WARDEN'S COURT-Wednesday.

Thames Advertiser, Volume VII, Issue 1779, 3 April 1874, Page 3

WARDEN'S COURT-Wednesday.

(Before \V. FitiSßß, Esq., 8.M.) Gr. SMITff T. SHiBEHOLDBBS OP QuBBN op 1 Bsiury.—[The following is .the remaiader of tue evidence taken in the above case' ; on Wednesday last.]— William Sims deposed: lam a miner, at present working in the Queen of Beauty. I was employed as a wages man for Smith. I know the mine well, and the different leaders. -I was employed by Smith after Christmas. I was set on to timber. I did .timbering on the little leader. I put in some" soldiers" in the stopes. I pat thorn in because the quartz had been taken out. I timbered the stopes of the little leader. I was working for Smith eleven days, and L was part on the little leader and part on Wo. 1. I was a bit oa each on each day. I was working eleven days continuously. Whihc 11 was working on the little leader I saw McDonald there on several oooasions. To my knowledge, McDonald never went up into the atopes of the little, leader, but he heard the men working. I have seen with him, O'Connor, underground boss for the company. On one oooasion, as I came down the stopes of •the little leader I saw McDonald and O'Connor, at. the - cross-cut where the little leader and No. 1 divide. One of them had a tape, line in his hand. I said to McDonald, "Hallo, Mao,; ; are you doing a bit of; surveying," and he said, " Tes, Mr George is enoroaohing here." I said, "How's that?" and he' marked with a oandle, saying, "Do,you see this mark P'! Upon a slab he marked with the oandle, and said, "Prom , this mark for 90 feet you must touoh nothing You mustjhen make a fresh start again to work along," or something to. that effect. I think ithey had been msasuring before I cams, down. Stewart, one of the shareholders, said to me that he. thought Smith would be out of it altogether. He did not say that -Smith had a right to one mire thin another.By Mr Meyers: -McDonald did not say that he could hear the nm working_ in the stopes. Any man with any hearing could hear the work that was being oarried oa. The mirk he made was in •the miin drive of the small leader, not far from the junotion. - The> 90 feot was to be left becmse.it was under the engine. A ; portion of that ; drive, 30 or 40 Feet, was put in two or three years ago. From the junction to- where McDonald made the mark, was in before Smith took the contract, and beyond; that,. {could not say whatdistance.-By Kt 'Macdonald: If a nun could,hear at. all, and knew about the minej I.should say ; he could hear the men' working ia tap stopes.— Benjamin Palmer deposed:! have worked in the Queen of Baauty up to'the''time plaintiff was knocked off. I was working on what was the little leader. It junctions from the No. 1 reef. I was working oh the little leader near about a month, Btoping and driving. I have seen McDonald in the mine on a good many occasions. He saw me j_ passed me in the drive;'' On one occasion he spoke when he and O'Connor; were .down; Mo Donald was measuring off the little' leader. This would be four or &Ve shifts before we knooked off. I said I believed Smith was on the surfaoe whon he aaked me.. He pointed to a white mask he had made on a slab in the drive. Mo Donald had a tape in his hand. He told me to tell Smith ■ that he was not •to touch 90 feot of the little leader because it was under the' engine. 90 - foefc was to be loft solid, he said; tho rest Smith was to • work.—By Mr Hesketh: When [ went ; to work on.the' litfle leader, there wa3 a drive on it. I was working on tho little loader principally up to the time I was knocked off, I believe about a month; ago. ; Lwas employed by Smith to work there.' 1 was'a month there, and during nearly the whole time I was oa the little

