MGIITCAPS DISASTER.

Otago Daily Times, Issue 13945, 3 July 1907, Page 3

MGIITCAPS DISASTER.

CONCLUSION OF. THE INQUEST.

THE CORONER'S SUMMING UP.

DEATH CAUSED EY WHITE DAMP.

■CIDER ADDED BY THE JURY.

(From „our Own Correspondent.) NIGHTCAPS, July. 2. Tho inquiry into the circumstances connected' with tho death of the victims of the recent disaster at tho Nightcapß coal mine— William Duncan, Patrick Walsh, and- William Carson—was continued before tho Coroner (Mr M'Carthy) and a jury consisting of' Messrs 11. Irwin, G. Burtenshaw, A, Tull, W Jaggors, D. C. M'Kenzie, and J. 0. Clapp (foreman), to-day. Mr Solomon, K.C., appeared for tho relatives of tho deceased and the coal miners, Mr Haggitt for tho New Zealand. Accident Insurance Company, Mr Longuet for the directors of the Nightcaps Coat' Company, Mr 'i'. M. Hacdonald for the Department of Mines, and Mr Hunter for the mine manager (Mr Lloyd). Mr Green (inspector of mines) and Mr Handysidp vera present. ' ' i Mr Solomon resumed Jiis cross-exJmination of Mr Lloyd, mine manager, Mr Solomon. _If Mrs Carson says that tho drink you had 'at her houso on the Thursday night was produced by you will you contradict her?—: Witness: I will if she says that; '

Mr Solomon: That Thursday afternoon you gave her husband five shillings to buy a bottle of whisky. Will you contradict her?— Yes. . '

Mr Solomon: Havo you been on good terms with Mr and Mrs Carson?— Yes. -

lit' Solomon: Can you imagine any reason, why the woman 'should show any ill-feeling' towards you by saying anything that was not triio?—No, except that Bho was prompted by her mother and lather, Mr Solomon: You went to her Bince tile disaster and wanted her to swear that you wero not drunk on the Thursday?— Not that; but I wanted her to say that I had not been at her house.

Mr Solomon. It it not a fact that you wanted 'this woman to sweat a lio to save you?— Yes, 1 ' Mr Solomon You wonted her to sign a ' paper to that effect?—l did not. Mr Solomon: Did you not send a child to her to sec whether sho would sign a paper to that effect?—l v sent a child to her to get & note. ' 1 Mr Solomon: And you sent another woman (Mrs Dempster) to see Mrs Carson?— Yes. Further cross-examined, witnesß denied that ho had interviewed Mis Carson four limes after the disaster. He admitted that lie was drinking a little niter the accident. His mind was deranged then, and was so »ven now. \Vitnes3 did not know that white iamp was tnore or less present in all smoke. Ho did not linow tliat white damp was a common accompaniment of all fires in mines. Ho 'knew (white' damp was the deadliest poison to lx: found in a mine. Ho had never troubled to find out the scientific side ot this deadly poison. Mr Solomon: fi it not a fact that you can bo kept down by playing plenty of air on the fire, then you did tho very thing that prcduccd that deadly poison by stopping * tho fan?—lf I.had kept the fan going it would have set fire to tho whole mine. ' • Mr Solomon: Yob; but you would have aaved tho men ?—Witness Baid he knew that. Jardino wanted to put on the fan, and it was put oil by Frame about 8.30 a.m., when the manager was lying * down. Beer from the local browery waa brought to tho mine about 5.33 in the morning by witness and Carson. Botwcen 8 and 9 o'clock on Friday morning witness was perfectly sober, Brandy waa brought to tho mine about tho time the dootor arrived, and' witness had one nip of it.

