THE KAITANGATA MINING ACCIDENT.

Globe, Volume XX, Issue 1578, 11 March 1879, Page 3

THE KAITANGATA MINING ACCIDENT.

[By Telegraph.] Dunedin, March 10. The adjourned inquest into the circumstances attending the recent explosion at the Kaitangata Railway and Coal Company’s mine was continued at Kaitargata yesterday morning before Mr Warden Carew and a jury. Some delay was caused through the absence of one of the jurors, named Charles Small, a resident of Inch Clutha, who met with a severe accident on Friday last, wdien his foot was pierced by a large nail. It was stated that Smail lived about a mile and a half from the new Bridge Hotel at Kaitangata, and he had expressed a desire to attend the inquest. On the suggestion of the coroner several of the jurors volunteered to proceed to luchclutha, for the purpose of conveying Small to the inquest, which was resumed soon after twelve, instead of at eleven o’clock as previously intended. Mr Superintendent Weldon watched the proceedings on behalf of the po ice. Wil iam Shore, manager of No. 1 colliery, Kaitangata, deposed ‘ —l have been manager of the mine for three years past last December. I have been engaged in coal mining from my infancy, commencing when I was about four years of age in Ayrshire, in Scotland, and I Five been nineteen years in New Zealand. I know the Kaitangata Railway and Coal Company’s mine. I was in it on four different occasions previous to the explosion. I was through the old workings before the explosio i. It would bo about twelve months ago as near as I could judge. I was in the old workings recently. It would be about three months previous to the explosion since I was in the new workings. I knew nothing of the presence of fire-damp further than from hearsay. 1 did not see any fire-damp personally, though one man said there was some fire-damp near the headings The reputation of the mine generally was tr at it was safe and good. With the exception of the statement concerning fire damp in the head ing that I have referred to, I never heard of the presence of fire-damp in any other place. I know of Mr Jarvie having been burned in the Kaitangata Company’s mine. I have frequently heard of the presence of fire-damp in the heading at the extremity of the workings. I understand the system they adopted in ventilating the mine. To juege from appearances, I cannot say that the old workings were properly ventilated. The air was not conveyed in one body through the old workings. The large open places in the roof required ventilation by the use of firescreens. The headings required to be substantially stopped, so that the air could travel round the workings. I fonnd a safety-lamp in the nsw workings after the explosion, I should say about 12ft from Beardamore’s (the fireman) body. The lamp could not have been blown out of the old workings. I have returned it to the owner.

By the Jury—l found Archibald Hodge’s body about half-p ist four on Sabbath morning, the 23rd, when Charles Samson and, I think, Win. Wilson were with me in the mine. His was the only body found in the old workings I have no doubt whatever that the explosion occurred in the old workings. I form that opinion from the direction in which the blast has been travelling. Besides, you can see the direction of the current on the floor of the mine. There was no indication of fire-damp in the old workings when we were searching for the bodies. I used a safety lamp on the occasion. There were bent rails or “ turnings ” immediately behind where the body of Archibald Hodge was found. He could have got “ turnings” nearer the month of the tunnel, but he may have wanted a particular sort. I would always consider it a rash thing for a man to go into old workings on any occasion with a naked light, knowing that fire-damp existed in the mine. Fire-damp has been known to exist in every mine that I have wrought in, with the exception of the Green Island mines. The first time I heard of fire-damp in the Kaitangata Company’s mine was when Jarvie was burned about six mouths ago. At the time of the floods I met with an accident from fire- ,, amp in a small new drive in the mine that I am now managing. In coal mines it is customary to leave trap doors loading to old workings, so that the men may travel out and in, but they arc generally prohibited from doing so. 't is customary to put up a board with the word “ fire’’ written upon it in all mines. George Jonathan Biuns, mining engineer, said —I have a certificate of competency as manager of a mine from the North hast Lancashire Board of Examiners, England. It is from the Secretary of -,tato practically. I have certificates on various subjects. I hold a certificate from the General Government of New Zealand. I know the Kaitangata Railway and Coal Com-

