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jHE CATHERINE lim UNITED FATALITY,uTHE INQUEST.A XT OF JUDGMENT BY MANAGEMENT,being “ hi,ragged” with a piece of iron. He also lescnftwUo wrtncs* the running away of the « » «!' ^ ftr conveyed to the surface andS,hCn^S° dowu lo UriuS Ql ‘M'Naughton'a ocMij. I here were uo particular instructionsTHE{KftOM ovn OWN ROUHBSrONDKST.IEa«i.ehawk( llitli June.The inquiry into the circumstances surtomiil-jng t)iu death of Marr M'NaugUton, the young mau 'ho «'oa killed in the Catherine Reef United mine on Tuesday lost, wns continued nt ilia Police Court by Mr. Leader, P.M., to-day.Inspector OTlaherly -as present on behalf of . the police, and Mr. \Y. H. Grainger represented t|„. Mining department.Kidnml Mcrrificld was re called in order to explain tlm duties of the Iruclieru and die hoss trucker. The boss truckor’hdiity was, lie said, to lake clmrge of the plat where he was working. The trucker's duty was to go to the shoot, fill thu trucka, and fetch them to the his? trucker at tho points near the shaft He gene:idly gave orders for two boys to go into the shoot to 111 I tha trucks and niHh them a short disUneo through Lho lerel. Tin* second points were about. 100 feet from the |,:'g •'turnout” towards the shoot-. After the trucks got started, one trucker leaves and cues hack. The other tracker continues with the full truck, and meets the empty one nt the points. The third trucker convoys the truck from the points to the big turn-out.” A fourth trucker receives them there, and conveys them between that place and tho points near the shaft,, where the boss trucker meets him and cages the trucks, There were only three boya nt the level that morning,whom witness ordered to fill the trucks snd bring them to the “ turn-out.”The truckers know their duty, andhad always given satisfaction, and he had never'hud occasion to tind fault. As ucar as he could say, the gradient of the drive would be about six'Judies from the *' turn-out” to the shaft, lie had never given any instructions about •‘chocking or blacking tho full tracks be cause lie hod never thought it would ho required. Witness could now see the necessity of it-. The way the full trucka were stoppedcoming down was by screwing I he wheels against the line, which wns done by giving tho truck a twist sideways against tlie line. He had seen this done ami him done so himself.To Mr. Grainger: It was Ward's duty on that morning to run the trucks from tho turn-out to the buss trucker. It would not be the duty uf any lioy to do this, as it must bo a reliable one in order that he could carry out tho boas trucker's duty in the latter'a absence. It would not bo the duty of either of the other three boys to do this. If the fourth boy and the bona trucker were both absent a man would lie scut- there from another place. Re hail seen the truckers place a stone in front of the truck wheel.To the P.M : It was the duty of the boss (.rocker to attend to thu bar across the shaft.To a juryman : He hud never asked a trucker to stop a truck by screwing it *20 feet from the big “turn out” in tho direotion of the shaft. He thought it would be quite possible for n boy to stop the full truck there by putting all his strength, ami heaving the truck against the line.To the P.M. : He hud Been a drill used for slopping n truck by mil ting it in the wharfs. Witness intended henceforth to adopt a system of stopping lha trucks at the “ turn-out” subject to the manager’s approval, lie intended to suggest an iron bar from one leg” to the Other, the truck to be pushed home” against it.To Inspector O’Flaliertv : The truck and dirt would weigh rather over half a ton.Nicholas Clymo, trucker at the mine, aged 18. deposed that he went down in the first cage on Tuesday last. Ho had orders to fill the trucks at No. 13 level, assisted by Warren ami Crnm-ri. Merrificld’s orders were, “ You boys go and fill tho trucks at the shoot, bring them tithe ‘turn-out' and leave them there until M'Nuughton comes up.” The same thing had been done before. Warren hud Uken'Lrucks down to the cage, but bad never caged them himself at this lovol. Ou Tuesday morning they filled three trucks. Witness brought out the first truck to the turu-ciiil,” and nut a piece of hoop-iron in front of onu wheel. Then went to the plat for two empty trucks, which were there, and pushed them to the small points near the shoot. Passing by the full truck hu moved the piece of hoop-iron by placing it in further, to allow liitn to pass with tho empty trucka. Left it accurc, there being about six inches of the iron projecting. He did not think toe other end reached the opposite wheel, as lie thought it sufficient to block one wheel. Thun wont back to the points. Warren had meanwhile brought his full truck la tho “turn-out, and it also was there when witness passed with tho empty ones. Warren’s truck, witness believed, wns “home to the first truck. He thought the piece of 'hoop-iron was sufficient to hold four trucks. Crnmeri was nt the