To Mr Hunter: Witness did not think the Bicknoss of tho mon' was produced from anything in tho regions where Carson and Walsh wero sent. By tho aid of the plan witness showed tho jury why lje did not set tho fan going. Tho reasons wero that tho headings outside tho stdpir.gs wore full of smoke, and tlicreforo he knew thnrt tho intake of the air would be more than the outake. Had ho put on tho fan it was bound to create more flame and moro gases, tfoerotoro making it moro dangerous for tho men and the mine. It should not havo taken Carson and Walsh more than 10 minutes or a quarter ot an hour to put up tlu brattice. That was all he told them to do when ho scut them. Tho ventilation in Carson's heading was good. Had the inspection been made with a safety lamp before tho men were sent in he did not think white damp would havo been detocted. In his experience tliero WW vory little difference in the effect of a safety • lamp or ordinary lamp. Before one could detect white damp it would kill all the men making the inspection. Ho still considered that under'all'tho circumstances, as they were presented to him at the time, lis us ted reasonably. When he went to Mrs CarBon's, after the disaster, he asked her to say nothing. about his having been there on the Thursday. He did not caie for it to be known thai ho had been there. When Lysaght came out lie went to the (turning to get water, and said tho men in the mine had nothing to drink, neither ivater nor anything olse. Witness Bivid. "We will try and get a drink of beer at tho nearest pines—tlio brewery,— and take it into the mine with the canvas." 'Two gallons of beer wero brought. Ho was >ist in the habit of allowing liquor to be brought to tho mine. Dunng tho two days— Friday and Saturday—lG bottles of brandy wero brought for the use of those ovoroome nnd those engaged at rescue. Altogether there would bo about 20 men engaged at tlio rescue, but a lot of outsiders, who had no right to 'have tho brandy, had some of it. All the drink witness had was two nips of whisky on tile Thursday evening, one glass of beer in tho mine on the Friday morning, and one or two . nips of brandy on the Friday. He was not drunk on tho'Fridav. He was very bad from exhaustion, anxiety, and damp. To Mr Longuot: Witness bad been manager lor 2G years. Everything had been done to prbvent accidents. Tho owners had supplied hint with everything ho asked for. After tlio fire, over four years ago, safety lamps had been provided. Since the mine started tliero had been three fatal accidents in tho mine up to tho rocont one. Tho fii'st—six years ago—

was caused by ft tall of coal from tho loot, Tho next—five years ago—was caused by a tall of timber, and tho othor—four years ago—was caused by a fall of coal at the face. Previous to June 21 there had been no fatal accidents fiom damp. Witness saw the place dt. tho fire on Monday and Tuesday, and everything wm. apparently right An earthquake ahock was iolt severely at Nightcaps on the Tuesdpy evening. Witness heard Jardino say Ihat the fire had probably been increased by a fall inside the stopings. Probably the earthquake would cause sucli a fall. On tho Tuesday morning the- stopings were a little hot. There was 110 air going itxte the permanent plopings, He ordered tho underground viewer to put permanent stopmgs in, and bo Btatred to do so. There wore provisions in the net giving officers of tho Coal Miners' Union certain rights to inspect tho mine. They

A cotiglx is a danger signal. You Should heed its warning promptly. Bogin »t once, and take tegular , ioses of

never made any inspeotion of tlio mine, 01 made any complaint to him. Ho gave no instructions to Walsh and Carson as to means of escape if there was any danger, because witness went down with them.

To the Foreman of the Jury: My reason for warning Duncan and not. Carson and Walsh was that I was to charge of them. Mr Solomon: But vou had left them.

Witness: I heard them in the heading. I told Duncan that if tlio smoke got stronger he was to go through a certain door. There was fresh r.ir there. To Mr Macdonald: Witness was at the engine when ho heard the explosion. It appeared to come out by tlio old lay-by road. Ho would say that tho explosion was caused by ga«. The explosion was caused either by & large fall p.t the back or by the starting-of tho fan. It put so much pressure on that it drovetho fumes of the (ire out through the drive. It could not possibly escape through tho out-lake. The explosion did not burn. It cam>3 right over witness's head. It was a kind of blue wr.vo of air. It.would probably bs a fool or 15in from tho roof. This took

