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CORONER'S INQUEST AT PILLGWENLLY.—…

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CORONER'S INQUEST AT PILLGWENLLY.— DEATH BY DROWNING ATTRIBUTED BY THE JURY TO THE GROSS NEGLECT OF THE NEWPORT DOCK COMPANY. (BY OUR OWN REPORTER.) On Friday last an inquest ;wa< held at the Dock Hotel, Pillgwenlly, before WILLIAM BREWER, Esq., Coroner, on view of the body of a young: man, named Thomas Buruall, aged 26 who was drowned in the Newport Dock, on Wed- nesday evening and as accidents of this nature are of some- what frequent occurrence here, the greatest excitement prevailed amongst the inhabitants of a district known a? Botany, nr Commercial Wharf, many of whom were loud in their complaints of the neglect with which their interests were habituiliy treated bv those whose duty it is to alford every protection to dle public. T. B. Batclielor, Esq., Mayor of Newport Tims. Hughes, Eoq., a principal shareholder in the (las Company; and other gentleine- were present during the inquiry. In order that the investigation into the causes which led to the deceased's death might be fairly c inducted and with- out prejudice to any one, Ihe jury. with the exception of the foreman, were resnectible inhabitants of Newport, who are not connected with the dock or its immediate neighbour- hood, either by residence or business engagements. The following is a list of their names:- Mr. J. N. Knapp, foreman I Mr. William Duggan John J ellkins » Charles Day » William Young Edmond Robt. Holmes „ Benjamin Price » Henry Haines Benjamin Baker William Oldridge i, William L. Kelly Charles Smith Daniel Robert Davies „ John Burnard The name of William West stood second on the list; but when it was called by Superintendent English. Mr. Parfitt, dock-master, said,—" I object to Mr. West. He is a sub- ject to get a lawyer here; and my orders are to object to every one who is a subscriber to get a lawyer here." Mr. West: I deny that. I am not a subscriber. 1\11, Cathcart, solicitor, then lose, and informed the co- roner, that he had been retained by some of the inhabitants of Pillgwenlly to watch the proceedings; and he requested permission to be allowed to put some questions to the wit- nesses who might be examined. The Coroner: That will depend on the nature of the questions which you may wish to put Mr. Cathcart: We come into this court free from bias; and our object will be to elicit facts from which the jury may draw unprejudiced conclusions. The Coroner: We ought to be free from bias; and I hope we are; but you know that men's minds are not always straight. Mr. Cathcart: I am quite sure, sir, I will do my duty and that you will also do yours. I should like to know how Mr. Parfitt can object to any one? on what grounds does he interpose ? Mr. Parfitt: It is my order from my employer. Mr. Cathcart: I should like to know in "hit position the dock company are here. If they have a right to appear here, they should be represented by thtir agent; but they seem unrepresented. The proper person to represent them would be Mr. Cairns. Mr. Parfitt Well, I ollly delivered my message. I was desired to object to any gentlemen who had suoscriLeJ for a lawyer. Mr. Cathcart I should like you to hear Mr. West's evi- dellce as a witness and therefore it would be as wdl that he should be off the jury. The gelltlemen whose names are above given were then sworn; and afterwards proceeded to view the body. De- ceased's face bore marks of violence which were cau-ed by biows inflicted on him by two Irishmen, against whom de- cease,1 hid taken out a warran t. THE EVIDENCE. On the return of the coronet and jury, the following witnesses were called — Philip Brown examined: I am a blacksmith, residing at Botany, Pillgwenlly. Last Wednesday evening I went to the Ebbw Vale stahles at about a quarter to six. The deceased was the ostler. He was not in thestabtes; but he came there in about five or ten minutes afterwards. He asked me if I would wait a little bit, and he woukl come home with me. We came from the yard all the way down to the top of the dock; and I did not see him afterwards alive. He was sober. I can fay nothing more about it. Mr. Cathcart to the Coroner Will you allow me to ask him how long he has lived near the dock? The Coroner: I do not care how long he his lived. It has nothing "t all to do with the matter we are met to in- vestigate. Y nu mav as well come to the dock at once. Philip Brown: I have lived there about two years and a fortnight. The deceased lived with me— next door to the dock-gates. He was well 8cquainted with all the ground about the docks, as he was driving iron about. The Coroner What has that to do with it ? Mr. Cathcart: It is rather material to this inquiry. The Coroner: I do not think it is. Mr. Cathcart: I think it is, because deceased's death may have oiiginated from the nealect of the dock company. The Coroner I do not think it is at all relevant. First of all, we must inquire what caused the man's death. Mr. Cathcart: Exactly so; and I was going to show that the dock company were