An Im ortant Case.

Alexandra Herald and Central Otago Gazette, Issue 441, 29 September 1904, Page 5

An Im ortant Case.

At -he sitting of the Warden's Couit sit Alexandra on the 13th inst. before Mr Warden Burgess, the bearing of an action brought by S T Lett against the Borough rf Aloxandra was com m need. The plaintiff claimed £IOCO for damage alleged to have b«?P caused to his coal mine by the perco'ation of water from defendants' water race, which caused the mine to collapse Defendants filed a oounter-claim of £240 for loss and damage sustained to their water-race owing to the collapse of plaintiff's mine. It was denied that the race was responsible for the damage to tbe min*. Mr C C Hu ton appeared for plain tiff, and Mr W A Sim (of Dunedin), with him Mr Bartholomew for defendant. Mr Hutton opened the case for the plaintiff at some length, and proceeded to call evidence.

Samuel Tregillus, sworn, : |Baid he had had considerable experience as a coal-minerjat Pukerau and Bannock burn. Had also worked in Finlay's pit. The roof in Lett's pits stood better than that in .Finlay's. The floor in Finlay's pit used to •• heave.," caused by the ground swelling. Never saw the floor in Lett's pit "heave" until the late accident. Never saw any water in* Lett's pit before accident, the pumps being able to cope with it. The water coming from the fall in December, 1903. came from the direction of the race. He was working d*y shift well up the new dip on the day of the accident, and noticed nothing wrong until the men were told to. come out, as the race had broken into the mine. Saw water, coming out on hillside. He visited the mine with Hudson late in the afternoon, and found everything on the '• creep." No water could be seen. The mine was now ruined, and it was impossible to do any more work from the present workings- Had not had much experience of water-races. Saw a number of cracks opposite the whim shaft in the Borough race during dry weather after the race had been repaired and befoie the pit collapsed. The water coming through to the main dip was clear, and about as much as would fill an inch pipe. |

Cross-examined: Could not account for the difference between Finlay's and Lett's pits. William Burke, sworn, said he was a coal-miner. Had had experience at Lovell's Flat and Bannock burn, and had been three years in,i Lett's Jpit. Che roof in Lett's pit was better than in Lovell's Fiat. The pillars in Lett's mine were big and stood well. After the subsidence in the mine he saw a crack about three inches wide across the race. The crack was where the" race had been cleaned out. Never had seen any weakness in roof or floor of the mine. Water started to come into the mine through a big hole about midnight on the day of subsidence, and 4000 gallons an hour were being pumped out. Prior to the fall in December, 1903, they were only pumping about four hours a day; then the water increased.

Jantes M Jackson, sworn, said he had been at one time raceman in charge of the race—for two years. The formation above Lett's pit was sand and gravel. The race was very flat at this point. Cross-examined: Had known fthe race for ten or twelve years, and it was always kept in good Order. The bottom of race* was very lair. In his experience small surface cracks were common, but did not result in serious trouble. John Thomson, sworn, said he was raceman in charge of the Golden Beach race. Had four or five years experience looking after water-races. Had worked for a few days on the Borough race" near Lett's pit, and thought it was j necessary to exercise caution in turn--1 ing on water after a dry spell. ' Cross-examined :He had seen clay formation at the back of Lett's.

£ B King, eoal-miner, sworn, said he worked in Lett's mine for 8 years. Had experience in several pits in the district. Considered Lett's to have been the soundest of the Manuherikia pits. With the exception of a few falls, had seen no sign of weakness in Lett's pit. Witness corroborated the evidence of the previous witness with regard to the fall in December and the subsidence in April last.

Cross-examined: There were two falls before the one in December. Lett's and Simpson's pits were the only pits in the district where falls to the surface took place. James Howie, mine manager sworn said he had had 47 years' experience in coal mining—3l years at Home and 16 in N" Z. Had worked in Brunnerton, DennistoD, Hokonui. and Xaitangata mines. Was for five years manager of Lett's. The pillars in the mine at the S.W. corner were left 12ft square, and in the back workings 18ft square. The height of the drives avereged from 6ft to Bft, and the width Wft. Considered 18ft pillars were quite sufficient for the safety of the mine. The coal measures in the mine were very diy. The water in the mine came principally from '• falls.' There were no source of water, to his knowledge, except the race. Knew of no springs on the lease. From the fall near Harley's in June, 1901, about 24,000 gallons an hour came in. Witness detailed the occurrence of several minor falls later. Fad put in a concrete dam, but the water broke through three times. The dams was further strengthened, ar.d the water then Broke through the floor. They were troubled with water in the deep shaft according as the water was on or off in the race or the gully. If the race was off for a month, water still kept coming through from the fall

