THE FATAL ACCIDENT IN CHAPEL STREET.

New Zealand Herald, Volume XXII, Issue 7220, 8 January 1885, Page 6

THE FATAL ACCIDENT IN CHAPEL STREET.

CORONER'S INQUEST.

Ax inquest was held at the Hospital yesterday afternoon, before- Dr. Philson, Coroner, to inquire into the cause of thq, death of James Shears, who was thrown from an express in turning the corner of Swan son (West Queen-street) and Chapel Streets on Saturday night* and received injuries from which he died at the Hospital on Monday night. Mr. William Warnock was elected foreman, and Sergeant Gamble represented the police. After viewing the body, the following evidence was adduced:— Dr. Bond deposed that the deceased was brought to the Hospital on Sunday morning. Both legs and right arm were paralysed, and the left arm partially so. Ha was quite sensible, and said he did not know how the accident had happened, as he had had a little to drink, but thought he perhaps had been run over. No information was given to him as to how the accident had occurred, as he made no inquiries.' Deceased took liquid nourishment, and showed no bad . signs until noon of Monday, next day, when he became delirious. At one p.m. he became i unconscious, and died at a quarter past ten , p.m. the same day. Witness had that day made a post mortem examination of the body. The cause of death was injury to the spinal column, caused by fracture of the vertebra, which brought on paralysis. He observed no marks ot violence which might be caused otherwise than by the fall.

' John Mc a lister, engine-driver. Chapelstreet, said be had known the deceased for about , four years. ../lis occupation was a seaman, and ha took bis age to be about 51 years. tie was unmarried. .On Saturday last he was in Fort-street about noon, when he saw the deceased sitting asleep on' a doorstep of a store opposite the Post Office Buddings. Witness stopped and woke him up, and told him to take the horse and cart home, as there was nothing to do. The deceased had charge of the horse and cart, which was on t;he stand in the centre of the road, tie told him to take the vehicle to Mr. Andrews, in Chapel-street. Deceased I replied that he would not go just then, as he expected to get a load at one o'clock to take out to the racecourse. He did not get the load, and 'he requested witness to jump in and have a run round to the coarse. Witness did so, and deceased drove* Witness and deceased had a pint of beer each at the Imperial Hotel before starting. They drove on to the race-coarse at Elleralie, and |on the way out had no more liquor. At the course they had each two or three pints of beer. About five o'clock they left the coarse, and reached Newmarket without mishap. At the Newmarket Hotel they had each a pint Of beer, and started for home. They reached Chapel-street about half past seven p.m., and m going round the corner of SwaDson-street (.Vest Qaeen-street) the deceased, who was driving, struct the horse with the whip, and the animal started forward. and the jerk threw witness out. Deceased put out his hand to catch him, and losing his balance fell also u.i to the metal road. The deceased fell on tap of him. Deceased hid hold of the reins, but was not dragged. They fell out of the tail end of the cart, and the wheels did not pass over them. Witness was cut about the face and stunned by the fall, and he did not come to" until, half-past ten o'clock, when he found himself in the loft of the stable. At this time the deceased had been brought into the stable below where witness was, and he heard Mr. Andrews talking to the deceased, who was silent. He did not see the deceased until about eight o'clock the following morning, when he was placed in the spring cart, from which he had fallen, and removed to the Hospital by Mr. Andrews. He did not see him alive again. Both of them were intoxicated, .

Henry Brown, bushman, gave evidence as to the accident. In reply to Serjeant Gamble, he said he saw Mr. Andrews at the cart when it reached the stables. Mr. Andrews took charge of the cart and horse, and was excited. He had heard rumours that the deceased had been knocked about in being removed from the cart.

Edward McKnight gave somewhat similar evidence.

Benjamin Berry man, miner, Thames, at present residing in Chapel-street, said he drst saw the men lying on the ground about a quarter to eight on Saturday last. He picked up the deceased, but found he could not stand. He assisted to put him into the cart, and went to the stables, about 300 yards off, with him. MoAlister walked down with assistance. Andrews, the owner of the cart, ordered him oat of it. Witness told him he had a man in it who was hurt, and Andrews replied " that it did not matter, as he had no authority to be in it." He complied with the request, and told Andrews to take charge of the man. He had not provoked Andrews in any way, who used bad language to him. The deceased was evidently in liquor. John Carey, lumper, Chapel-street, was examined.

John Locke, lumper, also gave evidence. He said he found the deceased lying on the ground with his back 'against the fence in the yard. William Andrews, expressman, residing at corner of Moore and Chapel Streets, was also examined. « „ The jury thin considered their verdict and returned one as follows : —"That deceased met with his death accidentally by falling out of the carl," and they also added a rider censuring-the owner of the cart as follows : — "The jury - consider- that W. -Andrews, the owner of the spring cart, had not acted with proper care towards the deceased." .