1940 Clippings


Ongoing research; last updated on 29 November 2013 


13th January 1940 – Birmingham News

Boys Drowned in Selly Oak Canal

At the inquest in Birmingham on Wednesday on two Selly Oak boys who were drowned when they fell through the ice on the canal, the City Coroner complimented one man on his fine effort to save their lives and uttered strong criticism on another man “thought that when he had wet his feet he had done enough”.
The inquest was held on Richard Francis Maycock (aged 7) and Thomas Joseph Maycock (aged 5), of 190, Corisande Road, Selly Oak, whose bodies were taken out of the canal running through the park near their home on Sunday afternoon.
Evidence showed that the younger of the two brothers went on to the ice that had formed on the canal and the older boy, seeing his danger, went on to fetch him off and both went through.  Frederick George Ashman, who was passing through the park, rushed down and waded, chest deep, through the ice-covered water to get them out and then helped in the effort to revive them, which went on for an hour without success.
The Coroner returning a verdict of “Misadventure” said: “Any person with any sympathy at all could not but feel disturbed that two little boys could have been drowned in this way by falling through the ice.  The father says that he warned the boys, but it is one thing to warn them and another to get them to obey.  Ice on a pool or lake is always a great attraction to young boys.
“The younger one got on at a place of danger, and the other brother, being a brave chap, went to fetch him off, and got into difficulties.
“Under the circumstances we would expect any grown up person to make some reasonable effort to save these boys.  According to the evidence, they were not a great distance out from the bank.  One man who happened to be there thought that when he had wet his feet, he had done enough.  I hope he is pleased with himself.  I am sure I am not.
“However, there was one man who had some guts and went into the water to do his best and it was a great pity that he did not have more success.”
Mr. Maycock, the boys’ father, told the Coroner that only a week previously, he had warned his boys and pointed out to them a similar tragedy to that in which they were to be the victims.  They had promised him that they would not go to the canal again.
Two Men at Canal Side
Raymond Alfred Nash, a boy who saw the treagedy, told the Coroner that he was playing with the Maycock boys in the park.  Tommy, the younger, suggested that they should go on the ice.  He got on first and Richard followed him to try and fetch him back.  Tommy fell through and Richard tried to save him and he fell in.
“They shouted and I ran to get their mother”, he said.  “There were two men down by the canal side and I thought they were coming to help as I ran to their house”.  Previously he had seen other boys right out on the ice.
Frederick Ashman, of 28, Woolacombe Lodge Road, Selly Oak, said that he was walking home through the park with his fiancée.  He was about seventy-five yards away at the time and could see no one on the canal, but he saw two men waving and a young lad ran up.
He ran down to the water and seeing the boys, took off his coat and boots, went on to the ice and fell through.
Both boys were exposed and he waded up to his chest to reach them.  He got them out and then helped the others to try and revive them.
Too Excited to Act
Questioned by the Coroner, he said that there were two men standing at the canalside, but they seemed too excited to do anything.
The Coroner said: “A little cold water would have reduced their excitement a bit.  I think you are to be complimented for a very fine effort.”  To Miss Gwyneth Stevens he said: “You should be very proud of your fiancé”.
Two park keepers were questioned as to why they were not keeping a watch on the ice when it was generally known that it had a fatal attraction for young people.  Both admitted that they were patrolling other parts of the park.  They had only just left the canal.  That day, there had been no boys near the ice, which had thawed slightly on the previous day, but they had to protect children on the swings and in other places.
The Coroner: “You know, if one of you had stood at one end you could have seen the whole length of the canal”.
He observed that from the evidence there did not seem to be any great danger of children running down a slope into the canal or that there was a big need for fencing it off.  It would be a case of fencing off 300 yards of the park and leaving it unfenced for three miles elsewhere where there was equal danger for children who tried to fish of do anything like that.
Sympathy with the parents was expressed on behalf of the Birmingham Parks Committee, and the father, Mr. Maycock, said that he wished publicly to thank the man who had made an effort to save his sons.


5th February 1940 – Parks Committee

Richard Francis Maycock deceased.
Thomas Joseph Maycock deceased.