responsible for the existence of circumstances which have led to frequent accidents in the dock. I will put a case to illustrate my meaning. When a murder is committed, the first thing you do is to ascertain how the murdered person came to his death. The next inquiry is—by whom was the murder perpetrated ? And so in our proceedings here to-day. we ascertain that this man was drowned what was the cause of his being drowned is another subject for inquiry. He may have been pushed in, and the jury cannot say it is a case of accidentdl death in that case. The Coroner: The jury would merely say that he was found drowned" if there was no other evidence. Mr. Cathcart: By these questions I propose to show that there has been neglect on the put of the agents of the dock compauy aud that it was in consequence of that neglect tbe man was drowned. The Coroner That, I know, is your aim and if there is any culpable neglect, it is right that it should be exposed but I do not think that what you extract from this man is at all likely to lead to such exposure. I shall be very ready to h9ar anything that bears on it; but I will not permil the introduction of irrelevant matter. Mr. Cathcart: It is very material that this investigation should proceed further than that this man died. I asked the witness the question tn show that deceased was ac- quainted with the locality; and that. notwithstanding hi3 loeal knowledge, from the want of proper precaution on the part of the dock company he was drowned. The evidence shows that deceased's daily business called him about the dock-that he was sober when he fell in and now does it not strike yon as a most extrdorqinary circumstance that a man so well acquainted with the place should have been drowned? The night was dark and he could not see his way; then the question arises,—Whose duty is it to light the place ? The Coroner; There is another question. You say— Whose duty is it 10 light the duck ?"' And then sume one else mav say,—" For whom is it tQ be lighted ?'' Mr. Cathcart: For the convenience of the public. The Coroner For the convenience of the dock company, rather. Whose property is the dock ? Mr. Cathcart: As a point of law the dock is the com- pany's property but all the way to the dock and about the dock in every direction is not the property of the company. Those ways are dedicated to the public. The Coroner: I cannot go up in my carriage that way. Mr. Cathcart Yes but you may walk. It certainly is dedicated to the public for this reason,- there is no way of getting out of those houses [ Botany, we believe] but by this way [over th" gates or along the docks]; and a dedication for a short time is quite suliicient from which a gift to the public is to be inferred. The Coroner: A gift? Where are the generous people who make gifts of that kind? Mr. Cathcart: They do it for their own profit. What would be the use of forming a dock unless a means of access to it were provided ? By giving a right of way to the pub- lic the company promote their own benefit. The Coroner: Iu my own house I may have a pit. If a man come in without asking my leave and fall in, am I to be blamed ? Mr. Cathcart: That is not an analogous case. The Coroner I think it is. The dock is private property. Mr. Cathcart: Yes, the dock is; but the way to and from the dock is dedicated to the public. The Coroner: This man (deceased) did not pay for his right of way. A man may have a right to go to his vessel, but I am not obliged to find you a way. You had better have a link-boy to carry a lig-ht before every person who goes there. What you require is nearly tantamount to that. Mr. Cathcart: But persons who have to go there, or to come from there, have no other way of doing so but over what you call the dock company's private property The learned gentleman proceeded to show that by usage the dock company had dedicated a right of way over their pro- perty to the public service. The coroner: I leave it to you—(that is, the liberty of passing over the company's ground) but I do not engage to furnish you with lights. ^Mr. Cathcart: Suppose I have an area attached to my house, alongside of a public way if a mau fall down into my area and sustain an injury, there can be no question of my liability to make him compensation. It would be no answer if I were to say to the man,—" It is my private path way;" because if I permitted the public to use it and thereby dedicated it to the public service—and a formal dedication is not necessary—if a man then fall from it from property belonging to me—into my area which I have negligently left unprotected, I should be liable to make him compensation for injuries sustained by him. Here is a dock which a man falls into and gets drowned, because it is not properly secured and I think the compauy are liable to censure. I submit that the cases are quite analogous. After a few words from the coroner the examination was proceeded with. Philip Brown Deceased's daily business called him to both sides of the dock—mostly to this side (the Western). My house is on the other side. When he parted with me he went