The Inquest.

Waikato Times, Volume XXI, Issue 1767, 1 November 1883, Page 2

The Inquest.

An inquest on the body of James Weal, junioi, -\v,is held at the Court-house, Te Awanmtu, at 10 a.m. on Tuesday, before Mr Giesham, coroner. The iury was composed of the following gentlemen : — Win. Taylor, Thos. Hunt, J. R. Wnght, J. A Stichburv, K. W. ltocho, J. H. Mandeno, ,T. L. Mandeno, Charles Innes, J. W. Biidgman, J. Walton, A. White, andT. J. liogeih. Mr Hunt was chosen foreman. The jury having viewed the body, Dr. Blundcn, being swoin, deposed: That he wag a duly qualified medical practitioner. He was called to attend deceased at about 12 noon on Saturday, 27th inst. He was suffering from shock. There was ■i hole such as would have been made by a bullet in the point of the right shoulder. There was very little external bleeding. I passed in a probe to get direction of wound. It passed downwardh, forward, and inwauls. I had him then removed to Lewis' hotel. Upon removing the clothes there was no visible hole of e\it, but the appearances weie such as led me to conclude the left lung was injured. He remained suffering from shock, and in a state of collapse till midday on Sunday, 2Sth in&t. .Reaction then began to take place, and before night troniatic delirium had set in, which continued up to, and ay as the cause of his death, which occurred about 11.30 on Monday morning, 2 ( Jth inst. I was present at his death. By the police : Have you any doubt that death was caused by the bullet wound ? Witness : No doubt whatever. _ William Henry Leighton, being sworn, deposed : lam a storekeeper at Te Awamutu, and a member of the Cavalry volunteers there. I knew the deceased he was a bandsman, I lemember Saturday last, 27th inst, Troop orders were, a belt competition to take place at the butts on that day, to commence at 10 a.m. I was pie-.eut, also Lieut Bruce, Drill Instructor Cailey. Tioopers Samuel Shmt, Francis Bru c, Chailes Alexandei, William Floyd, Archibald Mtller,. I think seven were present, commenced firing at 10.80. Lieut Biuce was in chaige. The accident took place about a quarter to twelve, deceased wan marking in tqe butts, was not marking fiom beginning. I commenced marking, I have inaikecl before. Deceased did not immediately succeed me. It is the duty of the maiber to use a danger flag. I only know of one kind of danger flag, a red one. Theie was no danger flag at the butts whe-i I was there. I did not see any djnger flag at the firing p mil. 1 received no iusti uctions about Hag-., did not use any I danger signal when marking. If the inaikor wished to leave the mantlett he swung round a disc as a danger signal. On pluvious occasions when there was no dang 3r the disc was used. I was alone in the mantlett. Thine v»as only a small party firing, about seven. Wo u eio filing at I the 400 yaids l am, j when the accident happened. In hung fiom that lange the position would bo lying down. At least l."> shots wcie ined at this rau»e befoie I fiied my last shot, [t was my thiul shot. I follow eel Lieut Biuce and Miller ; Charles Alexandei was my associate in firing. I ined hist. My last shot missed ; Alexander's tuin came next. After a miss it is not usual foi the, niaikei to signal in anyway. Mirker made no signal when my' shot missed. About^ two oi tin eo minutes elapsed between the filing of my last shot, and the shot filed bv Alexander, I was spjaking to Alexander aftei firing, that occasioned the pause. It was his duty to fire, after me. T remained lying down till afte- he find his shot. Must have seen nnrkerfion mypositioi , had lie come out boldly. Sa\> no disc oi .signal made by the maikei befoiu Alexander_ .shot. Alox.mdei then filed He took delibeiale aim at the tuget. Fimnediately aflei the shot was hied L saw deceased tlnow himself back. Up to tin-, time had seen nothing of linn. Think he was about two foot fiom the mantlett w hen he fell. I saw no disc with him ; we all went to the taiget except Floyd, who v/ent foi the doctoi. T among the ni at the taiget. Deceased was on Ins back. Lieut. Biucj asked him where he was hit ;he said on the arm. Do you icnienibar heaung him say anything else. By the police : T have b jcu some time m the A.C. about 3V jcus and ha\e had considerable oxpjiienco in lifle piaotice. According to the logulalioiis then; should be two danger flags, one at the butts and one at the fii ing point. J )id not see any. Could not have been a danger flag at butts or firing point without my knowledge. No bugler was pie^ent. The hung was not accoi ding to volunteer legulations, as theie was no d uiger flag at the butts or firing point. No one was present at the firing I point with a whistle. The deceased was the only marker in the butts when the accident happened. No non-commissioned officer was in the butts. Cannot hay whelhei deceased was au < experienced marker. I should consider him quite competent to mark. Accoidmg to legulations theie should Ikiao been two iiiaiker-> piesent. I saw thiee discs in the mantlett. Do not think deceased used one. Must have seen it if he had. Theie was no other means of signaling than by using a disc. The mantlett is six or seven feet fiom the target. I consider the mantlett quite safe. I think it is the duty of the oftiCvjr m charge to see the filing carried on accoidmg to the legulatious. 