The Town Clerk presented the following reports:

Richard Francis Maycock deceased.
Thomas Joseph Maycock deceased.

I beg to report that I today (10th January) attended an Inquest held by the Coroner without a Jury on the death of the above children aged seven and five years respectively who were drowned in the Dudley Canal adjoining Selly Park (sic) on Sunday 7th instant at about 4.0 p.m.

The Father of the boys stated that he had very particularly warned the children against going on to the ice, and in quite a restrained manner complained of the fact that the boundary of the park along the canal had not been fenced.  Mr. Charles Farmer of your Committee’s Department stated that the slope to the canal along the unfenced part of the boundary was approximately one in thirty, and that the turf of the park was one foot above the water.  Attention was drawn by the Coroner to the wish expressed by the donors of the land at the time of the gift to the Corporation that this boundary should be left unfenced.  Mr. Farmer explained that the question of fencing had been considered and in his opinion there was no special danger, and no occasion for fencing.  There was no greater danger than in any of the unfenced pools and lakes in other parks.  Attention was drawn to the fact that by reason of estate development the population of the district had increased considerably in the past four years.  This was the first accident of its type in the past twenty years.  It appeared that the younger of the two children went on to the ice and fell through it.  His brother attempted to rescue him and himself fell through the ice.  A Mr. Fred Ashman who was some distance away, ran to the scene and waded into the canal.  He removed the children from the water and assisted their father, who arrived subsequently, in artificial respiration which was continued for one hour, but unfortunately without success.

The Coroner very strongly cross examined the Park-keeper Mr. A.H. Tarr, and P.C. Ridley, the Parks Policeman.  The former stated that there had been no children apart from the deceased boys on the ice on the Sunday, and that the ice had been thawing.  He said it had been patrolled most of the time and that he had only left the canal banks some few minutes before the accident.  It was clear that the Coroner was not satisfied that the banks had been properly patrolled, his view being that there should have been somebody on duty all the time having regard to the thaw.

In summing up the Coroner referred to the father’s complaint with regard to the absence of fencing and stated that there appeared to be little advantage to be gained by fencing as there was some three miles of unfenced path along the canal to which the public had access.  At the same time he wished me to draw the attention of your Committee to the father’s remarks.

The Coroner recorded a verdict of death by misadventure and on behalf of the Corporation I expressed sympathy with the boys’ parents.


Report dated 30th January 1940

 Richard Francis Mayock (sic) deceased.
Thomas Joseph Mayock (sic) deceased.

The Solicitors for the parents of the above-named are claiming damages for the loss of their children.  It is contended that there were elements of (a) allurement and (b) concealed and unexpected dangerous properties and, accordingly, the Corporation and its employees did not carry out the duty imposed upon them, more especially as the Park-keeper and the Park Policeman were, at the time of the accident, in a shelter which was 300 yards away and from which the canal was not visible.

I (the Town Clerk) have denied liability but shall be glad to have your Committee’s instructions with regard to an ex gratia payment, or instructions to defend proceedings, if commenced. 


Report dated 2nd February 1940

Richard and Thomas Mayock (sic) deceased

Further to my (the Town Clerk) report of the 30th ultimo the Claimants now point out that no warning notices were erected at the side of the Canal, nor were ropes or ladders kept in readiness in case of accidents, but that this was done after the accident.

3864   Resolved:-  That the question of making an ex gratia payment to the parents of Richard Francis Maycock deceased and Thomas Joseph Maycock deceased, be left in the hands of the Town Clerk, with authority to make such settlement as he considers advisable in the best interests of the Corporation, or defend any proceedings which may be commenced against the Corporation.


The General Manager submitted the following report:-

Selly Oak Park

I have to report with regard to the fatal accident to two children which occurred on the canal forming the northern boundary of this park on 7th January and the Town Clerk’s report of the Coroner’s Inquest which I understand is being submitted to you at this meeting, that prior to the inquest, your Chairman received a letter from a local resident calling attention to the danger to children owing to the canal not being fenced off from the park.  The Coroner’s remarks in regard to such fencing are no doubt dealt with in the Town Clerk’s report.  If the Committee decide to erect fencing of the usual Cleft Oak open pale type, the cost will amount to approximately £150, and a provisional allowance for this expenditure has been made in the Estimates of Expenditure for the ensuing financial year.