to his lodgings. He lodged with me but I did not go home then. Martha Brown examined: I am the wife of Philip Brown. The night before last, the deceased came in and told me my husband was across the dock. He asked me for the loan of sixpence, which I lent to him as he begged for it. A servant girl of Mr. Thomas's came in and asked me where he was. I said he wa3 gone out. "Then," she said, "he is sure to be drowned." His body was brought to my house. By Mr. Cathcart: When I go to Pillgwenlly I go some times ucross the dock gates, and sometimes the other way. The dock company's people never told me not to go that way. I never heard them telling anything about it. I saw him last alive about half-past seven. Michael Batton examined I am a labourer living by the Commercial Wharf. On Wednesday night at half-past seven, I heard that some one had fallen into the dock. My mother said to me,—" Mike, let us see, this woman who has fallen into the dock. We'll carry her home." "Yes, mother," says I, I'll be after you directly and I suppose I was a quarter of an hour after her. There was a man about six yards before me. It was a very dark night; and suddenly 1 saw the man dropping and he went splash into the water. I heard him fall into the water—dash. I ran a little closer and called out that a man had fallen into the dock. The men of the dredge boat came there and were searching for the man. I made it my business to go and see some of the men on duty in the dock lodge. The deceased did not cry out a word. I did not see him in the water. I did not see one soul in the lodge and then I ran away after my mother, who was with the woman that had fallen into the dock, and brought her back to the spot from which I had seen the man fall into the water. There were more people there then. The captain of the dredge boat had his grapnel searching in the water. I was there on the spot after de- ceased was taken out. I saw him pulled up on the face of the water and taken ashore. He was dead then. He was in the water twenty-five minutes. By Mr. Cathcart: There are a few houses at Commercial Wharf; and people living in them. When I go from there to Pillgwenlly I go over the dock gates. I have seen people go over these gates very frequently. I was never told by any one not to go that way. On the night I saw the man tall in there were no lamps alight there. Itwasdark. It was the light on this corner that guided me from the other side. The Coroner: Did you ever hear any one say that the light this side was rather of disservice than service 1 The witness, who was an exceedingly stupid fellow, could not understand this and many other questions. From se- veral confused answers which he gave, we inferred that the light referred to by him was calculated to mislead—that he was following the deceased on the night in question; and if deceased's fate had not alarmed him he would have fallen in, as the lights on the Dock Hotel side deceived him, and also dazzled the eyes—without being of any service to ena- ble people to distinguish the path-way. He continued,— "The poor woman who was on board the dredge-boat was actually afraid that it was her husband had fallen in. There were no vessels where the deceased fell in. The water was much lower than the quay." James Lamprey examined: I live at Botany; and am a labourer. The deceased came down alongside of the dock on Wednesday night—asked who was there—said he saw it was a watchman, and walked on. It was between seven and eight o'clock. I was watching coal for Mr. Russell. He went right along. He was the other side of the dock but he was coming this side. I was about forty yards from the dock. A mau came up along and said that a man had fallen into the dock. This was some time afterwards—a quarter of an hour afterwards. It was very dark. I went down and saw nobody but three boys on the quay; and one of them was a foreigner. He pointed that a man had fallen in. The captain of the dredge-boat came there; and went and fetched the grapnels in a moment to see if a man had fallen in or net. I went away; and when I returned they had got the man—putting him into the boat, By Mr. Cathcart: There are a great many houses on the other (the eastern) side, 1 use tbia side buS very little exc-pt it is by daylight. I was never told not to come this way. By the Coroner: J cannot say whether anyone had power to stop me. By Mr. Cathcart; I have been about the dock many times and was never told not to go. I have seen the dock-master there often. He never stopped me. I have never seen Mr. Cairns giving directions not to go about the dock.. The Coroner: It bus been proved that a man fell into the dock—that he was drowned-and that he was tsken out. Mr. Cathcart: Yes; and the question now is, —Under what circumstances did he fall ill, The Coroner: Well, 1 thought that had been shown. But (J'O ûr1. John Williams, cintain of the drednet in the Newport dock. said that on Wednesday evening he was on boarJ the dredgiug-machine bnl he left it after he had pullpd the old lady out,—" the old Jady" being an elderly Irishwoman that had fallen