small points with his full truck on the corner of which he was Bitting. Witness paaccd him nt the points and then took tho fall truck to the turn-out,1leaving Crntneri to return with the empty two. The third truck was close up lotlie other two when he left them to go back for Hie fourth truck. One of the other truck era met him with the latter at the jiinall point? and witness pushed it- before him towards tho “ turn-out,14 Before he got there lie heard a noise as if the trucks at tho “ turnout ” were moving. Stopped the truck he was pushing by twisting it. Tho third truck at the “ Iiirn-out” were stationary and the other two were coins. Could see the second truck bub not the lirat. Took the piece of hoop-iron and placing it uudcr the third truck; ho took the candle and went out towards the shaft to try and catch the? two bolting trucks. When begot to the curve between the big ''turnout ” and the shaft, lie found that the second truck had run off the lino. The other had kept its course and went south into the shaft. Did not see the truck reach the shaft, but when he got there he found that the bar had been carried away. Witness had placod the liar in its right place that morning. There was no way of stopping the trucks except by their own efforts by being behind und giving them a twist against the rail. The hoop-iron was tho first thing he laid hold of and he had used it before a few times. It- was not usual to have so many trucks at one time at tho turn-out,” hut on the morning of tho accident Ward was rather late, and that accounted for so many being there. Two of the trucks were generally taken out to the points. It had happened tlircc or four times before that three trucks had been left at the “turn-out.” Witness always took them there, the other two being at 1 lie shoot, 11s the)* were stronger boys than witness. lie had two or three times before used the same piece of hoop-iron. which hud always been there hamly. The trucks had never got away before.To Mr. Grainger : He had never received instructions ol any time from the underground hois 119 Lo the method of securing the trucks at the “ turn-out,” but acted on his own judgment. Had never ran a full truck out from the “ turn-out” t.o the shaft. The line from the small points to the “ turn-out” was not so steep us further ou, and lie could atop a truck there easily.To Inspector O'Flaherty : Could not say whether the manager had ever seen him use the piece of hoop-iron to stop the trucks,At thia atago an adjournment was tnado For lunch.On resuming, John Warren, another trucker, deposed that lie also weut down to work in the first cage. The evidence of Clymo was uor-rolioratcd except where ho said that witness had brought out the second truck. _ This, witness said whs incv.Tcct, as Cramori brought it from the small points to the “ turn-out. He was not at- the big 44 turn-out” that morning after going into the shoot in the first place, lie bad bran working at the mine as trucker shout four months. He .could stop a truck going down tho incline, by giving it a twist, with his own weight aud strength. He hud sometimes placed a atone under the wheel, but had never used the hoop-iron. Hail aeon it in the level, hut had never seen it used. Ho had seen pieces of hoop-iron used in other levels, and it had always previously stopped them. Ho had never known more tlwu one truck to be stopped at one time, and hid used it himself. They had no orders as to how the trucks should be stopped.To a juryman : The hoop-iron lind been there since before he came tlt;» work it the mine. It was used sometimes at tho points, where they have wooden ones,to place over the wood.James Crumeri, the other truck or, aged “bout IS.also corroborated the foregoing evidence, adding lint he loft, the accoml truck about six inches from tho first one at the “turn-out,” ami placed a small stoiiu in front «»f the wheel. The lies was so incline d that if he had put his truck 44 home” against the first oac it would have moved it away. Ho did nut. look to sre whether the hoop-iron'was under thu wheel of the first truck. Even had ho known tho piece of lmo|«-iron was there he would not have placed hn truck against the other, ult; he would have I teen afraid the iron would not have held them.^ Robert Goalee?, mining manager of I he Catherine Reef United Company, deposed that I lie decease*!, Man* M’Nanghtou, was in the employ of the- company ha plat man or hof-a-truekcr. When witness arrived nt the mine ho found a note from the afternoon shut, lioxs stating that five empty trucks had been sent to No. 13 level. This he read to Merri field, iui*l imtrnctcd him l ”11 the trucks and have them broughtto the 4‘ turn-out” whilst the men wore being lowered. At about 8 o'clock he received word of the accident and made nil arrangement? and went down tho shafu Saw Clymo at N‘- I'* nad said lo him, “How did this occur? Glvmo then explained to him that the three trucks bad bee* 1 brought to the 44 tprij-oi;t, the first onogiven to truckerinstructions, lie