UK Parliamentary White Paper Cmd 1704

by Samuel Fleming

Explosion While Breaking Down .22 Miniature Rifle Cartridges at Dudley Port, Staffordshire.

 

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Explosives Act, 1875.

 

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Report

To the Rt. Hon. Edward Shortt, K.C., M.P.,

Secretary of State for The Home Department,

 

In the matter of a formal investigation held at the Victoria Law Courts, Birmingham, on 22nd May, 1922, by Lt.-Colonel Samuel Fleming, Metropolitan Police Magistrate, assisted by Major A. Cooper-Key, C.B., H.M. Chief Inspector of Explosives, as Assessor, into the circumstances of an explosion which occurred in a Workshop in Groveland Road, Dudley Port, Staffordshire, on the 6th March, 1922.

 

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Presented to Parliament by Command of His Majesty.

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London:

Published by His Majesty's Stationery Office.

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To be purchased through any Bookseller or directly from

H.M. Stationery Office at the following addresses:

Imperial House, Kingsway, London, W.C.2, and 28, Abingdon Street, London, S.W.13;

37, Peter Street, Manchester; 1, St. Andrew's Crescent, Cardiff;

23, Forth Street, Edinburgh.

 

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1922.

 

Warrant of Appointment.

 

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Order of the Secretary of State Dated the 11th day of April, 1922, under Section 66 of the Explosives Act, 1875, directing a formal investigation to be held into the causes and circumstances of an explosion at Dudley Port, Staffordshire.

 

In pursuance of Section 66 of the Explosives Act, 1875, I hereby direct that a formal investigation shall be held of the accident which occurred in a Workshop in Groveland Road, Dudley Port, Staffordshire, on the 6th March, 1922, and of the causes thereof and of the circumstances attending the same.

 

And I hereby appoint

Colonel Samuel Fleming, Metropolitan Police Magistrate, to hold the same with the assistance of major Cooper-Key, His Majesty’s Chief Inspector of Explosives, as Assessor.

 

(Signed)Edward Shortt.

11th April, 1922.

Interim Report.

 

To the Right Hon. Edward Shortt, K.C., M.P.,
H.M. Principal Secretary of State
for the Home Department,

 

Sir,

In pursuance of the Order set out on page 2 hereof, the Court viewed the premises at Groveland Road, Dudley Port, Staffordshire, on the 22nd ultimo, and thereafter at the Victoria Law Courts, Birmingham, opened the formal investigation into the circumstances and causes of the said explosion.

• Mr. Beale, of 12, Newhall Street, Birmingham, represented the Treasury.
• Mr. J. H. Stockdale appeared for the Tipton Urban District Council.
• Mr. C. H. Darby appeared for Mrs. L. K. Knowles and Mr. J. W. Knowles.
• Mr. A. J. Glover appeared for Mr. E. J. R. Chadwick.
• Mr. F. Chapman appeared for the Premier Aluminium Casting Company, Ltd.

The following witnesses gave evidence:-

• Major P. S. Bapty, M.C., a licensed dealer in arms and ammunition.
• Captain F. E. Rogers, Sectional Director in charge of the sales of surplus warlike material at the Disposal and Liquidation Commission, Earl's Court.
• Mr. Harry Andrews, Chairman of the Premier Aluminium Casting Company, Ltd.
• Mr. R. V. Dawkins, a Director of the Premier Aluminium Casting Company, Ltd.

It appeared from the evidence that the Explosives Department of the Home Office was in close touch with the Ministry of Munitions, and, later, with the Disposals Board, and that the storage and breaking down of ammunition by private firms had been carefully considered. In connection with this matter, Captain Rogers produced the following letter:—

 

"12th March, 1920.