..ear H&rley's, to the exfcent of about 18,000 gallons per day. Did not think this fall or the fall in December last would bring about the present condition of the mine. Did pot see any indication of water underneath the m.ne. Estimated the mine and plant to have been worth .£IOOO. Could' not state the value of the plant without the mine. The plant cost £BOO. The inspector was always satisfied as to the state of the mine-Cross-examined : More water cirae into the mine when water was funning in the gully than when the race was on. The race was not watertight, but was better than the gully. John Harley, carrier, sworn, said he lived near Lett's pit. The water race nu> a *long behind his house. Race had a fair fall, but was dead in places. The formation was mostly gravel and sand, with clay within 20ft or 30fc of the surface. Probably a certain amount of water would escape through water being turned on suddenly after being dry for a month. A good deal of stuff was cleared out of the race, but did not think tbe bottom was interfered with as had been stated. Cross • examined : There was a spring in Brennan's Gully, from which water ran when the race was dry. At one time there was a spring near his house, which dried up, he believed, owing to the " falls "in Lett's mine. The spring he referred to was a good distance above the race.

Robert M'lntosh, assistant Inspector of Mines, said he had been visiting Lett's mine for 3£ years, and had always looked on it as practically a model one. Both floor and roof were good, and the mine had be»n well worked. The method of working the mine had evidently received the approbation of previous inspectors. It did not appear necessary to alter the method of working, except that the pillars were slightly larger and the levels slightly smaller as work pro-ceeded-*inwards. Considered the pillars were quite capable of carrying the overburden. There was no reason to fear a collapse for the reason that the workings had been standing open for the last two years, and bad stood very well. Until the fall last December the amount of water in the mine kept about the same, the mine being dry on the whole. He was through the mine with the manager on the 15th of April. ! Went round all the faces and found ! them in good working order-: There was nothing special of note in the low level on the exteusion except that the floor appeared to be "heaving." There was nothing to indicate a "creep" or 1 move" "of any sort, and he did not think it necessary to make any adverse comment on the mine. He recommended the manager to find out where the water was coming from. Visited: the mine next morning and witnessed a collapse in the dip workings, A lot of water wis coming from the' December ••fall." Saw fissures in the ground crossing the race. In his Opinion there was some weight overlying the coal seam. There bad been tronble in the Perseverance mine owing to a weak roof. The floor was softer than in Lett's pit, and contained more water,. The witness here objected to divulge confidential information regarding other mines without the consent of the owners. Inspector Green raised the question as to whether Government officials should be called upon to express opinions on properties examined: by them. ' i Mr Hutton said he did not wish' to ask the Department's officers to give away confidential information. E B Green, Inspector of Mines, sworn, said he knew Lett's pit.. The mine had been conducted in a very satisfactory manner. It was a good little pit, and did not present many mining difficulties in Working. Lett and his managers always attended to their duties, and the inspectors had little cause for complaint. The pillars had not been robbed. Near the outcrop the pillars were not required to be large, but as the workings extended to the dip the pillars increased in size and the workings decreased in area, Thought the pillars were quite in ac--1 eordance with the requirements for safe mining, There was very little motion in the floor, and the roof was very fair indeed—the best of the Manuherikia pits. Water was always troublesome, but was controlled by the pumps. He inspected the mine after the December fall, and again Jater, when -the inflow of water appeared less than previously. There were no indications to cause him to expect a collapse of the mine. On April 19fch he visited the mine. He found the floor rising and the roof falling in all directions, everything being on the move. One suspicious circumstance was that the flow of water partially ceased, indicating that the water was going through the workings and softening the floor. His opinion was that the pressure all came from the roof He saw a number of long' .rents crossing the water-race, over'about two acres. Did not think it would pay to re-open the mine. If work was intended to be begun at the back of the lease, the safest way would be to put down a shaft. He did not care to express an opinion as to the value of the mine.