1 p.my’s mine. 1 have been down it once previous s to ihe explosion on the 24th Jan. of this year. 1 I examined the new working and _ part of the old working. I had permission [ from iVfr Hodge, the manager. It was perfectly freely given. I formed the opinion that the new workings, comparatively speaking, were properly ventilated, and that the old workings were 1 in a dangerous condition, or —to put it more correctly—that the old workings were likely to be in a dangerous condition, because, if they were so, I should not have gone in. I was short of time, and I had no safety lamp. Mr Hodge, tho manager, positively assured me that there was no gas in the place, and that may have influenced me. To examine the old workings for gas properly, it would have required a long ladder and some considerable time. The time required was not entirely at my disposal. The words of my instructions were to go through tho work rapidly, ns my services wore rcqi ired in other parts of the island. I did not t ink so much of the dang' r until afier I had left. Gas may be seen with a lamp or candle. The hrgo open spaces, as I said to Hodge, constitute an element of danger. I should not leave open spaces, hut take the cod! ten feet high. It is not the open spaces, hut tho lips that are d mgevons in the roofs. If there is no unevenness the air will carry the gas away. If there is unevenness, the gas will lodge in the higher places of the heads. In the new workings the ventilation was tolerably 4 good in the main. A wooden brattice is inaufficeni;, though it may not bo dangerous. There should he another outlet in the mine besides he place where the men went in. Ventilation is generally destroyed by an explosion as in this case, and if there had been another outlet, I do not think the miners could been saved. After the recent explosion the working should have been stopped by a brick stopping under padlock, and the manager should have had charge of it. If it had been known that there was gas in the new workings great negligence was shown in the failure to have the precautions mentioned. Tho manager of tho mine certainly had power to provide them. By the Jury—-I furnished a report of my inspection of the Kaitangata Railway and Goal Company’s mine to the bead of my department. I have a copy of that report. I had no authority to Mr ht 0(]go or to tho Kaitangata Company. I exceeded my duty in telling Mr Hodge that I found the place dangerous. By the Coroner —I was not performing any statutory duty at the time, as the Regulation of Mines Act was not in force. 1 have no power to say officially to companies if the mines in New Zealand are working safely. I go round to make statistics, and if I examine a pit and do not think it safe I make a report to that effect. I was in the Kaitangata Company’s pit for my own satisfaction, and I could not say whether the working man iger was competent, as 1 was only there for an hour or two. Hodge told me there was no fire damp on one side of the pit. I have examined the pit this morning. I have been close to the place where Archibald Hodge was killed, and I found a very large quantity of gas there. It is highly dangerous. It is sufficiently dangerous to cause such another explosion as we have heard of to-day. That gns must have accumulated since the recent explosion, which would have cleared the place completely. I went through the pit without a plan, under the guidance of Mr Shore. Just close to the place where the body of Archibald Hodge was found there was a large accumulauion of gas. The blower would have been found by anyone going through the workings. By the Jury —lt is usual in the home country after an explosion in a coal mi e to hear a second report. lam astonished that you have not had that here, especially with the furnace alight. 'The gas accumulates very quickly in that portion of this paiticular mine whore Archibald Hodge’s body was found. The day before the explosion in the Kaitangata Company’s mine the barometer had fallen very considerably. Ino iced the fact at Balclutha. In that case the gas would ho more likely to come out from, the coal in the mine.

Allan Holmes deposedl am a director of the Kaitangata Railway and Coal Company, Limited. I am not the chairman of directors. There is no regular chairman of the Board. I have taken no part whatever in the management of the mine. The mine was managed by Wm. Hodge, u’-der the directors He had sole power as manager. He received no instructions whatever from the directors as to the general management of the mine. He would consult with the directors on special points, and tell them what he was going to do. I don’t recollect that we disapproved of anything that Hodge had done in the arrangement of the details in working the mine. He was regarded as an export. It was not usual for Hodge to report. Mr Davidson and myself made it a rule to come down and see how things were going on. I was informed of there being fire-damp in the mine. Hodge told me himself. That would be as nearly as possible at the end of July or the beginning of August. That was the first time that I heard of fire - damp being in the mine. Hodge said, “ The mine is making a little fire-damp, Mr Holmes, in the new workings.” “Well,” I f aid, “ you must take every precaution.” Ho said it was “ A mere nothing,” or something to that effect. The next time I heard of it would be at the time Jarvie was burnt. I did not hear of it again. Shortly after the accident to Jarvie I spoke to Mr Hodge pretty strongly about the matter, and said I would feel more comfortable if the mine were put under safety-lamps. Hodge told me that ho had appointed Beardsmore as fireman of the mine, that Beardsmore inspected the mine every morning before the men went in, and that the men were not allowed to go anywhere where gas was making at all. I do not remember the exact conversation, but I impressed upon him the necessity of using every precaution and every diligence. I told him that I expected the mine to be examined every dav, and that he was not to put in his men if there was the slightest danger. I think Hodge was of a careful disposition, though he had the manner of answering occasionally in a laughing way. The men appeared to think the mine was safe from large explosions, but believed they might suffer from small explosions near the headings, where gas accumulated. On the 26th or 27th December Hodge said the men had not been in the mine the day before, and Beardsmore used tbo safety lamp. Beardsmore then saw tbo fire- damp only come from one side of the mine, aear the extremity of the new work ngs, and bo and Hodge regarded it as a curiosity that firedamp should be making only in that part of the mine. Hodge never reported the mine as unsafe to the directors. About that time I had ordered a dozen safety lamps and an instrument for testing the velocity of the air. Hodge order«d three dozen safety lamps on his own responsibility, and asked if the company would pay for them. I said, “ Oh, yes, I am glad you have sent for them. I intended to make a further order mvself.” Hodge would not have required the slightest authority from the directors for making alterati ns in the management of the mine. He had authority to get timber without requisition. W. Pledge was a large shareholder, and had a considerab e interest in the mine. He was only a practical miner. He was extremely pushing, and 1 thought very faithful in every respect. I gradually got to know that there were defects in his working of the mine—in the winning of the coal. I believed that he would take care of the men. Hodge and his brother intimated tnsir intention to get an instrument from home for the purpose of testing the presence of fire damp. Hodge bought expensive mining works, andintimatid his intention to go to the School of Mines in Dunedin, for the purpose of learning the surveying. I said he could not leave the mine, and he then said ho woula send his brother to the School of Mines, and afterwards learn from him. Hodge was extremely careful in the management of the mines. I believe Mr Cox’s report on the mine for 1877-78 is favorable. Mr Binns, recalled, gave evidence regarding the theory previously mentioned by some of the witnesses as to the gas generating in the old workings of the Kaitangata Company’s mine, and being carried into the high places of the new workings. Witness did not think it was the correct theory. The Coroner: Well, gentlemen, that is all the evidence there is to lay before you. It is your duty now to consider your verdict 1 think there can ho no doubt that you will find that the death of these men has been occasioned by an explosion of gas in the mine. If yon find that, you have further to consider whether the explosion was caused, or whether the collection of gas and the explosion of the gas was occasioned, through neglect and improper working of the mine. I will read to you Horn “ Bussell on Crimes.” You will understand for what purpose, (p. 875) —An indictment for mansl uightcr alleged that it was the duty of the prisoner to cause to bo ventilated a coal mine, and to cause it to tie kept free from noxious gases, and that the prisoner feloniously omitted to cau-e the mine to be ventilated, ana that noxious gases accumulated and exploded, whereby the deceased was killed. It appeared that the deceased was killed by the explosion of fire damp in a colliery of which the prisoner was a sort of manager, and it was imputed on the part of the prosecution that this explosion would have been prevented if the prisoner had caused an air-heading to have been put up, as it was his duty to hare done. For the defence it was attempted to bo proved

