Monday 12 April 2021

Thomas Batty, 1860-11/11/1903.

 A Prominent Townsman Loses His Life.

Marking at Vernon Butts.

Shot Through the Brain.

A distressing accident occurred at the Vernon Butts this morning, while the Blenheim Rifles were engaged in Government service firing, by which a well-known and much esteemed townsman lost his life in the person of Mr Thomas Batty.

Mr Batty, together with his son Arthur, aged about fifteen years, and his brother Johu, was engaged as a marker, and had charge of the centre of three targets, at which a squad, of recruits were firing at a rapid rate at the 200 yds range.

The shooting had not very long commenced when one of the markers was seen to rush out of the trench with the danger flag, calling out, "You've shot a marker!"

The shooting was immediately stopped, and Captain Powell and others ran to the trench, where they found Mr Batty lying in an unconscious state, with a bullet wound in the head.

A volunteer was quickly despatched to the Hospital to get communication with Dr Anderson. The officers did all possible for the unfortunate man, but the case was recognised as a very serious one, the bullet — which would seem to have struck the mound some six inches from the top and glanced downwards — having passed through the brain from the rear centre to the left side.

There being little sound of the striking missile, the occupants of the trench, amongst whom was Sergt. Reardon, scarcely realised what had happened, thinking the unfortunate man had fainted, but the sign of blood quickly told the tale, and the alarm was given. Poor Batty breathed for the space of about twenty minutes; when, Dr. Anderson arriving life was pronounced extinct. The body was then conveyed to the morgue, and the several marksmen sorrowfully dispersed. Deceased, who was about 45 years of age, and proprietor of the well-known cabinetmaking establishment, had long held a colonial reputation as a marker, having attended the New Zealand Rifle Association meetings in that capacity for many years. He was perhaps better known locally as secretary to the Garrison Band, which position he had filled with credit for some eight years, and having been a member of the Band since its formation. His sustained good nature made him a general favorite, and he will be widely missed alike for his integrity and good citizenship. He was at one time a useful member of the Fire Brigade, and many another institution will feel the need of his kindly assistance. 

Deceased leaves a wife and five children, the lad who was marking being the eldest. To them and to the parents and relatives we sincerely offer our sympathy in their great trial.  -Marlborough Express, 11/11/1903.


THE VERNON RANGE ACCIDENT.

THE CORONER'S ENQUIRY.

FINDING OF THE JURY.

An inquest concerning the death of Thos. Batty was held yesterday afternoon before Mr T. Scott-Smith, S.M., Coroner, and a jury consisting of Messrs E. H. Penny (foreman), I. Paine, C. Ferguson, H. Fisk, J. J. McCabe, and F. T. Bull. 

Sergt.-Major Mason appeared on behalf of the Police and Mr J. Conolly for the wife and relatives of deceased. 

After viewing the body at the Hospital the jury proceeded to the Butts to inspect the ground and trench where deseased came to his untimely end. Assisted by officers of the Company, the jury made a minute inspection of the earthworks. The course of the fatal bullet through the top of the mound was traced, and exact measurements of the Butts taken. Subsequently a rough plan was drawn out on a blackboard by Mr Frank Paine and Lieut. Baillie, and produced at the Courthouse, where the inquest was held. The measurements appear in the evidence of Lieut. Baillie. 

