The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1859-08-30 00:00:00

PORTLAND.

A MAN KILLED Hy A SIIOT PROM THE
BLENHEIM, SHIP OF WAR.

GRom NEGLIGENCE.

On Thursday last an immest was held at the Royal
Breakwater Hotel, Portland, before F. r. Steggall.
R. 1., coroner, on the body of a poor fellow named
Thomas Flisher. employed in connection with the Break-
water works, and who hail been accidentally shot by a
aix-pounder from H. M., Blenheim, on the morning of
the same day, while the gunners were engaged in the
practice of target shooting. Ova:ascii was a *ober. re-
spectable. and trust wortlgy person. and has been employ-
ed in the Breakwater service for the past eleven years.
Ile leaves a wife and family to rn his untimely end.
The facts of this very serious case will be gathered from
the following evidence taken at the inquest :
John Cmole, Esq., said : I sin chief engineer of the
Portland Breakwater. This morning I was proceeding
in a galley, usually pulling four oars, from Weymouth to
Portland. There were in the boat at the time three
other persons besides myself, one of whom was the de-
ceased. I was steering the usual course from Weymouth
to the Breakwater landing stage, having, as usual, to pass
close to Her Majesty's ship Blenheim, mooned not far
from the Breakwater. When about from WO to 7(5)
yanls from the Illenhbini, my attention was attracted by
the flash of a gun, and the appearance of a Abut coming
directly towards the boat. The shot I saw t dis-
tinctly be fore the boat WAX struck. I called to the man
" There is a shot coining directly inwards us," mud as soon
an I had warned them the shot entered the starboard bow,
about half way between the gunwale and water line.
From the direction in which I saw the shot coming my
belief is that it first struck the water. When I first

