RESIDENT MAGISTRATE'S COURT.

Lyell Times and Central Buller Gazette, Volume V, Issue 236, 22 August 1885, Page 4

RESIDENT MAGISTRATE'S COURT.

Wednesday, 51 h August, 1885. (Before Frank Bird, Esq., R.M.) A. Accolino, continued: Cross-examined by Mr Lynch : The breaking-down of hanging-wall had not to be done through my own mistake. I got instructions for everything 1 done. The size of steel to be supplied by company was not mentioned in the contract. That given us is the kind generally in use in this district. If I ever went out of line, it was through the manager's instructions. He said if we did not attend to him, he would not pass our work. A quantity of the timber used, was much over the size mentioned in the contract. The specifications said the timber was to be a certain diameter. (Mr Haselden here interposed that plaintiff was a foreigner, and it was scarcely fair he should be asked to put a construction on a document which had only then been produced). The manager told me to follow the reef, but after 1 done so for 15 feet, he shifted our course. Within a week of taking contract, I asked Mr Inglis, the legal 'manager, for a copy of specifications, but he said it was not ready. I was never refused access to the document whilst contract was current.

By Mr Haselden: Asked Inglis, in June last, to allow my agent, Mr E. W. Butler, to take a copy of contract. He refused to allow same, and referred me to the directors. They are no friends of mine. If J had wanted to keep the rise straight in line, I could not make a mistake, but I was ordered to go outside of it.

Peter Kelly, deposed ; Worked for Accolino on rise contract. It was GO feet up when I went on. When up 70 feet, we struck a reef, in the north end. Sheran, the acting mining manager, then told us to keep to the south. We lost the reef, itnd the country at once became hard again. We went through the reef, and into the foot-wall side. Some of the timber was very much heavier than thatspecified ; in hauling, it used to jamb, through rise going to south. Manager frequently visited the work, and told Aceolino to bear an inch to the set, — south. We kept that line, and always went according to instructions. I left the job in December. Peter Fantauo: Worked for Accolino. It was good driving before reef wa>> struck. Manager told us to go into the foot-wall, and keep more to the south. It got very hard. He frequently altered the direction we were going in. Used regular drills, but they were too big for hard ground. The larger the drill, the slower the work. There is a considerable bend in the rise as it is now. Thomas Walsh : Worked for Accolino. Sheran gave us our directions. He inclined us to the south. The rise was graded by a triangle. Wo sometimes went more upright than instructed, in order to get out of the hard ground, but we never departed from Sheran's directions. The timber sent up, towards the last, was very much heavier than the first portion. The rise is oft, Gin. x Bft. In an uprise, the more stuff taken down, the better.

Cross-examined by Mr Lynch: We always inclined to the south : when the manager would allow it, we went more uprightly. Once we went a little too much to th ; south, and 111 logging-up, were put back. When Conradson took charge of the mine again, he turned us to the north. Don't recollect Sherarn ever telling us we had gone wrong. We kept to his instructions.

By Mr Ilaselden. —Did not want to "bear south ot our owdi accord. It was Sheran's instructions. We went no more to the south than he told us; perhaps a little. The effect ot Conrad son's instructions was to put a bend in the whole of xise.

E. W. Butler, C.E. deposed to accompanying plaintiff to defendant company's office, and being refused copy or inspection of contract or specifications.

Mr Lynch then briefly opened his ease for the defence. He would be able to prove that the deviations from a straight line, were entirely through the plaintiff, —the contractor's own fault, and consequent upon his trying to get into soft ground. They were not, moreover, calculated to seriously affect the amount of work necessary to complete the contract.. Regarding the largest ite.n in the schedule composing the complainant's el lim, —that of X';) 7 10s, —he relied upo i that, of all others, being struck out. ft had been proved the steel used, was the ordinary kind, and complain mt knew the size very well, when he tendered for the work.

Martin Conradson, deposed ; Was the defendant company's mining manager at time rise was started by Accolino, but left on leave of absence two days afterwards. Course of rise was to be taken from a line in No. 6 level, and one each in the first and second stopes. When I returned, Accolino had completed up to IoG feet. Mr Johnston, surveyor, said Accolino was 9 feet to the south, out of line. I then instructed them to draw to the no tli, and the rise would fetch the spot intended. I was away, and eannot say if Sheran ordered the contractors to keep more to the south. They had to follow on the foot-wall, and the grade was to be followed according to the manager's instructions. [To be continued in our next.J