THE NIGHTCAPS DISASTER

Otago Daily Times, Issue 13999, 4 September 1907, Page 2

THE NIGHTCAPS DISASTER

.sitting op the royal commission, ~■,-;'■, ADDITIdNAD r I?VIDE.NCE. MINE MANAGER IN .THE' EOXi ■ (Bi Our ■ SraciAt Espoetes.J ' RIVERTON, September 5. . The Royal .Commission resumed this morning; in tlie oourthouse. : '•'. Edwin Ridley Qreon (Inspeotor-.of Mines) was oallod! to continue hie ovidehco in regard to.tho piano of tlio mino. ■..■'.■ To Mr Eliott:-.He would allow the same conoasaioris in respect 1 of plans .to other mines working >■ under'' similar conditions that .ho allowed to the Nightcaps •Cpmpany. Ho mado no exception in. that company's faTOUT. He.did not consider, it• necessary whon lio visited' the. mine on April 25 to giro any written ■instructions ,to- the nanager, but ho had a close. conference with tho manager, tho undorviewer, and others as to tho conditions existing, and tho means, to-bo taken'to oonfijio tlio heating area, which' was' then warding .up. The notes which 3io read tho iky' before from hiv note book would bo ombbclied in his annual report required '■ by'tto Coal Minos Act. ■ .'■ ;.. ■. ■■ Mr Forbes: What other mines in' Otafio an«l Southland do'not. send in their plans as required by' section; 51 of the , act?— Witneas:- There are no oUicrs of any conse-, qiKMico which dp not.' That is to My, all mines of consequence do., ■' '-' .' .Mr Forbes: What'do you crasider mines of consequence?— Witness: Mine's"working, under certificated-, managers. That, is to eiy, where a numfer of man avp employed. Mr Forbes: Does' not the act coyer mmes ,'whei|o half a dozen men' are working as well ; as nrines ' of'' consequence ?-4-\Vitncss:'; Yes; we havo plans of mines when they arb undflnground, but not of opon". oist mines where sometimes '.10. or 12 monafo; working arid tho manager \vorks.uiider a. permit. . Mr Forbes: Then,all.underffround. mines in Otago and .Southland eupf/lyjou with a copy of their, plan ? n -Yce. \Mr ' Maodonald: .. Hα}?-yearly?-.Yes; igenorally. \'. ''~.: ' .:; ' ~'.: Mr Forbee: \Vhait 'are. tho underground minea that_ do .'not'.send in., plans halfyearly?—Witness V! There. is a man named 'John Irvine at JCaitatignta, who ,works by himself iii" a very , small' way. I. have no ■plan of his mine. r. There is on elderly man, also at• Knitaajjafa, named .Smith, who works entirely by himself under similar con<litior»->; ■. ■ . , , •'

Mr Forbes: Up you get a plan from tho Taratu miiie as required: by section 51?—: Yes, as nearly as passible. I can produce the plan and doto" if required. ■' j Jfr Forbes: Do vou'go't a plan: of the Cairnmiiir (near Cromwell) mino as .-c----quired,by tho act'—l have a of that mino, but have not the date. It is a mino.

vjiioh has worked intermittently, although :'.t present it is' in .'a;'fairly regular way ■if business, employing seven ov .eiyht men. 'wJudirif* men above ground. * ' : To Mr Forbes:'He whs supplied with ■>!ans'of mines in the Waik&ia*'disfcTieY. He ■:-ad been exceptionally strict there,' and Vs actions had. /.liechj Very, muoh:' resented '■i. consequence; but that did , .not matter; '■• did bis duty; ' Ho-was not awn're that « granted any corirw'rbne fo roines .'in' :;ard' lo the act... It certainly..was''not

■stomary. Witncs? had -.receWcd his in-' t.iijptionjs from.;, flic : Under-Eeoretflry ofHinee at Wollinptton,. {Mr, Hamor) since

