Comber Cold Cases: 1884 Shooting affray near Comber!

Read the witness statements, review the evidence and decide whether you agree with the 1884 verdict on the shooting of George Maxwell at Ballykeigle.

19th century Drawing of the Paris Flats Tragedy- shooting of Haverstick, New York by George W. Conkling [Public Domain]- Image purely illustrative

Inquest on the body of George Maxwell

Newtownards, Thursday:- With reference to the inquiry into the cause of death of George Maxwell, the farm labourer, who died in the infirmary of the workhouse here on Tuesday night from the effects of a gunshot wound received in the house of Mr. John Hare, at Ballykeigle, near Comber, on Wednesday evening, the 9th inst. As Dr. R. C. Parke, J. P., coroner for the Northern division of the county, was incapacitated from holding an inquest by reason of his professionally attending the deceased as medical officer of the workhouse, the police yesterday evening telegrapher to Mr. Joseph Dickson, coroner for the Southern Division, asking him to hold the inquest, but as that gentleman could not attend, an investigation was held in the Boardroom of the workhouse this afternoon by Messrs. P. Mackintosh, J. P., and George Walker, J. P. Head Constable H. H. Rice conducted the proceedings on the part of the Crown.

The following were sworn on the jury: Messrs, William Henry, T. C. (Foreman); Thomas Arnold, W. J. Gibson, Wm. Laird, John Stuart, Hamilton Crawford, John Harvey, Robt. Stouppe, Bernard Loughlin, John Murdoch, Wm. Moreland, Wm. Jardine, and Robert Christie.

Witness #1: James Hare

James Hare, Ballykeigle, was the first witness, and, in reply to Head-Constable Rice, deposed-

I am a farmer. On Wednesday evening, the 9th inst., I was in my own house about eight o'clock. I was at John Beatty's, and when I went home the deceased, George Maxwell, was in my house. Henry Middleton was also there. The deceased and Middleton were sparring with each other through fun. I had often seen them sparring in the same way before. There were two guns in my house, one of which belonged to Robt. Patterson, and the other to myself. There were hanging on a rack, and, when I was out of the kitchen, the deceased, George Maxwell, took down one of them. Middleton went with me as far as the door. He returned to the kitchen before me, and, on my return, George Maxwell had the gun in his hand and Middleton went to take the gun from him. Maxwell wouldn't give up the gun. I heard Middleton saying, when they were sturggling for the gun, "I'll shoot you." I knew at that time the gun was my father's, but I did not know the gun was loaded. I called out, however, she was charged, thinking they would put her past sooner. Middleton succeeded in getting the gun, and Maxwell went next the back door, but said nothing that I heard. That back door leads into the scullery, but I couldn't say whether he attempted to shut the door after him. Middleton at that time had the stock of the gun against his right side, about the loin, and the muzzle pointing in the direction of the scullery door. The gun went off then, and on going into the scullery immediately afterwards George Maxwell was lying at the scullery door, shot on the right arm between the elbow and the shoulder. I afterwards sent for Dr. Ringland, who visited him next morning.

Mr Henry: At what time was the shot fired?

To Mr Henry: The Shot was fired about half past eight o'clock.

Mr Walker: How soon was the doctor fetched?

To Mr Walker: We were at the doctors between nine and ten o'clock, but he did not come till the morning.

Mr Storppe: Where did Maxwell reside?

To Mr Storppe: He lived about two miles from our house.

Mr Mackintosh: Did Maxwell write to say he was coming to collect his employers gun?

To Mr Mackintosh: We had not a line the first time, but had the second

Mr Walker: Was their animosity between Middleton and Maxwell?

To Mr Walker: There appeared to be no ill-feeling between Middleton and the deceased.

Mr Walker: How was Middleton known to you and did he often attend your house?

To Mr Walker: Middleton was servant to Alexander Minnis, and they were in habit of coming to our house frequently and sparring. There were eight in the kitchen at the time, and there was no ill-feeling in either of their minds.

Mr Henry: Do your farmhands often play with guns?

Mr Henry: They were not in the habit of playing with guns in our house.

Head-Constable Rice: Why did Maxwell take the gun off the rack?

To Head-Constable Rice: I don't know why Maxwell took down the gun.

Mr Mackintosh: Was Maxwell taking his Master's gun home?

To Mr Mackintosh: I did not hear him say he was going to take home his master's gun, but I asked him on the previous Sunday to come and take home the gun, but he did not come.

Mr Walker: Was Maxwell married?

To Mr Walker: Maxwell was not married.

Mr Murdoch: When the gun went off, how was Middleton holding the gun?

To Mr Murdoch: I don't know what position the muzzle of the gun was in when the gun went off.

Mr Mackintosh: Was Maxwell of sound or simple mind?

To Mr Mackintosh: Maxwell was a "wee thing" simple in his way, but he was not silly.

Head-Constable Rice: Can you identify the deceased man as that of George Maxwell.

To Head- Constable Rice: It is his body that is now lying in your infirmary.