place at 7.40 a.m. oii the Friday. After this occurred witness ordered the men not to go into the mine without safety lamps. Joseph Frame, underground viewer, and holding a first-class certificate of competency as a manager, said that on the morning of June 21 he and William Jardine were called about' G o'clock. Jardine wont to No. 1 mine and witness to No. 1, arranging to meet at the engine. He raw Lloyd and A. Dixon. Lloyd told witness tlir.t Carson, Walsh, and Duncan had gone down the rVip to fix somo . brattice work at the top of Carson's heading to prevent air getting to the fire. Witness asked what time these men went down, and Dixou said "20 minutes to 7." Witness pulled his watch out, and it was 19 minutes past 7. Witness then said to Lloyd, " There's somethin); wrong; they have been down too long." Then they talked about the fan. ; Lloyd said he did not think it was safe to start the fan. Witness then asked A. Dixon to go down with him. Witness and Dixon proceeded down the dip for 20 or 30 yards. Dixon then said; "I can't go any farther, I shall have to return." Witness returned back with him to the engine site. When Jardine arrived he and witness went down tho dip. Witness corroborated JaTdine's evidence as to what occurred.as they went and as to the finding of Duncan's body. Witness returned when Jardino said, " For God's sake try to start tho fail," When he got to the top of tho dip ho fell, bis legs giving ■ way; and lie saw Lloyd and Dixoii, and told them to start the fan. Witness then expected to sco Jardine coming up. When Jardine did not arrive, witness knew ho must have fallen. Witness said to Lloyd, "Duncati and Jardino are down at the lay-hv." Lloyd said,We can't do any more until fresh men arrive." Witness was in a hurry to get the fan going, and thoy were signalling to tho engineman (Peter Grant) to start the foil. Grant said, 14 1 can't get' near tho fan for smoke." Witness said, " Try it again," and Grant went. Subsequently Grant told him that the fan ran for half an hour. When Moncriell and others, arrived witness told them that Jardine and Duncan went down in the lay-by, and that they, wero alivo. They wanted to go down after the gas had caught, and .Lloyd would not allow them to go without safety lamps. 'A dash of»darkish blue gas went running alon<* the roof. Witness did not feel it hot. They all ran away. There ww about 30ft ox 40ft of gas running along the roof. Ho had sent A. Dixon up to open a door, and witness thought that it must have been Dixon s light that caused the gas to ignite. Not long aitcTwards witness went by.the station to get tho retort books and the air meter. While he was getting these things'some more gas caught from his lamp, which was on his head. The colour of flame was the same as that of the first one. When the gas ignited in the dip eight or nine men were present, among them being Thomas Todd and Sam Lee. When the safety lamps came they went down for Jardino and Duncan. Duncan was dead when he was brought up. and Jardine was unconscious. Witness was not sure whether it was beforo the safety lamps arrived or after that that Lloyd said to him: "I will leave you in charge of the mine, as I am knocked up with -the damp." or words to that effect. The men and he consulted which was the bast way to go down again. Witness described "the journey in the. attempted rescue of Carsop and Walsh. The first attempt failing, they decided to brattice the mouth ot cacli old working place, to convey the air down the dip. This work was finished about 5 o'clock, and after that witness ordered all men out of the mine for two hours, because no one could, livo there, and that would give time tor the damp to clear away from tho places to which they would have to go in search of Walsh and Carson. When they got the safety lamps he tested the air with a safety lamp, and found a cap on it. At 7 p.m. a party went in. and witness had to come back because of black damp. The party then went up the left side of a heading, and discovered AValsh's body. A fresh gang discovered Carson's body. Witness had never previously experienced white dump.

To Mr Solomon: Witness did not doubt from the way he was affected that there was white damp in the mine on the Friday morning. Tho dip was clear of white damp now. • It' the same test had been applied before these men were killed as tho test witness applied, the presence of white damp would have been discovered. Two or three minutes after he went into the mine with Dixon on the Friday morning he felt tho effect of some gas.