sow the shot, the bow of my boat was pointing not far
from the Blenheim's stern. Thomas Flasher, the deceased,
was struck from the thwart on which he was sitting, and
the shut appeared to me to glance off to the right. In-
stinctisely, when I saw the abet coming, I pulled my
left band to "cant" the but off from it as far as I Was
able, but of course there was not time for the boat to be
influenced by the rudder. On falling into the bottom of
the boat deceased exclaimed, "Oh I dear I my leg 1" or
my back--is broke." I don't know which. Not percent,-
ing much blood, I asked the man who was sitting nest
to him if be bled. The answer was " Yes, a great deal."
Sly impulse was to more hila and try to stop the bleed-
ing, but feeling we were so near the Blenheim, where
surgical aid 'night be obtained. I determined not to more
him, lest the flow of blood imight be increased. By this
time it appeared to one that tine catastrophe had not been
perceived from the Blenheinn. I accordingly rose and
waved nay bandkerolnief as a signal to prevent any fur-
ther tiring,. I then took a third oar, and with the men
pulled to the Blenheim as hard as we could, and bad the
deceased taken on board, and put into tine charge of the
acting surgeon of the ship. Linder his care it appeared
to or that every attention was paid to tine deceased.
Whilst on board the Blenheim the position of the target
at which I was told the linen had been firing, was pointed
out to nine, and so far W. 1 can judge of the position of the
boat at the time she was struck, we most have been con-
siderably to the eastward of tine line of fire—perhaps one
hundred yards. The target was very much nearer the
Blenheim than we were at the titue tine boat was struck.
No shot had been fired (nom tine time we left Weymouth
to the time when tine accident occurred.
Alexander Murphy avid Inc was assistant surgeon in
medical charge of H.M.S. Blenheim. About a quarter
before eleven that morning lie was summoned to see a
man wino had been brought on board, and win.. had
been shot. Decesised was placed on tine quarter deck,
and Its wonnds were examined by witness. Fr 4.111 the
nature of those wounds tine case was quite hopeless.
He found a wound iniumilintely above tins, 0.. saerass,
the spinal coluiuu was shattered, and there was pro-
fuse hemorrhage. No large blood vessel hail been
wounded, but a multitude of small WWI. Tine deceased
died at twenty minutes to twelve from the shock and
from loss of blood. Every effort was made to chock the
hasmorrinage, but u it proceeded from a multitude of
anull vesselg, the man mink under it.
Edward Jenkins tehl Inc was coastguardsman residing
at the Hill Station, Portland. On that morning he was
on board tine Blenheim for practice. He was No. 1,
that is captain of one of the guns. There was a target
placed about sixty yards from tine alaip. Could not say
'slimily tine hour, but thought it was between nine and
ten o'clock when Inc commenced firing. The target was
placed at the usual distance for the description of the
gun they were using. They practised that morning
with • six-pounder brass gun, using six-lb. iron shot.
Witness had orders from the gur.ner's mate to point the
gun at the target, and to fire "when he had los object
on." As soon as Inc saw his object he fired. From the
position in which he stood it was quite impossible for
him to see any boat or other object approaching the
vessel. He fired once, and loaded the second time
before he was informed that someone had been shot. In
firing that morning he was only obeying the orders of
his superior officers.
George Litton, gunner's mate on board the Blenheim,
said the same target had been used for abort practice
during the paint week. On that morning he commenced
firing with six-lb. iron shot from a brass six-pounder
with a fonz-ounce charge of powder. From the position
in which he was standing he could see to the left of the
target, but not any object to the right, and therefore
could not see any object coming from Weymouth. Did
not know whether anyone had been placed to look out
or not. The last witness fired under his direction that
morning. He fired two shots only before deceased was
brought to the vessel. Heard nothing of an accident
having happened until the boat came alongside. After
the first shot he (witness) jumped to the rear of the gun
to follow the direction of tine shot. and he then saw •
gentleman holding up his handkerchief, and not supo-
sing the boat was within range, the second shot was
fired. Mr. Smith, the gunner, gave him his orders that
morning to fire short ranges, and he was acting entirely
under his orders. %%lien the first gun was fired there
WAS no boat in line with the target. When Inc saw the
g mtletnan in the boat bold up his handkerchief it was
50 or 60 yards out of the line of fire. The shot shook
the target and then "canted" off. From his experience
as • seaman anni gunner's 'nate of 14 or Ei yearn,' stand-
ing, Inc had known shut strike the water and then cant
off as far as fifty yards.
Benjamin Jenkins, quarter-muter of tine Blenheim,
stated that it was his duty to place some one to see that
tine range was clear for practising the great guns, but
not for the six-pounder gone. No report was made to
him by the gunner's nate that firing was about
to commence, and in consequence he did not order •
boy to look out. It was not customary to place • signal
boy when they were practising short ranges from the six-
pounders alone. Did not remember having ever placed
a signal boy during abort range practice since tine
Blenheim had been in Portland roads. Had beer. on
board the Blenheim eighteen months.
Thomas Smith, gunner on board the Blenheim, said it
was lain his duty to attend to the firing, or indirect
those under him to do so That morning they fired
with a brass six-pounder from the starboard gangway.
After the first shot bad been fired two or three minutes
lie went on deck with the intention of seing how the
tiring was going on. Just at the moment when they
fired the second gun, he said to Litton, a former witness,
" How are you going on?" He replied that • shot had
gone clot. to Mr. Coode's boat. Witness said, "Is it
possible —did it strike the boat ?" Litton, with tine
gun's crew, said " No, it went about ten yards to the
right of the boat." It was usual to appoint a signal
boy to look out to see that the range was clear during
practice. It has been the practice on board the Blen-
heim to appoint • boy to look after tine six-pounder
range. Could give no reason why it was not done on
this occludes'. It was customary for the practice to be
carried on without the superiutendence of superior
officcrs. It was the system of the ship to keep a look-
out whether they were bring long or short range.
This closed the evidence which was then lucidly
_ .

suiumed pby Mr. Stegall. Ho next proceeded to ex-
plain the difference existing in mw and fact between ex-
cusable homicide and manslaughter. Of the former
there were two kinds—homicide by misadventure, and
homicide in self-defence. Homicide by misadventure
was where • man, doing an act, without any intention
to inflict injury. unfortunately killed another.—When
the act was lawful, and was performed with due caution
and in • proper manner, and without intention to do
bodily harm, the effect was simply accidental. On the
contrary, if due care was not exercised, and proper pre-
cautions not taken to prevent accidents, the offence
would amount to manslaughter.
The jury, after deliberating a short time, returned •
verdict of " Excusable Homicide," at the same tune te-
questing the Coroner to represent to the Lords of the
Admiralty the negligent way in which target practice
was conducted .ot board H.M.S. Blenheim, thereby en-
dangering life and property in the roads, and to beg their
Lonlahips to investigate the system.