THE FATALITY AT STOKE.

Colonist, Volume XLVII, Issue 11433, 12 September 1905, Page 2

THE FATALITY AT STOKE.

THE INQUEST. Yesterday morning an inquest was held at tbe Courthouse on tne body of Charles Mills, who was fatally shot at tbe Wakatu Mounted Rifles' rauge on Saturday afternoon, before Mr H. Eyre Kenny (Coroner), and a jury consisting of Messrs H. Atmore (foreman), H. Nalder, E. T Savage, and G. M. Simpson. Sergeant Dougan represented the Police, Mr Fell appeared for the Defence Department, Mr Maginnity for Cuptain Trask (Wakatu Mounted RHies), and Mr Machell (Adams and Kinydon) for the relatives of the deceased. Lieut. - Colonel Wolfe, 0.0.D., at the request of the Coroner, occuried a seat on the Bench. Mr Kenny conducted the enquiry. After viewing the body, evidence was called as follows: — The Coroner explained that he would conduct the enquiry, as some of the military officers had declined to give evidence to the Sergeant of Police, as a military enquiry was to be held. He did not blame the officers in tbe circumstances. Sergeant Dougan said the officers had given him every assistance. Captain Arthur Trask, of the Wakatu Mounted Rifles, stated that the rifle range was a private one, and that he was present when the accident occurred, but was not in charge of the firing party, Lieut. Ching, of the Stoke Rifles, being the senior officer oo the mound. The first lieutenant of the Mounted Corps was in charge of the troop, witness being in attendance on the guests. His first intimation cf the accideut was from Sergeant Bell, who informed him something was wroug with the marker. Witness instructed Bell to gallop to the butts, and when he r<--'.::'_ed there he started waving a ..' 1 flag. Witness then knew some- . ing was wroug, and went to the uutfcs himself. On arriving there he saw Staff Sergt.-Major Redmond and asked him if the marker was dead. Sergt-Ma jor Redmond replied" Yes," and witness sent for a doctor. The body was then placed in a trap and brought into town. Dr. Orford met the body on the road. When he got tc the butts the body had beon removed to the mound. He saw a wound in the head. By Sergeant Dougan : The range was constructed by Corporal Delaney, Q.M. -Sergt. Ruff.and Trooper Black, acting under instructions from the Company. The men drew their own plans. Witness first saw tho butts after the man was shot. Witness, in describing tho butts, said there was an ordinary canvas target, a pit for the marker to retire into, with a roof. The head cover was a steel plate, with about two feet of earth on top of it. The usual formalities iri connection with the shooting wero complied with, there being a danger flag at the butts and at the firing point. Witness considered the work as constructed afforded sufficient protection to the maike . He would not say the maiker wps safe at all points of the trsnen. The marker would not, perhaps, be safe where he went in, there being about six inches of rough iron, which he did not think sufficient. He did not observe any bullet holes in the iron. The danger flag (produced) was similar to the flags used. The flag used at 600 yards could be s«en without deceased getting into the danger zone. The opening to the pit comes out in front of tbe target. Witness bad not had much sxperience in regard to the protection cf markers, although he was acquainted with the duties of a marker. It was the duty of a marker aefore coming out to wave the danrer flag. There was a bugler on the ground. If the marker carried out nstructions, he would have had room without exposing himself. Ie could not say whether tho marker jruild have marked with the disc ussd without exposing himself. With an experienced marker like deceased be considered the placesal'e. Doceased came towards thn firing point during the progress of tbo match, and tVRnt back to tbe butts, as it whs not finished. By Mr Keil : The property iv which the "butts are erected belongs to two members of the corps, and the range waa erected for use of the corps without referenco to tho Department. By Mr Mas>inuity: Evory proper precaution was taken during the firing, all taking \>art being experienced shots. Mills hau been marking for the Compary three or four years. The flag shaft *-was long enough to be used with safety to the maiker if he had bfldit up f rom a safe part of the mantle. " By the jury: The standard pro duced was about tho usual length,