Mr Solomon: Do you think any experienced miner would be in the mine that morning without knowing it'was'dangerous?—Well, it was dangerous. The Coroner: Was what you did to test the mine for gas with a safety lamp what any experienced miner would have done?— Yes.

To Mr Solomon: No one then suspected that tliero was white damp there, Lloyd and" Dixon never thought of turning on the fan until witness camo to them with the message from Jardine. Mr Solomon: li the fan had not been turned on Jardino would have been a dead man?— Witness: Well, it gave fresh air. Alter tho fan had been turned on, Moncneff, Todd, and MacDowell found and rescued Jardine. Tho fan turned up fresh air for half an hour through, the mine, and dispersed tlio gases front tlio part of tho mine where AValsli and Carson were. Thomas Todd, miner in the employ of the Nightcaps Coal Company for clo6e on • five years,' said that 1 when be saw Lloyd a little before 8 in tho morning Lloyd seemed to have ■had a bad time \vith the fire. Witness saw no signs of drink about him. To the Coroner: Witness felt the effect of the damp. He felt a complete weakness all over. lie was unconscious for a good while.

Mr Mac Donald intimated that he did not purpose calling, any more witnesses. There were a number of others in attendance, and if any of his friends wished to examine any of them they wcro there for. the purpose. Mr Solomon called A. li. Jackson, secretary of the local branch of the Coal Miners' Union who deposed that he had applied to Mr Lloyd to make ah inspection of the mine when necessary, and was refused. That was IS months ago. He had had 15 or 10 years' practical experience as a coal miner. Witness honestly thought, after hearing the evidence, that had the provisions of the act ill regard io safety lamps been carried out it would have, to a certain extent, averted this disaster. If the provisions of the act. as to tho removal of men and the inspection in case of danger hod been carried out, in witness's opinion the disaster could not have happened at all. It was more necessary, when a fire had breken' but in a mine Jnd men were employed in the vicinity, that special attention should bo paid to ventilation. "Witness should certainly say that when the fire had broken out at these stoppings in the middle of Thursday night, and "it was impossible to bring water upon it. the place was then in'a dangerous state. From what he know, he had no hesitation in saying that in the middle of tho' Thursday night the men working in the mine should have been withdrawn. Witness saw Lloyd at tho mine between 9 and 9.30 on the Friday morning. In witness's opinion, Lloyd was then under the influence of liquor.

To Mr Hunter: He knew that the effect of while damp on a safety lamp would be to show a cap on the light and a blue flame. Owing to tko smell of Lloyd's breath raid a stagger, 110 thought Lloyd woa intoxicated. He knew that one effect of damp would bo to make a mail stagger. Lloyd's speech was thick. Witness believed that with all the trouble the man had gone through a smaller quantity of liquor than usual that morning might have affected him.

Mr Solomon said that there was & conflict of evidence as to whether Lloyd was drunk or not on Friday morning, and he (Mr •Solomon) was willing to give Lloyd the benefit of tlie doubt.

The Coroner said that in any caso lie would have instructed the jury.'that tlioro was not sufficient evidence tu show that Lloyd was drunk.

Mrs Carson, widow of 0110 of tliß deceased, was , called by Mr Solomon. She said she tomemborcd tlio Thursday before lier husband died, and she rcmemlwred Mr L'.oyd being at her house on the evening oi that day. Her husband was there at tiio samo time. Lloyd gave her husband some shillings to get a bottlo oi whisky. Her Husband went for the whisky, Lloyd remained in the house. Her husband was away a few minutes, and came back with a bottlo of whisky. That was between half-past 5 and 0 o'clock. The bottle was opened, and Lloyd had either two or three drinlts out of it. They went out at train time, and her husband had one drink. Lloyd came back some

