NIGHTCAPS MINE DISASTER

Otago Daily Times, Issue 14001, 6 September 1907, Page 3

NIGHTCAPS MINE DISASTER

THE ROYAL COMMISSION' IMPEDED, MR 11. A. GORDON INDISPOSED. A DAY'S ADJOURNMENT. (Frou Our Spf.ciat, Reporter.) '■fa t> i ®IVERTON, September 5. ; lhc i<oja Commission appointed to inquire into tho mining disaster at -Night--caps met in Iho Courthouse to-day, as usual, at ll_o clock. It was noticeable that Mr .11. A. Gordon s scat was .vacant* Tho counsel, concerned- in tho (Messrs, Macdonald, Macalistffi® HanIon) hold a, brief consultatiotfeiiffi'privatc andl imlxormently Mr MacdoS|stated that; iti nod como to the that Mr-Gordon was ho ■, ]}- 'let, confined to < his room, and iinablo .to attend tho commission, Tho vacant chair at tho commissioners' table j confirmed the intelligence, and under theso circumstances Counsel had conferred together on the' question -as to whether it would| bo expedient that the commission Rnoulcl proceed to tako' evidence in Mr Gordon's absenco Tho powers of the commission provided for adjournments from time to tiiho and from place to place as we're thought fit.. It'was clear, also, that any two of them might proceed from tiino to; time :in execution of the commission, but a, doubt had arisen in the minds of counsel as to whether thowholo of the commission,' having commenced to hear the evidence, ono of them could fall out during -the cour.i l . of the hearing and afterwards resume his seat. In tho Court of, Appeal,- consisting of w many judges of the .Supreme: Court, if ; one or. two dropped out through illness, the judgment must bp tlint only of .those who remained , to - tho 'end. The ■;judgment could not mcliido-those who dropned out of tho argument. If. was tho wish' of nil of them', that Mr Gordon should join in the report. Tho' .question aroso that, if he fell out during tho hearing, tho commission might be asked to state a case lo tho Supreme Court/under the Commissioners Act. . If that woVe dono the proceedings would boprolonged, and iho expense of the inqtiiry (already considerable) made much greater. In those .circumstances lie was authorised to. say,; his colleagues'entirely concurring in: the, view ho was stating,'that it'would bo moro prudent, to say the least jof it; if tho -'conrt; adjourned so that Mr' Gordon might tako his seat immediately upon the rosiimption-of the cvidenco. Tlio examination in chief of Mr Lloyd liad occupied two days in ; hearing, and his oross-cxainination was: about to; commence. > Mr.Macalister did not. expect to claim anyparticular results from his cross-examination, but the demeanour of 'tlio witness' and the way ■ lie gave his evidence under cro,6s-ex'amination wore-of much moro importance than tho examination in chiof.■ It. would not. be <|itit<i.fair that .of tlio members' of. the commission should tho examination and only part ,of, tliem the crossexaminationAnd all .of.,tliem'participatp in tlio'" refjovt. Under all (he circumstances, lie" suggested that it. would .be moro prudent ,that,,tlio commission should adjourn to cnablo Mr Gordon to tako his scat. :) Mr, MaCniister said he agreed with all that .Mr Macdonald had said. It must bo tindcratood qloarly that no objection had 1 como'Troni any particular counsel to the commission going on'a nd hearing evidence, but'tlioy were quito unanimous that. if-all the members'of tho commission could lic.tr the. wliole of the evidence it would be moro satisfactory to all 'parties' concerned. Mr-Hanloii said that ho" held the'tamo views as (hose expressed by his learned ' ' frirnda.* If two members of the commission might ; froin tiino to time proceed in execution, of. the commission, this meant that two members could do all that might be done by all tlio members of tho commission, but to counsel it did not seem that that'enabled-a member of tho commission to hear part of the evidence, not hear another .part, and afterwards. join in tho reports. 110 submitted that although two might, sit from the beginning ."to .the end of tlio commission, it. was. vory doubtful whether] the'Ono who dropped out. could, como in and sign the report. Under theso circumstances, as thero' would bo a possibility of further litigationovcr tho matter, he • would ' suggest' that tho commission ! adjourn until Mr Gordon was ablo to . resume' his sent. ... • The Chairman: Tho commissioners are quite sure that the counsel who have addressed them aro duly impressed with the importance of what has...been eaid and ' with ilib necessity for :..Klopting^-the. lino suggested.- -'The commissioners believe that counsel ,iiro just- as anxious as themselves to' proceed in this inquiry in all possible, 'diligence, and that tlioy will join' the commissioncrsin regretting that this temporary stoppage must tako place. I sincerely trust that wo elmll bo ablo to resume tomorrow. I very much fear that if Mr Gordon was aware of what we are doing at this .moment be would immediately ,riso at'soiho risk to himself and join us, and'l Rhould bo glad if the fact of our adjourning now were kept from him. He. told mo this morning'that he had every hope of being ablo "to resume to-morrow. Wo must , make the best of it, gentlemen, and I feel; 'awl my ; ' colleagues feel, that, the arguments adducedto us in favour of an adioui-nment are • irresistible. . Mi' Micdonald added that, lie and the other counsel who- were • engaged in this inquiry, joined with him in expressing tJicjy deep regret that this had taken place, not only for Mr Gordon's own sake but also .because it involved tho necessity of an- adjournment. He deplored tho incident, • and tho consequences which must neonssarily flow-from it.' The' Chairman said that the commissioners agreed that the adjournment was Iho, best- oourec. Mr Gordon was a man of tho highest standard of cxperienco in the, engineering , world, and they felt that to. doprivo themselves of his assistance at tHis particular stage .of Iho. inquiry would bo n., vory, sorious drawback. , , Tho oommi6sion then adjourned until 11 o'clock to-morrow. morning.