John Reardon, Sergeant in the Blenheim Rifles, deposed that he knew deceased, who was a member of the Garrison Band. The duty of marking at the Butts for rifle practice by the Volunteers was let out by contract, and deceased had taken a contract from the Blenheim Rifles for twelve months. The contract was accepted by the Shooting Committee of the corps, of which Committee witness was a member. This Committee always satisfied itself that the person who undertook these duties was a competent man. Deceased was one of the best in the district, and to his knowledge had been marking for ten years. The Blenheim Rifles went out yesterday morning for part of their annual course of Government shooting, and deceased acted as marker as usual, with two assistants — John Batty (his brother) and Arthur Batty (his son). Captain Powell was in charge of the firing party. Witness, representing the Company, was in the trench with ths markers. At the time deceased met his death recruits were firing, and had to fire a magazine fire of 7 shots in 60 seconds. As each 7 shots were fired witness would take a record of the scores. He had just finished one target and deceased was standing back against the bank facing the targets and passed a remark to witness about the low elevation the recruits were firing. Witness had turned his head away from him, but, hearing a slight rustle behind, he looked round and saw deceased on the ground. He called out to the other markers to turn down the targets, which would stop the firing. John Batty ran over to deceased and held his head up, saying that he had been shot. One of the other markers immediately signalled the range that there had been an accident. To his knowledge this was the first accident to occur on the range. Until that morning he had always considered the Butts perfectly safe. As far as he was aware, deceased believed them to be safe. They had marked under similar conditions many times. There was, of course, wear and tear on account of the weather, which would lessen the strength, but this would not be much. He had known bullets to strike the wood between the targets, thus showing a slight deflection down, but had never seen such a great deflection as had occurred in this instance. There was no danger in the case of the bullets striking the wood, as they struck above the head. Portions of bullets might possibly rebound if the iron bolt were struck. He himself had never seen a bullet strike one of the bolts. He could not say exactly who was responsible for keeping the range in order. Deceased was rather deaf, but that did not militate in the slightest degree against his efficiency as a marker. He could tell when hits had been made before persons with better hearing. He could not say who put the layer of sods on the top of the bank protecting the markers' trench. It had been there for some time.

To the Coroner: He thought that probably if the layer of sods had not been there deceased would not have been shot.

To Mr Conolly: The firing party was at the 200 yds range. It must have been, he thought, the sods or some thing in them with which the bullet came into contact that caused the bullet to deflect so abruptly into the trench. Bullets had a downward tendency when coming on to the target. 

To Mr Conolly: The bullet in question dropped about two feet into the trench after striking the top of the mound. He had been a member of the Shooting Committee about live years. The layer of sods had been placed on top of the mound since he joined the Committee. 

Were they put there by order of the Shooting Committee? — Witness replied that he did not know. Probably the Shooting Committee would go to the District Committee for the order. The sods were thrown up with the idea of making the Butts safe. Previously the bullets hit the bar between the targets. He had not carefully examined the ground struck by the bullet, but it had been worn away to a certain extent

Do you consider 28 inches of soft material as a top layer sufficient protection to stop a bullet? — No; I don't think the layer as it is now is safe to stop a bullet. He had never heard deceased make any complaint. He had heard some men who had not been in the trench before ask whether it was safe.

To Sergt.-Major Mason: Of course in the estimate that the Butts was safe, it was never thought that a bullet would so deflected in such an extraordinary manner. After that morning's experience he thought alterations should be made.

Dr Anderson said he was sent for some time after six o'clock that morning to go to the Vernon Butts, as a man had been shot. The message came through the Hospital telephone, so that no time was lost in obtaining assistance. On arriving at the Butts he found deceased lying on his back in the markers' trench. He found that life was extinct. There was a wound on the left side of the head from which the brain was protruding. He advised Captain Powell to remove the body to the Hospital until deceased's friends had been informed of the accident. At the Hospital witness made a more careful examination of the injuries. There was only one wound in the head, and that was about 1l inches long, running from the fore backward. There was a wound of similar size in the skull, and at the front part of this wound a roughly circular opening, large enough to admit the point of the forefinger, and from that wound two cracks about two inches long, extended upwards and downwards. The wound in the brain ran from behind forwards, and there was great destruction of brain tissue. Ho probed for the bullet, but could not find it, without a post mortem, which he did not consider necessary. Probably the bullet lodged at the base of the skull. He was of opinion that the cause of death was the destruction of the nerve supply to the heart and lungs. The wound might have been caused by a bullet fired as described. 

To the jury: He should say that deceased was struck from behind.