"Sir,

"The Secretary of State understands that the Minister is contemplating the sale to private firms of certain dumps of surplus ammunition with a view to the breaking up of this ammunition and the recovery of the components. Since as soon as the ammunition ceases to belong to the Government and becomes the property of a private individual or firm it comes under the provisions of the Explosives Act, 1875, and not only is a licence then necessary to cover the breaking down operations but 'safety distances' must be maintained in respect of the whole of the explosive involved, Mr. Shortt would take this opportunity of suggesting that before any contracts of the kind are entered into the individual or firm concerned should be instructed to confer with the Chief Inspector of Explosives with a view to ascertain if the requirements of the above-named Act can be observed,

"I am, Sir,

"Your obedient Servant,

(Signed)"E. Blackwell."

 

The evidence shows that in January, 1922, Major Bapty bought from Captain Rogers, free-on-rail, about 45,000,000 rounds of .22 miniature rifle ammunition, as scrap for breaking down.

During the negotiations Captain Rogers asked Major Bapty if he were going to do the work himself, because, if so, it would be necessary to have suitable and duly licensed premises. Major Bapty replied that Messrs. S. W. Brice & Co., who held a licence from the Home Office, were carrying out experiments on his behalf.

Major Bapty, however, sold the whole of the .22 ammunition to the Premier Aluminium Casting Company, Ltd., of Hay Mills, Birmingham. The negotiations for this contract were between Major Bapty and Mr. Andrews. When the contract was made, Mr. Andrews ordered the ammunition to be sent to L. W. Knowles, c/o G. H. Yates & Co., Ltd., Groveland Road, Tipton. In a letter dated 26th January, 1922, from the Premier Aluminium Casting Company, Ltd., to Major Bapty, the Tipton Works are described as "our" works. Major Bapty informed Captain Rogers that he had sold the .22 ammunition to the last-mentioned company and Captain Rogers said that the company was known to his department officially and that they were a satisfactory company to carry out the work of breaking down.

On or about 26th January, 1922, the necessary documents were issued to Major Bapty by the Disposals Board authorising him to take delivery of the ammunition he had bought, and he thereupon gave the address at Tipton as hereinbefore stated.

Major Bapty considered that the Tipton Works were part of the Premier Aluminium Casting Company, Ltd., but this is not so. The fact is that this company sold the .22 ammunition to Knowles without mentioning the matter to anyone. He (Knowles) was to break it down and thereafter share the profits resulting therefrom with the said company.

The evidence also shows that when in 1921 the Premier Aluminium Casting Company, Ltd., wished to break down ammunition, two directors, the said Mr. Andrews and Mr. Dawkins, called at the Explosives Department of the Home Office and, after discussion, they received detailed instructions as to the precautions necessary to be adopted before they began breaking down ammunition. These were duly carried out and thereafter the said company began to break down .303 ammunition.

It is obvious, therefore, that when the directors of the company sold to Knowles, they were aware of the precautions which the Home Office required to be taken before the breaking down of ammunition could safely be commenced.

The Court having heard these four witnesses decided to adjourn until after the trial of Knowles and Chadwick on a charge of manslaughter at the forthcoming Assizes at Stafford, so that they might not be prejudiced in their defence.

The Court, however, from the evidence already given, finds:—

1. That Captain Rogers properly gave delivery of the ammunition to Major Bapty, because the latter had informed him that he had sold the .22 ammunition to a company which was already engaged in breaking down ammunition under Home Office supervision.
2. That Major Bapty was justified in selling to the Premier Aluminium Casting Company, Ltd., because he knew that that company was already engaged in similar work under Home Office supervision.
3. That Major Bapty had reason to believe that "Knowles, c/o Yates & Co., Ltd., Tipton," was a branch of the Premier Aluminium Casting Company, Ltd.
4. That the Premier Aluminium Casting Company, Ltd., ought not to have ordered the ammunition to be delivered to Knowles, c/o Yates & Co., Ltd., Tipton, for the purpose of breaking down without first seeing that the premises conformed to the instructions which they themselves had received from the Explosives Department of the Home Office.

The Court will, on the completion of the formal investigation, report fully on the circumstances and causes of the explosion.

I am, Sir,
Your obedient Servant,
S. Fleming
Lieut.-Colonel.

7th June, 1922.