THE FORT BRITOMART ACCIDENT: CORONER'S INQUEST.

New Zealand Herald, Volume XVI, Issue 5633, 5 December 1879, Page 6

THE FORT BRITOMART ACCIDENT: CORONER'S INQUEST.

As inquest was held yesterday, at 2 p.m., in the Uiitomart Hotel, on the cass of the unfortuuaie man James Boyle, who was killed on Wednesday at the Britomart reclamation works by the falling of a mass of clay from the top of the cliff. Dr. Philson presided as Coroner, and the following jury were appointed: — Messrs. Joseph Dwyer, Thos. Thwaite. Wm. O'Connell, Wm. Jamieson, Francis C. Taylor, Alfred J. Edmunds, Thomas Thompson Anderson, .Edward D. Wilcox, Geo. Kyan, John Newburn Young, Charles Lanesford, Charles Daire, and Edward West. Thoma3 Thwaite was elected foreman of the jury. Mr. James Kussell appeared to watch the proceedings on behalf of the relatives of deceased. The jury viewed the body, and afterwards inspected the scene of the accident. The first witness called was Dr. Charles H. Haines, who deposed to having been called to see deceased about noon on December 3. He found him lying on the ground, about 20 yards from the base of the Britomart excavation. He was quite dead. Both bones of the right leg were broken, the right clavicle and four right upper ribs broken, and the skin in a condition of emphysema, indicating a wound of the lung. The only wound on his body was a slight scratch on his right leg ; no blood about the body ; no fracture of the skull. The above injuries were caused by the falling of a mass of earth as he was working at the base of the cliff. The height of the cliff at the point where deceased was working witness would roughly estimate at 50 feet. The shock of a mass of earth falling from such a height on to a person, must necessarily cause instant death. He did not consider it necessary to have a post mortem examination. The cliff, as it now stands is, in the opinion of witness, highly dangerous, even to passers-by, much more so to persous working under it. Mr. John Aldworth deposed that he was a labourer, living at Newton, and employed by Mr. James Dempsey, contractor, at excavating the earth at Britomart poiut. lie began work there on Wednesday morning at 9 o'clock. The deceased was working along with him. Their work was to bore a hole with a drill in the face of the cliff, which is very high at that point. John Howe, the foreman, set them to work. The foreman gave them no caution respecting the danjrer of the work, and witness did not tliiuk hiinsalf there was any danger in it. Young Mr. Dempsey, son of the contractor, was on the look-out for. accidents, about 50 yards away. Witness was well acquainted with this kind of work, and had reason to believe that deceased was also experienced in the same. They were not digging into the face of the cliff at the time the accident occurred. He did not know if there was anyone at the top of the cliff. They had been about two hours at work when they heard someone calling out to them to look-out and to get out of the way ; that there was some s'.uff coming down from the top. They heard no crack ; no small pieces came down first as a warning. Witness immediately ran away from the cliff, and escaped unhurt. Deceased ran too, but raa in a diff-. rent direction from witness. Witness saw a great mass of earth coming down from above, and this mass fell upon the deceased. On looking round he saw the decea«ed lying underneath this mass of earth, hiß head and shoulders being alone visible. Witness ran up to him at once, being ouly about tire yards off, and he believed the deceased was theu breathing, but not able to speak. He looked very pale. A number of men came up and commenced removing the earth from the body of the deceased. They then took him about ten yards away. He was not dead at that time. He saw no doctor, but heard that one was tent for. Witness went for water, but deceased did not drink any of it in his presence. By r. Russell: Witness said ho had never been warned that there was any danger, and being a new hand, he thought he would have been so warned. John Conway, carter, residing at Ponsonby, deposed that he was not acquainted witli deceased. He was at the reclamation works about noon on Wednesday. Witness was in company with young Mr. Dempsey. He saw a number of men engaged at work on the cliff, but did not particularly notice the decease.!. He was sitting, and happened to be looking at the cliff, when he saw the earth beginning to move near the top. Witness immediately shouted out to the men to clear out. The mass of earth came down without giving any warning. The weight of the mass that struck the deceased must havo been about two tons, but witness did not see it strike any one. Witness weDt over to the place of the accident, and Baw the deceased extricated from the mass that had crushed him. There was such a crowd around him that witness could not see him to tell whether he was then alive or dead. The fall of the mass of earth was broken by having first struck on a ledge above where the deceased was working, and from there rolled down. (By the Foreman): Young Mr. Dempsey told witness ha was on the look-out. (By Mr. Kussell): Deceased was working about three or four feet above the level of the ground. The fall of the earth was not occasioned by the men working at the foot. Witneas was about 25 to 30 yards distant when the fall took place. Edward Dempsey being, aworn deposed, that he is employed by his father James Dempsey, contractor for the Britomart Hoclamation Works, to see that no accident happened from any loose dirt about the hill. He had been employed in this duty ever since the work started and looked after his father's interests in the work. The workmen were directed by John Howe, foreman. He was at the works on December 3, and saw deceased at work, drilling holes in the face of the cliff fur blasting, Witness was sitting in the open air by the side of a shed looking at the top of the cliff, not thinking, however, that there was any danger. He saw a couple of masses of clay on the point of breaking off from close to the top of the cliff, and roll down. He at once called out to the men to look ®ut, and they ran, but one of them was struck by the mass. He at once went over, and saw the men removing the earth from the deceased. He heard him groan once, but not speak. Deceased survived a few minutes, and witness saw him die. Witness had never witnessed any similar accidcnt at the works before, but had heard of one lately, though he was not present at the time. Witness's father was not in Auckland. By the Foreman : Mr. Dempsey was to get £33,000, the amount of his tender. It would cost two or three times more to cut down the cliff from the top than it did to blast. By Mr. Kussell : Witness cid not know whether, in making tae tender, his father based his estimate on the work being done from the top, or by blasting. Witness was not at the place all the day, and when he was away there was no one put in his place to watch and prevent accidents. When there was no danger apprehended there was sometimes no one on tho look out at all. The top of the cliff is all loose rubbly stuff; below that is rock. John Howe, being sworn, said he is foreman for Mr. Dempsey at tho reclamation works, and had been engaged on that work for the last seven months. His duty was to get the ground down in the best and safest way ho could, and he set the men to work. If he saw any danger or apprehended any,