in and had heen rescued b, witness. There were frum forty to thirty feet in length of vacant water where deceased fell in. Thai is a place usually occupied by ship- piug, The old lady would have been drowned if witness halt not pushed a pole to her and assisted her out. She was lying on her back in the water--the buoyancy of her clothing keeping her afloat. In a few minutes afterwards, or, at the outside, a quarter of an hour. he was returning to the dredger, having left it for a short time, and was told that a mm had fallen into the water. He instantly fetched the drag and got him out without delay. He wall quite dead. Witness heard that an officer had fallen into the dock that afternoon. Margaret, the wife of John Sullivan, (" the old lady" who fell into the dock) said she was 66 years of age and lived near the dock. She described the accident that occurred to her, observing that she was returning from her daughter's who lived in Botany, when the reflection of the light on this side of the dock'' caused her to make a mistake in her course, and to fall into the water. She corroborated the evidence given by lhe ma-ter of the dredger. Henry Edmonds examined: I am a labourer residing at Commercial Whalf, where [ have lived four years. I go over the gates to Pillgwenlly; and frequently see other people go that way. I was never desired not to go that way. 1 dare Fay there are 200, 220, or 2.iO people living the other side. The condition of the place where deceased fell in was quite dark. I came from the east to the dock. There was no barrier to prevent me coming to the dock nor no lights, except those on this side, to guide me. In coming from the east across I would make direct for the light; and the natural consequence would be that 1 should fall into the dock—the light attracts one so. Vessels generally lie in the spot where deceased fell in; anJ if there had been a vessel there then in my opinion the acci- dent would not have occurred. There are lamps the other side, and I have seen them lighted. They were not lighted on this night; for if they had they would have guided de- ceased from this danger. George Gammon examined I am a grocer residing at Commercial Wharf. I was near the dock 00 Tuesday night —going from my own house to Pillgwenlly, and just as I came to the corner where this poor fe low lost his l.fe I suddenly found 1 was on the edge of the c >ping. 1 altered my course-went further on-got 10 the gate which I founu partially open (cries of "shame"). The reflection of the lamp on this side deceives the eye. That is not the first time I have been misled by the light, I asked one of the servants of the dock compauy why there were no lights on the other side; he said that Mr. Cairns would not ai low them to be lighted.—Witness detailed numerous incon- veniences which the public experienced from the want of lights at the dock. On Tuesday night, a man actually walked over the gates. The gates were partially opened; and no barrier for the protection of the public. Several jurors said it was monstrous to think that such a state of things should have existed and were highly in- dignant at the neglect with which it appeared the public were treated. William Parfitt examined: He is the dockmaster and Mr. Cairns is the secretary. Mr. Cairns manages the affairs of the dock; but it is not his duty to attend to the lights. Witness had complained to Mr. Cairns that lights were wanted on the other side and he believed that the gas company had been written to. Witne-s had heard that there was a dispute between the dock and gas companies re- specting the waste of gas; but he would not say whether that was the reason why lights were not provided. He had complained more than six weeks ago, as dockmaster, that lights are absolutely wanted on the eastern side; but yet they had not been provided (sensation). He and his as- sistants had tried every way to light the gas on the eastern side but could not succeed,— they could not light them. He would not say whether Mr. Cairns might not have had oil lamps as the gas lights could not be lit,—that question had better be put to Mr. Cairns. Mr. Cathcart: Yes, but Mr. Cairns will not come here. Mr. Parfitt could not help that. He would not answer questions which ought to be put to Mr. Cairns. He was examined at sometength by Mr. Hughes, a large share- holder in the ga. company, with the view of showing that the gas-fittings had been broken by deposits of iron; but he declared that he was totally uuacquainted with the mat- ters referred to. William Mogg said that on Tuesday night the dock gates were partially open; and he fell in in consequence (cries of "Shame, shame"). Witness said he was a coat shipper- resided in Botany—had had a drop of beer on Tuesday night —did not notice that the gates were open, and walked over them (" Shame, shame"). The Coroner: If you had been sober, do you think you would have done so ? William Mcgg said he was not very drunk, as he had got out of the water without assistance. He described the way in which he extricated himself. Mr. Parfitt said it was absolutely