Ellen Harley

Ellen Harley was a resident of Redan, <1889.

History
Hurley died on 8 April 1889 from injuries: "Ellen Harley, aged 60 years, died in the hospital on Monday night from injuries received through a fence falling on her at Redan. Deceased was a widow."

The fence was on the corner of Skipton and Darling Streets, and was part of a property leased by the Ballarat Tramway Company: "An inquest was held yesterday, before Mr Thomson, P.M., regarding the death of Mrs Harley, who was killed on Monday by the fall of a fence at the tramway stables in Skipton street. Inspector Parkinson was present during the proceedings, and Mr Morrow, of Cuthbert, Wynne, and Co., appeared on behalf of Mr Laird, the owner of the premises, from whom they are leased by the Ballarat Tramway Company. A number of witnesses were examined, and the evidence showed that the structure had been in a very dangerous condition. It was put up some six years ago, and three years since fell down in an exactly similar manner to that which on Monday caused the death of the unfortunate lady. After a sitting of about two and a half hours the inquest was adjourned until to day to allow the jury to inspect the place, and for further evidence to be procured. The enquiry will be resumed this afternoon at the Redan Club hotel, Skipton street."

The Inquest
Transcripts from the inquest: Coroner’s Inquest

John Laird
Boiler Maker residing at Drummond Street

I know where the accident occurred by which Ellen Harley was killed. The wall which fell upon her belongs to me. It has been my property for about six years. It formed part of a building in Surrey Street and was brought by me to Darling Street and put up to form a shed which was never completed. I let it and the ground inside it to the Tram Company on the 30th of April 1888 - ??? year by year, receiving three months’ notice to deter???? the tenancy. It was fastened by four or five stays nailed to pieces of wood driven into the ground. The stays reached nearly to the top of the wall. There was also a plank across the corner fastening the two sides together. There was ? at the other end a piece of wood fastening the wall to the fence now standing near what was my shed now used for stabling by the Tram Company. The only erection between the two fences was one board nailed to each fence. The stays have supported the wall for six years. The same wall fell down three years ago in a stormy night. When I put it up I put two more stays to support it making four in all. I have never looked at the wall since I let the premises. The stays three years ago were nailed to pegs driven 3 feet into the ground.

Robert Scott
Doctor, Ballarat Hospital The deceased Ellen Harley was brought to the hospital on the 8th of April 1889 at 11.45 am. On admission deceased was in a collapsed condition, but quite sensible. On examination the whole of the left side of the chest was found to be crushed in; there was also a fracture of the right thigh bone, a slight abrasion over the left knee and some bleeding from the nose. Deceased gradually sank and died at 4pm on the next day. In my opinion death was from shock, the extent of injuries received – she told us that a fence had fallen on her. A fence 40 feet long and 10 feet high of hard wood might result in her injuries.

After this witness the court has adjourned to allow the jury to inspect the ground. Evidence taken in the adjournment:

John Laird recalled
I have seen the wall this morning. There are three stays now lying on the ground. Three years ago one stay was put in afresh and two other ones were put in. The eastern stay was I think put in more than a foot in the ground – I drove it in as far as I could. The middle stay is (unsecured?) about a foot from the end nearest the ground. The nails have been drawn out of the stay and remain in the peg. The next ? stay was nailed to a peg, which I felt with my foot- it was buried in the manure. The wall is laid in blocks a nail here and there put in to keep it in place. I could not say how many nails I put in the the uprights studs and boards. I cannot say that thirteen boards were not nailed. The cross board at the corner appears on the ground, the nails were drawn out of that and remain in the wall plate. I think the stays were sufficient to keep up the wall, into the bolts on the wall plates. (The stay was produced in court). I now see the eastern stay and peg and I state the peg shows that it was driven 18 inches in the ground. The (boilers?) are mine which are now lying on the ground. The boilers remain where they are with the permission of my tenant. I did not notice if the wind was blowing at the time. It is let Robert Trevor Moore – term 12 months from 23 April 1888 with the option of renewal for twelve months. The wall plate is 8 by 12 inches hardwood. The tenant is to keep the premises in repair, wear and tear accepted.

Robert (Trevor?) Moore
Manager of the Ballarat Tramway Company

I am the occupier of the premises where the wall fell. I am Mr Laird’s tenant under the lease produce. I have seen the wall now lying down. I entered into occupation 12 months ago. I did not take notice of the wall. It seemed apparently all right; my attention was not directed to it in any way. I was never told before the accident that the wall had fallen down three years ago. Nothing has been done to the fence during my tenancy. The fence has never been interfered with in any way. The fences secured to the stays in the usual way.

Thomas Parkinson
Inspector of Police Ballarat I examined the fence in question this morning. It is 45 feet long by 10 feet high. It is all wood, hard wood, and was placed on 11 blocks, into three of which nails had been driven. On the western end the fence was stayed to another fence by one piece of soft board about four feet long. The eastern end was fastened to the corner stud by seven 1½ nails. Across the corner was a stay nailed on the top of the wall plate, this was lying on the ground, the nails having been drawn out and remaining on the plate. The stay was sound but not quite so ??. The three stays inside the wall were boards 6 X 1. The peg to which the eastern stay was nailed had been driven into the ground about 15 in and was pointed. The stay was drawn out. The middle stay had been torn from the peg which remained in the ground and was firmer – the end of the stay neat the ground was split – two nails remaining in the peg. To the third stay I could find no peg in the ground and I could find no evidence of nails. The whole structure did not seem to be safe.

The coroner and jury found that the fence was badly constructed and unsafe: "The jury empanelled to hear evidence regarding the death of Mrs Ellen Harley have returned the following verdict —'That the deceased, Ellen Harley, met with her death through shock, the result of injuries received by the fall of a high fence upon her body, and we find that the said fence is the property of John Laird, and was erected by him, and also that the fence was carelessly erected and insecurely stayed.'"

The Crown Prosecutor did not think that a prosecution would be successful in view of the length of time the fence had been standing.

Result
The Attorney General reviewed the findings and wrote: “I do not think that this case is so clear as to call for a prosecution, especially considering that the question as to the respective responsibility of the landlord and tenant ??? arise.

''Coroner Inquest Deposition Files, 1840-1925. VPRS 24 (Inquest Deposition Files). Public Record Office Victoria, North Melbourne, Victoria.''