The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1842-01-14 00:00:00

TIZE IN QUICST

The inquest on the mortal remains of the deceased youth
took place yesterday, in the magistrates' room, in the Ses-
sions-house, before P. P. Curry, Esq., the borough coroner,

and a highly respectable jury of gentlemen. The greatest
sympathy with the gifted and highly esteemed father and the
amiable mother of the deceased was evinced by numbers of
ge itlemen of all parties who attended the investigation, or
criwded the passage to the court—anxious to obtain the par-
ticulars of the melancholy event, and the result of the inves-
tigation. The following is a list of the jury :
Adam Hodgson, Esquire (foreman), CharLs Groves, Tho-
mas Booth, Thomas Forsyth, Charles J. Parker, Charles
Inman, J. A. Tinne, Bushby, Nathan Cairns, William
Jones, R. W. Preston, and John Eden; Esquires.
Master John Ashton, a respectable and good-looking youth
of about 14 years of age, in whose hand the fatal weapon was

at the time of the melancholy occurrence, and w
in the position of defendant in the case, was deeply
—even to tears—throughout the whole of the investigation,
and gave his evidence iu a manner so clear and feeling
with the corroborating testimony, left no doubt in the minds
of those present hut that the infliction of the wound was
solely the result of accident, arising from juvenile imprudence
in the use of a species of fire-arms dangerous even in the
hands of the experienced. The sorrow expressed by him,
from the first, for the fatality that resulted, and his anxious
desire to obtain the forgiveness of his new associate, form
traits in his character second only, in developing a generous
and feeling disposition, to the instant—the noble—the mag-
nanimous-award of that earnest request by the bleeding youth,
who (from his first impression at the moment) appeared to
entertain a presentiment of the rapid cloe of his mortal
career—bright as were, doubtless, his previous hopes, in the
flush of health and boyhood. We should pain our readers as
well as ourselves by dwelling on a subject sufficiently calcu-
lated in itself to excite the most poignant commiseration in
the bosoms of all who have felt the tender symyathies of pa-

lio stood
r affected

rents or relatives ; and proceed, therefore, to supply the

evidence, which was as follows:
Edward Askew Sothern being sworn, said—l am the son
of John Sothern, and we live in Toxteth-park. I was ac-
quainted with the deceased, whose name was Hugh M'Neile.
He was near 13 years old. The deceased, in the begining of
last week, was on a visit to Mr. Edwards, who resides at the
Park. About ten o'clock on the morning of Thursday last,
I called upon this deceased at Mr. Edwards', for the purpose

of going to town together. We started with that intent,-and
stopped a short time on the road. Another boy, of the name

of John Ashton, and who is about 14 years old, went with
me to call upon the deceased, and he had a pistol with him—
the one now produced to the jury. We all then went to a
piece of vacant ground in the Park. Whilst we were passing
along the road to the piece of vacant ground, John Ashton
fired the pistol at a bird in the hedge on the road side. I
cannot tell whether there was a ball in the pistol then or not.
I believe the deceased loaded the pistol after that, and I saw

him afterwards fire it at a bird, but I cannot tell whether the
pistol was loaded with ball or shot. That took place on the
Park•road. I fired the pistol once in the Park-road, but
there was only powder and paper in it. There was no firing
after we left the road. 1 think the pistol was the last time

loaded by John Ashton, but I cannot say where he loaded it
Whilst we were on the plece of vacant ground near Mr

Nolan's, I was talking to.the deceased, when he said some-
thing that made John Ashton laugh. At this time John
Ashton had the pistol in his right hand pointing downwards,
with the thumb of his right hand resting on his pocket. Just
at the moment I heard a report, and on looking round I saw
the deceased standing with one leg partly raised from the
ground, and having his hands to his side. He did not look in
pain, but as if he was astonished, and called out •' Minder."
I asked the deceased if he was hurt, and he called out
" Murder" again. John Ashton appeared bewildered, and
ran off about fifteen yards, and then came back again, and I
went to Mr. Nolan's door, and knocked for assistance. Mr.
Nolan came out immediately, and caught hold of the deceased
in his arms. The deceased was taken first to some surgeon
in the neighbourhood, but he not being in, he was removed
to a druggist, and then to Mr. Bickersteth, the surgeon, in
Rodney-street. John Ashton followed us there. Mr. Bick-
ersteth was not at home, but his assistant saw the deceased,

and Mr. Bickersteth was afterwards brought to him. Soon
afterwards the deceased was taken home in Mr. Bickersteth's
carriage. I never saw the deceased afterwards. The de-
ceased never knew John Ashton before that morning. They
became acquainted through me. They both appeared to be
on a friendly footing that day, and had not any quarrel, nor
did any angry words pass between them. We were ail like
three friends together. I was aware that John Ashton had
the pistol before we called upon the deceased, but be did not
tell me what use he was going to make of it. When Mr.

