The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1879-09-30 00:00:00

A BOY SHOOTING HIS BROTHER.

COMMITTAL FOR MANSLAUGHTER.

A most deplorable gun accidentoocurred on Saturday
week, at the George Inn, on the Quay. From the
evidence adduced at the influent it seems the deceased
and his slater were playing with the baby in an
upstairs room when the elder brother came into the
room with a gun, and put • cap on. }le then got on
the bed and whether he pointed it directly at his
brother or not, does not from the evidence seem
perfectly clear, but at all events the gun exploded
whilst in his hands, the charge of shot entering the
neck of the younger brother, causing instantaneous
death. The particulars will be learnt from the evidence
given at the inquest.

THZ INQUIST
Was held at the Guildhall on Monday afternoon.
before G. Symonds, Leg., the coroner for the district.
The following gentlemen were sworn on the jury :—Mr.
R. J. Wright, Mr. W. Hank Mr. A. Davis. Mr. K. L..
Leaning, Mr. J. H. Newport. Mr. H. A. Randall, Mr.
J. Short, Mr. W. K Paull, Mr. Francis Theistic, Mr.
J. IL Butt, Mr. W. King, and Mr. J. Miller.
Mr. Wright was elected foreman of the Jury. The
following evidence was adduced :
Florence Hines, • little sister of the &massed, sald
live at the George Inn, the Quay. My father is • land-
lord. The accident happened on Saturday afternoon I
was upstairs in one of the bedrooms. My two brothers
and Albert and the baby were with me. We were all
playing with some toys when my brother William come
up. Ho cams into the room with a gun and said "11l
shoot you, Bona, He then got up on the bed. Bartle
was with the baby at the loot of the bed at the Lima
William then went down-stairs, leaving the gun on the
bed. lie was gone two or three minutes, and when he
came hock the gun was still on the bed- Bartle took it
up while William was downstairs, but he put it down
again. He did net point it at anybody; when Willie came
beck he took up the gun Dorn the bed and put on • cap.
He then held it up in the air, with the muzzle pointing to
the ceiling- Willie erne on tha bed at the time, and fell
backwards and the gun fall on the floor and went off.
Bertinwho was standing at the foot of the bed, was hit in
the neck. He fell down. I was last outside the door,
which was open. I screamed and ran down and told
mother. Mother came up and lifted Bertie up; whilst
Willie was putting on the cap he did not nay anything. It
was Mr. lingg s gun, and Fred Hayman brought It down.
I dent know how long it has b.-en in the bonen and I have
never seen my brother handling it before. I had never
seen it until that day. When the gun pitched on the
floor and went off the gun was only • few feet
away from Bertia. I am not sure it did not go
off before it fell on the floor. My brother Bertie was nine
years old.
Mr. W. ight (foremen): DUOS the child know the nature
of a gun cap t

Witoe. se reptied in the affirmatige. Willis said he picked
un tbo cap lathe yard. He said that before the gun went
off llor mother had a cap the dny before in the kitchen
and tri-.1 to crack it off. Willie bud one too. and they
were seeing which would go off first.
ale. Weight: The child doss not seem very clear as to
whoa the gun wont off. I understood that the gun kicked
ant three 'La by hurt.
Thu C : I understood so at first, but it now seems
. .

