THE MAHANGA BAY FATALIY.

Dominion, Volume 1, Issue 106, 28 January 1908, Page 7

THE MAHANGA BAY FATALIY.

t I " 1 \ CORONI2R'S JSNQUIRY.Ji , . ' :-oVVERDICT OF v / ( COIDENTAL DEATH.' A RI.DER ADDED. / ,l; ' \ ' An: infjuosfc,on ■ tlio body of Thomiw HaJl,'. .; fho mot bis do.ith at Mahanga Pay on , unday morning, was hold at tlio : yesterday nftefnoqii, before the Ooronflr, Mr,^. i Ashcroft, 1 , 1 Siity-InspEctor O'Donovan appeared'on half of tlio police, . , .' , - Mr, D. M, Findlay watohed tho jiroceeJ. mgs on behalf of t|ioovido\v and family, '1 : 'Tho - nameß ■ of Jtho gurqrs '.were Hr-Honrjf-''W:-( Clavonco tSalpm-(foreman), John .Qeorge, .Riohard: ißogers, '4 • Pgroy: Cording, and Arthur Clarke Ravon. i IDENTIFIOATPON OF THE BODY. ' " ' \ V ' ,1 , Jqhn Hall,' only;!son of tho deceased,,who"?<:'p gavoiovidonco as to identification, alpo stated.':!; that his father was.GO.years of ago, and Uiatir'•: .;a ho loft, a widow and grown-up fanuly, con-.\'>: t sisting of twq daughters and fitness. To Sir, Fmdlay i.'Wlun deceased was' notv- - away at oamp he resided at home* ; Diiceaned loft .to .attend thoi camp about n,fortnight ago, Witness's motliQiv and ono of |tis sisters >"? wfliQ dependent on 1 him, y * 1 ' EXPERT EVIDENCE. x ' ' .t' Symbn,- of tho; New Zealand Per- :i ; / manent, Foroo, .-g&vo..«Tid«tioo'-'tbati l -:onv-tiM:-<N:-';< ! data in question, ho was mßtriieting iha/.j ; .AVellington Enginoors, who Avorp in camp at' ' 4 -, Mahanga "Bay, m tasty, demolition wjth ex*ft" plosions. Ono explosion 'had, Jio'itated,, ; been- conducted safply. -i Tho' Engineers had - - i previously been instructed in. cutting gun» mr.*: cotton, vita propertms, and m safety prccau- .i. i to bo observed; in handling it;- A fairly ■~/ j largo pioc<f of wood, about Bm, by Bi»., re---'presentiiig- ii .trqei iliad boen ; blown up with - v. ; a necklaco of gun cotton just* previous to tlio . acoidonty Tho > nesli thing to 1 l>o lilovm nip ? .s: was a piece of. railway iron, representing a' , i; railway,. He (witness) saw : everyolui:. clear , i.: befoie tho fuse lit When tho fnso had : burnt', down; about "half way ho. again■ in--' fsfrncted tlio men, who wore pressing' for-.> -*:■ ward, to stand back, Tlio deccasod, who ' acted iw'. cook,- \yas laowhero m sight at this J • timo,- rAfter- tha-pxplosion>witness and. tlia/j > •■{ men, who had rumained about a chain-away, wont to inspect the rail; •• Whilst-'th^:weres-c'.-i examining- it one, ofi-.the nKtir called io'him i -that tho cook was dead.-.'Witness went to- • i wards tht) cook's lint, arriving there jnst •' • j befoie tbq doctor; Tho cook would, bo about ' '4 four oliains,-away, but in-a different vliree--' > ■;-j turn. . When"Witness: saw the cook; hq -wasv. ; ' : l i satisfied ho was dead,-. The explosion' tppk ■' placolat about 11 o'clock. i, .'.Mvci WAS THE COOK WARNED? ~ iTlio v Coronor nHad it boon your practice V- 5 •when other, explosions wcro aboilt to 1 take 1 'i place to .'warn'- tho rook? '■ : . •. - :'-i Wii/necs: No; ( I didn't tlimk ahout thtr- i coqk,. I.didn't'ki]o\Y;lie was tliero. Ihadn'b'-' .Boon lum. ■ ' '■ ■' ■ |' • 5 .The Coroner: Did any of the officers or'- •! •Inoii'.warn thccooki'' "■i t.'-mI p 'Witness: Not that,[ am aware. Thoy \yould" ■ - not warn him ' * i,. .'The.bub-liispectori. Tho cook would bo en?' ' gaged nt-Ins.usual duties, and would be at ■ j ,Ins ■accustomed'place: J AVitness: \os. . .■ ,{ i.--Mr. ,lfindlay; - What happened, to tlio. rail f ft -• J i Witpessr A- piece 'war blown clean out;- -I i That-is-what alwavs l happens. A piece ig ? i blown out thn -longtl)"cf tlie gun-cotton,: but I i no farther. " r >. , ■ :s i >• Mr,-Vipdlay; What; was tho extent of 1 clwrpo 9 . | I Witness:. It weighed half a pound, and : consisted of.a piece Oijin. long. • 'Mr,' EindlayiVWhat is tho offect of suchr ? an explosion? ■; ■ ./-j . Witness;. is!blown out; Tho frag. ■] ments go in. a fohvaid.direction, but keep j low. Orio or tivo may rise, or ricechetto- > ; Mr,'Findlay; Do you consider that doit ; ceased was m a perfectly eafo position? . 