It will be remembered, however, that this park was a gift to the City by Messrs. Gibbins of the Birmingham Battery & Metal Co., and in a letter they wrote to the then Lord Mayor dated 17th June, 1919 relating to this part of the park, the hope was expressed by the donors that the Corporation would leave this land open down to the canal and not erect any fence as this would, in their opinion, interfere with the open nature of the land.

There have, of course, been considerable housing developments in the district since 1919.

The Chairman has received further letters on the subject from the local resident mentioned above, who has also been in communication with the City Coroner since the inquest, and letters have also been received by the Chairman from Mr. S.P. Dobbs and the Coroner.

The correspondence will be submitted to you at this meeting[1].


Estimates, 1940-41
With reference to the report of the Emergency Sub-Committee on this matter, I have to point out that, in accordance with the special request of the Finance Committee, the most rigid economy has been observed in the preparartion of the Estimates and all expenditure other than that of a vital and pressing nature and bare maintenance costs has been eliminated.  The following items in favour of which resolutions have been passed by the Committee prior to the outbreak of War have accordingly been excluded from the Estimates of Expenditure, viz:-
 
(List then given – but it contains nothing relating to Selly Oak Park.
However, further on in the report:- )
 
The only other items of a special nature that have been included are:-
 
(From a list)
(a)               Selly Oak Park, cost of fencing of canal boundary referred to more fully elsewhere in this report - £150
 
 
Prosecutions – Offences in Parks
 
Departmental Prosecution
 
Date:                               18.1.40
Name:                             Stanyard, L. (15)
Offence:                          Cycling, Selly Oak Park
Result:                            Fined 5/-
 
 
Selly Oak Park - Fencing

3874   Resolved:-  That the proposal to erect fencing at Selly Oak Park be deferred pending a settlement of the claim by the  parents of Richard Francis and Thomas Joseph Maycock deceased.


4th March 1940

R.F. and T.J. Maycock

On Minute No. 3864 the following report of the Town Clerk was submitted:-

Richard Francis Mayock (sic) deceased.
Thomas Joseph Mayock (sic) deceased.

In accordance with the above Minute, I denied liability on behalf of the Birmingham Corporation in respect of the death by drowning of the above named children.

Eventually the parents accepted my final offer of an ex gratia sum of Twenty-five Pounds (£25) in full settlement, with £5 Solicitor’s costs.

I should be glad to have my action confirmed and authority to settle on the above terms.

3918   Resolved:-  That the payment of an ex-gratia sum of £25 in full settlement together with £5 Solicitor’s costs to the parents of Richard Francis and Thomas Joseph Maycock deceased, be approved, and the Town Clerk be authorized to settle on those terms.


Attached to the Minute of this meeting there is a cutting from the Birmingham Post, 2nd March 1940:

City Parks in War Time
Provision of Essential Recreation

With the approach of spring activity in the Birmingham municipal parks is daily increasing and is scarcely, if at all, abated by war-time demands.  In fact, the parks are being prepared for an outdoor season that is likely to find the population of the city more than ever attracted to them in search of recreation.
In the coming spring and summer – and particularly because of the extra hour of daylight available this year in the early months – workers and their families are expected to use the parks more frequently than before.  Petrol rationing and the reduced transport facilities will make holiday-making and day excursions to the country pleasures more rarely experienced, and the parks are bound to be more patronized by them in search of fresh air.
For these reasons it is the intention of the Parks Department to maintain all possible facilities for pleasure-making, in the belief that they are a necessity and not a luxury.  Boating, swimming and games will not be interfered with, except where the use of the parks for direct war-time measures is enforced.
The Parks Department has given a helping hand to agriculture by arranging demonstration plots for the benefit of allotment holders, but it is not at the moment embarking on any course of extensive digging for food production, as has been done at Manchester.  Nor are the greenhouses yet being diverted to the growing of produce.  It is desired to keep up the high standard of floriculture for which the city parks have a reputation, though war-time economy will be duly observed.