1 The pi o\ ions firing on the 13th inst. was cairied on without a danger flag. I was theie. That was the fiist time I saw no danger flag used. If the deceased had a danger flag and did not use it the fault would have been his own. Deceased had no occasion to leave the mantlett after I had fired my last shot, as it is not Usual to mark a miss. This filing was not for Government prizes, it was foi tioop bolt. Do Pu>t think the Government recognise the firing that took place on the 27th inst., it was simply troop firing, Cannot say whether the regulations nro supposed to be enforced at ti oop filing the same as at Gpvernnient practice. My opinion is that sufficient caie had been taken to prevent the accident had the deceased not impioperly exposed himself. He had no business out of the mantlett at the moment he was shot. Had he required to qouiq cut of the mantlett he should lw o swung up the disc. lam certain the thiee discs weie in in the mantlett when I went id to where deceased was lying, consequently I am satisfied deceased did not Use a di-c as a danger signal before leaving the mantlett. No paiticular dmc was to have Ijeen used as a danger si<^ial, It was the manner of using the disc that should indioate danger, that is by swinging it in the air. Charles Alexander, being sworn, deposed : I am the son of a fannei, near Te Awamutu. I am also a bandsman of the volunteer troop there. Was at the butts on Satuulay last. There was ji 4 otiin,petition oidered by the conun.a.uding officer, Capt. Rutherford. Firnig commenced about 10 a.m. L,ieut. Bruce, Seigt. -Major Carley, Ti-ooyeis, S. Shoit, A- Miller, Floyd, F, Bruce, Leighton and myself were there. I had marked in the butts that day. No danger flag was used. Lieut. Bruce was in command. When marking I had no occasion to use the danger signal. If neces • .sary to signal danger it could be done \\y swinging a disc above the mandate T/hat was understood. I firpd. with Lmghton at the 40Q yar^s iange. We lay down to, fire. Bein.enih.er T^eighton firing h,is last, s,hQt, was a miss. B,efoie I fired, IjeighAQn was joking nic not tjo fijlqw his example ant} miss. Plenty qf #me elated. a.ftw Leighton, qhos f(jr the iqarker to mark it. Ab4u,tj in.inn.ttjs elapsed before I shot. It was my duty to fire. I saw no signal to stop me from firing. I fired, and then saw deceased fall back. I went to the target. Deceased's body was laid between the get and mantlett, with his head, aluaut m the mautlett. I saw, no, ciW» outside the mantlett. Did l^ojfc hoar deceased speak. Saw creased alter, but had no conversation with him. *By Constable Gillies : No disc was out-, side. ' I saw* them" and thepitui; pb'^ in, ijlie mantlett. Should n,qt hw% &VQ& Jiaq t¥een A signaj, JUqowtad' wa#toark.}u§< t ' H^» wp

■ f. ' '{ ( ' I / ■ « .' , (1( 1 111 1 i) alone. I think* hp, volunteered to;; mark. He was not instructed by anyone. It was understood that a disc swung above the m.mtlett indicated danger., > I'think Sorgt.Mijor Car ley first told me so. Several ti oopers told me so afterwards. About 12 months a^o Tioopcrs H. t North and W. Floyd also t')ld me. At' target practice I underst ) icl this. I believe Soigfc. Sibloy was in charge on that occasion. I have attended ball practice lately. Danger, flags ha io 113011 used bsfore Lieut. Bruce' 'was in charge last Saturday. No bugler was present. No one usod a whistle. There could not have b^eu a danger flag used at butts 05^ firing point. If deceased had used a dangdQ flag I should not have shot, as I should have^ seen it. When I took aim I, could set^j nothing but the target. " 4J . By the coroner : Had I seen 'a disc exposed from the mantlett in any manner, I should not have fired. Deceased., .could have used the disc if he thought ''proper. Ignoring volunteer regulations, I consider sufficient precautions were taken to prevent the accident had deceased not exposed himself improperly. v» %1 ' 'T - '>'- ' ' By the police {■ H^d the volunteer regu> lations been complied with, T am of opinion the accident might have happened;? Because I think deceased was looking out only, 'arid" not coining out boldly. Had lie had a dangerl , flag he might have used it. If Ije had used! a disc, I must have seen it. The r[ed ; flag is usually Übed both to signal cease firing and danger ; also when re-colfniring the target, flag kept up all the tinn marker is out of butt. No fla~ whatever was used. James Weil, bung sworn, deposed:-— I am a fanner i eliding at Te Rahu. I am the father of the deceased. About 1 p.m. on Saturday I received a message that my hon was hh it in the slvmlder. I went to To Awamutu and haw him — Dr Blunden was there. I asked deceased how the accide it occurred, and he said no. danger flags were used. I asked the; Mime question of Lieut. Bi uco who said the flags had been stolen. Deceased told me he was late for the firing and bo went to mark/;]} aykecbhpw he marked, and he said "by holding up a di.sc." lie sdd he had used a disc ; when leavinc the mautlett, it 'flew out of his hand over his hoad when hhre r was> shot, he thought it fell back in the mantlett. Subsequently I asked deceased in the presen^h of Lieut Bruce if he had a disc in his hainP when struck by the shot, he said he had. Ho also said the only non-commissioned officer piesent was Sergt. Major Oarley. By the police : I have been connected* with the military and volunteers since 1847^1 up to about 12 months ago. I never saw tai gat pi actice without danger flags being used. Ido not think it was right by any means to carry on this practice without a danger fl.ig. Ido not think this accident would have occurred had the regulations been earned out. I would not consider using a disc a danger signal. 