did for the accident, as had taken all thethe truck era except to the bos* Witness himself had given him nut blame any one ho believed they cate they thought wax required and hud not* diaobcved any orueia. They might have orred in judgment in not putting tho larger “chock orSprag before or between tho spokes wheels, seeing that llicro were four trucks to be brought to the 14 turn-out.” He would not approve of cinliuning the use of tho hoop-iron, as although the irou had been since proved to held two trucks, it would not hold throe. He thought it likely that the third struck the second, and if the latter were six inches away from the first, ns Cramori said, tho impetus would bo sufficient to move it over the iron. The inelina of the mils was about uue inch 111 12 feet, which would mean h total declin** of about two feet from the “ tnrn-ouL to the shaft.To Mr. Grainger: So far ns he knew nothing had been altered from the time of the accident lo the visit of the inspector. The trucks held half a ton of quart*.To Inspector O’Flnherty: Was not aware that tho truckers were using the hoop-irou for stopping the trucka. There was a good deal uf hoop-iron ul No. 13, however, aa tho rails Imd been' of wood formerly, with hoop-iron nailed to it.\V. H, Grainger, inspector of mines, deposed Hint After receiving notion of the accident, he went to the mine and visited the “turn-out” at No. 13 level. There witnessed an experiment with the hoop-iron on (he trucks, which resulted as the manager stated. He thought it n very unsafo way of stopping trucks. 1’ersouaUy, he had always used a large block of sLoim or a slab, and he had also scon drills used. On going to thu No. 16 level he found a broken truck, and nlso the iron bar which was knocked out uf the shaft. Ho believed it to be an error of judgment in not having properly secured the first truck.In summing up the evidence, Mr. Leader said that it wns now fur the jury to come to n decision as to bow tho do ;eascd'a death had been caused, und whether bbunc was attached to anyone or not; whether it was the result of n pure accident, or of culpable negligence. There were two kinds of negligence, that of commission and omission. He need not eny anything about negligence of Commission in the present case, und to show the jury the meaning of the term, he gave an instance of negligence of commission. If two boys went shooting with a rifle with a range of 1.U00 yards ami without giving proper notice of their presence, shot a man at 500 yards whilst they were firing at 100 yards range that would be uegligencc uf commission. The jury should tlccid® whether anything Imd been left undone. In' u colliery at home n man named Hughes was charged with manslaughter in allowing a truck to fall down a shaft wherehv 11 man was killed. Hughes’ duly wan to provide a staving to prevent- the truck, which contained bricks and mortar, from goiug down the shaft. Thia ho neglected to do and was charged with manslaughter, iu consequence of the omission of duty, whereby another was killed. It was shown to the jury that there was no positive instructions to those boys. The instructions were only given to tha boss trucker, and his discretion and judgment were relied upon in directing the other boys. It required that culpable negligence should be shown to siipjoi-t a charge of manslaughter. It was only necessary lo exercise reasonable caution. To bring the whole matter to a point—did tho boy Clymo und I be other boys use reasonably proper care in bringing the trucks in und out and in placing the lioop-iruu before them. Th«y should consider that the first truck was brought out by Clymo, the second by Cramori, and the third by Clymo It must be considered that one boy did not know what the other had done. In regard to the management, they must consider whether reasonable and proper care *nd judgment had been exercised in giving instructions to tho liays in reference to bringing the trucks from the shoot to the shaft, whether the boys were careless or the manager was careless in not having given the proper instructions. He asked them to decide one way or tho other as he could not. take any rider.The jury then retired, and after an abscucaof about 20 minutes returned with* the following verdictThat the deceased, Marr M'Nuugh-ton, was killed instantaneously by a truck falling dowu the shaft of the Catherine Reef United ClaiiiiholiUra' Gold Mining Company, at Ragle-hawk, 011 Tuesday, the 13th June, and that this occurred through want of judgment by the management in not giving proper instructions as to the working of tho incline from the shoot to the shaft, and in not providing safe means for securing the trucksal the “turn-ont” at No. 1.1 level: and wo attach no bhvnie to lho boya Clymo, Wm-reu and Crumeri.BEND WO SCHOOL OF MINES.A special meeting of tho adminiHlrativc council of the Bendigo bebool of Mines was held last evening to confer with Messrs. Brodribh, secretary of tho Education department, and Mr. Dennantj Science Inspector of the