1st April 1940 – BCC Parks Committee Minute
 
The General Manager submitted the following report:-
 
Trees in Streets – Head Forester

(Compiler’s note – there are portions of this report which relate to the Lodge in Harborne Lane.)
 
As reported to your meeting on the 6th February, 1939, Alfred Parker, Foreman Woodman in charge of the Trees in Streets Staff, retires of the 12th May next, on attaining the age of 65 years.
At the meeting referred to, the Committee approved a recommendation that on Parker’s retirement, the position he holds should be regraded as a Non-Manual post under the designation of “Head Forester, Trees in Streets”, and that the salary should be in accoradance with Grade “B” Technical Staff, viz.- £245 - £300 per annum, plus emoluments, this being the equivalent of the salaries of the Park Superintendents in charge of Handsworth, Ward End, Small Heath, Warley and Aston Parks and the Head Forester at the Lickey Hills, and the emoluments to comprise the lodge in Harborne Lane , Selly Oak (now occupied by Parker), plus fuel, light and mackintosh. ……………..
 
(There follow details of Parker’s replacement.  Then later in the report:-)
 
With regard to the emoluments, the accommodation of the lodge now occupied by Parker is very limited, and it is suggested in lieu thereof MacGregor should be allocated the house at Rectory Farm Sheldon, ………………..
 
(And again later:-)
 
A further report will be submitted in due course with regard to ………… and the tenancy of the Lodge in Harborne Lane.
 
 
6th May 1940 – Parks Committee

The General Manager submitted the following report:-

A.R.P. Trench Shelters in Parks, etc.
As the Committee is aware, many cases exist where public air raid shelters are situated within the boundary of an enclosed park, the gates of which are normally closed at dusk.  In some cases, it has been found possible to provide separate access from the street to such shelters without giving the public access to the park.  In other cases, this has not been possible, and in the event of an air raid warning being given, it would be necessary for the Park-keeper to open the park gates with his keys.

The City Engineer and Surveyor recently reported, however, that he had arranged for locks to be fitted to all entrances to public shelters, (except those which give access to private buildings), and he suggested that the present locks on those park gates which give access to public trench shelters should be taken off and replaced by locks which would pass the standard key, which are issued to the Police and Air Raid wardens.  This suggestion has been agreed to, and it has been arranged that the park-keepers concerned shall be supplied with a standard key.

The Committee’s approval is desired.

By your Minute No. 3946, certain ex gratia payments were authorized for extra duties performed in connection with trench shelters in parks, to cover the period from the outbreak of war to the 31st March 1940.  Authority has since been given by your Chairman for the payment of Two Guineas to A.R. Tarr, the Park-keeper at Selly Oak Park, who did patrol duty at night from the outbreak of war until 22nd January 1940, when arrangements were made for other employees to take over such patrol duty

The Committee’s confirmation is desired.


Appointment of Assistant Forester, Trees in Streets
With reference to my report submitted at your last meeting, I now beg to recommend that C.N. Selibas be appointed to the position of Assistant Forester, Trees in Streets, ………… and that he be granted the tenancy of the lodge in Harborne Lane adjoining Selly Oak Park now occupied by A. Parker, the retiring Foreman, Trees in Streets, at the rent of 10/- per week, which is the same as that paid by Parker.
 
(And later:-)
 
The lodge to be vacated by A. Parker will require some minor repairs and decorations before Selibas takes over same, and the Committee’s authority for this work to be carried out is desired.
 
 
Use of Parks
I beg to report that permission has been granted to the following organisations to have the use of parks mentioned below on the dates and for the purposes stated:-
 
Date                    Park                             Organisation                 Purpose
1.5.40                  Selly Oak                      B’ham May 1st               Open air meeting
                                                               Demonstration
                                                               Committee
 
The confirmation of the Committee is desired.
 
 
4014   Resolved:-  That the replacing of locks on park gates with the standard lock as issued to the Police and Air Raid wardens to give access to public trench shelters in the parks be approved.

4015   Resolved:-  That the action of the Chairman in authorizing the payment of £2. 2. 0d. to Mr. A.R. Tarr, Park-keeper, Selly Oak Park, in respect of extra duties from the outbreak of war until 22nd January, 1940, be approved.


