Carlisle Patriot, 16 Oct 1824 - Coroner's Inquest (2)

[petra.mi...@doctors.org.uk]

Saturday 16 Oct 1824   (p. 3, col. 3-4)

 

CORONER'S INQUEST.

 

[continued]

 

Thomas SCOTT, of Caldewgate, lamplighter, sworn. He said he saw the three-guinea stakes run for on the 29th of September, and was standing within the cords. After the race horses had passed, the crowd collected in a body on the ground where the horses ran, to see them run in, when ISMAY came galloping up, apparently as if his horse had run away with him, as informant saw him endeavour to pull the horse up for sometime before he came to the crowd, when the horse rushed through and knocked some persons down, and amongst the rest GRAHAM, the deceased, whom informant saw ISMAY's horse run over and knock down with great violence, and the horse at the same time fell with ISMAY. Informant immediately ran to the horse, when he observed the bit out of its mouth; and he directly afterwards went to where the deceased was lying on his back quite speechless, and a constable was making a ring for air.

 

John SOWERBY, of Botchergate, butcher, sworn. He said he saw ISMAY come galloping up the race-course in the manner described by the last witness; and that in rushing through the crowd, the mare knocked down six or seven persons, and amongst others the deceased, upon which informant immediately ran up to him, seeing that he was worst hurt, lifted up his head and attempted to take off his handkerchief, but not being able to do so, another person took it off. Informant observed ISMAY sometime before he came to the crowd, pulling the mare as hard as he could, as if endeavouring to stop it, but could not; and had no doubt that the mare had run away with him, as he knew of his own knowledge that it had done so more than once before.

 

William PEARSON, of Carlisle, servant, sworn. He said that on the 29th September, being on the race-ground, he saw John ISMAY riding on a brown mare near the distance-post, at which time three men were coming past, when she reared up and ran away with him towards the ending-post.

 

The examination having closed about half-past nine o'clock, the Coroner addressed the Jury. He began by observing that the whole of the evidence adduced in this truly melancholy and painful case, having been gone through, it now became their duty to pronounce upon it, a task in itself extremely irksome as well as hurtful to their feelings. Still, in order to satisfy the ends of public justice, inquiries into this as well as every other species of sudden death were necessary, and he had no doubt that in the exercise of the important function which they had to discharge they would enter upon it with that calmness and deliberation which became a British Jury—never forgetting that they had a double duty to perform; one towards their country, and the other towards the friends of the deceased. Before making any observation upon the law as it appeared to him to apply to this case, he said he should in the first place read the depositions to them, with a view to refresh their memories, as it was highly necessary that they should be in full possession of every particular which had transpired during this inquiry—an inquiry imputing a crime of manslaughter to an individual. (Here the Coroner read over the depositions making suitable comments as he proceeded.) Such, Gentlemen, (Mr. LOWRY continued) is the evidence that has been given in this case; and I will proceed to lay down to you the law applicable to it in as clear and brief a manner as I possibly can. If, gentlemen, the person implicated in this transaction had rode up to the crowd with an intention of doing some person a bodily injury, and had inflicted a wound of which he afterwards died; or if he had missed the object of his vengeance, and killed another person, I have no hesitation in saying that, in either of these cases, it would have amounted to the crime of murder. There does not appear, however, any evidence to shew that the accused harboured any such intention, therefore I think you may fairly dismiss that branch of the case from your consideration. Then, gentlemen, comes the question, how far the law is borne out by the evidence as respects manslaughter?—a crime of considerably less magnitude than the former, although, by a recent Act of Parliament, punishable very severely. And here I beg you to observe that if a person rides over another without any intention of so doing, but being at the time engaged in an unlawful act, tending to bodily hurt, which appears to have been the case here, unless explained away by the evidence, in such a case, the accused would be guilty of manslaughter, as it appears quite clear to me that ISMAY had no right to gallop up the race-course after the horses that were running; and if he had no right to do so, the act was clearly unlawful. Having now dismissed the second branch of his observations, the Coroner said the only question remaining for their consideration was, whether the horse had become unmanageable; and certainly very strong evidence had been laid before them to prove that fact; and it was for them to say how far they could satisfy their consciences by bringing in a verdict otherwise than accidental death. It was not his province, however, to dictate to them what line of conduct they were to pursue; and he would here close his observations, not doubting that they would discharge their duty faithfully between the accused, the country, and their own consciences.

 

The Jury retired at half-past nine o'clock, and sat in deliberation till half past twelve, when the Foreman having announced to the Coroner that they could not agree, he availed himself of his privilege of asking them in numerical order what the verdict was, beginning with the lowest upon the panel, and ascending, when there appeared for "Accidental Death" 7, and for "Manslaughter" 5; consequently a verdict of Accidental Death was recorded.