'!i<it gentloman's appointment, ■■ about o . months ago. Previous*'to that his cfcioiß were regulated )by Mr Eliott, who v«\a then He acted inder that gontJonVin for nearly',six and ..half years.- . :': . i. /,'..' .'.- , Mr Forbes:' Did Mr .Elioit approve of • our systom of inspection ?—Witness: So fur asT am aware my system was approved. f am not'.■ aware' of".anything, to .the r.ivtrary—in ; faot,:i;.l ...kn<)Wy,.>Eorn;o.thiiig ■■■vourable to-myself, if .1' cared'to , use it, 'i ro'gardi t0..-iny inetli'od. of insi;'eotion-ra ■ '.5:1 deal, iu'-fact. ! 'I h'ayolettcrs'-iin'd doou'>nts.'. *'■«*. > ■■;;';' :'[: : ..i;-":'s.: *'

Mr Forbes:■'Old^MTr '■ Eliott'.iivitruct you ■ gofeaiy.-witiV'.'t.lib ;\{st?—No.!.' : :-.;' Mr ''Forbes: ."Did-" Mr. ; El!ott; recpnimon. , your Bippointmcni..-,to.' jour pwissnt' pos

tion? —l cannot* say- Mr.' Ejio'tt' \va6 a stranger to me at the timo I was appointed. Tho Chairman: ' Thoro appears to bo some uncertainty in your answers-us'to tho mollhod adopted/ from time'to timo, in : order to obtain the development' of, the v official plan kept by.yoin!'. Will you stato what method was adopted? I mean tlie'goncral method, not exceptional instances, but with regard to. largo concerns. Did you send your official plan '\o 'the. companies to have the additional workings' marked on thorn or did the.y,6ond..traoings to, you, and did you havo tho additions put on in your own office? Or in what other way did you pet tho plans mads up to date?— Witness! In: largo concerns I keep -.ait eye on tho ■ plan.'register. My clerk does, the" same. When a -plan becomes duo wo notify the owners or rfcm.igore of ihe fact —that is to say, if thoy hayo not- already communi■rated with'mo* in. regard to the plan, as most of them d 6. "Tho.y'say: '■"'flfc have had the survey made up. Send along your pffioo copy of the plan, and we will have it filled up and returned." Tlik is the general practice. , , , -' . ■,]' •... : .MTNE 'MANAGER EXAMINED'. John Lloyd, mine 'manager at Nightcaps, stated that ho- hold a 'first 'cTasa miner's ,certificate issued, imdoiv tho act of, 1885. : Ho had boon mino'manager, fo.v. tho Nightcaps : Coai A Mino Compa'ny' 26 years' last May. Ho Mvoro. tHn-J under 'tho act 'and the special rules i*hc.'.ininQ and all' tho operative details, of its management', \vero under his: control and daily •super.vision. Ho was .also aware that/it; was;his 'fluty to carry out, and see wu-ried. out, tljo/'various provisions of l-iio Ccal Mines Actj.iri accord-: anco with the; twm3 ofitlie Mt<-'and.,the; special rules. . Ho kept.a'll tljo'vfcooks'Te-' quired Try fhe ari.-' ■ Ho , kept'the mining 'register of the company, also a book in which were entered , tho report? ■ of \tho person .appointed, to toxamino the •mino bptorc .the shift; of .men ,y}ont to work. He 'did ; npt keep α-bcok in , which .-the report of the .person-appointed to examine -the'mine in case of Jioxious gases pervading tho mino (under subsection 43 of ■section 39) was entered.- Nearly all of- his' men wore membois of a spoioty formed in cpn.noction with tile boa.l mining industry and' registered under ".Tho .■ Inditstrial : Conciliation and Arbitration' Act, 1900.'.'/ "Wit- , iicH did not keep a book in. which wore ontored tho repo'rts of persons appointed to inspect tho mine. Ho had not boon asked to do so. He was not aware,that any porsone had beoai appointed by tha ,, .' union to inspect tho mino under .subsection .46 of section 39' of tho act, except a 'cavil for places at the mine. Ho knew 'Mr ,Jack6on, the secretary .of*tliQ'union at Nightwpj, and ho heard his statement .at the inquest. ~ The.statement:was-as follows:— " I l:ave. alonj witli the general secretary of the union, made, an' application to Mr .Lloyd, tho managei" of the mino to insperit it' 18 months ago,' and r .vrp were refused:" That, etatemont .was correct,. '■ He : mis■undor'stood the request made by the general secretary and the . local- secretary at tho tinio it was made.'• .There was an agitation, on foot at. about a check iiispeotor appointed by tho workmen. ■ 'It' , was on tlioso grounds that Ho'i objiaotod. . Tjie CSiaitman; The, min.c manager hu\ a