Major Rogers said he acted in Marlborough for the Officer Commanding the District in his absence. The classfiring was done under the supervision of the officer commanding each company. Witness was not responsible unless he was on the range. The Butts were under the supervision of the Officer Commanding the District, whose duty it was to examine and report to the Defence Department. He had known that the Officer Commanding the District had inspected them every year, but he had not seen the reports. The Butts had been closed since the accident, pending an official enquiry. The officers commanding corps had also to report any disrepair they might observe. He had never heard anything said against the Butts and he had frequently been there himself, sometimes marking. He knew deceased, who was an efficient marker. He was the finest marker he had seen during his 28 years of volunteer experience. Deceased never suggested to witness any complaint about the Butts. There was ample opportunity of making any complaint or suggestions. Any suggestions deceased made as to improvements were readily accepted. He himself thought the range was perfectly safe until today. He regarded tbe accident as perfectly unique. He should have thought there was less danger to the man in front than to the man behind the trigger. He did not know who put the layer of sods on the top of the mound. Probably it was put there on the instructions of the District Committee. The layer was put up to conceal the wooden bar and the bolts between the targets, which could be seen from the firing line. He believed that on one occasion the iron bolt was hit; the wood itself used to be continually perforated. There is timber between the targets about eight feet from the bottom of the trench. Twenty eight inches of unrammed earth was laid down by the authorities as being bullet-proof with the Lee-Metford rifle; and 14 inches of hard mud wall. The firing at 200 yds was point-blank; there was practically no fall in the course of the bullet. He had viewed the scene of the accident. It was difficult to account for the mishap. He did not think there were any stones in the top earthwork, and if there were not some such object, probably a spent bullet caused the fatal bullet to deflect downwards in the remarkable manner that it did.

Captain Powell, Blenheim Rifles, said he was in charge of the firing party at the Butts. Some 30 or 40 members of the Company were firing. Before the firing commenced he satisfied himself that everything was safe. At two of the targets squads were doing independent firing. One squad of four was executing magazine firing at the target at which deceased was marking, the rate being 7 shots per minute. One squad had fired, and another started, when word was received from the Butts that a marker had been shot.

Sergt.-Major Mason questioned witness as to the name and qualifications of the recruit from whose rifle the bullet proceeded. Captain Powell gave the information; but Mr Conolly intervened to say that he thought this examination was not necessary. There was not the slightest question in anyone's mind as to there being no intention to hit the Butts instead of the target; the butts were there to be hit. He was sorry that the name was brought in, and he was sure Captain Powell did not wish to give it.

Sergt.-Major Mason said he had no wish to lay any stress on the name. He only wished to clear away all doubt as to carelessness in any particular direction.

Proceeding, witness said that either an experienced shootist or a recruit might hit the Butts with that rate of firing. Other squads were firing at the adjoining targets, but they would have to go a long way out of their range to hit the mound sheltering the trench in which deceased was marking. He endorsed all that had been said about deceased's efficiency. Deceased had never complained to him about the Butts being unsafe.

To Mr Conolly: Had always considered the Butts safe. He had intended to be in the trench with deceased that morning, but found when he got on to the ground that he would have to remain at the firing point. After what had occurred he regarded the top of the mound as not sufficiently protected. No doubt it would be altered.

To a juror: The layer of sods on the top of the mound might not be the regulation 28 inches through; but the reason for believing it safe was that it was a considerable distance above the marker's head.

Lieut, Baillie, Blenheim Rifles, said he was in charge of No. 3 squad. Some time elapsed before the last shot was signalled. The danger flag came out, and he immediately called "Cease fire!" John Batty, brother of deceased, came out to the end of the trench and called out, "You have shot one of the markers!" With a number of others he ran up to the trench. Deceased was lying across the trench, with blood flowing from his head. They moved him into an easier position. Deceased gave no sign of recognition, and died shortly afterwards in the trench, just before the doctor's arrival. Sergt. Reardon showed him a fresh mark inside the trench at the top of the mound which had very appearance of a bullet track. He concluded that deceased had been struck on the head by a bullet or portion of a bullet. Dr Anderson came promptly, and told them that life was extinct. Mr Paine and himself made the measurements shown on the blackboard. Assuming deceased to be a man of 5ft 6in, the thickness of the earth on a line with his head as he stood in the trench would ba fully seven feet. The mound then tapered up to a thickness of 25 inches at the point where the bullet went through. The distance perpendicularly from the bottom of the trench to the bullet hole was 7ft 4in. The trench was 5ft wide from the base of the mound to the bottom of the target. From the bullet hole on the inside of the mound to a line carried perpendicularly above deceased's head was 4ft 6in. If the bullet had gone straight on instead of being deflected it would have passed lft l0in above deceased's head. That was a deflection of l in 2 1/2. He had never heard any complaint about the safety of the Butts. He had considered them perfectly safe until that morning.