1 \ I Witness; Yes. JHip line of 'fire was bo]pwr ■ pr to the right pf tho top at which bo «aa getting water. \ - - • ! -■ . Mr, Findlay: Ypu o.nd your men worn iut ' another direction ? : • . ! Witness': Y<;s. Wo wcro facing tho end ofl the rail. The,, cook's hut was nearly in an j opposite direction. -'.: f". . i ji- Mr, Findlay; Were you ill a safer position ft Witness: Yes, . ', : Mr. Findlay; What is the tendency of thq'i | oxplpsiqn P 5 ; 'YWitness: To throw tho fragments in the j direction of the norroil to the rail at tha ; charge. ' - - .) 7 Mr, Findlay: Is thero a,rqad there? •• •.* Witness; Yes, but a cliff cuts it off,. ' ! The Coroner; Could anybody standing atj ! the tqp have beeii clearly seen? . f ■.< Witness: Yqs. 1 No one wag 1 there when I i told tho men the second time to stand back;" - _ Tho Coroner: Was every member present?j . 'Witiioss! No! A" few of tlio mon .were away 1-'.' i wjth Lieut-: Fitzgerald, I had. 25 men w|th j ■mo.'. • ■ '• - / ' -\ ■') . ;l The' Coroner: Was there any svstcm <&! outposts? . -' , : ■'.. - ' I - Witness: No. --j --\j ! Thq Coroner: Was a flag flown to indicate! | that an explosion was about to. tako place? - i '. Witnoss; No, but an oxplosion had jusp) ' taken place. • ;. i ' , ' j .- Tho Coroner: Nobody was told off to anyone off? -■ ' Witness; No. Wo could seo all round:- ■>: Tho property is a Defciice Reserve, and only, i volunteers in camp had. a right- to be there; Tho Coroner; Wero you attached to thai j camp? , i i Witness: No. I was-asked to undertake'the instruction' aiid agreed to do so, I hud'l not been ill the camp officially before Sunday,-.) . but I was present in my official capacity on.J ; ■Sunday. ■! Tho Sub-Inspector:. Was there only ope' i ' other "explosion that morning ? | Witness: Yes. ' : The Bub-Inspector:; What was the effectPj : Witness; The necklace of guncotton being-1 : round the timber the.effect Was to cut the .timber straight- across. ■~ - ; Tlio Sub-lhspcotor : Did anybody warn the! •; cook ? " '. " f ■' ■ ' • - '"Witness; No, but lie was bpitnd to heaf- ■; tho first oxiilosion. • The Sub-inspector: "Would tlio . tend to showor? " . i . ' Witness: I don't think they would. One. 1 or'two pieces may ricochet. Lots of ox-l'.-'.'! perimonts ■ have been conducted in tho sfea, : ? and with bore holes, but not on the land.i I could not say how far the picces would! ; caiTyl'"" "• ' ■' ' ' -' : 7 ? -i-.j Tho Sub-Inspector:-Would the force bo'.--suflicipiit to ponqtrato galvanised iron at "78 ) yards? , -' I .•! Wituoss: It would I think.' , Tho Sub-Inspector.;- Do you think that thu ;• young follow who found deceased or tho doctor, would be in tho line pf fire? Witnoss: No. < MEDICAL TESTIMONY. Dr. Gilmer stated that by direction of tho. : Coroner lie conducted a post-mortem on the ;; i .body of deceased. Tho body, which was well ; ' preserved, was tliat 'of a man about CO years.: of age. Thoro was a lacoratcd wound on tlio loft.arm, but of no depth, and another' wound on tho left side"of tho head. Witness* found a compound comminuted fracture- on ' loft side of skull,' just over tho left ear. On ; opening tho skull -lie also found a simple ' fracture of tho right sido pf tho skull above and behind tlio right oar. Tho wholo of the ; base of the brain was very much lacerated, 'j causod. by an iroti fragment found on tlio floor of tho brain. Tho fragment had en- j tored about the base of tho brain, and passed into it in a horizontal.direction. ' 4 111 roply to tho Coronor, Captain Syinon expressed the opinion that tho piece of rail ' .which-struck deceased had. ricochoted off ' tho ground. : J Continuing, Dr. Gilmor stated that do. ' ; ceased's skull was remarkably thin. Tha i piece of motal entered tha left sido of tho,-' i head. Death must havo been ahnost in-]' sida ] !