peefcot right,to oxclude tho general secret tary and tho local soorotarj. ; Mr Macdoriald said ho tibought it prima facie that the men in question wero appointed by the union. ■ T9io ; Chairmain said ho the fact ought to bo elicited at onoo, whereupon Mr' Jackson explained that ho was iho pereon appointed to inspect, tho mine on bolialf of tho workers. ■ • . •

Mr Maodonald (to witness): You did not suggest that they wore not lawfully appointed by tho • un.io;n?—Witness: I did not. loiow whether they wore appointed or not. What I tindorstood was that Mr Jackson was going : into the mine as a check inspector. .That was my objection, I think I told him at the time-that Ivoould not allow ■Mγ Jackson to go;in as a oheok inspector ■■ l)eforo consulting tho company and the Inspector of Mines. ■ To the Chairman: Witness thought a chock inspector was different from a person. by the union. ' ■ : , Continuing his evidence; witness said 110 persons _ since then, or at'-any other tinio, .purporting to be appointed by tho union had applied to him to inspect tho mine.He told Mr Jackson about eight or nine months ago that any trmowihen ho wanted to go into tho mino ho could do'so if he asked permission. Ho availed himself of that permission, and had teen in tho mine on two or three occasions, chiefly in connection with complainte about the faoinge, and the workinga. No two .persons, formally appointed by the union had applied to hiih to inspect tho mine under subsection 46 of section- 39 of tho art. Hβ reincmbored June 20 Inst. Thore was a firo in the mine in district No. 1. (Witness indicated on tho mau produced the cite of tho fire.) Tho mine was divided into two districts.' The lire had-.beon thero heating it little betwpen. threo and four montlvaV Hβ did riot regard 'it as serious at firet. 'fho. first timo that-ho thought it serious was about a wcok before ho started to close, ii up. • On the 20th (Thursday) witness had the report books, -but thero. were no entries in any of them regarding tho fire. It was , not sufficiently serious. '■•■■■ The report book was produced, and tho. chairman remarked on tho uniformity of the daily entries. They read, almost without exception, as' follows: —" I ha.ve examined No. 1 mino working places, and roade leading thereto, and found them all safe,— "William Duncan."

Tho; Chairman • made the suggestion. that it would save trouble to a y/orfcing man's lira it a rubber stamp of tho entry were purchased. -! . t, Tho.bookrnlatin« to No. I mine, kept bv Mr Frame (tho underviewer) had the following entry under Thursday, Juno 20: — "I have examined No. 1 mine, found workinjr all safe and in good' working order;, ventilation good.—Joseph Frame." "Tlicr. (A degrees; mll.e(V. out nt 1L o'clock p.m. ; found stoppings in the same condition an they wero A p.m., and loft at 12.15 a.m.— iT. Frame." "' .' On Friday. 21st, thero was this entry: ," Jtysolf .and W. JaTdine wcro called out lit 6 o'clock a.m. to a fire stopping, but had to proceed down the dip in search of W. Duncan, P. Walsh, and W. Carson,'but failed to .bring William Duncan out owing to damp. Ho wae breathing. Jardine told mo to go at onoo to start tho fan, and I left for same— J. Frame." "I left Arthur Jackson and Thomas' Moncrieff in oharge 'in my absence to proceed wifh the work to restoro ventilation.— J. Fbame."