I ii at it was the duty of one of the person'* kilh d ! to i are reported to the prisoner thut an air--1 heading Was required, and that he had not done j ko. In summing up Maulo, J. said: “ Ihe 1 question • 'or you to consider are, whether it was the duty of the prisoner to have directed an airheading to he made m this m.n'o, and whether, by bis omitting to do so be was guilty or a \ » atit of reasonable and ordinary precaution. t lf you are satisfied that it was the plain and ordinary duty of the prisoner to have caused an air heading to be made in this mine, and that a man using reasonable diligence would have done it, and that bv the omission the death of the deceases occurred, you ought to find the prisoner guilty of manslaughter. It has been contended that on this occasion some other persons were also guilty of neglect. Still, assuming that to be so, the.r neglect will not excuse the prisoner. For, if a person’s death be occasioned by the neglect of several, they are all guilty of manslaughter, and it is no defence for one who was negligent to say that another was negligent also, and thus as it were, to try to divide the negligence among them P And it might be that is a case very much to the point. If you think that this mine was improperly worked by Mr If edge, who was manager of the mine, that it was his duty to work it in a different manner, ti nt it was his duty to make proper provision for ventilation, or to have kept the passage into the old workings closed so that persons could not get in and out as they chose, thenj gentlemen, I think you will have to Cud that he was guilty ol such culpable negligence as to he guilty of manslaughter. If on the other hand, you consider this was an unforeseen occurrence that might occasionally occur, and that from the circumstances it was merely accidental, you will find by your verdict that it was so. With regard to Archibald Hodge, even if you find that Win. Hodge kept the mine in a negligent manner, the fact of Archibald Hodge entering the old workings with a naked light would also render him c; Ipable. Where persons employed about such 6f tbeir. lawful occupations from whence danger may probably arise to others, neglect the ordinary precautions, it will bo manslaughter, at least on account of snch negligence. If you think Archibald Hodge omitted to use ordinary caution in going into the old workings without being provided with a safety lam]), I think then, gentlemen, you will find him also guilty of manslaughter. The Coi'oner concluded by remarking (hat no would read any part of the evidence if necessary to the jury, and also direct them further in the law of the case.

The jury retired nt 3 p.ra., and about an hour afterwards they, by their foreman. Mr David Dunn, brought in the following verdict“ Ist, The jury find that Arch. Hodge through entering the old workings without ordinary precaution, and with a naked lignt, caused an explosion of fire-damp, whereby thirty four men and boys lost their lives. Secondly, The jury find that William Hodge had not used the necessary precautions to prevent an explosion of firedamp in the mine over which he had the management. 3rd. Seeing that there is no law for inspection and supervision in the conduct of mining, we express the necessity of measures being adopted whereby mining accidents in the future may be averted.”