THE LATE FATAL ACCIDENT.

Kumara Times, Issue 2022, 21 February 1883, Page 2

THE LATE FATAL ACCIDENT.

CORONER’S INQUEST,

The inquiry into the cause of death of the late James Smart was held in the Court House yesterday, before A. C. Campbell, Esq., J.P., and a jury of thirteen, the names of which were as follow : —Messrs Peter Dungan, (foreman), Hugh Adamson, John Mulvihill, Michael Dracatos, John Davies, John Sweeney, Joseph Dove, George Ingall, Patrick Clune, Timothy Carey, Bernard James O’Rourke, Jean Spiudeler, William Brown.

After going to view the body of the deceased, at Mr Hannan’s Post Office Hotel, the following evidence was taken :

Henry Edward Langridge, being sworn, said : lam a carpenter, residing at Dill man’s. I recollect the 19th instant. I was Avorkiug at the lowelshed at the IpAver end of the Kumara sludge-channel. When I went down to the mouth of the sludge-channel I noticed something in the water which looked like iron pipes; I thought it Avas one of these nozles. I could not get near it at the time, but I went to turn the water off and get assistance. I shut the water off and turned it down to the other channel. I then went doAvn to the tailings to see what the object was; as I Avas going to stoop down, I saw it was a man’s legs. I exclaimed “Itis a man !” The man that helped me to turn off the water assisted me in lifting the body up from the water. When we got him up, to all appearance he was dead. I observed a large cut across the temple (horizontally). I did not observe any other cut at the time. I went then to give the alarm at Dillman’s. On the way I met William Morris, one of the deceased’s mates. He asked me if I had seen Smart out of the channel. I said “ Yes; he is out of it, and dead !” I knew Smart when living ; and I recognised him when I got him out of the tailings. I had not seen him before that day. I could not say how he came by his death. He was lying from 19 to 20 yards from the fall of the box at the mouth of the sludge-channel. The quantity of water flowing out the sludge-channel at the time would, I think, be about sixty heads. If a man fell into it he would have no chance of saving himself, or very little unless there was someone to hold him out of it. I know no more than that deceased was carried away by his mates and others. I have seen the body lying at the Post Office Hotel; it is the same that I found in the tailings at the mouth of the sludgechannel.

By the Foreman: it was about 10 to 15 minutes after four o’clock, I think, when I saw the body. I have no doubt but that the body was carried down the sludge-channel. By a juror : I think the force of the Avater would be sufficient if deceased’s head struck the bar across the top of the box to cause death. I am of opinion that if deceased Avent down feet foremost the wound on the temple could not have been so caused; but yet it might have been. Robert James Smith, sworn, deposed : I am a miner residing at Larrikins. I have seen the body now lying at the Post Office Hotel; it is that of James Smart, he Avas a mate of mine. Yesterday, at about four o’clock in the afternoon, Avhen we were sluicing into the sludge-channel, the water rose up in our paddock. This would be caused by the blocking of the jump-up. One of ray mates then Avent to turn the water off. We waited in the paddock about a quarter-of-an-hour or twenty minutes to see if the Avater Avould soak away. It soaked away very slowly during that time. All at once it Avent with a rush. After the rush I resolved to go down into the tail-race, which I did. When I went into the tail-race, at the lower end of it I found the lamp burning. I found only one lamp burning; we usually kept tAvo or three. I followed up the tail-race to the jump-up Avithout finding Smart, or any trace of him. When I reached the jump-up, I sung out to my mates in the paddock “ Smart is not here !” One of my mates, William Morris, replied—“ Perhaps ho has been washed out.” I then said I Avould go down the sludge-channel; and I did so. When I reached the mouth of the channel, I saw a crowd of men on the tailings, and on going down I saw my mate James Smart laying on the tailings. He Avas dead. I helped to lift him away. Before the blocking of the tail-race, there Avas a signal struck—once. It Avould be given by Smart from our own tail-race. There Avas no proper understanding Avith regard to the number of signals, but it was understood that when there was a signal the water was to be stopped to enable the party iu the tail-race to get the race