Mr)tUler: I don't think the child really knows what
did take place.
In answer to the Coroner the +Mesa said when her
mother and brother were making the caps "go off- they
did not hare a gun, but exploded them with a chopper. ,
Mrs. Hines, who cried bitterly dnrinx the time she gave
her evidence, waa then sworn. She said: My husband
k,rpv the George. The deceeard iv my son. I knew the
children were up-stalrs at play. They were minding the
baby. Whilst I was down-stalrs I beard a noise like •
table falling against a tray. I rushed to the foot of thi
stein, and I heard the little girl cry out. She said, "Oh I
mother, Billy has hurt Bertha He has shot him with •
gun r raa up-stairs, and met Willie coming out of the
room. Ile put his arms round my neck and said—" Oh I
mother, I have shot Berths; but I didn't try to do it." I
went into the room, and found litirtie lying on the floor,
Uthefootof the bed. He was dead. and I tried to lift
him up. Th• gun wee then on the bed. I ran down-stairs
and said—" Go for a doctor; my child is shot.- Dr.
Simpson and Dr. Tisard were there very eons. Willie
came down-stain and was dreadfully frightened. He wu
like a little deed boy. When his father came home be
told him he bad the gun on the bed, and it went off and
knocked him backwards. The gun had not been there
more than half-an-hour. Mr. hymen's little boy brought
It to my busbund, who was going to buy it of Mr. Lull.
Then was no other gun in the house. When it we.
brought to the house I told Willie to take it to my bed-
room and lack the door. He then went into the bar. and
'erred three men with some bear, during which time he
put the gun in the corner. He then took it up-stairs. I
saw no more of him until I heard the note*. It is quite
true we were trying to crack off some cep in the kitchen
with a chopper. They were no good. They came from
the stores, where Mr. Lagg had his things. We had six
altogether, end only let off one; the others being of no
use. The rest, as far as I know, were thrown in the grate.
The Coroner • In the account which the boy gave to his
father, he said *he pot • cap on the gun.
Witham : It was sew which he got from the stores.
Mr. Short: Did you know the gun was loaded?
Witness : No, sir, I did not I told him to put it in the
bed-room and lock the door because I veal a-bear cum
Mr. Wright (foreman): Who had Mr. Hayman's boy
rewired taw gun from
Witows : I don't know, sir. I didn't ask him.
The Coroner : How long warn it after You told the boy to
take the gun into the bed-room that you hoard the nobte
Witness: I should not think it was half-an-hour from
the time the gun came into the house till the deer boy
was dead.
_

Of Mn. Hines stye the sun was Os the bed,
and the little girl sald it was on the door.
The Coroner : In order to reconcile these two state-
ments, somebody most have taken it op and put it on the
_ .

Fred Hayman said: I was down in th• stores at the
George on Saturday morning, and Mr. Lagg sold —" Will
you go bone and set th• gun, as I have sold it to Mr.
Hines r He went home and got It. It was
barrelled gun. I took It down to to. George ni:d!kiel'r.
Lugs was licnrn at Mr. Loaning's. William Hines took
the gun from me, and went into the acres and fetched •
ramrod, He put it about half way into the sheath. He
went half way down the pigs, and than tenon round
and pointed it at m• in fun. I sold "Don't play any
pranks, end put it down." He took the gun from his
shoulder, and wont into the Muse. I did not see any-
thing more until I beard what hod happened. ladid not know
the gun was loaded. no gun has been In our house about
two or throe months. Mr. Lugs had sold it to Mr. Hinaa
The gun aria rust all over. My mother gave it to nae
when I went home after It. She took It flan the cup-
board where father lumps his guns. There wee no cap on
It when I let William Hines have it. During the two
months my father had it at our house it had been lent to
the theatre.
The Foreman: When William Hines went into the
stores to get the roman how Wag woe be gone,
Whams : Not • minute.
Tht Foreman Do you know if there is some food.
sod shot kept in the stoma
WHAM= : I DIM sew any.
The Foreman And you did not am him with the pouch
belonging to • glut
Wit....: No, sir.
Me Cormier: Th• (mastics is what was the state of the
gun on Saturday.
Dr. Simpson &posed : On Saturday last at ttolf -post one
I was called to the hones, and when I arrived I found to.
doomed had been hilted from the door and piposd noon •
wad at stretcher, farmed by two choirs. Hs WM quite
dead. I found • wound oath. right side alto, back of
the neck, which passed quite through to tho left ads. On
introdadag my gagem into ths wooed I found it had
completely shattered the mien cord, carrying away two
softens., and the large noiels of the lift side of the
seek wer• also shot through. Donk mast have been in-
s...a.m. TM wound on the right side of the neck
was singed with the powder. It we• • Mad of wound that
• charge of slot would produce. The mauls of to. ran
MOSI have hew very close to the neck es indicated by the
discolcurotion ef the wound, and from the direction of the
w°ool the Irtta OMR have been horisontal, or nearly so,
When Med. .

