a—l 4.

160

[J. MCGILL.

62. How many times have you known the presence of gas there : when you have not cleared it out somebody else has ? —I only know when I have cleared it —five times. 63. Have those been cases where the gas has bled out of the coal ? —Yes. 64. Not from a fall, but from bleeding ? —All from falls. 65. And then bleeding afterwards ? —Yes. 66. Have you seen gas in the face where men are working ?—Never in Ralph's. 67. In the Extended Mine ? —I was never in the Extended. 68. Have you ever seen a gas-accumulation where a bore has been made ?—Yes. 69. Have you seen cases where the men have been able to light up the accumulation of gas when a bore has been made and left for a time ? —Yes, very often; but not in Ralph's. 70. Where, then ?— Millerton. 71. You know Molesworth ?—Yes. 72. He told us that on one occasion they bored a hole and left it to go for crib, and when they returned he lit the gas with his lamp ? —I quite believe that. 73. How many times have you known of men being burned in Ralph's ? —Once. 74. Who ?—Kelly. 75. That was on the 9th July ? —I would not be certain of the date. 76. That was just prior to the accident ? —Yes. 77. Was he badly burned ?—I did not see him. Ido not think so —he was only a few days of! work. 78. Do you know whether he had been burned previously ? —Not to my knowledge. 79. Were you down the mine the morning of the explosion ?—No. 80. Then you know nothing of the conditions of the travelling-roads on the morning of the explosion ?—No. 81. Do you think Martin entered by the door into No. 6 bord, or some other way ? —He went by the door : I am sure of it, because my lad was one of the three who were going to meet him. 82. Did your lad go down that morning ?—Yes. 83. If the door had been locked that morning Martin could not have been killed ?—Well, I will not say anything about that. 84. You are on your oath : is that not so ?—Yes, it is so. 85. Mr. Tunks.] Is that door used much ?—lt is used a lot. This little dip section was knocked off during the strike, and everything was left in it. There was no provision for getting anything out. That was what caused the rails to be left there. There is a long dip that a horse would have to pull them up. 86. I understand that up to the time of the strike that part was being worked ? —Yes. 87. And then that door would be used continually ? —There was no door then : it was not there then. 88. How long ago was it holed through ?—About six months ago. 89. And since then has that door been used regularly ? —Yes. 90. And frequently ? —Yes. 91. In order to get out rails and various other things ? —All the working material came through that door. 92. To whom did you make the statement of your evidence at the inquest : who took your evidence before you went before the Coroner as a witness ? —Detective Cooney. 93. You did not see me before the inquest ? —No ; nor since, till to-day.

COUNSEL'S ADDRESSES. No. I.—Me. Napier. Mr. Napier : Mr. Chairman and Gentlemen, —This inquiry is one the importance of which I think cannot be exaggerated, and I feel sure that upon the results of your deliberations may largely depend the future safe and successful working of the mining industry in New Zealand. I desire to express my sense of the fairness with which the inquiry has been conducted by the Commission, and I have no doubt but that in its subsequent deliberations that fairness, judicial attitude, and impartiality to all the interests represented will be continued. Now, gentlemen, the questions submitted to you by His Excellency the Governor I have shortly summarized, and I propose to very briefly refer to the evidence which has been adduced at the inquiry in so far as it applies to each of these questions. It will be impossible, of course, in the short time at my disposal to do justice to the evidence or to exhaustively consider the details of each point, and therefore I do not propose to do so ; but I shall endeavour to submit a short and accurate sketch of the evidence which each important witness has given. The first question is as to the place and nature of the accident; secondly, how the accident was caused : thirdly, what lights were used ; fourthly, were the provisions of the Coal-mines Act, 1908, and the general rules, the special rules, and additional rules made in accordance with the provisions of that Act complied with, with special reference to — (a) ventilation and lighting, (6) the examination of the mine, (c) the character of the explosives used, (d) the withdrawal of workmen in case of danger, and (c) the means of escape in case of accident; fifthly, the nature and character of the working and general management of the mine ; sixthly, the efficiency of the inspection of the mine by— (a) the Inspector of Mines for the district, and (b) the workmen's inspectors ; seventhly, suggestions for the prevention of accidents and for the safe working of the mines in the future ; eighthly, is the existing law sufficient to give the Inspector of Mines power to order safety-lamps and other appliances