he set a man to be on the look-out. On i Wednesday, December 3, he put deceased to work at drilling the holes in the ground at the base of the cliff, and he had another man, .Aldworth, with him. tie did not consider this work dangerous, so did not put anyone tj be on the watch at this particular spit, but had two men on the look out at another part, where he did think there was danger. Witness was not present at the time of the accident, being at the other side of the hill, charging holeF, but heard of it at once on the deceased getting hurt. He came round immediately, and saw the deceased being got out from underneath the stuff, ihe deceased was not dead, but when he came back from getting a stretcher for him, he. found him dead. Witness believed the present system of taking down the cliff was as safe as any, by taking due precaution. When any very large piece broke off it always gave warning by smaller pieces first falling. There was no warning iu the present instance, and witness considered the accident to have been unavoidable. The men did not get any increased wages on the work if they did not object to the nature of the work. The accident that happened the other day to the man who had his leg broken happened in the same way as this, and there was no warning in either case. He thought it would take six weeks or two mouths yet to finish the work. If the top clay were all away, thei e would be 110 danger whatever. The cliff was about 50 feet, high where the accident occurred. Deceased was 41 years of age, and left a widow with three children. By Air. Russell : There were about 60 meu working all rouud the hill on the day the accident happened. When there is no danger no watch is put oil. The condition of the cliff is worse now than ever it was. Tue top clay is not dangerous, but the layer of pipa-clay below is the most dangerous. By a juror : Jsone of the surface soil came down on this occasion ; only the pipe-clay. Julin Witheridge, be : ng sworn, deposed that he is overseer of works for the Government lie did not sea anything of the accident, not being on the ground at the time, lie had since inspected the place. He did 11 it cjnsidor it to have been at all safe for the men to have been working where they did, with the eliy overhanging. Instead of undercutting the hill, the work shoul l have been done from the top. They could not have done the work in a more daugerous way than the way they did. There was no danger whatever in working from the top, and i c.ul d, in his opinion, be doue cheaper. Lie ha 1 warned Air. Dempsey on several occasions that there was great danger iu tue way lie was performing the work, but had uo t;oi.trol over him as to the management of the work, ihe height of the c ill' is between 70 or SO feet. By Mr. Kussell: When witness pointed out the danger to Air. Dempsey, he "hoped there would be no accident while he was carrying on the work. He did not think that tile putting a man or two to watch for loose stones or masses of clay was of much if, indeed, auy use. There was not sufficient time given to escape, and a man might become llurried and run into danger instead of out of it. Witness had discussed with Mr. Dempsey the advisability of removing the hill by taking it away from the top. This closed the evidence. The jury, after a short deliberation, delivered the following verdict: —" That they find that James liuyle was accidentally killed ; but that in view of the dangerous works being carrried on in the colony similar to that by which Jame3 Boyle was killed, the jury recommend that representation should be made to the Government that it would be conducive to the safety of the working meu that steps should be taken to inquire into the subject, and, if practicable, take protective measures."