' That was the first ontry in regard to the fire. Witness could, not explain how the firo inorejised. to .became serious on the Thursday morning;. It was. sealed iip by stoppings. before the 20th all along tho line. (Witness pointed out the Jinee of tho stoppings). Had the stoppings relramed intact witness would not havo anticipated any inprcoso. in fte. fire. .All the stoppings were tight, but'.therc might havo .been a little blnck-damp., coming through. Tho stoppings did ,not 'o'pon out. .Witness accounted for tlic increase in tho .firo by tho turning off of .the water froni • tho firo. Water had boen playing on tho firo all along whenever ..any firo was seen. • Archibald Dixon (deputy) and James Shmcrvillo (night deputy), who wcro playing tho hose, would be bettor able to 6ay when tho water was turned off, because 'witness was not there. tVitnees did not think any of tho stoppings gavo way. Two skeleton single stoppings were put up to cut tho air off the fire in the gob. These wore tho only two witness was awaro of that wcvo b\irnod out. They wcro on fire when witness first wont, at 20 minutes past 4- on Friday morning, but there was no firo that: witness could seo near any of tho permanent stoppings. The. earthquako might .have had a. little effect upon tho fire by loosening the roof, opening crevices, and so lotting atmospheric air in, but witness was doubtful. Witness first heard of tho increase of tho firo about .20 minutes past 3' on Friday morning. Witness was coming down the incline from the township, and was near the mouth of the- mine on the Friday morning when he was.told of tho fire by Archibald Dixon, whom witnese told to tako the hot,e into tho mine as quiokly as ho could. Witness also lold him that, ho would call up fresh men. at once. Dixon . said: " Very well; I'll Ret tho hoso on as quickly as over I can." Ho said that one of the stoppings was on fire. Witness asked liirn if it was bad, and Dixon replied that it was pretty bad.' Witness asked: n "Do you-think* you can put it [tte fire] down?" and.he. replied: "I don't know, but will ha,vo,a try." Nothing more passed be-twoeh witness and Dixon. .Witness considered that Jio needed three or four more experienced men—men who,-had bw?.n at tho firo before. He sot Georgo M'Leod, John .Lysaght,'Patrick Walsh, and William Carson. i\nd also, sent*; word to Percival Quested, but the latter <lid not come,\in- until-lator on. Witness told them to hurry into'the mine, to the scat of Uio fire,;'and that Archibald Dixon'would-toll

thorn what to do. Witness followed the men in, and went to tho 6©at of the, fire. On tho way witness met John Lyeaght and William Brazier, who woro going out to tho, open cost to turn off the water. .Witness .met them- aUoitt halfway between tho engine'sliatt and tlip site of tho fire. ' -Tho dnrino shaft was about 18 or ,20 cliaina from tho mouth of tho mine. Witness wont straight, on to the fire, and saw thore Archibald Dixon, .• William Carson, and .Gcorgoi-jSTLeod. Whcii.'ho got thoro .witness went round to sco what thoro was of tho fire. Thoro was a stopping close /to tho gob, and a eninll pillar of coal was on fire. Witness waited for tho water to eomo through tho hose.. He. waited probably 20 minutes, and. ; tho water did not come. Witness carried a lamp with him— a naked lamp, called.iii Yorkshire a flaming lamp. All tho other mori had naked lamps. Two of tho men had the samo as witness, 'and tho others, wpro the ordinary, miners' lamps,, carried on the ■ head. When witness found ho could not succeed in getting tho water down on jo tho |re he told Archibald Dixon to, go and cut., off the air from tho firo as quickly as' he could, and to,take tho-men with him. Ho had all. tho men with.him except Carson, whom witness look out-with him. The men who went "with Dixon were John Lysaglit, William', Brazier, James-. , ' Somerville, and Georgp. M'Leod. Witness told Dixon. to bo!sure to'keep the men all together.. He did not give them instructions how. to'cut off: the air,, from tho fire; Archibald Dixon was a.deputy ,in charge,-' and knew exactly what to do to cut the air off. They ought to havo dropped tho brattice cloths. Witness went out, and 6ent'.Car6onup.to wa'ko tho engine-fittor (John Syvrot), and to ask him to come down at once.'' .- Witness waited at tho : blaoksniith's shop until he came down. • •" . ■

