Leicester Daily Post: Wednesday 27th May 1891

Fatal Street Accident: Warning to Boys: The adjourned inquest on the body of Thomas Parr, an inmate of the Wyggeston Hospital, who met with his death, it will be remembered as the result of being knocked down in Braunstone Gate by some lads who were playing with a ball, was resumed on Tuesday afternoon. … (description of inquest) … He had hinted to the parents the desirability of having their sons represented there by a solicitor, and he was rather sorry they had not taken that course. — Joseph Sharpe was first called. He said he was the son of Charles Sharpe, a riveter, of 70, Ridley-street, and was 14 years of age, He remembered being in Braunstone-gate on Saturday, May 2, and seeing an old man coming down the street on the right hand side from the direction of the West Bridge, at about twenty minutes or half-past two o’clock the afternoon. Four other boys were playing with a ball with the witness, and their names were Ernest Pincent, Ernest Aldwinckle, Ernest Barrows, and Arthur Townsend. They were playing with the ball by hitting it with their hands and running after it, and in the course of the play Ernest Pincent ran up against the old man while he (Pincent) was running to get the ball, and he fell down. Another old man named Warner was passing at the time, and he and Aldwinckle raised the deceased from the ground, and he and Townsend helped to take him towards the shop to where he was conveyed. —Ernest Aldwinckle, aged 13, son of George Stokes Aldwinckle, a leather tanner, of 38, Ridley Street, said they were bouncing the ball from the middle of road to the gateway of Curzon Terrace, and one of them kicked it. They ran after it, and as Ernest Pincent was going to pick it up, he was pushed by Townsend into the gateway. In doing so Pincent caught against the gentleman who was passing and knocked him down: — Arthur Townsend (13), son of Frank Alfred Townsend, a clicker, of 13, Ridley-street, and Ernest Burrows (12), son of Caleb Burrows, of No.9, Ridley Street, also gave evidence to the effect that Pincent knocked deceased down, the former stating that the accident happened before Pincent went into the gateway, and the latter saying It took place as they were coming out of the entrance to the terrace. — Pincent was present at the inquest and offered to give evidence. He said he was the son of Susannah Pincent, of 42, Ridley-street, and he was 13 years of age. He was playing at ball with the other boys at the time stated and remembered it going Into Curzon Terrace. They all ran after it, but none of them went inside before the accident.  As they were running, the witness was In front, Townsend behind, and Joe Sharp behind them both. Townsend pushed the witness, the result being to send him against the deceased gentleman, and they both fell. Witness tried to hold him up by his coat as he was falling but was not successful. —Townsend, recalled, denied that he pushed Pinsent in any way, and said he was in front while they were running. — The coroner said that was the whole of the evidence which was proposed to be put before them. He then narrated the facts of the case at some length and explained the law on the points raised. One question for the jury to consider was whether the lads were engaged in playing at football in the sheet, because if they were they were guilty of unlawful conduct, and if at the time any persons were engaged in unlawful conduct, and any accident happened from which death resulted, that amounted to manslaughter. He asked the jury to consider this question; in particular very carefully. It was distinctly stated in the Highways Act that it was an offence to play football or any other game on the highway to the annoyance of passengers, and he thought there was no doubt that In the case under inquiry a game was being played, and that it was being played to the annoyance of the old gentleman who’s death formed the subject of that inquiry. Apart from that, however, even though they were not engaged in playing a game within the meaning of the Highway Act, if a person was knocked down it was unlawful conduct, unless it could be excused on good and sufficient reasons. All were, of course, allowed the right and proper use of the highway, but that right was not abbreviated by the fact that some people might be old or weakly or easily upset. He thought there could be no doubt that prima facie there was unlawful conduct on the part of the boys brought before them, or as to who knocked the poor old man down; and if the jury thought that was the case, they would have to specify which of the boys was engaged in unlawful conduct, but If they thought the mishap was purely an accidental one, they would bring In a verdict of “homicide by misadventure.” There was, perhaps, a natural feeling that these were young boys, and that It was a hard thing for them to be charged with an offence of that character, but as the age of the deceased was no palliation of an offence of that kind, so the youth of the boys did not exempt them from the ordinary law of the land. It might be that their youth was an extenuating circumstance, but if the jury found that the facts were such as would justify them in the case of a grownup person it was nonetheless their duty to do so to these lads.—The jury then deliberated in private for a considerable time, and then returned a verdict of “Homicide by misadventure.” — The coroner said he had no doubt the jury had given the case careful consideration, and, addressing the boys, said he felt bound to tell them that they had had a very narrow escape of being seriously dealt with. The fact of their playing in the street and knocking down and practically killing an inoffensive old man, a foot passenger, was deserving of the highest censure. The coroner also gave them a strict warning as to their conduct in future.

[see also Leicester Daily Post: Saturday 30th May 1891]


Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive.


Referenced

GRO0273 Tiverton: Ernest Alfred Pinsent: 1877 – 1902
GRO0825 Tiverton: Susannah Bagshaw: 1844 – xxxx