Birdsey may be appealed, says the executor of his estate.

Mr. Birdsey, 77, the brother of renowned Bermuda painter Mr. Alfred Birdsey, died at King Edward VII Memorial Hospital on December 22, the inquest was told.

After hearing from family physician Dr. George Shaw, hospital pathologist Dr.

John Winwick, and Police, coroner the Wor. John Judge ruled the death accidental.

The death was due to respiratory failure caused by broken ribs suffered in a fall on December 19, Mr. Judge said.

But as Mr. Judge was delivering his findings from the 40-minute inquest, two women in the public gallery stood and addressed the court.

"Someone in the (hospital) parking lot said he choked to death,'' said Mrs.

Bette Wivell, the executor of Mr. Birdsey's estate.

Mrs. Nora Kast told Mr. Judge she was in the parking lot with Mrs. Birdsey's 85-year-old widow Nan when a hospital employee said Mr. Birdsey choked to death after a nurse cautioned him against eating too fast.

Coroner's Officer Sgt. Rex Osborne, who had already called all the evidence in the inquest, said this was the first suggestion he heard of death by choking.

"There is no evidence of choking before this inquest,'' Mr. Judge said. "I can only deal with what was found by Dr. Winwick.'' The pathologist testified the Morgan Hill, Somerset man died of respiratory failure related to rib fractures he suffered in an accidental fall at home.

After the inquest, the women approached Dr. Winwick outside the courtroom and told him what they heard about Mr. Birdsey choking to death.

"Nonsense,'' Dr. Winwick told them. "He did not die of choking on his food.

"The hospital suffers a lot from rumours like that.'' Mrs. Wivell said she did not understand why the inquest was called unless the death was thought suspicious, noting that Mrs. Birdsey has been unable to collect insurance, even to help cover funeral expenses, while waiting nearly six months for the inquest.

But Dr. Winwick said an inquest is called when it is believed the cause of death is other than a natural one. In this case, it was believed Mr. Birdsey's death was related to his fall at home, he said.

Born in the United Kingdom, Mr. Birdsey moved to Bermuda at age four. He was divisional manager for Brooks Brothers in the US, and also worked for Gibbons Co. Ltd. in Bermuda.

After talking to Dr. Winwick, the women seemed more content. However, "I'm basically still not satisfied,'' said Mrs. Wivell. "I think we will probably appeal.'' She first wanted to discuss the matter with Mrs. Birdsey, who could not attend the inquest.

Attorney General Mr. Walter Maddocks said he had never heard of an appeal of the finding of a coroner's inquest. Sgt. Osborne said the women should have told him about their concerns much sooner.

A Police officer testified he answered a call to the Birdsey residence and found Mr. Birdsey on the floor in the back bedroom, his torso resting on a two-foot-high wrought iron footrest.

"He said he was walking out of the bathroom to the bed when he tripped on his walking aid and fell on the footrest,'' the officer said.

Dr. Shaw testified Mr. Birdsey had recently been treated for "significant heart problems'' and was in the habit of not taking his medication once discharged from hospital.