Mr Mactonalil: How did yon fcol, Mr Lloyd, at that time?—l; was a , bit done up, but was not in any way bad at that, time. :» Mr Macdonald: Jlad you preceived any ( noxioiu gases'whon'you wore near the'fire"? '—Noi' Therb' were hono v anywhoro nsav the fire. .. -•-• '■'■■ ■'' ■ , ■■■ V •..-■'

Or L inanr -ofthe road--waya. loa'ding .from or 'fo!.Uie 'fire?-Therb' was 6ome blaek-'damp in the- heading to the left, wnerp the Hose was coming'down. , Mr Maodonald: Hod you a light with you. when you ipaseed.-Jit?—Yes. I wens' up that heading nine or ton yards. Then my light went out, and I came back again.Mr MsKxlqnakl: And then yon • went outside and sat down?— Yes. Then'you wero satisfied that'there was a noxious gas in the ; mine ?—Yee. Mr Macdonald: Were thoro'any men in theminb'atthe time'?—Wo wero ; all going but at that time;:.' ; '.'■'"'.• •':

Mr Macdohald,:''\Vhen. you'sat down *at the blacksmith's shop were, they all out?— No, they wore not. all out. They were near the engine station.' ■ Mr Macdonald: Were theso men ; at the, station then coming (i9t?—Wo all went-out to the open cast. . , ~ ■ : Witness pointed oiit on tho plan the section in whicli lio-fouhd the in the fiist : transferee Roadway from the fire. .■'''" ' ' ''. ■■''■' ''■'.-■ ! Mr ; ' Macdonald: Woro there men in tho mino when, you wove sitting at the blacksmith's shop—Yes.'thorowere/ ' Mr Maodonald: Wlio'wei'O they?— They wero Archibald Dixon. James Somorvillo, Georgo M'Leod.' an"d ' William Brazier. • Mr. Macdonald:';Tlieso - are. the -.men whom you had 'instructed, to' take means off'the air'from'the fire?— Yes.'-'.

Sir Maodonald.: Did :;you- instruct' them what part of .the mine to. go to for that purpose ?—No, I did not. ' Mr SlacdonaJd: What part of the mine would it ha-vo been best. for them to go ; to?— Near tho seat of.the fire.' ' : '' Mr Maidpnald: After passing -the spot -.whei'o yot'.. detected the black-damp, did -.you take.any,'means tp'uiform thonrthat tlio gaa 'was'therd?— Tlip men working at the firo all laiew that-'there was_ blackdamp in the return BOing off this gob.' ■The presence of black-dimp where I found it .would not interfere with the men cutting the air off; the.': fire" in • any .way, because it was in tho -return, aircpursd.' ■ Mr Macdonald:, Where, in tho ordinary course, • would that bla'ck : damp • 'go I— Up through the fan 6haft. '■-■'■' ■:■ ' • Mr Macdonajd: That is' the course, the ventilation wouklteko?—Yes. Mr Macdonald: How long wero you sitting near the blacksmith's phop■■?—Pro-: bably about three-quarters of an hour. I could not pay. exactly ,libw long. Say half an hour. , . . '■: ... . ' '.'''

