RIFLE FATALITY

New Zealand Herald, Volume LXXVII, Issue 23599, 7 March 1940, Page 12

RIFLE FATALITY

BOYS SKYLARKING FATE OF A MESSENGER SOAP FILLED CARTRIDGE Evidence of how a boy was shot when playing with companions with a pen-rifle loaded with a cartridge, the bullet of which had been replaced with soap, was given at an inquest yesterday, before Mr. F. K. Hunt, coroner. The victim was Raymond Albert Green, message boy, aged 15, son of Mr. Frederick William Green, of 10 Franklin Road, Ponsonbv. The accident occurred on Anniversary Day, and the boy died in the Auckland Hospital on February 2.

The owner of the rifle, Clifton John McLean, butcher's apprentice, aged 17, of 2 Leighton Street, off Richmond Road, said deceased often visited his home. On the night of January 29 they played cards with another boy, James Campbell, and they were alone at witness' home. Witness went to the bathroom at about 9.20, and the others followed.

No Pellets Used Behind the door, witness continued, there was a .22 repeating rifle, with which witness sometimes shot birds and rats in the yard. He said he used to remove the bullet from the cartridge, and place a BB pellet inside, plugging the end of the cartridge case with soap. The last time he used the rifle, three weeks previously, he used only soap, as he had no pellets, and he remembered one cartridge was left in the chamber. "Ray picked up the rifle ? and Jim took it off him," witness said. "I told them to be careful, as the rifle was loaded, and Jim gave it to me. I had my hand round the trigger guard. Ray caught hold of the barrel with both hands, and said something to the effect: '1 dare you to pull the trigger.' I repeated that it was loaded and would hurt him if it went off. He said: 'You're windy; go on, it's not loaded.' "Ray shifted tiis hand and tried to open the breach. His wriggling the rifle caused my hand to go back, and so far as 1 can remember that is the action that cocked the rifle. Ray still had hold of the barrel, and the muzzle was pressed against his stomach. I think I had my finger 011 the trigger and the rifle went off. 1 am pretty sure 1 pulled the trigger.

Thought He Was Joking "He opened his eyes wide in a surprised look, and gasped as if he had been punched in the stomach," witness added. "He said: 'Cliff, you have hurt me.' I thought he was joking, but soon realised he was not, when 1 saw a hole in his coat and blood on his shirt and singlet. There was also a hole in his stomach, and I washed the wound while Jim went for a doctor or ambulance. "Jim and I went to the hospital in the ambulance with Ray and gave the particulars," witness said. "I then went home to bed. My father arrived home just before me, but I did not tell him what happened. I did not think it was serious enough. I did not send word to Ray's father. Ray told me his father told him to get out, and he was going to sleep at his aunt's place." Cross-examined by Mr. Cleal, representing deceased's father, witness said he did not fire the rifle on purpose. He knew there were no pellets in the rifle, and thought the soap might sting, but would not go through. The Coroner: I think that is the whole story. Witness thought it would only sting him.

Explanation by Deceased James'Campbell, butcher's boy, aged 14, said deceased and he decided to give McLean a bit of a scare while lie was in the bathroom. They rushed in together with a shout. Deceased pointed to the rifle, and witness picked it up. He handed it to deceased, and McLean, warning them that it was loaded, took charge of it. "Ray said: 'Go on, fire it, you are windy,"' and I said: 'Who wouldn't be if it" is loaded?' Ray kept repeating: 'You're windy, you're windy,' and Cliff said: 'All right,' and pulled the trigger. I think he thought the soap in the cartridge would only splash out of the barrel. There was 110 quarrelling over the rifle, and all of us were in good humour. I think the accident happened through Cliff pulling the trigger purposely, when Ray told him to do so, thinking the soap would not hurt him." Tll a statement to Constable A. C. B. Wade at the hospital on January .'lO. deceased said: "McLean had the butt of the rifle and I had the barrel. He told me it was loaded, but 1 did not believe him. I kept telling him to fire it. He said: 'l'll shoot you,' and he pulled the trigger. The muzzle was against my stomach. I don't think Cliff wanted to hurt me. We were skylarking and nob quarrelling. He told me it was loaded with soap before he fired it. I told him not to be windy but to fire it."

Comments by Coroner Dr. D. W. Guthrie said deceased died of peritonitis, as the direct result of the wound. When a post-mortem examination was made no bullet was found. Frederick Clifton McLean, butcher, father of the owner of the rifle, said he took it awav from deceased and his son when they were skylarking with it three weeks before the accident. lie said he had known* the rille to discharge twice without the trigger. An officer of the arms bureau of the Police Department certified that the rifle was mechanically sound, but a fault in the invisible loading mechanism might lead to an accidental discharge. Counsel said he realised the matter could be carried no further, but commented on the unsatisfactory conduct of the boys after the accident in not informing deceased's father.

"It is a very sad case of lads fooling about with a loaded rifle," said the coroner. "My finding is that Green died from a gunshot wound inflicted by McLean while they were skylarking. I do not think McLean did it on purpose, but Green dared him to-do it."