THE WAIAREKA EXPLOSION.

Oamaru Mail, Volume I, Issue 53, 22 June 1876, Page 2

THE WAIAREKA EXPLOSION.

CHARGE AGAINST ME. COEMACK. At the Resident Magistrate's Court this morning, before Messrs. Udall aiul Sumpter, J.P.'s.,° Jolm Cormack was charged by the Government Inspector oi Machinery that he did, in or about the months of March, April, and' May, 1870', at Waiaroka and Cave Valley, knowingly aid the increasing of the pressure in a .steam boiler of a certain locomotive engine. bcy<<nd the pressure stated in the certificate for 'the boiler, dated_ September I<>, 1575, and granted by the inspector of. Machinery for the Otago District, to wit, oy «iiio one i f./?]] ell, (now deceased), who was employed by himj the said John Cormack, as the driver of the said engine, to tie down with rope the safety valve of the said boiler, for the purpose of keeping the steam hi the said boiler, whereby the pressure of steam in the said boiler became, and was, greater than G-slbs. to the square inch, being an indictable offence. Mr. Balmer appeared 011 behalf of the prosecution, and Mr. T. W. Hislop represented the defendant.

Mr. Hislop stated that in so important a case as the one now before the Court, with all respect for the Justices occupying the Bench, lie would submit that the Resident Magistrate should preside in a case of such paramount interest to the public. He was well aware that his Worship was snbpcenaed as a witness ; but still he was of opinion that the Resident Magistrate should preside on such an important occasion. The learned counsel contended that the information was bad, inasmuch as no particular date was fixed in the information. He would, therefore, .submit there was 110 case .against the defendant.

Alex. Simon, sworn, deposed : I was lately in the employ of Morrison, and Co. Left their employ the Saturday before the boiler explosion. Dugald -Mitchell was the driver of "the engine (Hover). Remember the steam gauge; it registered up to 1001b. I have seen defendant travel by the engine, but cannot say 011 what date. Consider the spring balance was not sufficiently strong. 'The driver endeavoured to make it fit tighter. It was fastened down by a piece of rope, to tighten or slacken as the engine-driver required. Before the rope was put on, the engine could only draw two or three loaded tracks about 400 yards. Afterwards she could draw about three or four miles. The engine did not stand ill any particular place. Any person working about the engine could not help seeing the rope on the valve. Cross-examined : The engine could draw the trucks three or four miles along the Junction line. There was not room on the engine for more than two persons to stand on. IN ever heard Air. Cormack give instructions to tie down the valves. Was on the engine when it was first tied down. Remember stating at the inquest that after the valve was tied down it could draw three loaded trucks about four miles.

George Amos, being sworn, said : I am Inspector of Pail ling Stock on the Provincial Government Railway, Oamaru. I remember an engine belonging to Morrison and Co., used on. the Waia.reka line. I remember the stc-am gauge. It showed about 2Clb, pressure when there was no steam in the boiler. I went up the Waiareka line on the 22ud of May last, and saw the wreck of a boiler and everything connected with the engine, within half an hour-of-when the explosion took place. .The steam gauge produced is the one. 1 cannot swear to it.

Cross-examined by Air. Hislop : I never tested the steam guage, and could not swear it was true.

Mr. T_'da!l: There is nothing in the witnesses evidence worth cross-exanuiiation.

Mr. Hislop : I think the counsel for defendant will know best if it is so. By Mr. Hislop : I do not think that 201bs. of steam would send it up to KiOlbs. If there was no steam it would. I never tested it, but if it was weak there is no telling what it would indicate.

Thomas W. Parker, sworn, deposed : I am Resident Magistrate and Coroner for the district of Oamaru. ~ Remember an incjuest being held on Alex. Taylor and Dugald Mit-

chell, when Mr. Cormack, the defendant in this case, gave evidence as to the state of the safety-valve and steam-guage at the time of the accident. Mr. Cormack stated at the Coroner's inquest that he was a member of the firm of Morrison and Co. The witness here gave evidence substantiating that given by the defendant at the Coroner's inquest. Constable Donovan deposed as to the service of summons on the defendant, but in cross-examination he stated the wrong name of the Justice signing the same. The learned counsel for the defence held this as a fatal objection to the case. The Bench, however, overruled the objection, as they considered the service of the summons had been legally performed. Henry Shepherd, sworn, deposed: I am Inspector in the Public Works .Department. Know the defendant: used to be employed by him as platelayer. I knew the engine Rover, that was running on the hue. Entered defendant's service on 21st February, and left on the 13th May last. He went up and down the line usually on the engine. Have seen the latter draw as many as six loaded trucks. During the first month she generally drew three or four. as m the habit of travelling on the engine, and noticed the steam gauge. The pressure was generally from fiOlbs. to lOOlbs. Remember seeing the safety valve tied down. Saw the rope iirst put on about the Ist of May last. Have seen Mr. Cormack on the engine since the rope was affixed. Is o person on the engine could avoid seeing it. After the rope was tied on, have seen the pressure up to IGOlbs. Do not know what pressure was indicated by the gauge when the engine was stopped for want of steam. A good deal of argument here ensued between the learned counsel as to the validity of the certificate, dated 16th September, 1875, the defendant's solicitor arguing that there was no evidence whatever to show that it had been granted by the Government Inspector of Machinery, for the Province of Otago. The Bench held that the certificate was legally given by the Inspector. The Court at 3.30 adjourned for half-an-hour.