impossible for any man to have got out of the water as Mogg said he had. His story was perfectly false. Mr. Cathcart objected to the dickmaster's interference. The witness gave his evidence on oath, and his oath was as goed a9 the Mr. Parfitt said he could not help interfering when he heard a man declare that be had done what was actually impossible for any one to do. William Mogg said that if his accuracy were doubted, he would do it again. William West, agent to Mr. Russell, said that he had had three very narrow escapes of sharing a similar fate to that experienced by deceased on Wednesday night. On Friday evening last, deceived by the reflection of the lamp on this fide of the dock, he was brought to within a very short distance of the edge of the quay on the eastern side,—about the same place where deceased feil in. Oa other ocoa-ions he had been in imminent danger from the want of light. He had resided at Botany for thirteen months; and inva- riably went from that place to PIlIgwenllyover the dock gates. The eastern:oide of the dock Was 0;0 imperfectly lighted that it was dangerous to life. P.S. Harlow said that the dock lamps, which are lighted, are put out at twelve at night. On the eastern side of the dock it is very dangerous, from the wa:it of light; and that danger is considerably heightened by the reflection of the lamps from this, or the western side. About three weeks ago, witness was obliged to light three captains on board— it was so dark. In reply to Mr. Hughes P.S. Harlow said,—It is a regular practice to put out the lamps at twelve at night. The low- est lamp-that at the dock head—is generally left alight. The man who puts out the lamps told me that he was ordered to do so. It is the man belonging to the dock com- pany who puts out the lights,—not the gas company's man. Mr. Cathcart wished to have a surgeon called. The Coroner objected to it, as being quite unnecessary. Mr. Cathcart observed that the jury wished it. The Coroner could not think how the jury would wish to have a surgeon called merelv to say that a man had been taken out dead, when the' witnesses stated that fact. There could be no doubt as to the cause of death. Robert Meagum said he resided at Botany and on Sun- day last he asked Mr Cairns if he would have the lamp* lit on the east side of the dock. His answer was,—" I sup- pose you want your houses all lit up by the dock-company." He told him (Mr. Cairns) as a reason for asking him, that the dock was very dangerous in consequence of the lamps not being lit at night. lu witness's judgment the east side of the dock was not in a proper condition,—it was dangerous from the want of tight. It was dangerous even to the inhabi- tants who knew the place; & much more dangerous to stran- gers. The way over the dock-gate was very commonly used. He had known it as a public way during the last six or seven years. He had never heard it objected to on the part of the dock company. Accidents are continually occuriing. The Coroner having briefly summed up the evidence, the room was cleared in order that the jury might deliberate on the case. In a short time an intimation was conveyed to the coroner that they were prepared to give their verdict, which was as follows: The jury are unanimously of opinion that the deceased, Thomas Burnall, came to his death by the gross neglect of the dock company, in not sufficiently lighting and pro- tecting the dock." The Coroner: I most perfectly agree with your verdict. I am perfectly satisfied with it. Mr. Knapp (the foreman) There is one point to which the jury would like to refer, namely, the fact that the dock gates have been left partly open. That is a very bad fea- ture in the case. I There are two dock gates, over which, when closed, the public pass; but which, when partly open in the dark, form a sort of trap, which people who walk along cannot escape, but must fall into.] The Coroner: Nothing can be more villainous. Mr. Knapp: It is monstrous. The Corouer: I shall give my opinion to the dock com- pany or ta Mr. Cairns. I shall give my opinion in the strongest terms. I can only say that if it is not attended to, I shall recommend you to take up this case in another way. Mr. Parfitt: It has always been my orders that the mo- ment the gates are open, if only for two inches, that a man shall be placed there; and not quit the spot until they are closed again. Mr. Duncan (a respectable inhabitant of the place) said it was a common occurrence to have the gates open iu the manner that had been described. He knew it himself. Mr. Parfitt; No such thing. Mr. Duncau I repeat that it is. I can get twenty men to prove it. Mr. Parfitt said if it were so be would discharge the man to whom he had repeatedly given the strictest injunctions to guard the gates when open. During the course of the enquiry it was intimated to the coroner that masters of vessels were ready to give evidence respecting the dangers to which want of gas-lights exposed them; but he thought that the fact had been rendered suffi- ciently apparent.

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