Witness #2: Frederick Young

Frederick Young was next examined, and stated;

I am a farm labourer for Mr. A. Minnis at Tullynagee. On Wednesday evening, the 9th inst. I was in the house of John Hare at Ballykeigle, and saw the deceased, George Maxwell, and Henry Middleton there. There were sparring in the kitchen, and carrying on. I believe it was in fun. They struck each other, but not very hard. Middleton came out along with me to the door, leaving Maxwell behind in the kitchen. I suppose it was then about half-past eight o'clock. Middleton returned to the kitchen a few minutes before me, and when I went back Maxwell had the gun in his hand, and Middleton was trying to take it from him. Maxwell was unwilling to give up the gun. I did not hear Middleton say anything to him, for they were all laughing. Middled succeeded in taking the gun from Maxwell. I did not hear James Hare call out that the gun was loaded. Maxwell retreated to the scullery, having hold of the muzzle, and tried to shut the door behind him, but it was only half shut. The muzzle of the gun was pointing to the door, and Middleton had the stock under his arm.

Mr. Stouppe- When did Maxwell give up the gun?

To Mr Stouppe- Maxwell had a hold of the gun till he went to the scullery door, and then he let her go.

Mr Murdoch- Did you see how the gun went off?

To Mr Murdoch: I could not say whether it was his clothes or finger caught the trigger.

Mr Arnold: Was the gun cocked?

To Mr Arnold: I don't know whether the hammer was up or not.

Mr Mackintosh: How soon after Maxwell let go of the gun did it go off and did he retreat from Mr Middleton?

To Mr Mackintosh: The gun went off immediately after Maxwell let go his hold, but I could not say whether he stepped back or not.

Mr Walker: What happened after the gun was fired?

To Mr Walker: I lifted him up after he was shot. He was unable to sit on the chair, and we laid him down and took the waistcoat off him.

Mr Henry: Did Maxwell say anything after he had been shot.

To Mr Henry: He said nothing but "My arm".

Mr Walker: What happened with Maxwell while you waited for the doctor?

To Mr Walker: There was a bed made for him on the floor, and John Hare, William Murray, and I sat up with him all night. William Murray made an effort to stop the bleeding.

Mr Henry: Did Maxwell speak to you of Middleton that night?

To Mr Henry: He did not mention Middleton's name during the night.

Head-Constable Rice: Do you know of any bad blood between Maxwell & Middleton?

To Head-Constable Rice: There was no ill feeling between them that I saw.

Mr Mackintosh: What was your opinion of Maxwell? Was he simple minded?

To Mr Mackintosh: Maxwell was rather joky in his way, but I don't think he was very simple at all.

Mr Stouppe: How did Middleton react when the gun was discharged?

To Mr Stouppe: I think after the gun was discharged Middleton threw away the gun and ran out, but came back again.

Mr Jardine: Did Middleton say anything?

To Mr Jardine: He said he was sorry the accident occurred, and appeared to be very much vexed about it.

Witness #3: William Irvine

William Irvine of Tullynagee, deposed to being present when the parties were struggling about the gun.

I heard Middleton say to Maxwell "I'll shoot you", to which Maxwell replied "Don't shoot me". Middleton got the gun, and Maxwell ran into the scullery, half closing the door behind him, and the gun, which was very near, went off. Middleton had the stock of the gun under his arm and, pointing it at Maxwell, said "I'll shoot you".

Mr Henry: Do you know of any reason why Maxwell and Middleton would quarrel?

To Mr Henry: There was no ill-feeling between the two.

Mr Walker: Why did Maxwell take the gun?

To Mr Walker: Maxwell thought the gun was Mr. Patterson's, and was going to take her home.

Mr Mackintosh: What was Maxwell's character?

To Mr Mackintosh: Geordie Maxwell was not considered a "Soft" boy.

Head-Constable Rice: How did Middleton react to shooting Maxwell?

To Head-Constable Rice: After the shot Middleton commenced to cry, and said he could not help it.

Witness #4: Robert Cooper Parks

I am medical officer of the Newtownards Workhouse Infirmary. On Thursday evening I was sent for to see George Maxwell at the infirmary. I found him suffering from a gunshot wound in the right arm between the elbow and shoulder, but nearer the shoulder- at the junction between the upper and middle third of the humerus. I found the wound had been dressed by another medical man. I re--dressed the wound after examining it. On Monday I found that tetanus had set in, and he died from that, which was caused by the gunshot wound.

Mr Murdoch: Can you describe Maxwell's injuries?

To Mr Murdoch: The shot had gone upwards, broken the shoulder bone, and lodged in the muscles.

Mr Henry: Given Maxwell injuries can you tell us what position the gun was in?

To Mr Henry: The muzzle must have been more elevated than the stock.

Mr Walker: How close was the gun to Maxwell?

To Mr Walker: The gun must have been from two to four feet from him. The wound was not much larger than the muzzle, and the shot had not time to scatter.

Mr Magowan: At what time did Maxwell die?

To Mr Magowan: He died on Tuesday night about half-past eight o'clock

Jury Verdict

The room was then cleared, and after a short deliberation from the jury returned the following verdict:

"That the deceased came to his death in the infirmary of the Newtownards Workhouse on the 15th day of January, 1884, by a gunshot wound inflicted by one Henry Middleton, at a place called Ballykeigle, near Comber, in the County of Down, on Wednesday, the 9th day of January, 1884; and we believe said shooting to have been of a purely accidental character."

Do you agree with the Jury's verdict?

• Yes- Middleton accidentally shot Maxwell
• No- Middleton deliberately shot Maxwell

*The reporting on this case was taken from the Belfast News-Letter, Friday 18th January 1884- the questions posed to the witnesses have been inferred to help the flow and coherency of the narrative.

Death Entry for George Maxwell from irishgenealogy.ie