-
BaPP:wlng the dammed was Media; at
the toot of the bed. and the gun fall on the loot and Mm
exploded.
Dr. Simpson It would have been impossible that snali a
wound could hare been produced. It was straight from
one side to the other.
The Foreman: Would it ham been possible that Ma gun
fell and exploded in the action of falling.
Dr. &mown :Oh I see that might have been. There
are marks on the well about the level of the heed of
a boy of niaa Tam of age that would have been Pro.
dared by the shot. (Produced owe of the shot which be
plated up in tie ream.)
Yr. Butt weineeeni ths
estib possibility of the charts of PT'
der galcslimg Ms ey.
Dr. sadthe/ Wahl Wm Its. • matter of het
Nog predeead NNW Weed the neck.

P.O. Rumford mid: On Saturday! wont to the George
Inn about a quarhir pest one. I went into the house, and
upstairs to the bed-room. I saw the deceaaed lying on the
floor apparently dead, and blood Bowing from his neck.
Ho we. lying near the foot of the bedstead 1111 though he
fell there first. His mother was thereand the boy William.
I *aid W.o did it, wad the boy said "I did it; I shot
itim." I enquired for the gun and the mother produced it,
and gars is to me on the landing of the ateircase. I
examined It. and found It one half-cocked, end appeared
to here been recently exploded. I afterwards made an
examination of the room end found • number of 'hots.
Souls fell from the bed clothes and some on the floor.
They were bettered as if they had bean affeinit the wall.
(Of the shots which were much altered 70 or 80 were
produced. A cap which had been exploded was also pro-
duced.) There were also mark. on the iron bedstead lie if
It bed been struck be the shot I also found • wooden fix
In the house. containing styli, GSM and c'te ttede To.
abate corresponded with thou found on the floor. I could
not find any gun. wadding in the room.
Mr. Hines said he was willing that his son should be
examined.

