CHARGE OF MANSLAUGHTER DISMISSED

Grey River Argus, 29 October 1948, Page 2

CHARGE OF MANSLAUGHTER DISMISSED

Liverpool Mine Fatality Scene in Court An unprecedented scene was witnessed in Greymouth Police Court yesterday afternoon, when a charge of manslaughter against a mine trucker was dismissed. The large body of miners in the spectators’ gallery clapped and cheered until ordered io silence by the Court orderly. The case was a sequel to an accident in the Liverpool State mine on April 21, 1943, when a runaway truck struck, and so seriously injured a man, that he died the same day in the Greymouth Hospital. Reginald John McCrane, 28. married, trucker, of Ranfurly Street. Runanga, was charged before Messrs M. J. Fogarty and P. O’Farrell, J.’sP., with the man-sv,Urri--of Thomas Wright Alexander Blyth.

COURT’S DECISION Mi’ Fogarty announced at the close of the case, that the Bench was satisfied McCrane had no case to answer. “We fail to see anything to substantiate a charge ol manslaughter against McGran.c, and no Court would convict. The case is dismissed". Mr Fogarty added that the police had a duty to investigate the case, and he believed they had done their duty. Senior-Sergeant R. C. Mcßobie prosecuted and Mr C. R. McGinley appeared for McGrane. A working model of a two-time “jig", similar to that used in the Liverpool mine, was used throughout the case to demonstrate the evidence. Seventeen witnesses were called by the Coroner. The courtroom was packed by about 200 miners from the Liverpool mine, who ceased work yesterday as a protest against the C. • SAFETY BLOCK CLOSED Henry James Gilligan, mine deputy, said th'at lie- was in charge of the Kembell West Dip section of the Liverpool mine. Gn the day of the accident. he had inspected the workings, and had found the- safety block on the two-time jig in the closed position. No jig operator, he said, would release the "safety block until he had received a signal from the bottom of the jig. ' Gilligan said he could not indicate the length of .time the safety block in., question had been in use, but it was- some considerable time. There had never been any complaints from jig operators regarding the safety blocks.

-To-Mr McGinley, Gilligan said Blyth had been in the mine about two months.

Would you say McCrane was a conscientious' worker?—Yes. Have there been any other accidents due to McCrane? —No. Should the flat sheet on top of the two-time jig be sloped?—No. Then it would constitute a danger? —Yes. Did .you know that the Union had been agitating for the installation of patent safetv'blocks? —I know there are two patent blocks at the mine await ing install ation. Did you see the block after the accident? —Yes, and it was in position. Gilligan admitted that if the blocks were slightly out of alignment, and received a sudden jar, they would fly open. He was convinced that the

safety block was in position at the time of the accident.

TRUCK BREAKS THROUGH James Penrose, trucker, said that after “crib”, on the day in question, he took a full truck to the jig head. He was signalled through, and brought the truck to the fiat sheet, where he turned it. The truck ran fairly fast towards the safety block, gave a kick back, and then went on through the blocks, and down the jig incline to the bottom. He looked at the blocks and found they were open. “Unless the blocks are square on at the moment of impact, they can easily jump out”, said Penrose. He added that he could not look at the blocks as he brought up the truck because he was concentrating on holding it. From the way in which they were lying, he did not think the blocks were open when he brought out the truck. When the truck got away from him, he yelled, “Look out below!” and shortly after he heard someone calling for help. To Mr McGinley, Penrose said the type of safety block in question was very out of date. | Have you ever known a truck toi I jump a block? —No, but I have known |bne to push through a block. I “GET FOR YOUR LIFE” William Steele, trucker, said he 'was assisting Blyth to push empty [trucks to the bottom of the jig. While waiting for two trucks to be drawn up, he called out to Blyth, “Get for your life!” Someone had yelled out. from above: “A runaway!” "I then ran for my life”, said Steele, “and I heard a truck coming slowly behind me, and I jumped off the rails”. He said he turned back, and heard Elvth say: “Take the truck off my leg”. Steele saw Blyth lying on his back. He instructed two truckers to | get assistance. MAN WITH LEG OFF i Henry John Lynch, miner, said .that some time after crib, on April '2l, McCrane came to him and said - I Go for your life; there is a man with his leg off”. McGrane did not say how it had happened. SURE BLOCK WAS IN Constable Joseph P. Molloy, of Runanga, said he interviewed McGrane. who said he was sure he put the ( block in immediately before the runaway. He said he was unable to explain how the truck got through'the: block. McCrane said he was confident that it was the first loaded truck that came out after crib, Constable Molloy added. MEDICAL EVIDENCE Dr J. H. Mclntyre said that, when , Blyth was admitted to the Greymouth Hospital on April 21, he was profoundly shocked and in extremis. He had a fractured leg and other injuries. Blyth was admitted at 2.15 p.m. and his leg removed, but he died at\B p.m. He was suffering from irreparable loss of blood. SAFETY BLOCK FOOLPROOF

Leonard Cyril Cook, Inspector of Mines, said lie investigated the scene of the accident on April 22. He examined the safety block and found it closed, but could find no evidence of a truck having passed over it. In his opinion the safety block was quite foolproof if used properly. To Mr McGinley, Cook admitted that there were runaways, and they were not uncommon. He did not know that the Union president had been pressing for the installation of patent safety blocks. To Senior-Sergeant Mcßobie, Cool; said the present safety blocks had been in use for much more than 25 years. Mr McGinley submitted that there had not been a tittle of evidence to uphold the charge submitted by the police. He asked that the case be dismissed.