clear. I should say when the tail-race is blocked up there would be five to six feet of water in the paddock. It became reduced fifteen or sixteen inches while we were there, and then it went with a rush. It had blocked up to the same extent several times before. I believe a man named Peter came over the bank into the paddock with a mate of his, and said—“ I see you have a mess there ; someone ought to go down and see about it.” Two or three of us went and found it was blocked. One of my mates, William Morris, said to Peter “ Did you see Smart about?” He said “No,” Peter then said “One of you should go down and see him.” Morris replied—“ Ten chances to one if Smart is there; or, if he were, this would not have occurred.” Smart was very often away in the sludge-channel when the water was on, and sometimes even on to the surface. When Peter suggested that one of us should go down into the tail-race, one of my mates, I believe, said “ You might go yourself, if you have nothing to do.” Martin Scanlon said this; he said it by way of a joke. As far as lam aware the dedeceased was on good terms with every one of the party. We have had no quarrel since we have been together; we have had a few words at times, but nothing to speak of. When I last saw deceased, it would be about the time he was going to dinner, after 12 o’clock. He was very jovial all morning; he was in his usual health and spirits. As far as I can see I have no doubt his death was caused by being driven through the sludge-channel, and entirely by accident. His duty was to watch the tail-race, and to give signals to stop the water when the race was blocked. There was no one in the tailrace with him. The jump-up being blocked, it would be dangerous attending to the tail-race. To the Foreman : My late mate made it his special business to attend to this work. There was danger at times, but he was a very cautious man, and I have heard him say that when any danger was apprehended, he would leave the tail-race and go up on the surface and see what was the matter, which he has done on more than one occasion. When the rush occurred we observed only the water disappearing from the paddock. The jump-up is not quite clear to-day. There is about three feet of stuff in it now, and an opening between the cap-pieces and dirt of three feet. I went up the jump-up this morning. There is no lay-by or escape at the jump up, and a man to get out of the way of anything that went wrong would have to go down the tail-race into the sludge-channel. If a chamber or lay-by were there, it would afford a man a greater chance to escape. To a juror: From the box leading from the face there is a drop by the jump-up to the box of the tail-race of eight or nine feet. At the present time about 100 feet of our tail-race is blocked. There would not be sufficient refuse in the jump-up to block the tail-race the distance it is blocked now. I do not think the dirt only discharged from the jurap-up would drive a man down the tail-race. Ido not know whether the signal would work if the jump-up was full up; it may be possible that the signal would not work. Ido not think any blame is attachable to any of the mates, it was purely an accident. Our tail-race is 320 feet from the jump-up to the sludge-channel. We generally use six heads of water at a time. There was a large quantity of water going into the sludge-channel at the time. It is possible that deceased might have met with his death before reaching the bar at the foot of the channel.

To another juror : There is no manhole to get down to the tail-race from the paddock. We go down Read and party’s race into the sludge-channel, and up till we meet our own race, and then cross the sludge-channel. It a man was crossing the sludge-channel, and fell into it, I think he could not help himself • he must be carried away. There is a hand-rail that Smart used to cross by, which he put up himself. There is no plank to walk over ; the men knock it away again j it seems objectionable. I know there is an Inspector of Mines. I am not aware if he has ever been on this goldfield. William Morris deposed : We had been working about twenty minutes after we got the water at two o’clock, when deceased rang the bell. We then stopped the stuff going down the tailrace by putting slabs in the race. We waited from ten to fifteen minutes when I told one of my mates to let the stuff go ; that if it was not clear in the race deceased would ring again. The bell was not rung again at all daring the afternoon. From the time the bell rang it would bo an hour to an hour and a-half before the water was turned off altogether. Because of the water being stopped, the jump-up became

choked. We turned the water off then as quick as we possibly could do. I believe deceased must have been out of the race at the time this happened, or I do not think the jump-up would have got choked up. The reason is that if he had been in the race he would have signalled to ns to stop the stuff coming down. He had been thus employed three months; he was thoroughly accustomed to the work. He was a careful man as far as I have known him. The tail-race has been similarly blocked up before, on two or three occasions. He may have either been washed away when the water broke away at the jump-up, or he may have slipped into the sludge-channel by accident when in the act of stepping over it.

To the Foreman: As a miner I think it would add to the safety if there were a lay-by or chamber near the tail-race, that a man could get into for safety. There is nothing of the kind in our tail-race.

To a juror : It took more than a quarter-of-an-hour to block up. I last saw the deceased alive about half-past one. I was speaking to him down the jump-up about twenty minutes after this, and I handed him down a longhandle shovel and a slab. I think there was great risk in attending the tail-race. It was a voluntary act on the part of deceased. Our system of signaling is the same as that adopted all over the field. The Witness: I wish to make a statement. I pointed out the advisability of having an escape before I bought into the claim, and complained of the system several times afterwards. Smart was opposed to any alteration. One of our mates said he would not go to work in the tail-race without there was a man-hole or something of the sort. Smart replied that he would go himself. To the Foreman: I have read that there is an Inspector of Mines. I believe he has visited Kumara, but not in his official capacity. In cases like the present one I think he should compel everyone to have an escape from their tail-race.

The Court, which had been open to the public during the examination of witnesses, was then cleared, and the jury, after about twenty minutes deliberation, returned the following verdict :—“ That the deceased James Smart met his death by being accidentally washed through the sludge-channel on the 19bh day of February, 1883; but there is not any evidence to show how he fell into the sludge-channel.” The following rider was added—“ That in the opinion of this jury it is advisable that the Inspector of Mines should visit this goldfield, and see that the tail-races be provided with chambers and other proper means of escape ; also that the manager of the sludge-channel be requested to pot a plank over the channel where the miners cross at their tailraces.”

The coroner thanked the jury for their patient investigation, and then discharged them.