CORONER’S INQUEST.

New Zealand Times, Volume XXXIII, Issue 5329, 26 April 1878, Page 5

CORONER’S INQUEST.

A coroner’s inquisition touching the death of Nowlan Powell, who was killed in Willisstreet ou the previous day, was held at the Morgue yesterday, before Dr. Johnston and a jury of twelve.

Thomas Bishop was fined ss. for not attending in time as a juror. The jury having viewed the body, the following evidence was taken;— John Furness deposed that he was a laborer, and was employed at an excavation in Willisstreet. Deceased was working at the same place, and at the time of Ids death, about half-past two on Wednesday afternoon, he was engaged, together with John Millar, the foreman, filling a cart with earth. The dray was hacked towards the earth, which gave way. Witness observed the ground slipping, and shouted “look out;" but they had not time to get away, and deceased v/as completely covered with debris and Millar buried up to his waist. Millar managed to disengage himself, and after doing so said “ Where’s Bill ?” Deceased replied “ I’m here,” but there was no part of him visible, and they were only guided by his voice. Witness commenced immediately to uncover him, and had so far succeeded as to get hold of bis arm, when a second (all occurred, again covering deceased, and causing witness to run and save himself.

By tho Coroner : They had been undennin. ing the embankment, but did not consider there was any danger, as the material was rocky and hard. When a slip took placeit was generally preceded by some small earth sprinkling down, and tho men being warned of the danger, were able to get away. Tho rain which fell on the day before the accident might have loosened tho earth. Witness had been employed at this particular place on and oil for six months, and had never seen a fall of earth there before. Deceased, he believed, was a native , of London, but had resided in Queensland lor a long time. He was a single man, and about SO years of age. . foreman : Was every precaution taken m the undermining ? Witness ; Generally speaking, when a fall is expected, there is a man employed to watch and give the men notice of it. Thero was no man so employed to look out whore tho accident happened. ® r- Hording stated that ho was called to the scene of the accident on Wednesday ernoon, and on his arrival found deceased covered with earth, except his head, which had oeen uncovered. Ho was quite dead. On ■examining the body witness found it to be very mnch bruised and discolored, tho left collare also being broken. Ho was lying on his

chest, and witness considered suffocation caused by pressure to be the cause of death. John McLaren Miller deposed that he was a carter, and supplied ships with ballast. Pie paid a royalty to Captain Williams for earth taken from the scene of the accident. Deceased was in his employ, and at the time of the fatal occurrence he was assisting witness to load a dray. During the morning they had been undermining, but the earth was so hard that they could not loosen it. Witness had no warning accident, but he was of opinion that deceased must have heard Purness call out, and in the excitement of the moment ran into the hollow they had undermined. The second fall was very heavy, and came from the top of the embankment. Witness had worked the quarry about nine months, and had heard that a man was killed there by a fall of earth about a year ago, but he was not engaged there at that time. It was usual to have a man on the look-out, but in this case they did not have one, as the ground appeared too hard to give way.

The Coroner remarked that he had held several inquests on similar accidents, and his experience was that when there had been a lengthened period of dry weather, succeeded by heavy rain, as was the case in this instance, the earth gob loosened, and greater vigilance was required on the part of the men. Witness said the first fall was a distance of about ten feet, but the secoud oue was much higher. He had generally found the low ground to be the most treacherous. The Coroner said there was no more evidence to be taken, and judging from that adduced he was of opinion that this accident had been made serious through a proper lookout not being kept. He thought means should be taken atsuch workstohave a responsible man on the spot. He did not see any excuse for a proper look-out not being kept. The only point in favor of Millar, who was in charge, was that he himself worked at the same spot as deceased, a fact which tended to show that he did not consider the ground dangerous. If they returned a verdict that deceased was accidentally and ca nally killed, he thought some reference should be made to the manner in which the work was carried on, so as to give the police power to see that proper precaution was taken in future. He thought a rider would have some effect, as this was the second accident which had happened at the same place. If Miller, who was responsible, had allowed the men to work without being on the spot himself, the case would have looked very like one of manslaughter. The jury returned a verdict of accidental death, adding the following rider :—“ The jurors are of opinion that John McLaren Miller is deserving of severe censure for not having a proper look-out kept whilst engaged in such operations.”