To Mr Conolly: He would not consider the top layer of the monnd bullet proof; but it was never expected that a bullet would deflect in such a manner. Moreover, the range was considerably up-hill. Probably the marker would not have been struck if the top layer had not been there.

To the jury: He did not know when the last inspection of the Butts by the Officer Commanding the District took place.

To Mr Conolly: He had never known a bullet to go through the mound before. Probably enough many bullets were embedded in the top layer, and one of these may have caused the deflection. He suggested that the Butts would be absolutely safe if the top of the mound were made square with the base.

John Batty, brother of deceased, said he was assisting him at the Butts in marking that morning. He himself was a fairly experienced marker. Last Monday morning witness was telling deceased about the Tua Marina Butts, saying that they looked a lot safer than the Vernon Butts as they had iron all along the top of the mound to stop the bullets from coming over; and deceased said he was going to condemn the Vernon Butts when he got back to the long ranges. Witness understood from that that deceased intended to bring the matter under the notice of the Commanding Officer. Deceased evidently did not think the Butts were so safe at the long as the short ranges, owing to the trajectory of the bullets. That was the only complaint as to the Butts he ever heard from his brother, he had nothing to add to Sergt. Reardon's evidence as to the death of his brother. He had no fault to find with the proceedings in connection with the firing. With regard to the top layer on the mound, witness remarked on Monday morning that if the earth became wet the bullets might come right through. Deceased replied that even if the bullets did so they wouldn't hurt them. Many times when the bullets struck the top of the mound they cast earth over into the trench. The markers had never drawn the attention of the officers to that fact. Before the top layer was put on the bullets sometimes struck the wooden bar between the targets, but the markers did not experience any sense of danger on that account, and made no report on the matter. Personally he blamed no one for his brother's death. 

To Mr Conolly: If the top layer of sods had not been on the mound the bullet would not have struck his brother, as there would have been nothing to deflect it; and from that point of view the Butts would have been safer without the additions. 

The Coroner said that the evidence had been made plain to the jury and it was not necessary for him to review it. He did not think they would have any difficulty. The only question to consider was as to the construction of the Butts to ensure safety, and if the jury had any recommendation to make he would forward it to the proper qaarter. 

After a short retirement, the jury returned at 6.30 o'clock with a verdict "That the deceased, Thomas Batty, met his death by being accidentally shot while acting as marker in the Vernon Butts, and no blame is attached to any person on the range." The jury added the following rider:— "That the jury is unanimously of opinion that not sufficient care was exercised in ascertaining that the top of the mound was perfectly safe."  -Marlborough Express, 12/11/1903.


CASUALTIES

Thomas Batty, the well-known marksman, who was shot in the markers' trench at the Vernon butts, Blenheim, was buried yesterday with military honors. All the volunteer companies were largely represented. The Military Commission have made their investigation and forwarded the evidence to the Defence Department. It is not revealed how the fatal bullet got into the trench.  -Evening Star, 14/11/1903.


News and Notes

A petition is in circulation in this and the Nelson districts praying the Minister for Defence and hon. members to grant a compassionate allowance to the widow of the late Thomas Batty, who lost his life while engaged in marking at the Butts on Wednesday last. The petition was read from the pulpits of the several churches last evening. As would be expected, the petition is being extensively signed.  -Marlborough Express, 16/11/1903.


News and Notes

A handsome marble stone, with granite base, has been erected over the grave of the late Mr T. Batty, bearing the inscription, "Erected by the Garrison Band, in fond memory of Bandsman Thomas Batty, aged 43 years, accidentally shot at the Vernon Butts on 11th November, 1903." The stone was procured from Mr G. M. Simpson, of Nelson, through Mr C. Lane, the local agent.  -Marlborough Express, 3/3/1904.


Local and General News

Cabinet has granted to the widow of the late Thomas Batty, who was accidentally shot at the Blenheim Butts about three years ago, a lump sum of £400, in full settlement of her claim.  -Marlborough Express, 30/6/1904.


Blenheim Cemetery.


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