i 'of tho skull had'prohably been-caused by a fall: t Dr.- Elliott, who-attonded the post-mortem, said that\ he concurred with Uve- evidence • given-by Continuing, witness stated that he had no connection with tho : Simp, but'went out on Staday at tho roof Lieutenant Fitzgerald, as explosions , 4ero abbiit'to'tako place. -Just as ho turned 'j3io coruor of Shelly Bay road, at tho corner | i/f Jlahanga . Bay, ho saw a . group of men In. front, of- him. One: threw-up:his hands, and witness stopped, and found deceased lying-at'the sitlo of the ,'roaid, near to a 1 , vater tap. ; There was a .wound on tho left r side of ..deceased's' head; the brain was lacer-: ated and protruding. ■ Deceased was -hot breathing, but; for: something less, than ,a, •' minute,.witness could fce.l his pulse/beating. , There was also a, largo flesh • wound on the left-arm,- the .elbow. The-Coroner: Did.you think deceased was in,a-dangerous.position? ' Witness: I don't- thitik I could really, form' ■ *n,. opitiion on that point. I, don't ; know how far tho pieces would carry, or in what ' . direction, they tfould fly. . ; . A juror:. Did you hear,the explosion? i Witness: N0.., ■' . . Wheii you 'were hailed Were you far from .Whert deceased Was-lying? ; - Witness: No.' ; : Is; :it possible that, if .youKhad arrived !6arlier you .might also have been struck? Witness'-It is possible'. -- Wa.s there/anybody to prevent you . from . Approaching. - .Witness: No. • ' ' '' ■ EVIDENCE/OF A SAPPER. ' . .Cecil ..Marcus Wright,- a cadot in 'the Mnes Departmeht aiid a sapptir in tho Wel'lingtoh ' Engmo'ers, '.Was vthe ' riekt Witness. 1 * ; He stated' that ho- h'ad' been with Lieut.. - SFitzgerald's party: at Kau Point helping to ,/ jnako- a fo'u gasso. Acting .under, nistruci 1 ,tions, :he -commoiiced to wheel 351b. of'guripowder in a barrow-back to-tho camp. Witv Bess .heard- the 'explosion, and, saw several ! splashes- in tho sea. "Opoif turiiing a corner ho saw decoised lying, on the ;grouridl Wit- . ness knew, there .was'; something' Wi;bhg,''as a- ; iucket'was overflowing at a tap. . '•'To:a juror: He': had to paßs.>closß to the cook's hut, and .if ho hadiheen-twd.ihiiiutes, Mrlier he would, have reached'thei hut'. , ' • , The Coroner: Was- the- 1 cook in- the line 1 of '- fire?:' • • . • -Witness: No, ; not' in my opinion. must have-been struck.- by;•a piece which had bit i, 'the ground arid ricochetted. ~ '" Tho Sub-Inspector: Would .the: cook know 1 the exact nature of the explosions?' i Witness: No. '~ 1 ' . ,; I '"' The ; Sub-InSpector: The, second explosion- ■ Jffas .the m'oro dangerous? ~ -Witness-Yes: The Sub-lrispector.: Did you knowi exactly-, -. When, tho second explosion. Was- to takes.' place? ■ - - •WitnessNoV : . , The Sub-Inspector: When'you,first-saw dei deas'ed, what aid yon thmk had happonod ?i .Witness: I thought.for a«sedond lie might to-taking shelter. ■ : THE DANCER ZONE. Mr. Findlay.: Captain Symon saidjtho tap. was nearer the-danger zone than tlie cook's hut. Do' you consider the tap; was in'tHo' danger :zone? ' ' ■ " .Witness- No. / ;i- can't offer an opinion , against'that of 7 Captain ,Symon. It was my first' experience. ' I, consider'the-lifte of-fire'- • was from the rail- to' tho place whero tho splashes'occurred., ,Mr. Findiay:, If ybii.-.thought at first that deceased was .taking, shelter,. it must iia'vb . occurred to you that' he. was in the danger zone? ./ j ■ ■■ ■" , ■ ... . ;• Witness: Well, I thought,he was.sheltering, from.stones or fromvfraginents which .might: ricochette. , /'■ • - -.- ~.,. ■• '■ . Air. .Findlay: ; Then . his position . -'was : a 'dangerous'one?. ~ ........ Witness: Hc : was not in the normal, danger zone.. - 'v/,' ' ' : ,A juror:'l)id you know : where the danger zono was? ' ,w,' , - , Witness: No. ' s .. . ' -The juror:- Then-you might-.have walked, into the danger mrie,without-knowing it? ■ v Witness: Yes; but the explosion!bad occurred.