1915-01-18xx

“Saturday’s catastrophe on the bay , resulting in the loss of one life and injury to another, was one of the chief topics before the Board of Control at its daily meeting this morning.”

Hamilton Times.   January 18, 1915.

It was Controller Cooper who brought the matter up at the meeting:

“Controller Cooper introduced the subject, explaining that for the first time in twelve years he had been out skating when the accident happened, and he had been amazed at the reckless manner in which the ice boats flew among the skaters. The other members agreed that some step should be taken to regulate the sport.

“ ‘The ice boats are running wild down there,’ declared Controller Cooper. ‘It’s a wonder that a dozen or more were not killed.’ ”¹

¹ “City May Stop Ice Boating on the Bay : Saturday’s Accident Stirred the Controllers Today.”

Hamilton Times.   January 18, 1915.

The City Solicitor was requested to come to the meeting room. He advised that, in his opinion, it was a matter for the Harbor Commission to deal with. Regardless of his opinion, the solicitor was directed to communicate with the Harbor Board, requesting immediate action on the question of the danger skaters faced with so much reckless ice boating occurring on the bay. It was suggested that an area of the bay be roped off and used by skaters only, and that possibly the sport of ice boating be banned completely on Hamilton bay.

Meanwhile at the Police Court, the ice boaters, Larry Callon and William Davenport made an appearance before the magistrate. Their case was adjourned for a week, and bail was refused, so that both men were returned to the jail.

At the first Harbor Commission meeting after the tragedy, the death of Constance Shipman and the serious injuries suffered by Fern Menary were discussed.

The Harbor Commissioners had already taken note of the dangerous ice boating which had become prevalent on the bay. They had attempted to find another harbor where ice boating had been banned, but could not find one. A pledge was made that the commissioners were seriously considering initiated such a ban, and their solicitors were working on a draft bylaw.

On Tuesday January 19, 1915, three days after she had been struck by an ice boat, Fern Menary appeared to be well on her way to a complete recovery. Her attending physician, Dr. Rogers told the Times that the concussion she had received had abated, and the wound on her head was healing nicely.

The next day, January 20, 1914, the inquest into the death of Constance Shipman was held:

“The Police Court room was jammed to its utmost capacity. Coroner McNichol presided. The crowd even sat in the prisoners’ dock, and when the two men under arrest were brought in, they had to be placed in close proximity with the press desk.

“ The verdict returned  by the jury stated that if proper precautions had been had been observed the little girl might not have met her death,”²

² “Caution Would have Averted the Accident : Killing of Constance Shipman Investigated By Jury Under Coroner McNichol.’

Hamilton Times.   January 21, 1914.

Evidence had been given by the occupants of the ice boat,

several witnesses and some girl friends of Constance.:

“ William Ford was thew first witness called. He was on the ice boat – ‘We went down towards the Beach, and coming back, we got to the north shre, and tried to get through the crowd skating from the foot of John street to the opposite shore, but these little girls were right in the way when we struck them.’

“ ‘Did you warn the crowd of your approach in any way,’ asked Acting Crown Attorney Martin.

“ ‘Yes, we hollered to them, and they opened up, with the exception of the little girls.’

“ ‘Was it necessary to go through the crowd,’ asked Coroner McNichol.

“ ‘Yes,’ was the answer.

“ ‘Were Callon and Davenport drunk,’ asked the Crown Attorney, and he was answered in the negative.”¹

Archie Davies was another occupant of the ice boat. He testified that the girls skated right into the path of the ice bat:

“ ‘They seemed to be talking about something and did not notice us.’

“ ‘Did you have anything to drink?’ asked a juror.

“ ‘Yes, we had a drink at Dynes’ at the Beach.’

“ ‘Did anyone drink whiskey?’ asked the crown.

“ ‘No, only ale and cigars,’ was the anser.”¹

Several friends of Constance Shipman’s friends took the stand to be questioned about the affair:

“ ‘The boat was going so fast we could not see it,’ stated little May Garden. ‘I just saw the boat in time to get out of the way, and when I truned around Connie and Fern had been hit.’

“ Lillian Hill, who was also with the two girls who were struck, stated that she had been skating with Fern Menary and Constance Shpiman.

“ ‘They stopped behind us,’ said the witness, ‘and when we looked around, they were trying to get out of the way of the boat. The boat struck them and knocked them several feet.’ ”¹

Harry Truscott was in the vicinity of the collision, and he testified that William Davenport struck him immediately after the accident:

“ ‘ I saw the iceboat strike the girls,’ he said, ‘and I, with a number of people crowded around the boat. The men would not give their names, and someone hollered at me to pull down the sail. This I tried to do., but Davenport stepped up to me and told me to let it alone. I distinctly smelt liquor on his breath and I dropped the rope and he punched me.’”¹

The final witness was Dr. Hess, who had performed the autopsy on Constance Shipman’s body. He stated that death was due to hemorrhage of the brain, caused by a wound over the right ear. Her skull was fractured.

The verdict rendered by the coroner’s jury read as follows:

“We, the jury, find that Constance Shipman came to her death through being struck by an iceboat sailed by Lawrence Callon and owned by William Davenport.

“If further caution had been taken the death would have been avoided, and we recommend that the Harbor Commission make necessary regulations regarding iceboating and skating on the bay.”¹

Just a few blocks north of the Hamilton Police Court, the funeral of Constance took place. Her remains were sadly carried from her family home, 488 John street north, to the nearby St. Luke’s Anglican Church where services were conducted. Burial was at the Hamilton Cemetery.

(To Be Continued)