'In my opinion if this firing had been carried out properly, and a danger flag been used, this accident would not nave happened. Deceased told me in the piesence of my son Thomas that he did use a disc before coming out of the mantlett, and that when he fell back it flew ovei hi.s head into the mantlett. Lieut. Bruc3 was also present when deceased made this statement. Deceased had been in the troop two or thiee years. He would be 20 years old next December. Do not think from deceased's age and expeiience he was competent to mark by himself. From the fact of deceased marking by himself I think the regulations were not cariied out correctly. J3y the coroner : Had I been at the firing point, and seen a disc exposed in any way [ should not have fired. After using a danger signal some time usually elapses be1011 01 c the marker issues from the mantlett^ It is the custom to signal every hit by efl hibiting a disc. Misses aie also usually marked to show the direction of the shot. W. S. Rutherford, being <jworn, deposed : — I am a farmer 1 eliding near To Awaniutu and Captain commanding the Cavalry Voluuteeia. On a former occasion, ab nit two months ago, a markoM failed to exhibit the dangoi flag on comin ™ our of tho butts. I reprimanded him for so doing. In fuing foi tioop piizea it is Usual for only one man to maik in the butts, in fling for Go\ eminent prizes two*. men always mark ; generally Sergt Major Cii ley. -md i.nothei. 1 have often markedin that butt and consider it quite safe. ! The rules .11 c not so strict when filing for troop puzes as when firing for Government prizes. In filing for Government prizes wo always send two men, a non-com-misioued officer and a trooper to the butts t.> maik. 1 consider that when a disc was usod in the absence of a danger flag, that it was quite safe. The danger flag and others w ci c stolen f 1 om the mantlett. ttobeit Biuce, swoui, deposed : — I am lieutenant in the Cavalry Volunteers. I tieaid tho convocation deceased had with hij fatliei, who asked, " Did you have tho disc in j-our hand when you went out." He lephed, "I had it 111 my hand." At the butts I asked rlociiascd how it happened. He said " I hoai d a shot fired and I was not sine whethei it hit or not, after waiting a considerable time I came out to see, and the shot hit mo then." Wo did not say anything about discs or danger signals. When J went to the maiker's butt, the tlnee discs were lying in front of wheia the maiker sits looking at the t.u^ot. Jt is possible they could ha^fc been theie even although deceased had haa one m his hand, fiom the position in which he was lying. I nevei saw deceased signal. By the police : I was not looking at the moment the shot was fiied. I was pitting down. Deceased volunteered to mark, andU I heard Seigt. -Major Carley ask if.hoß undei stood what he had to do, to which deceased replied that he did understand. He maiked by himself, and had no danger flag. Ho did not get any special instructions on that day about danger bignalh. ,Ha had marked befoie. With ordinary precautions it is safe to fiie without a dangernag. I think e\ery available precaution was used that day to pi event accident. Re-examined : It is not the practice to set anyone specially to watch for danger signals. R. W. Roche, commission agent, Te Awamutu, sworn, deposed : I reside at Te Aw amutu. I saw deceased within half an houi of the occiureucc of the accident. Ho stated to Constable Gillies in my piesence that he blamed no one for the accident, and that it was puiely accidental. Constable Kobeit James Gillies, .sworn, deposed : i reside at Te Awamutu. I saw deceased in the butts. He said ?io was shot. L asked wheie. He .said in the shoulder. He also said he did not know whether the shot previous to the one which hit him was a miss or not, and he went out to see. He also said : - l I cannot blame anyone. Oh! it is only an accident. I had no danger flag." Thos. Weal, of Te Rahu, sworn, deposed : I am the brother of the deceased. Deceased said to me on Saturday, after thei accident happened, " I stayed in the butts for a short time after the pieyious shot was; fired, 1 was not sure where it hit. I then wont out with the danger signal in my hand. When I fell, tho disc went over my head." He said he could not blame anybody—he could not tell how it happened^ He stooped f oj wa»tl« This was. all the evidence, and the ccwoneiP ha\ in.™ hummed up, _ the jury retired for a few- minutes to consider their verdict. On returning the following verdict was. given : — " The jury find that tb.o, deceased met his death accidentally,," and added this rider : " That no blame whatever can be attached to Tiooper Charles Alexander who tivod. the fatal Hhot, but that on'sftl and * evei-y occasion, whether troop or Government firing takes place, proper danger flags* should be always \ised."