Assistant Forester – Trees in Streets
 
4022   Resolved:-   That Mr. C.N. Selibas be appointed Assistant Forester, Trees in Streets, at a wage of £4. 2. 6d. per week, plus cost of living increase of 3/- per week, as from 29th April, 1940, and he be granted tenancy of the Lodge in Harborne Lane, adjoining Selly Oak Park, at a rent of 10/- per week.
 
4023   Resolved:-   That the General Manager be authorized to carry out repairs and decorations to the lodge in Harborne Lane, to be occupied by Mr. C.N. Selibas when vacated by Mr. A. Parker.
 
 
Use of Parks
 
4025   Resolved:-   That permission for various organisations to use the parks, as set out in the General Manager’s report, be granted.
 
 
4th July 1940 – Parks Department (Operations Card 26 M1)

ARP Dept. to provide a car-park adjacent to the site of the underground Report Centre.  This will entail ashing the site concerned, and, perhaps, providing ingress from the road.


29th July 1940 – Parks Committee


The General Manager submitted his report:-

Local Defence Volunteers

Since the report presented to your last meeting, further facilities have been granted to various units of the Local Defence Volunteers in conjunction with the patrolling of the parks and recreation grounds, etc., in the City, and training purposes.

The following is a list of such facilities:-

Selly Oak Park             Permission to Birmingham City Transport Department, Selly
                                       Oak Section, to use a portion of park for training.

The Committee’s confirmation is desired.

Local Defence Volunteers

4143   Resolved:-  That the granting of facilities to various units of the Local Defence Volunteers in connection with the patrolling of various parks and recreation grounds and for training purposes, as set out in the General Manager’s report, be confirmed.


7th October 1940 – Parks Committee

The General Manager submitted the following report:-

Removal and Sale of Iron Railings, etc.

I received from the Town Clerk early in August, a copy of a letter he had received from the Ministry of Supply, Iron and Steel Control, of which the following is a copy:-

“Steel House,
Tothill Street,
Westminster, S.W.1.
24th July, 1940.
Dear Sir,
The national interest requires that all available scrap metal must immediately be realized for armament manufacture.  Many iron railings, bollards and refuge posts in and around parks and gardens in our streets have no important aesthetic value, and are not serving so essential a purpose that they may not be removed for scrap.  With a view to drawing equally upon the full resources of the whole country, this Control is carrying out a survey of all such iron, both publicly and privately owned, with the intention of formulating a comprehensive scheme for removing everything that is considered unnecessary.
It is essential that immediate action should be taken wherever possible, and it is requested that all Public Authorities co-operate by taking the necessary steps, on receipt of this letter, to remove all railings, etc. under their care which are not clearly needed for public safety.  In this connection you will be interested to learn that H.M. Office of Works have instructed their Parks Superintendents to disregard the preservation of grass borders and flower-beds in deciding the removal of railings.  To date, the office of Works have been able to contribute over 1,200 tons of metal from two of the Royal parks.
I should be glad if you would please inform this Control as soon as possible of the tonnage which you intend to remove and what arrangements you propose to make for disposal.
Yours truly,
(sgd.) S. ROWLAND PIERCE
For DIRECTOR OF SCRAP SUPPLIES”

I understand this letter was submitted to the General Purposes Committee, and that they called in the City Engineer & Surveyor thereon.  He reported to that Committee as follows:-

“The largest supply of iron railings in the City is, of course, surrounding our public parks where I should think several thousand tons must exist.  If these are removed the parks will immediately become unprotected and no substitute can be found at the present time.  Further it must not be forgotten that the capital value of these railings, estimated for the cost of replacement, would probably be in the neighbourhood of £20 to £30 per ton, whereas the scrap value at the present time, although on a very high level, is only in the neighbourhood of £3-10-0. to £4. per ton, from which must be deducted the cost of removal and cartage.  There can be no doubt that unless the Corporation are prepared to leave the whole of the parks unfenced as a permanent policy they will have to incur a very considerable expenditure after the war for refencing.”