.time after 8 o'clock. Her husband was not thoro then. Lloyd had more of the whisky, and sat there until her husband came home. He wished her to have some, but she would not. .She put away one.nobbier for her husband to drink when he came home. Lloyd drank the rest, with the exception of one drink which witness's husband hod when lie went out and one drink which she put away for her husband. Lloyd drank tho whole of the rest of the bottlo between 6 and 10 p.m, on tho Thursday. "When her husband cam® home about 10 ho and she went to bed. Lloyd lay down on the sofa. Ho V.-8B lying on the sofa Iwforo her husband came in. She v/ou!d not like to say that Lloyd was drunk. He was not in his sober senses. Her husband asked Lloyd if he was going home, and he said he would lio down and have a sleep. Lloyd met her on the Sunday after tho disaster, and asked lier not to say anything about him having been to her place. She met him again on tho Monday, and asked him' if anyone had seen him go out of her placo. He said "No." She told him that she did not want to do him any harm or say that he had been at her place, but that she was afraid someone might have seen him. Witness saw him again, and he again asked her to say.that ho was not at her placc. She told him that she would do or say nothing until her brother came on the Saturday. Sho afterwards saw liiin again at Jlis Dempster's, and he wanted her to sign a statement that he had no drink at her house. She said lie thought, lie would get five or seven years if it was known that he had been 'drinking. She said she do' nothing until her brother camc. He said she would do herself harm by saying that he had drink at her house. He said that Archie Dixon would swear that he' was not the worse of drink. He said that ho had another friend, that they v.'pre getting up a relief list,'and that it would do her harm if it was known that he had drink at hor house. Afterwards a child of his came to her house to see if sho would give her a signed paper for her father. To Mr Hunter: She sometimes took whisky, but she did not take any on that Thursday. She- told Lloyd that she would leave her husband her share. To Mr Solomon: After he hod the drink at he; house ho had a pretty good sleep. Archibald XJixon, who was called by the Coroner, said he wished 1 -to ask Mr Lloyd when he (Dixon) ever Said anything which would reflect in any way on Mrs Carson. He never did so. He certainly might havo said that Lloyd, when he saw him on tho Friday morning, appeared to be sober. The Coroner said that the evidence having been concluded, it became his duty to point out to the jury that their particular duty was to discover the cause of the death of these three men. He thought tbey would havo very little difficulty in coming to a conclusion on that matter. Tho witnesses, almost without exception, told them Ilia* the deaths wore caused by an outbreak of white damo in this mine on this particular occasion. All the conditions present in the mine favoured that conclusion. Were it not for some special circumstances to which ho deemed it right, in pursuance of his public duty, to ro into, lie would leave the matter there in the hands of the jury, but certain evidence had been adduced. and he felt it liis duty to refer to it. The Cool Mines Act of 1905 was the code under which nil tho mines of the colony were worked, and rt was the business of every mine manager and underground manager to mako himself acquainted with its provisions, especially those relating fo the nature and condition of mines. The terms of these provisions wore perfectly intelligible, and anyone in a responsible position oomiefftcd with a coal mine could readily see what his duties were. There were only two or three matters under these regulations to which he deemed it his duty to refer— tho question of ventilation and the question of the use of safety lamps. He then quoted the regulation which provided that in mines where only one shift was worked it was tho duty of those in charge to make an examination with safety lamps once in every 24 hours with a view of discovering at the time whether tho mine was in a, fit' state to allow the miners to work in it, and that where two shifts were worked such examination should be made every 12 hours. The other regulation (No. 33) said in effect that .vheu dangerous condition occurred in a mine (and tho evidence wa« ample* as to there being many tests for the discovery oi those conditions) it was the duty of those in charge to withdraw the man from tie mine, and not allow them until the condition of the' miiio was safo to work ill. Regulation 4-1 kid down the rule as to the use oi safety lamps. From tho evidence they knew that safety lamps had not been used in the Niglrtoaps mine for 20 years and more, and those working in the mino agreed that there had not been occasion for their uho. However, that was no excuse for not using safety lamps. A person might go on disregarding the law for a long time, and then suddenly the ocoasion might arise which showed how important it was that the lav/ should be observed. These regulations of the Coal Mines Act were not inserted for the purpose of harassing the owners of mines. They were formed lor the protection of the miners. 11l these and other regulations was the combined wisdom that hud been gathered together during a long course of years going into centuries, showing that some such lobulations wero accessary. ' Further, if one particular tiling was WTitten larger than another under theeo regulations it was this. Hitt the safety of the working miner must be attended to, even if it involved the sacrifice of the mine. That was the principle, Tho jury 'had listened very carefully to the evidence, and was in as. good, if not a better, position than he was to arrive at a fair conclusion as to the course of events on this fateful night and the following morning. From the evidence thero was no question that when A. Dixon found that a dangerous place had developed he endeavoured to cone with it, and that as tho position was becoming more dangerous and beyond his power of overcoming' it he sont for tho maasgei (Air Lioyd). When Lloyd arrivod, about 3 o'ilock, the dangerous condition of th 6 mine had increased. Coming to that portion of the evidence as to Carson, Walsh, and Duncan being tent into tho mine, tho coroner said it could not be gainsaid that tho manager (Mr Lloyd) allowed -theso men, to go into the mino after he (Lloyd) had himself been thero and had experienced the dangerous position. Now, before sending those men in it was Lloyd's duty to ascertain whether tho place they were seat to was in a dangorous state, If the mine wis in a dangerous stato it was tho manager's duty not only not to order these men in. but to withdraw every man in that mine. The jury had heard a good deal as to a test for discovering white damp. One witness had said that 1 per cent, of white damp would causo death.' On the other hand a witness had stated that it t'cok 12 per cent, of white damp to elongate the flame of a lamp, but lie (the corener) thought that the use of a safety lamp would lravo denoted the presence of white damp without exposing any one to any great amount of danger. None of these precautions was taken. Mr Lloyd admitted that these men were sent in to do work which should only have taken 10 minutes, and that for 40 minutes afterwards nothing was done to rescue them. Alluding to the question of ventilation, tho Coroner said it was necessary for theso men fo remain in the wine that night. It was then also necessary to havo kept the ventilation apparatus going. They wero told that if the- fans had been worked it would have increased the expense 'of the fire. Well, if the tiro had reached such p. stage that the working of the ventilating apparatus would be unwise, surely that should have been an indication to those in charge of the mine that all the men should immediately be withdrawn.

