WARDEN'S COURT.

Thames Star, Volume XII, Issue 3946, 22 August 1881, Page 2

WARDEN'S COURT.

THIS DAY,

(Before H. Keririck, Esq., Warden.) HEABN AND OTHEES V. W. S. OEEENVJLLE,

Before this case was proceeded with, Mr Wm. Rowe asked permission to correct a statement made by him in his evidence on Friday, with regard to the time of stopping in the Moanatairi mine on Saturday nights. He now fouud that the time was four o'clock p.m. instead of eleven.

Kobt. Comer, late manager of the Moanatairi mine, deposed that on an average from 75 to 80 men were employed in the mine. When he took charge the men stopped work at four o'clock p.m. on Saturday afternoons. The time was afterwards altered to seven p.m. two years ago. As a rule the tributers did not work on Saturday afternoons, and when they did they knocked off at the same time ao the company's men. So far as he knew, it was the custom for Saturday afternoon shifts to knock off at seven p.m.

By Mr Brassey—As a rule the tributers in the. Moanatairi were their own

masters

By the Court—For the last eight or ten years he had not known any mine to work up to ten p m. on Saturdays. Wm. Deeble deposed that he had been a miner for seven or eigbt years. He knew the timbering in the Hape Creek mine. It was well put up, and was quite safe. He did not know of any portion of their ground which should have been timbered and was not. Ihe ground in the mine was very hard. He had visited the mine that morning, and was not able to find a single piece of timber that was bending from the weight. He considered that the mine had been worked in a thoroughly practical manner. The ladder way put in by the tributers was safe and commodious, while the one proposed to be put in by the defendant would have blocked up the whim shaft, and prevented them working. They always paid B|en— for ja full shift oil Saturday. They had employed more than the stipulated number of men, and therefore extra Work bad been done.

James Wilson deposed that defendant complained about the timbering about a fortnight before the flood. Witness asked defendant to show him (witness) where the defects were, and they would be remedied. Mr Rowe, who was with defendant, said everything was wrong, but did not point out the places. Witness then referred him to Mr Hearn. He had done most of the timbering at the bottom level, and was very particular in putting it in. He had been ia the mine that morning, and all the timber was quite safe. The timbering in the rest of the mine was well done. By Mr Brassey—They had not put any centre pieces in the underlay shaft since Mr Greenville complained of it. The shaft was about 12 feet wide, and the sets of timber were about 12 inches through. He considered eight hours per day and four on Saturday full time. To the Court—The only porKou of the ground which they had not timbered (except the crosscut which did not need it) was that where they were working, and they could not timber that until they had shot the ground out. Richard Bawden, a miner, deposed that he knew the Hape Creek mine, and had worked at timbering the underlay shaft, which was Bft clear wide. The timber was sound, quite strong enough, and was put in properly. He had seen it this morning and it was quite safe then. One set had bent a little since the flood. Hugh Hill and Nathanial Eowe also gave evidence as to the safety of the timbering in the mine. The Court was then adjourned till two o'clock.

On resuming, Mr Brassey called as a witness for the defence -

Mr J. M. McLaren, who deposed that in February he had given instruction for the erection of a permanent ladderway in the Hape Creek mine engine shaft, but had afterwards suggested that the whim shaft be used instead. He had received a letter from the defendant stating that the tributers had prevented him from erecting the ladderway, and had erected one themselves. He had not been in the mine for some time, and had not seen either the laddersvay put up by defendant or that put up by the tributers. Defendant was then put into the box, and deposed that he visited the mine last Saturday, and found that his instructions bad not tieen complied with. Mr Eraasey then addressed the Court, in defence, at some length. Mr Miller then replied at length on behalf of the complainants.

His Worship held that the tributers had not broken the agreement as alleged by IVir Greenville, and that he had therefore no legal grounds for re entry. The question of damages would require very serious consideration, and he should therefore reserve judgment on that point until Friday.