Mr,' Macdonald:. When . the ■.engineer came,, what instructioris'did'yoirgivo him"? —To got couplings rejidy to connect' the Tangye pump I had in" tho dip with tho hose. While he was/talking to the engineer William Brazier: and John Lysaght came out of tho mine for a roll- of brattice cloth. When they had .'.got this William Cnnson and' Patrick. Walsh took.it inside; Lysaght and Bragier went home./ After , talking to tho engineer a short'time witness followed Carsqn ,Wl Walsh into the mine! When he got to tho engine station witness'■";saw.'.'Archibald'" Dixon, 'James Somcrville, 'and GeorgeMlXeocl. Walsh' and Carson were .also there. Witness said to Dixon, '"What have,! you done?" He replied: "Everything.: is blocked 'off except Carson's, jig, and we put the frame-! work ,up ..to put oh a brattice cloth, and' two fresh men can nail'the brattice cloth' up in -10 minutes." Witness then ordered Carson and Walsh.to rip open tho balo of' .brattice cloth and cut 30ft off it, .and to go down and put' it up.' He followed them. Archibald t Dixon -wanted to go down with ■ them, but witneee roplied:" " I am fresher than you, and will go down myself.'■'■''■ • Dixon said nothing to witness' .about 'black-damp or any other noxious gas being,in the mine. -Witness followed Walrii and Carson down No. 1 dip. They were down threo or four minutes before him, : Thoy. turned up ;Carson's .heading.Witness passed on, apd. wont through a door at the end of a lay-by. (Witness here indicated on tho map .tlie course that was taken by tho 'men and by himself.) Continuing, witness, said ho wont through th(i door to find out if there were any 6ihoko behind it, but it was perfectly clear. He then came back, and met William Duncan (the No. 1 deputy) five,or six yards from Carson's heading. ~.■'■ • . ■' To Mr-H'anlon:'The'No.; 1 deputy was identical with the morning deputy. Witness went on to state tliat' ho told Duncan that Carson and Walsh,had gone up Carson's jig. to put brattice,on eomo. framework. "If tho smoke , gets strong," he added.-"you can come through that door. It is all clear, there." Duncan then went away in tho! direction that Carson, and Walsh had taken. Witness left him in charge. From the time- he had qvidenco" ■of blackrtlam'p in tho iiir course coming from the fire to tho time. Carson and Walsh ; would 'reach; the place \"whero ho .had told them to put 'tip-tho brattice, work,.■■ the time ' 'that ..elapsed, would not be less 'than one hour and α-half.- - Prom , his-- lengthened experience as a mine manager and the fact that tho fire was'not then sealed up, that hour and a-half would bo ample time for tho formation of CO .(white-damp), , and with that knowledge he sent the. men up there, ■ Ho' warned Duncan that if (he emoke got too much for, him ho could got an exit into clearer air along tho way that had been , shown him.' After he lett Duncan, witnesa camp (straight put up to the engine,-which ho reached' with help. Ho first needad assistance when lie got on 'the top of 'the flat and fell. (Witness pointed out on the map where ho was overpowered.) , The seizure, ne experienced 'comprised' .weakness at'/tho knees and thighs, . Ho, did not feel palpitation of the heart, throbbing of the temples, or any other sympto'ms before' the symptoms he! had. described. Ho.fell down beoauso ho had no power in tho legs. When he' fell his heatl 'suffered from jriddiness and throbbing at thb tomplce. Thoro was no palpitation Witness became semi-con-scious, but'how lonj'ho remained so ho could not say. ■ Dixon and M'Leod liolped. him into. Ihe engine'house, -and_ he lay down by the engine. Ho did not at the tim'o know tho cause of the seizure. Ho had hud little in Staffordshire of CO had had no experience of it in Ncwaealand. Before entering the servico' of tho Nightcaps Coal Company! he wae employed at Kajtangata for 14 months. He did not.experionco any -white-damii there. Witness had not been in.any other Is'cw Zealand mines oxcept as a-.visitor. ■■.-.Ho was employed in coal mines in Staffordshire for four years. Ho! was-10-. years of age .when he first went into a mine. 'This was in .Dowlais (South •Wales).: Ho first went to Staffordshire at ' 16 years of age, and-remained there until he'wfs 20. Ho was in the Dowlais mino for. auc years before that. At Dowjais h<? had no experience of white-damp in. the inine. In the Staffordshire mines lie', had worked in-he had experienced white-damp, learning , more of it,.-however, by what the ' officers and deputies said- tlian by personal" contact. ■' lie, had hoard/them describe the symptoms. He was how satisfied'that what caused the throbbing of tho temples' and the other, symptoms ho had described was white-damp, and ho was now perfectly satisfied: that the ,light would burn more brightly in the presence' of white-damp than where-it did not exist. ,' . ' The court at this etage adjourned until to-morrow at 11 a.m. .; wburE's' schnapps' t "uD?riot to til other taint*