THE PORTOBELLO FATALITY.

Otago Daily Times, Issue 10421, 25 July 1895, Page 4

THE PORTOBELLO FATALITY.

An inquest was held on Tuesday at the residence of Mr William Clearwater, Portobello, by Mr E. H. Carew, (district coroner) and a jury of six,, of whom Mr John' Foster was choien foreman, concerning the death of the child Mary Ann Clearwater, who was shot on Sunday last.

Mr Clearwater deposed that he was a blacksmith, and that deceased was his daughter, and was nine years and nine months tf age. He left home oh Sunday morning, shortly before 12 o'clock, and returned between 4 and 5 '^o'clock, when he was informed of ihe event. He_ had a single-barrelled fowling piece, with which he was out rabbit-shooting on Monday evening. When he came home on Monday evening he put the gun on the top of a cupboard in his son's badroom. The* gun was loaded with powder and No 2 shot. It was not his habit to keep it loaded in the house. It was left about4fti from the ground, and the lock was in good order. The gun would not have been left where it was, but someone came in a hurry to get a littie job done, and witness did net teke time to withdraw the charge. He thought he left it with the hammer down and a cup ou the nipple. His son John was l 4 years of age, and had never used the gun. He was never allowed to touch it.

John William Clearwater stated that on Sunday, after dinner, his sister, Mary Ann, aod his brother, George Thomas, were washing up the dishes. Hia mother £ad gone ont before dinner, and did not return to it. He was sweeping tbe floor in the back rooms, his mother at that time being in the garden. He took down bis father's gun from the top of the cupboard in a bedroom, and was taking it into the kitchen to show his brother, and just as he came to the kitchen door it went off. He did. not see his sister fall; bufehurried back to put the gun away. He returned to the kitchen, aud »aw hia sister lyii/g on the floor dead. When he came to the door with the gun he saw bis sisfcer standing in front of the table. She did not scream out or make any noise. He did not notice whether the hammer was up cr down when he took the gun into bis hands. He had a striped jeraey on wirh holes in it, but did hot know whether he touched the gun against anything. He had shot out of a gun once. He had handled the gun before. He did not know it was loaded. He had onehand' on ths barrel of the. gun, but could hot say what he did with the other hand. He wasppt playing 'with the sun, or trying to frighten his sister and brother When he aaw his sister lying on the floor he rushed out to the garden and told his mother, who came to the honse at once. ' His motber sent his brother for Mrs Allan, who came tothe house. - : /, . -.

George Thomas Clearwater,-'ll years of age stated that he was in the kitchen with his sister, helping to clean the dwhes, on Sunday afternoon. His brother John had been told to sweep the floors. He was standing at a corner of the table, with his left shoulder towards the door leading to the back rooms.- his sister being at his Ifeft, facing-the table. He was wa.-hinc a plate when he"he:ird a-gun go.off, and already atter saw blood on his shoulder and oa the pUtes and tathe. There was a lot of smoke iv the room. He got near the door befora he saw his sister lying on the floor. H-> did nob seivhis brother till he Went into the garden to tell his mother, who came'in at once; and Mrs Allan arrived about 20 minuteß afteo the gun went off. He saw the gun that morning on a cupboard in a back room, 'v The gun stood up in a corner. He did not take it down, but pulled the hammer b*c!r,'but whether to half or full cock he could not say. He saw a cap on the nipple, and then knew tbe gun was loaned. His brother and himself had been talking about the gun the night before, but neither said anything about it being loaded, and he did not then know that it was loaded. He did nor. hear his brother speak before the gun weut ofr, nor did he hear bis sister scream or make any noise. He left the gun when he saw the capon tha nipple, and did not say anything about it to his brother. Isabella Allan a'so gave evidence, saying that she tent her daughter to telephone for the doctor. ~- , ■ . ■■.

Dr Cunninghame stated that about half-past o p.m. on Sund.y he received, s telephonic messag -. from Portobello thst a child had been shot.. He reaohed the house about 6 o'clock p.m., and /ound the body lying on its b»ck on the floor of the room. There-was a large quantity of blood around the head. On tha left side of the head there was a large wound 3in by 4in between the eye and the e»r. The bones of the skull were very much broken np. Ou the right side of the head, behind and above the right ear was a large wound. Through both wound* brain matter appeared. In the skull, at the back of the head, witness found FomeNo 2 shot. He also found some shot lying on the floor, and iv the wall of the, room 4ft or sft from the floor. The cause of death was injury to tbe brain from sbot passing through. From the wounds m the head and the shot marks in the wall th*; muzzle of the gun would be probably about 3ft from the fl.-or when discharged. The charge wa3 probably ficed from within 24ft of the head. .

t The jury, without retiring, returned a verdict that " Deceased was killed by the accidental discharge of a gun."