Nolan was carrying the decease'd to the druggist's shop, John
Ashton kept asking him on the way to forgive him, and the
deceased said he would forgive him heartily. _

Rev. Thomas Nolan said7l am incumbent of St. Barnabas'
Church, in the Park, and reside in Mill-street. On Thurs-
day last the daughter of Mr. Edwards, with their governess,
called at my house to see Mrs. Nolan, and I was informed
by the governess that the deceased and two other boys pre-
ferred remaining out. The moment I heard the deceased
was there. I left the room for the purpose of asking him and
his comrades into the house, and just at that instant a loud
knock came, at the door. I opened the door myself, and
found a boy there, who, I believe, was the last witness. He
evidently was in great alarm, and I think he said that Hugh
M'Neile was shot. I looked round and saw the deceased
leaning against the rails of a gentleman's house close by. I
immediately went to him, without my hat, just as I was, and
observed blood streaming down one of his legs into his shoe.

Whilst I was in the act of lifting the deceased up, he said
that, whilst they were coming along, he had warned or cau-
tioned Ashton not to be pointing at him, or words to that
effect. I took the deceased to Mr. Harhord, the surgeon,
who lives opposite, but he was not in. Between the time of
my raising the deceased up, and arriving at Mr. Harbord's,
John Ashton came ,ap to the deceased and shook hands with
him, and asked him frequently, with tears in his eyes, to for-
give him ; and the deceased more than once replied, and with
marked emphasis, " From my heart I forgive you." The
deceased was afterwards conveyed in a coach to Mr. Bicker-
steth's house, in Rodney-street, where Mr. Bickersteth saw
him, and he was then taken home in Mr. Bickersteth's

carriage.
Mr. Robert Bickersteth, surgeon, sworn.—On Thursday
last, between eleven and twelve o'clock, I was sent for home
to see the deceased, who had been brought there in a coach.
I found him lying on a sofa, and blood flowing from his right
side, from a wound about an inch above the right groin. On
probing the wound. I found its direction downwards into the
thigh. I made efforts to trace its progress, and to extract
the ball—having been informed that it was a pistol that
caused the injury. I then dressed the wound and conveyed
him home. The boys, Ashton and Southern were both pre-
sent, and expressed the greatest anxiety and regret. The
deceased repeatedly expressed his hearty forgiveness to Ash-
ton who had caused the injury. For two days no alarming
symptoms made their appearance. On Sunday he began to
have delerium and fever. On Monday morning ervsipilas
attacked the left hip. This was relieved by the remedies ap-
plied. On the same night the fever increased. On Tuesday
erysipelas attacked the right hip, with appearances of morti-
fication in the centre. On Wednesday morning about four
o'clock he died. On the same evening I examined the body,
and traced the ball from the wound it had originally made to
where it was found in the head of the thigh bone. The in-
juries the deceased had received by the bullet was the cause
of death. _ _ _ _

