have an affidavit from Dr. Towler, because we evaluated this very carefully because we considered the advisability or inadvisability of him appearing; and this is not just my opinion, but Dr. Towler's opinion. I have an affidavit in my pocket from him, that if you care I will read it. Senator YOUNG. I think you should. The CHAIRMAN. I think it will be well to have that in the record. Dr. McLARTY (reading): To Whom It May Concern: This is to certify that I saw Mr. David J. Sweeney at St. Mary's Infirmary on July 26, 1953, in consultation with Dr. E. S. McLarty. Mr. Sweeney was found to be suffering from a very profound state of nervous tension, depression, and exhaustion and a clinical diagnosis of pathologic depression was established.' Mr. Sweeney remained on in St. Mary's Infirmary under our care and treatment until August 22, 1953, and at the present time is still under convalescent care and management. I have urgently advised Mr. Sweeney against attempting to resume any of his former work and responsibilities as well as to avoid subjecting himself to any type of stressful situation. Although Mr. Sweeney's condition is decidedly improved at this time his condition is still such that stress gives rise to a disturbance in his feelings, in his sleep, and his judgment. That is an affidavit of Dr. Towler, dated October 8, 1953, and he has since seen him. And then, here is an affidavit that I prepared that you can just put in your record. This is substantially what I have said already. (The document referred to above is as follows:) Re: Mr. David J. Sweeney. MCLARTY CLINIC, Galveston, Tex., October 9, 1953. For the past 9 months the above party has been under constant medical care. In July 1953 it was found necessary to hospitalize this man. In our opinion he had a pathological depression and we felt that he needed shock treatments. We, therefore, called in Dr. M. L. Towler for consultation who concurred in this diagnosis and instituted treatment. In our opinion it would not only be detrimental to his health to be subjected to stress and/or strain such as would occur at the Senate investigation, but might precipitate permanent and total disability. We, therefore, request that this man be excused from the hearing. E. SINKS MCLARTY, M. D. Before me, the undersigned authority, on this day personally appeared the above named E. Sinks McLarty, M. D., and William A. Wilson III, M. D., who upon oath deposes and says that the above statements are true and correct to the best of their knowledge and belief. [SEAL] Date: October 9, 1953. GLADYS M. FARRIS, Notary Public in and for Galveston, County, Tex. The CHAIRMAN. Any questions? Senator YOUNG. A moment ago, Doctor, if I got your answer correctly, you stated that if Mr. Sweeney made this request, this request that someone come down there so he could testify, you seemed to indicate that might be all right. Dr. McLARTY. Well, I indicated I would go with it, but I still would be opposed, because after all, I don't want to go against my patient. But I still feel that way; we should leave Dave alone for a little while and let him come along and improve, and I will be very glad if you all will designate as soon as I think it is safe for him to testify in any form or fashion, I will be glad to let you know; you can send a Member down, get your court reporter, get a deposition or whatever you want. But now is not the time. The CHAIRMAN. But, Doctor, he has sent word to the committee he would like to testify; and if he did that, he may want to get something off his mind that is highly disturbing. Dr. McLARTY. Senator, I saw Mr. Sweeney this morning, and I asked him pointblank, "Dave, do you want to go testify?" "Well, he said, "do you think I can?" I said, "I would advise against it." And he said, "Well, no," he said, "I can testify later, can't I?" I said, "Surely you can. It is just a matter of giving yourself time where your judgment, your feelings, and your emotions are in check to where you will stabilize." He said, "Well, that is what I want to do, later." That was not more than an hour ago. Mr. GUINANE. Doctor, did you ask him whether he desired to have one Senator come out there and interview him and give a statement? Dr. McLARTY. I brought that up, and asked him about that. But frankly, I think it would be detrimental, even that; I brought it up, because after all, I want to do what is right. Mr. GUINANE. My question was: Did you ask him about that, and what did he say? Dr. McLARTY. At first, I went to see him last night and he was in favor of that. And this morning, he wasn't. Now, Dave didn't sleep well last night. We gave him enough medicine that would suffice for 3 or 4 of you gentlemen. And that shows the emotional tension he is under, and this is not just today, not on account of the investigation. This has been going on for quite a while. He is so tense an individual that several years ago Mr. GUINANE. What did he say when you asked him whether he wanted to give a statement out at his home today? Dr. McLARTY. He didn't think that he could, this morning. Mr. GUINANE. He told you that this morning? Dr. McLARTY. Now, last night, he was in favor of it. The CHAIRMAN. Yes. developed gastric ulcers ago. He is that type. He is coming along all Dr. McLARTY. But Dave is such a tense individual that he even and had a profuse hemorrhage several years But we have him pretty well under control. right, and I will be very glad, I will repeat, as soon as we think it feasible, not only my opinion, but I will get special opinion for you and let you know, and you can get your deposition. But I don't think now is the time. The CHAIRMAN. Any further questions? Thank you, Doctor. Mr. Cannon, will you return to the stand, please. TESTIMONY OF LESTER J. CANNON, GENERAL FOREMAN, ELEVATOR B, GALVESTON WHARVES, GALVESTON, TEX.-Resumed The CHAIRMAN. Mr. Guinane, you may proceed with the questioning of the witness. Mr. GUINANE. Mr. Cannon, it is your responsibility, or was, during 1951 and 1952, to arrange the mix that went on various vessels as you received instructions to load vessels of a certain grade; is that right? Mr. CANNON. I was working under orders of the foreman, general foreman, and I was still The CHAIRMAN. Can you speak just a little louder, because it's difficult for everyone to hear you, Mr. Cannon. So, speak just a little louder, please. Mr. CANNON. All right, sir. Mr. GUINANE. Who was the general foreman at that time? Mr. CANNON. Mr. Hines. Mr. GUINANE. When did Mr. Hines leave and when did you take over as general foreman? Mr. CANNON. In 1952. Mr. CANNON. Yes, sir. Mr. GUINANE. Did Mr. Hines give you any special instructions with reference to loading or getting rid of this damaged wheat, this Sample grade Dark Northern Spring wheat? Mr. CANNON. Well, if my recollection is correct, I don't remember any being in the elevator in 1950. Mr. GUINANE. Now, after that stuff arrived at the elevator, did you receive any special instructions from anyone as to mixing that wheat? Mr. CANNON. I was told to get rid of it as I would any other offgrade grains. Mr. GUINANE. And in pursuance of those instructions, in your regular duties, you mixed that wheat in with other grades of wheat that were in the elevator when you were loading ships? Mr. CANNON. Correct. Mr. GUINANE. And did you receive any special instructions with reference to any particular ships? |