Dr. Andrew said he had examine** the L^dy of de-.Guu_.ed, who Was killed by b& bullet passing through^ bis brqin 1 ,, death bejhg inst&ctaiieouf-.: i- By .Sergeant Dougkn : Hij had sefeh the range .at Stokie;. He found a piece of scalp undsr the roof of the shelter a few inches inside. If deceased had beeu standing where the piece of scalp was found witness considered deceased would be in danger; He considered deceased would have •to go two feet into the danger fcone bafor« he could see tho red tiag at the firing point. .The marker could uot hold the flag straight up without being, in danger The position of the flag as shown witness by Bell was outside the butts, A man struck by a bullet would probably drop the flag; He believed deceased was drawing back into shelter when the bullet struck him. Witness would not mark there himself, because he did not consider it safe. He had had no experience of marking, etc. At this sttage the jury expessed a wish to visit the scene of the fatality, and the inquest was adjourned, The (Joioner, jury and several cf the witnesses drove to Stoke in the afternoon and inspected the butt arid the 600 yards mound, froni whence the firing was proceeding. The inquest teSurfaed iit 4.15 P-tiii Staff Sergt.-Major Redmond, mounted instructor, Nelson district, said he was present at the private range on Saturday, and at the 600 yds firing mound on two or three occasions during the firing. Somewhere inear five 6'ciock he went to the lihound tb see. how the scores were going. Saddier Corporal Dickson had just risen, and there were also present Sergt. Calder, of the Stoke Rifles and a private of that corps, and in rear of the mound Corpl. Machirus (Stoke Rifles), and Trooper Aiborough (Wakatu Mounted Rifles). The latter were waiting their turn to fire, being the last two men of the match. On Dickson rising witness aoked him what his score was. In stating his score Dickson remarked that his last shot had not been marked., In watching the mantle for a signal witness observed to Dickson : "It must hatfe been a miss," and he thought Dickson agreed it was. He then left the mound and heard another shot fired, and after a lapse of about a minute another shot rang out. Witness then went back to the mound and asked the Sergeant in charge if the last two shots had been answered. The sergeant replied in the negative, adding that there had been no movement iv the butts. Witness asked Corporal Macbirus i whom he knew to be a good shot, to put a shot on the target for him, Witness heard the shot strike the target, and after waiting for tbe hit to be signalled witness said : "The man is either asleep or shot." He told Sergt.-Major Healy that they could not get an answer from the butts, and said he thought something was wrong. Sergt. Bell galloped round to the butts, and he noticed Bell wave excitedly, and he at once concluded the marker was shot. Quartermaster Sergt. Ruff, who was on the mound, went witb witness through the tide to the butts. Ruff arrived first, and wher witness got to the target the bodj had been removed from the trenct and placed on the grasa. Witness went into tbe trench and examinee the mantle for a shot hole, but wai unable to find one. By the Coroner: Witness was thor ougbly satisfiedjlthac complete fir. control was being carried out at th< °firing point. He had examined the marker's protection carefully, and ir his opinion adequate protection wai given up to a certain point only, From a foot in from tbo edge of thi mantle he did not think there was enough protection. He considerec the head corner should have beer carried further,or tho target brough nearer the mantle. To within a foo from the edge cf the nn.ntle he considered it safe from penetration Had he been responsible he would not have constructed the butt in that manner. He would have sug gested a trench directly under th( target, or if that class of trench was dug he would have had the target ai the deepest end of the trench. By Sergt. Dougan : Shortly befor. Dickson fired there was cheering, complimentary speeches being made by the guests. He believed tht firing was going on while the cheer ing was taking place. The mnrkei could be communicated with bj whistling or calling. By Mr Maginnity:"' The markei could make his danger flag visible standng about 6 or Sft from the centre of the target. By Mr Machell: An experienced marker would take more risk than i new marker. A very little risl would bring tbe marker into th< danger zone. He would havo suggested improvements before he woulc have passed the marking arrange ments. By the Jury: There were no regulations laid down as tc length oi discs to be used for marking. Witl the existing state of the trench he thought the flag staff should have been a littlo longer. If the markei was marking on the top left hanc corner the marker would be taking more risk than he would have carec" to take. By Mr Maginnity: Tbe position oi the marker's feet led him to believe that he was oustide of the eafetj mnik. Staff Sergt.-Major Healy, drill instructor, said he had had 28 years' experience of rifle ranges. He selected the site of the range, aud showed how to cover the marker'E protection, but he never inspected or passed the arrangements as a safe concern. He considered the trench was safe. By Sergt. Dougan : He thought tbe flag staff used was sufficiently long, and tho marker could signal the firing line without danger to himself. He advanced a theory that perhaps the marker had dropped the flag after signalling, and had exposed himself on reaching for it. By Mr Maginnity: Tee marker could at any time give the danger signal to the firing line, and at the same time remain in perfect safety. Witness detailed the regulations as to firing, danger Hignals, etc. As an exrerienced soldier he was prepared to mark at the "butts as they exist at present. He considered tbe present position afforded sufficient safety to the marker. By Mr Machell: It was not part of his duties to instruct markers. Quartermaster Sergt. Ruff, of thei Wakatu Mounted Rifles, sa^d bo was in the trench during part of firing.. He found no difficulty in marKing without exposing himself. While in tbe trench be saw deceased rnork three shots, and he thought he marked out too far. Witness took the disc from deceased nnd marked himself. Deceased asked witness, "who Bent him up," and witness replied Adjutant Trask, as the latter was not satisfied with the marking. He considered he was in a position of perfect safety when he put tbe flag on the "bull." By Sergt. Dougan: He did not know when he left the butts whether they had finished shooting or not. The deceased was perfectly sober. I By Mr Maginnity : Deceased ap- ; peared satisfied with the butts. The inquest adjourned at 6.15 and resumed at 7.30,, when Sergt. Bell was called, and stated he received orders from Captain A. Trask to go to the butts and see what bad occurred. He found the marker lying full lr. <;th on his