John M`Donald Ashton being sworn, said,—l am the son
of Mrs. Ashton, widow, who resides in Church-street,
Egremont. I was not acquainted with the deceased before
Thursday last. On Thursday morning last. I said to my
brother, while at breakfast, that I thought I would go and
see Edward Sothern, who was an old school-fellow of mine.
I took with me the pistol now produced to me, and which
had been lent to me the evening before by a friend. He gave
me the case with the pistol in, and he informed me there
were eight bullets in the case. I took the bullets and the
flask of powder with me. My object in taking tha pistol
with me was, that as Edward Sothern was near the shore, I
thought we would amuse ourselves by firing bullets at the
water. When I got to Edward Sothern's, he said to me—
" You have come on an unfortunate morning, as I am going
into town." He told me he had a new companion, and I
asked him who it was, and he said it was the Rev. Hugh
M'Neile's son. I asked what sort of a boy he was. He said
he was a very nice kind of a boy, and if I liked we would call
on him. He said he was stopping at Mr. Edwards's. He
went to Mr. Edwards's, and I then saw the deceased for the
first time. At first he said he would not go to town, as he
had been the day before, but we afterwards persuaded him
to do so. We all three set out together. As soon as I was
introduced to the deceased I told him I had a pistol, and
shewed it to him. On the road into the town, I asked him
if he would like to fire it, and he said" Yes, but you fire
it first." I fired the pistol at a robin in a tree. The deceased
wanted to load the pistol for himself, but I told him he had
better let me do it, as be would be putting too much in it. I
then put in as much powder as I did for myself, and asked
the deceased if he would have shot or a ball. He said lie
would have shot. I loaded it accordingly, and he thought
had put too much in, and asked me to fire it off, and lie would
do so afterwards. I did so, and afterwards loaded it for him.
The deceased afterwards loaded the pistol for himself, and
fired it two or three times. I had previously
given him nearly all the shot I had. After
we had fired some time, the governess at Mr. Ed-
wards's, who, with the Miss Edwardses, had joined us,
in the Park-road. said we had better not fire any more now,
and asked me if I had better not. I said " Yes," and put
the pistol in my pocket. When we got near to the town I
put my hand in my pocket for my glove, and could not resist
the temptation of looking at the pistol, and I loaded it again
with ball only, and did not put the powder in until we arrived
at Mr. Nolan's, when the ladies went in, and we all three
remained ontside. My reason for loading the pistol with hail
was, that I intended to fire it on my return home in the
packet. Whilst we were waiting on the piece of vacant
ground near Mr. Nolan's, I pulled the hammer of the pistol
up, for the purpose of putting a cap on the nipple. The cap
was too little, and I was going to knock it down, when the
deceased said something, and I went close to him to hear
what he said. I had the pistol in my right hand, with my
thumb resting on the mouth of it, the hammer of the pistol
being still up, when the deceased made me laugh, and I bent
down sideways and backwards, and on standing up again the
pistol went off. I am quite sure I had not my finger on the
trigger, but with the motion of my body the trigger caught
hold of my pantaloons, and caused it to go off. The trigger
is a spring one, and stands up on cocking the pistol, and has
no guard to it. The minute the pistol went off the deceased
cried out something. I flung the pistol down and ran away
a little, thinking I could see a druggist's shop. I was so be-
wildered I did not know what to do, and ran back again, and
found Mr. Nolan and Edward Sothern lifting the deceased
up. I went immediately to the deceased, and said, " I did
not intend it, Hugh dear ; forgive me !" I shall be fourteen
years old in March nest.
The evidence being thus concluded, the Coroner briefly
and forcibly addressed the jury, explaining the several points

of law bearing on the case. They had first to decide as to
he cause of the death of the deceased,—of which, he con-
: eived, they could entertain no doubt after hearing the evi-
dence of Mr. Bickersteth, and the admission of the youth
Ashton himself. He explained the four several grades of
homicide, addressing himself almost exclusively to the two
minor designations of the act—chance-medley and m'sad-
venture—which alone, he conceived, applied in this case. He
read an authenticated case in point, and showed that if gross
disregard of human life did not exist when fatality ensued,
the finding should not involve " penal result." He was of
opinion that a verdict of misadventure alone would meet the
merits of this case. He next stated that the jury might pro-
perly impose a forfeiture of, or a deodand on, the pistol—the
instrument moving towards the death of the deceased--and
strongly suggested such a presentatio-i, as being circulated
far and wide, would tend to prevent the use of fire-arms by
the young and inexperienced, by conveying a caution to pa-
rents and others in regard to those under their charge.
On the suggestion of the coroner, all the patties present
then retired, with the exception of the jury,—who forth-
with proceeded to consider their verdict. In about ten
minutes the parties who had retired were re-admitted, and
the jury returned a verdict to the following effect :—That
the dectased came to his death by cause of a wound from
a loaded pistol, fired by misadventure, by John Ashton ;
and that they adjudged that the weapon moving to the
death of the deceased, should be forfeited to the crown.
The following presentment was also appended to the ver-
dict :—" The jury cannot separate without expressing their
earnest hope, that this melancholy event, will operate as
an impressive warning to parents, guardians, and others,
against entrusting fire-arms to persons too young to use
them with safety, either to themselves or to the public."
We learn that on the post mortem examination it was
found that the ball had lodged in the upper joint of the right
thigh bone, a position from which it could not be extracted
without imminent danger to the patient, a wound which is
' usually fatal. The pistol, we may add, is a pocket or small
holster one, with a barrel of about 4 inches in length, and
the round but, bound or inlaid with silver. The bore would
admit a ball of probably a little under half an ounce weight.
That so small an instrument should be so destructive in its
effect presents a strong proof of the caution with which fire-
arms ought to used for the purposes of amusement, and of
the propriety of the recommendation of the jury.
The Coroner, at the conclusion of the investigation, ad-
dressed Master Ashton, who appeared to be in great distress
of mind—stating, that there was no imputation whatever
upon his character arising out of the investigation,—the
gentlemen of the jury, as well as himself, being of opinion
that the unfortunate event was entirely accidental.
During the sitting of the highly respectable jury on the
above case, a report reached them that a child had died from
burning, in Banastre-street, and that the parents were in
n
great distress and destitution. Theyimmediately raised a
subscription in behalf of the poor family.