RESIDENT MAGISTRATE'S COURT, PORT CHALMERS.

Evening Star, Issue 3736, 12 February 1875, Page 3

RESIDENT MAGISTRATE'S COURT, PORT CHALMERS.

Friday, February 12. (Before T. A. Mansford, Esq., R.M.) Ship Desertion.- William Lewis and John Johnson, who pleaded guilty to deserting from the ship Margaret Galbraith, were each sentenced to twelve weeks’ hard labor ; the captain to have the option of taking them out of gaol when ready for sea. Blasting. —lrvine Clark Wiley was charged upon the information of Sergeant Neil with blasting rock, on the 10th inst., within the town of Port Chalmers, without permission of the Town Council.—John Mills, stevedore, deposed that at 6.15 on the morning of the 10th I v. ’ -h 0 was stan( Hng on the deck of the vessel, then in tiie Graving Dock, when he heard a blast, and saw a number of stones coming from the railway cutting. Some of the stones struck the roof of the workshop, others fell on the deck of the Waitara.—Richard Parr, chief officer of the ship Waitara, now in the floating dock, deposed that about 6.20 a m. on the 10th inst he was on the ship’s deck, when he heard' a blast go off from the railway works, and immediately afterwards a number of stones came from there, some of them striking the vessel; other stones splintered the rail, and cut the lanyard of the jib-guy.— Andrew Blair, engineer of the dock, said a number of tbe stones and a piece of iron had come through the roof of the dock building.— ■ Corroborative evidence was given by Joseph Erridge, JohnJßayley, and Ewin Chamberlain. '—Sergeant Neil stated that Mr Wiley was fined 40s and costs on the 4th ult. for a similar offence.—ln defence Mr Wiley stated that he received permission from the Corporation to blast, bo long as ordinary precaution was taken not to endanger life or property, and he would call witnesses to prove that every precaution was taken at the works.—John Fell stated that he had been in charge of the cutting since the commencement, and every precaution had been taken. At the time of this blasting there were over one hundred weight and a-half of bushes tied together, which was kept down by a quantity of stone. He had been employed for a number of years in connection with railway works. The only reason he could give of the stones flying was that the rock was very faulty, being composed of boulders and rotten stone. The depth of the bole was 2ft 6in. there being only about 6in. of powder. He ha I been requested to use every precaution while blasting, on account of the cutting being right over the d< ck and there being no protec ion to keep the stones from goin" down. There were other blasts that day which might have made a louder report; but the blast at 6 o’clock was in the face of the cutting.—Joseph Paul and Charles Lynch gave similar evidence.—The defendant asked his Worship to adjourn the case, as, if the decision would be against him, he wished to consult the General Government, as be might be summoned almost every hour, and it would be impossible for him to go on with the railway works.—His Worship said that as there was another case this would be a test one and the other bp adjourned. It appeared by the evidence that every precaution had not been taken ; and if thp railway cpuld not be carried qqt without endangering life, we had better be without it. He*had seen blasting there without life bejng endangered.—A penalty of L 5. Without costs, was inflicted.