The Coroner: I cannot hear anything from him exckt
It be upon oath; and wo have now pretty nearly enounli
evidence as to what may he termed the cause of death. If
the boy volunteers himself as a witness. it svould he right
fur me to caution him, and on behalf of the boy I would
therefore caution you, and advise you that before he ten-
der. himself for ex anaio•Uon as • witness, be should be
advised by somebody on your behalf as to what he should
do. I don't think it is important he should be called. We
take at foe granted that he did not know it was loaded,—
God forbid that he did.
Mr. Hiss.: Very well then, sir; let it slopes it ti
The Coroner, having reviewed the evidence, sold he was
sure be was only 'peaking the opinion of the whole jury,
that it was one of toe most serious and lementable caoca
that one bad ever I ail to enquire into. The Moot,' qua-
boo wait—Firat as to the cans" of death. Toy could not
have any doubt that the eau-e of death wan the explosion
of the gun, and he supposed they could not have any
doubt on their minds, from the evidence brought before
them, that the gun was in the hands of the boy William
likes, at the time of the Explosion, and that that explo-
sion caused the death of the deceased. Then fame the
Question as to whether William Hines vies reepousible
for the poor boy'. death; and in considering the quostik
of bourn there would he the two points to be considered,
as to what was Accidental. and what was the consequence
arising from the act He did not know that he could
suggest to them as to what was accidental or any other
definition ot the term, but this—that accidental eircuin-
stances must be something that did not uias from the act
of any person, that was things arising that aobo ly could
control, which did not arise from the act of anybody,
either salve or passive. Therefore if a carriage ran away,
mad ran over somebody, that would in every way be
accidental; or &gala lEa man tumbled over • ladder, that
would be an /occident, unless he did it on purpose. In
this ease it was the Coroner's duty, hard as it might
imams, and to explain to them the law upon the subject,
nay warns death arising from the act or culpable neglect
of somebody. He did not know he could better explain it
to tioem than by pointing oat to them the distinction,
bearing in mind there was • vast distinction, between
murder and manslaughter. In order to constitute •
murder there must be malice aforethought and the
Mr"tamust intend to do the act, With regard e In-
to th
, be would advise them to dimities that from their
minds. There was no evidence of intention on the part
of the boy to take the life of his brother. Well, then,
what constituted manslaughter? It had been very well
defined as the unlawful killing of another without any
malice expremed or implied. That we. one definition.
Then came what was termed involuntary manslaughter,
where a man doing an unlawful act amounting to • felony
by accident killed another; or whether a person doing a
lawful act (which at the same time was dangerous) neg.
'acted to use proper caution, and death ensued thereby.
Presenting a gun we. not an unlawful act if it were
empty but supposing the person presenting the gun did
not take the precaution to sacertain whether or not it was
loaded, it became a question whether or not it was not an
amount of negligenoo that made the person responsible
for baying neglected what was so obvious a duty. There
was one case in which that vary point was reasoned,
where a man ands a pistol in the street, brought it bowie,
and imagining from having tried it with a ramrod that it
was not loaded, presented itin sport at his wife, drew the
trigger, and killed her. To a certain extent the two came
were parallel. Here was • gun which went into the boy's
hands and be presented it, or must have dons it—at all
events the gun exploded when in his hands and death
ensued. The case mentioned was a well-known one at
the time, and came before the Court of Criminal Appeol.
Justice Foster doubted tixe,propriety of convicting, as
the man took the precaution of ascertaining whether
or not it was 1, &dad ; but he held, and it clearly
concurred with, that if the man took not that or any
ether tessonialele precaution it would be manslaughter.
In this case the boy. It seemed, went to get • ramrod but
If the boy Hayman was lobe believed, there was nothing
done with it. There MU no reasonable precaution used
In order to see whether it was loaded or not Therefore,
hard,. it might be, it was his duty to put the law before
them, and it was his duty to apply the facto—whether or
not in their opinion from the evidence that had been
given there was an absenk of the ordinary care and
caution which the person ought to use who made use of •
deadly weapon for deadly, if loaded). That seemed to
him to have a very important bearing upon the evidence
soil had been given before them. If a person did an act
not unlawful in itself, so the presenting of the gun, Ikt
omit, the ordinary precaution that weapons of this
peculiar description would naturally require, it was a
question whether it did not bring him within the reach of
the law, and, as in the cam of this boy, make him answer
for shooting hie brother whether or not intentionally. If
they were of that opinion it was for them to say so by
giving a verdict to that effect. If any other solution
should suggest itself to them, they must remember they
were on their oath. and however much they micht wish to
do • thing, there was the oath, and he considered every
man must look to what ought to be termed he duty and
the discharge of that duty towards his fellow creatures.
That we. the case hare. If. did 11,1 think he could
suggest there were any circumstances here which would
make it accidental, and he felt very sorry he was obliged
to tell them what the I is. was. It was for them to glee
effect to it. If they could feel satisfied, according to their
own convictions, anil in faithfulness t i their conscience*,
that there were accidental cirmunotances, when it was
proved that the gun was in the hands of the boy, well sod
good: but if the circumstances carried conviction other-
wise to their own minds, it was • cue in which, sad as it
rakiiit be, the boy most &averse before another court
They were in the position, as it were, of • grand jury, and
the question they were hi consider was, prima /said, was
there cause to put the boy upon his trial
The jury then retired, and, after a short deliberation,
they returned &verdict to the effect "That the deceased
met his death by the explosion of a gun, through proper
precaution not having been taken."

.-Th-e-oCa7cii;;;:—TU-t" will be a verdict of manalaughter
ag.inpt the person handling the gun.
The jury expreened their concurrence in this.
The Coroner : Then it will be my duty to ensure his
"ArtWe at the wise, for the county o( Dorset. I
ever, exercise my authority in regard to ball. for
the boy is entitled toe great deal of commiseration Aswan
u his friend,. -