| leader. 'There had been a winze sunk / froni the 100-feet level on. the little leader. There was a drive in a long distance. I only worked by the side of the ! drive. I was taking off the part of the reef that had beeu left. That was the first work; then I was .stoping, working out the block. I never did any driving. Tho mark would bo five or six feet from the No. 1 reef. I could not say whether it was the second or third set. After Mr McDonald told us we knocked off there, and worked towards the. Bright Smile, leaving the 90 feet standing We went . from Smith's orders. 'The. drive was in more than 90 feet. The underground boss, Green, told us where to begin again. There were some working on the other end of tho 90 feet after McDonald made the mark. I only, worked four or tivo shifts altogether. I cannot say whether I worked two shifts. Smith told' us there was.no.moro work for us .there. Smith said they would not wind the dirt for us.- .That was : four or five shifts after \ McDonald made the mark. ■- said we were to leave 90 feet and all the rest belonged to Smith. These we're his ■'• Words. Another man was present besides 0 Connor, John, a foreigner, and Sims, whowas in the drive.—By Mr Tyler: Part of the lime I was working after tlie.mark was made by MoDonald, X was on the . little leader beyond the 90 feet towards the Bright Smile.;, John was working there, and a man named Breen.-John Wenzliok: .lain.a minerjnow workingin the' Golden Oalf.. 1 know the plaintiff , and defendants. I am-an Austrian. T . was working- the Queen- of .Beauty for Smith for,four weeks. ,1 knooked.off' when'all'hands were knooked off. 'That wbuld.be- flee or. six weeks ago, when they would not wind the stuff. I know the. different reefs. : I was workingsome- : - times in No. I and' sometimes in .'the little leader. I was stoping out quartz in the little.leader. ; I know the underground boss, O'Connor.- I know .Palmer ; and William Sims. I remember McDonald; .; and O'Connor being below! , They had a.. > tape, and were, measuring. They measured 'first on No. 1, and then on the little ■•■; leader. MoDonald made a mark, on the block, and said to tell George Smith that ho must leave .90 feet on the little leader . from the mark, and then to work again. Sims said," All right." Witen and O'Connor-came in [ was, driviug: pa the No. 1 reef. I kept on-at No. 1. After . they-came, I was workiog on -' leader, stoping.- I kept on there till I was, finally knooked off. I was stoping at, ~ the Bright Smile end, the far-offend, of' '■'"■' tho little loader. While I was working on the little leader I never saw MoDonald. The stuff I got out of the little leader at the Bright Smile end was truoked away.—By Mr Hesketh: 1 had not been working on the little leader before MoDonald made the mirk. . I worked on the little leader after the .mark was made, .about 20, feet from.the mark. I only worked there two shifts. [ was stopped by Smith, who said he had been knooked off by MoDonald. During the time I was working on the little leader I never saw McDonald.—By: Mr ■; Tyler: lam sure of only working two shifts on the little leader after the mark .. : was made. Green put me on.—John Green deposed: lam a miner, and have been working for tbe plaintiff in the i Q.ueen of Beauty. I commenced to work during the holidays. I commenced to work on the prospeoting drive, and after that a cross-cut from No. 1 to the. little leader. I finished somewhere about Christmas eve. The crois-cut was to get at the little leader. We broke into the - little leader drive. We went on to the face, and found the drive hal fallen in. The drive was bo bad that we did not take the ..contract. I worked for wages sometime on the little leader. .We began to work on the- ; little leader about th* beginning of January. 1 was working on the little leader about a month, sometimes trucking,: jj, and sometimes stoping. Palmer was also working on the little leader. He was . • working on the stope above me. When' 7 '• I was not at the truck I.was taking.the '■ reef from the side, except when I waSj p ;j working at the Brig it Smile end. . The,.,,, oross-eut wa< about'sJ feet from'the" junction. For about a week I was taking !l out the leader at the tftight Smile end. I. was sent there by diaith._ I had finished the part near the junction, and then went to the Brigit Smile ood.. ■.•;.= There were three m >re. there. I was a mouth working in tne mine on wages. I was trucking when McDonald audi O'Connor wero measuring. MoDonald said, "Sinu, yon tell George that ninety feet. (or sixty feet)"' he is not to touoh. - He his been oroaohing now." I■di-l not hear them say anything about £ was working at the. Brig it Smile end both . ; 'before and afcer.,j'J?rom where I was i \ stoping on the Bright Smile end to the mark might be 30 or 49!eet. Soon after ,:,.;', the mirk wai put there all the nun were ',' f . knooked off., During the Jim* I,wa» working on the little lealer/i'sajv Mr MoDonald three or four times ia. the .i ••> mine. ,1 also saw the underground boss. .;.' On three or four occasions before the mark -V-;i was mada, these man saw me working at '■ ■••[ the! little leader. I was stoping benind "■ ? the' timbers oiioe when McDonald saw ;'■''; ma; lb was about a fortnight/after ;• Christmis that I begin to wort on the. ~''; little leader, ",' I worked on. that and truoked about a mont.hr. : iSmith sent ~ u , me to the Bright Smile end-.abo.uta fort- ,y night after Christina*, the:first.week after .«-.e • It was about three ■"' weeks after that'MoDonald madei.'thov-.'sX mark." jihad been, working on theliitle ■'''■'« leader • at ; '. the 'junction : '\-en'd' before • : \ McDonald-made the mark. That 'was ""':; not ohthe No.'l reef;" I am : workiog at, ":; the' Bright Smile. 'end' of : the 'little;" ;;' leader, and had taken out quwtz. T ' had beon driving- two "or throe '~ shifts.; before,-: the mark was 7 made;;','u MoDonald had never been up to ma there..: I was working on the little leader -: i° day after day before the mirk was made f )- by MoDonald. ; Sims, Barney, and others ••'•v were working with me. ■ The mark was ■ ■ •'; two sets of timber, about 9 feet, from the.' ■' ■" junction. loould not say what MoDonald meant by enoroachiog.—By ;Mr Tyler:.a The little leader is. not at-right-angles with No. 1. From the mark to the No. 1 drive would.be about 6 feet.—By Mr- : ; . : Hesketh: The cross-cut put into the little " ' leader drive would be useful in filling up.'. .-: old workings.-By the, Court :'• Tne mark..;.'-,:'■;...; was: on the No. 1 side. :■, . . • ,^ The case was then adjourned till the.. 14th of April. - .-■■ ..;.].; ' '■ ■■■' ■' - ;