The City Engineer and Surveyor sent me a copy of his report and stated that he had noticed recently in London that no effort whatever was being made to take down the miles of heavy cast iron railings around such places as Hyde Park, etc. but they were, on the other hand, taking up the railing around internal paths where this action actually resulted in an improvement of amenities, and where presumably they would never require to be replaced.

After consultation with your Chairman and the City Engineer & Surveyor, it was decided to prepare a schedule of internal fencing in the various parks, recreation grounds and open spaces that could be removed and disposed of without unduly involving the public in danger, and of external fencing in the smaller recreation grounds and closed Churchyards where the amenities would not suffer by the removal.  The following is a copy of the schedule as finally settled, from which it will be noted that the total tonnage amounted to 504.44:-

Selly Oak Park  -           1.1 tons    ( - part of a long list)

This schedule having been prepared, and at the suggestion of the City Engineer & Surveyor I communicated with the Local Liaison Office of the Ministry of Supply, Iron & Steel Control, with a view to obtaining the names of Contractors who might be invited to tender for the removal and purchase of the fencing.  I received a reply from Mr. H.V. Cashmore, the District Representative for Iron & Steel Control, who gave the names of Cox & Danks Ltd., Langley Green, Oldbury; T.W. Ward Ltd., Belmont Row, Birmingham, and John Cashmore Ltd., Eagle Works, Great Bridge, Staffs.

He also informed me that the price obtained for the railings removed from St. Philips Churchyard was somewhere in the region of £3 per ton on the site, dismantling to be done by the Contractors.  He also suggested that the approximate tonnage of 500 should be divided into two separate tenders, as owing to the shortage of labour, it might be more profitable to accept two different Contractors to undertake the work.  He said that when tenders were received, he would advise whether the offers were reasonable.  Tenders were accordingly invited from the firms mentioned, but only two tenders were received.  These were as follows:-

John Cashmore Ltd. 
-       Railings North side of the City         -           £375
-                    South                                      -           £360

Cox & Danks Ltd.
-       Railings North side of the City         -           £350
-                    South                                       -           £320

It will be noted that these tenders work out considerably less per ton than the amount which was apparently obtained for the railings around St. Philips Churchyard.  I have consulted Mr. H.V. Cashmore on the tenders, and he expressed the view that, in all the circumstances, and particularly having regard to the shortage of labour, the prices were reasonable.  I may say, however, that the Ministry of Supply issued a schedule of approximate prices of all kinds of metal, from which it would appear that the general price for Cast Iron is 74/6d. per ton delivered, and for Wrought Iron, Steel, etc. 53/6d. per ton delivered.  There is only a small proportion of Cast Iron among the fencing included in the above schedule, most of which is Wrought Iron.  Furthermore, it was stipulated in the invitation for tenders that the successful Contractors should make good any damage done by the removal of the fencing, but both Contractors who have tendered refuse to undertake this work, which would, therefore, devolve upon your Department.  This, of course, is an extremely costly item.

In the circumstances, the decision of the Committee is requested as to whether the removal and disposal of the fencing included in the schedule should be proceeded with, and if so, whether the tender of John Cashmore, Ltd. is to be accepted, subject to any necessary adjustment of weights and to their being relieved of responsibility for making good damage.

I understand that the General Purposes Committee decided that the matter of the removal and disposal of the railings in and around the parks should be left entirely to the discretion of this Committee, but they wish to be informed of this Committee’s decision.

Removal and Sale of Iron Railings etc.

4197   Resolved:-  That no further action be taken at present for the removal and disposal of the internal iron fencing in various parks, recreation grounds and open spaces, set out in the report of the General Manager, and the General Purposes Committee be informed accordingly.


12th November 1940 – Parks Committee

Removal and Sale of Iron Railings etc.

The General Manager submitted further correspondence[2] from the Director of Scrap Supplies, Ministry of Supply, and after discussion it was –

4243   Resolved:-  That the General Manager be authorized to accept the quotation of John Cashmore Limited, amounting to £735, for the purchase and removal of iron railings etc. from parks and recreation grounds, and the Town Clerk instructed to prepare and seal the necessary documents.


[1]  There was no account of the letters’ content.
[2]  Not recorded in the Minute.