- / . Tho Sub-Inspector: Did you know the exact r spot at which the explosion was to tako place,- .or. in'what''direction the frnements - mifcht ilv? , ; Witufess: No. LIGHTING THE, FUSE. .George Herbert .Barker, painter, and » - . member of No. 5 Company, of Engineers, , stated.that tho.Otficer Commanding paraded ■ _ tho men'on Suiiday,' and'- intimated:' to • them ' that explosions would take place. Captain. Symon instructed the men in the nature and. '. use of the explosives. , With others witness was instructed to plate a rail in position on the beach.. Under.. Captain Symon's. super-' vision, witness abound the chargo to tho -raih Captain'.Symon put. in the detonator and held tho fuse whilst witness put a match to it. Jieforo the fuse Was lit, Captain Symon saw that all was clear." Subsequently,"Cap-, tain JSymon warned'those who were pressing . forward.to back.: Tho men wiio- wcro nearest- to the plade Whoro' the explosioiv took pjace would, be from .;twenty .'to twonty-fivo yards away. All the shattered piece's should' have gon'o'in the direction of a Wharf , and away trom the huts a'nd approaches. In-his opinion; the' accident'w-as due to a piece ri-' cochettiiig. ' Tlio.deceased must.have,heard tho lirst explosion. -To a juror: Ho could not say whether the ; cook was informed- that a second explosion. ;. was to tako place. ' j LIEUTENANT FITZGERALD CALLED. Lieutoiiant Fitzgerald,who was-in chargeql tiio camp, then gavu evidence., He stated that no-explosioM took place-prior to Surif "ay. W'hilst Captain Symon was.supervising the eapiosions ho was the.responsibleWitness was not present When -tho explosions: took place.'- lie «id not know exactly when or whore the explosions were -to take place. Witness .knew that two explosions' would tako■ piace. ; He was .not aware that any arrangements were made to.warn tho cook, or that he was warned. Since the fatality no one had stated that the cook was warned. The Coroner:-Supposing it were tho proper thing to do, whose duty was it to warn the cook?. Captain Symon: I was responsible for everything in connection with the explosion. I was the senior officer.' To a Juror: Lieutenant Fitzgerald, continuing: It had been , arranged . beforehand that, explosions ..would tako place on Sunday. Men were detailed to assist the cook, a nd-ho must- hayo heard them'and-others referring to tho fact-. - Tlio men. were. not officially notified until the Sunday. I had intended being present When the explosions took place. . At this .stage the. Coroner asked Major Hume, who was present, if he thought sufficient precautions had been taken. . Major Hume, in reply, said that, taking „ jnto consideration all ..tho circumstances,, he thought , sufficient precautions had been taken. If the explosions had been held th(.ic was daugor of anyone getting in the lino of fire a flag would hove been flown, - or such like additional precautions taken. Captain Symon pointed out that he had omitted t,o state in evidence that the piece of rail was .curved, and that the charge was placed, near the short end on the concavo side. In view of that fact the rail might have been slightly turned. However, as splashes, occurred in tho proper direction, that might not liave happened. Constable Carmody, who was dispatched to the scene, was also called. Ho stated that ho measured the distance between the placo where the explosion took place and tho water tap where deceased was struck,and found it to be 78 yards. THU SUMMINC-UP. The Coroner, in summing up, said that, in his opinion, death was accidental. It was, however, necessary for the jury to consider rhether reasonable precautions wore taken. Evidently, nobody 'seemed to have thought that the cook was in danger. VERDICT AND RIDER. After deliberating for a few minutes tho jury returned the following verdict: — "That tho -deceased met his ..death through a piece v of iron, shattered by an explosion, striking him on tho.head and entering his brain, and that his death ' vras accidental and by misadventure, and not otherwise." The .jury added the following rider:— ■ " That, in tlio' opinion of the jury, sufficient precautions were not taken to protect the cook or any other person in a dangerous position from the. possible oiiects of the explosion." .