As to Lloyd's stnie oE sobriety, there -was not sufficient ovidcnco to show that when he started up, about 3 o'clock in tlis morning, to deal with iho fire, he was in a state of intoxication. It appeared that there had been occasions in {ha past wlion ho had Riven way to drink. AVoU, he (the Coroner) thought if it was not the law, it should bo, that those in charge of mines should, except when away on holidays, keep themselves. in a state of perfect sobriety, because they never knew the day nor the hour,that they might be called upon -to oopo with some • emergency, in dealing with, which it was necessary that they should havo a clear head, steady nerve, and quicq hand. When dangerous conditions existed and those in . charge did not possess these qualifications, then the men under them were in a sorry plight. In conclusion, lie put one issue to the jury: When did these three decoded die. and what was the c&uso of their respective deaths? If in addition to the answers to tliat the jury chose to bring in a, rider, that was a matter entirely in tlieir province; and as to that matter he would give them no direction. The jury retired at ,5 minutes past 8, and an hour and a-half later announced their verdict as follows:—"That the deceased died on June 21, 1907; that the cause of their respective deaths, according' to medical testimony and other evidence, was due to the of white damn." They a<lded the following rider:—"The jury considers that due earn was not exercised prior to the three deceased' entering the mine, and recommends that safety lamps bo used for inspection, and that the Inspector of Mines insist upon tlie_ management complying rath ill the provisions of' the Coal Mines Act in future."