department, who visit-cd the district for the purpose. There were present—Dra. MacciUivraj (president), H. Boyd, O. Pen fold, Quick, Rev. J. Gnrlick, and Messrs. J. U. Abbott, R. Williams, J. Norlhcott, T. Scott, and A. Bayne. In speaking of the position of the school, Mr. Brodribb aaid it might be nosaiblo to amalgamate the Castlemaino and Bendigo schools, us far aa the toaohing staffs were concerned. For instance, he thought- that it might be possible that one teacher iu the Rendigo school might bo able to go to Castlemaine to teach a subject there, whilst a teacher from Castlemaine might bo nblo lo visit Bendigo for tho same purpose. That arrangement would, he pointed out, be fraught with advantages to both schools. He pointed out that in tho school there were several classes which did not pay expanses and lie instanced the engineering class, which coat £50 more than it returned, and iu other trado subjects which returned £35, the expenses were £100. Hoad vised tho council to look at the matter from a basinets poiub of view and to do away with those classes which at present were unprofitable, and he suggested Chut the teacher should bo given n percentage of the fees of the classes, though not sufficient to take away from the ravcnuo of the school. That would give the teacher a greater interest in the class and might induce an accession. Ho further surges ted that the council should consider the question of establishing classes in which women would have somo interest, such, for instance, as dress-cutting and cookery. Such classes were in force in connection with the Working Men's College, Melbourne, where they were very useful and very popular. There was also plumbing, which wns not included in the Schools curriculum, and in Mclbourno at present elementary carpcntcry was being taught. This was obtaining fair support, und was fostering tho youths’ interest in tho work, and at the same lime leaching them to bo handy. In such subject? the Government was prepared to give a grant for materials ranging from 10s to 12s for each student. He suggested fiirLher that the council should mako a claim upon the Government for the new apparatus and furniture put into lho recently erected building. On such apparatus the Government allowed £2 for £1, und that would amount to a good sum.Mr. Donnimt pointed out that the school hud under-estimated tho amount to be received from the Governinout in ronpeet nf studentspassing examination,*, anti he instanced the metallurgical classes on evidence of this. In that class only £4 wns set down us probublo earnings, whereas £30 wan possible *obc earned.Mr. Thompson pointed out that the estimate was'bused upon the results of the previous year's examinations.Mr. Dennnnt thought tho view taken was, nevertheless, unnecessarily black.Dr. Quick inquired of Mr. Brodribb how tho council was to pay its way without u grant. *Mr. Brodribb referred to his suggestion rs lo claiming 011 the new apparatus, and pointed out that it would he necessary to pay teachers by results instead of, as at present, \ fixed salary.Mr. Abbott moved a vote of thanks to Mcaara. Brodribb and Dormant for their attendance, and iu doing so said lie was sure those gen tinmen were in sympathy with the council in it? endeavors to carry on the school. They desired to serve the eouucil, and many uf the suggestions made could be noted upon.Me.13.ra* Brodribb and Dei maul responded, and the meeting closed.Il whs understood that a claim would be mudo upon the Government as suggested liy Mr. Brodribb, fora grant in respect of thu fittings and appliances in the new portion of the building, ami an soon a reply is received from (he .Minister another meeting will bo hold to consider further action.WHAT ONE OUGHT TO KNOW.Pears' Soap is fragrant, refreshing, and eootkinc.—aiwt.1 . . . .GTnjt.-.v v Arcor.vr. -Is your money locked up? Nowr mind, it will be all right in a few days and Merer*. Hvuderion und (•«' h-v?on am willing to wait Just have alwkatthcir advertisement m tli • lira page, wln-rs they quote Furniture price*; you will find th“ quotations niilex bolow cub pr:c\i, io you need not gr ievo at not having tiio toady iu.it at the present moment.—fA»»vtJBUAVJIII'fniMMLN-os.—Loncl in and Tumor bog to ml rm dresjinak-rp and others that they Iuivq juit opm'.-d some scarce lines in dress trimmings, including beaver in -all widths and tho fadiionnblo diamond military braid, all color* in Astracban trimming, and a very largo assortment of silk and funcv gimp. We Ir.vo some vc-rv chnico goods in fur rape* aud boas (including Russian wolf and racoon). Our stock of jackets is now fully mwort^d. Urn pric-r* being lu»» tlvm thoia ruling in tli 1 city, is Our v pvvtOH Wi considerably leaP.—f*lVT.JTHE PEOPLE'S CLOTHIER.j. T. Hill, Pall Mall, tho ebeap?rl houao in th oleny for winter outfit*.-{advt,}
Newspaper Details
Bendigo Advertiser
Bendigo, Victoria, AU
Sat, Jun 17, 1893
Page 5
Full Page
Clipped by
Anonymous
GB 10 Jun 2021
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