back, 0 quite dead.s (Witness during the afternoon , pointed out tp the CoronerM&tfirjury the pfcfcihon ©f thS body and the tianger flag). He assisted to remove the body from the trench: tie wag sure there wns ati officer pr N.C.O. in charge of the firing:; line .during the' whole of the match".. :;.:::.?.: . By Sergt. Dougan : If a. marker* does his duty he marks all shots. .By Mr Maginnity: Evory proper precaution was taken at the firing pointi He considered the mantle as prefectjy safe,: except about 0 inchei to a foot ,at the end near the target. It was unnecessary for the marker to place himself in danger to fulfil his duties.' By Mr Machell: Any man marking must exercise care. He would not mind marking there*, but he would want a longer flag. By the Jury: He considered a man could mark with the flag used with perfect safety. Tbere were no shots marked after the cheering. Captain J. L. Ching, Adjutant of the Mounted Battalion, stated in reply to Sergt. Dougan that he had had 14 years' experience in building butts. He had seen the butts at Stoke, and considered the -trench and target were not built on good lines. The shelter wasjTsufficient within a foot of the edge near the target. The construction of the butts was faulty. The target should have been at the other end of the trench. By Mr Maginnity He considered the flag pole too short. He saw the danger flag several times during the shooting. Tbe marker would need to be on t'ho edge of the mantle to show the flag. By Mr Macbell: He would not care to mark theie himself. It would be safe enough if tbe pole were long enough. By the Jury: With the present flag staff the danger signal might be missed. Sergt. Calder, of the Stoke Rifles, who was in charge of the firing party at the time of the accident, stated that the marker never put up ithe danger flag while he was in [charge. Whon the score sheet was handed to him by Corpl. Sharland ! the latter remarked that Dickson's shot had not been marked. He asked one of tho men to lire a shot over the target, but it did not bring the marker out. He then asked Corp. Mauhirus to fire at the target, and this shot was not marked. Witness spoke to Staff Sergt. Redmond, who aßkod Machirus to .fire another shot, but there was no responso. By Mr Maginnity : Every precaution was taken for the safety of the marker while witness was in the firing line. § Corpl. Nesbitt, brother-in-law of deceased, described the position of the body when he first saw it. He assisted to carry the body from the trench. He considered the outer edge of the mantle unsafe. He noticed the trench and the target were not parellel, so that bullets from the 600 yards might search the interior of the shelter. By Mr Machell : He would not care to mark in the trench. By the Jury: He did not consider tbe flag staff and disc long enough to ensure the safety of the marker. By the Coronor : It would not be possible to show the red flag to the firing parly and remain in shelter. He knew 1.-is because ho had tried it with M r (kyden. Captain If-.. 'V. Trask, District Adjutant, slated thi.t the Defence Department had nothing to do with the range, although one of the instructors had been allowed Ito render assistance. The range was in no sense a Government range. Soon after the match started on Saturday he had occasion to go near the firing point. While there ho noticed the careless mannor in which the marker was carrying the red flag, and the careless way he was signalling. He drew Sergt.-Major Healy's attention to this, and not being satisfied sent Quartermaster Sergt. Ruff to tell the marker to bo more careful. By the Jury: The marker was carry in the danger flag partially folded up. Witness said that before the firing commenced he asked Sergt.-Major Healy if the range was safe, and the latter said "Yes," and also that he would mark there. Lieut Clayden, of the Wakatu Mounted Rifles, lemembered the hour of the accident, and knew Corpl. Nesbitt. He did not remember Nesbitt asking him to hold up the flag at the 600 yards mound. It was not dark when he left the range. Constable Fitzsimmons gave evidence as to measurements, etc, and described the butts. Counsel addressed the Jury, and the Coroner reviewed the evidence. It would be the duty of the Jury to ascertain how Charles Mills came by his death ; if possible, to say the immediate cause of the accident; if there was any negligence on the part of any person or persons connected with the Wakatu Mounted Rifles; if there was any negligence in the construction of the butt, also if there was any negligence at the firing point, but there was not a particle of evidence to prove this. There could not be any blame attached to the officers of the District for the accident. .„' Tho Jury retired at 10.35 and returned at midnight with the following verdict:— "That the deceased Charles Mills was accidentally shot dead whilst acting as marker at the Wakatu Mounted Rifles' private range at Stoke"; and added the following riders: — "Whilst not considering tbat the construction of the shelter pit and cover contributed to the deceased's death, we are of opinion that the construction is faulty, and that the range should not be used again until provided with better appliances, and inspected and passed by a responsible military expert. We are further of opinion that all ranges should be so inspected before being used, and that firing parties should have better means of communicating with the marker than existed at this range; and (2) we would draw attention to the urgent necessity for providing drainage facilities on sanitary lines from the morgue." 5 In concluding his remarks at the inauest last evening, the Cordner (Mr H. Eyre-Kenny) complimented the typist, Mr H. Kirk wood, on the rapid and skilful manner in which he had taken tho evidence at the inquest. It is understood that the Wakatu Mounted Rifles intend to pay the funeral expenses of the late Mi* Mills, and also to bo present unotlicially at the funeral, which is to take place to-morrow afternoon. Yesterday Majors Morice and Broad visited the scone of the, fatality. Telegrams of sympathy have been received by Captain Trask from Captain Deck, of the Motueka Mounted Rifles, and Adjutant Bryant, Ist Nelson Tnf'tnkrv R.if kn l i n n .