Cross-examined : If the floor became softened the tendency would be to bring about trouble of the nature described. Most mines were troubled with water, although not near waterraces. Thomas Hoduon, sworn, said he had been manager of Lett's mine since Sept, Ist, 1601. He had experience in coal-mining in aearly all the mines in New Zealand, and in Lancashire Lett's mine had a good roof and floor and the ventilation was good. Con sidered the mine had been well managed. The pillars were good. The

I only thing detrimental was that a little J water and silt accumlated. The forJ mation of the country side was of silt with hard clay overlaying the coal* The depth of coal was 13ft flin. The I floor was hard aud strong. The amal lest pilars •were 12ft by 12ft, and 18ft 'by 18ft. (Plan of mine produoed) ' With the consent of the he took out the pillars near the road. This let the surface down as he expected. In the new dip the pillars were 30ft by 30ft, and on the other side where the overbutden was heavier the pillars were a chain square. They were working 150 ft belew the race. The mine was drained by two pumps. The mine was effectually drained. They were pumping from 70.000 to 110,000 gallons per day. When the lower pump was damaged they had to let the water rise to the top shaft. He estimated they were then pnmping 120,000 gallons in 24 hours. This water came from the turn of the dip. There was a large hole to the surface above that, which was there when he I

took charge. Did not know where the water came from. . He thought there was no water in the locality, except what came from the race. Considered the pillars were sufficient to carry the overburden. Lett's mine compared favourably with other mines regarding the siae of pillais. On the morning of the subsidence he noticed a bit of coal fall from thejroof, Went I round the workings, but did not notice any signs of amove. There was no unusual amount of water on the preceding day when he went round with Mr M'lntosh. On the 15th one of the men told witness he thought there was a " creep " on, and on going to the bottom level he detected a "heave." After midday the coal began breaking off the roof in numerous plates. He then ordered the men out

of the mine. On going to the surface he saw water going into the mine from the race through a crack. The race had been dug out to the bottom, which was very thin. Saw water from race coming oat at surface lower down. Keptrthe two pumps going all night. At midnight the quantity of waterincreased by double. Then the pump in workings became disabled owing to being heaved against the roof The water was shut off in the race on Friday, and on the following Sunday the water was coming in as much as ever, and fails were still continuing. He ascribed the collapse to water from

the race percolating to the deep workings and soddening the ground. The value of plant lost and damaged was £46 16s sd. He reckoned the mine was done "so far as the front workings were concerned, and it would take £ISOO to put down two shafts and shift the plant. Beckon plant was : worth £6OO and the mine £SOO. About 16£ acres of the lease were un- . worked, from which would be obtained 5000 tons per acres.

Gross-examined : They were working nearly a month in the neighborhood of the race. Pretty well all the water in the mine came from the race The mine returned no profit last year. W. Oarline, coal miner, sworn, said he had worked in Lett's mine for six years. Witness corroborated the previous witness' statement as to the nature of the roof, floor, and pillars. There was no natural water in the gully, nor,no other water in the locality except that in the race. In his opinion the water in the mine came from the race. He would swear that did.

George Turner, mine manager, of Clyde, sworn, said he had had 38 years' experience of mining in different parts of the world. ~He knew Lett's pit. Conaidered it was standiug well. Was sure the pit would not collapse, and the floor would not •• heave " without some outside cause. Water causing clay above the coal measures to expand would cause a eollap®». ; If a " creep " w»s taking place, it would be some time before the mine would collapse. The fact of their being surface cracks showed that some force outside the mine had been at work. Considered 55| per cent of the coal had been taken out of Lett's pit. The life of the mine would be 34 years. Goal could be produced at a cost of 7s 6d per ton at Lett's pit, leaving a profit of Is 6d per ton, There would be a profit of £2,800 on a 10-acre block, and £10,060 on a 16-acre block, making a total of £12,880. by Mi Sim: Had been five years manager of the OlyHe Oolleries. The mine had not been successful. He examined Lett's mine a fortnight previously. Could not say all the pillarß-'were the same. Gould not say that the 16 acre block referred to contained any coal. Samuel T Lett, the plaintiff, sworn, produced the lease and assignment and various papers and books in connection with the business. The mine had. been worked since 1888, and he had had a half interest in the mine with his late father. Had never any of the incbme»tax returns made by his

father. Cross-exrmined: Did not know if his father had paid any income tax. JJe undertook to allow the Borough to repair the race without fluming. Frederick Jeffery, Clerk of Court, pronuced the assignment of the water race from William Theyers to the Corporation. This closed the case for the plaintiff'. [Pressure on our epace compels us to hold over our report of the evidence given for defend ants. ]