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I am a master shifter in the Brockwell seam of Tudhoe Colliery. I have been master shifter for two years. On 17th April last, I went down the pit at 10 o'clock at night and I examined the Sunderland Bridge and the Coldstream districts. This was all I did that night. I have a cabin 100 yards from the shaft, between the cabin and the pit mouth. I was standing in my cabin ready to lift my lamp up when the blast struck the cabin end. I rushed out of the cabin and went towards the shaft, but I did not get very far till I lost my senses, and I was afterwards picked up.

(The Coroner.) What time do you think the explosion occurred? — Between 20 minutes and half past one o'clock.

(Mr. Edge.) Is this all the explanation of the occurrence that you can give? — It is, sir, I cannot give any further account.

Did you see any trace of gas in the pit that night? — Not a bit.

I believe you were burnt yourself? — I was burnt about the legs and arms, but they are better now. I was picked up between the cabin and the shaft, but I cannot say where.

(Mr. Bowey to the Coroner.) I think, sir, we had better pursue some definite course as to examining the witness. You had better examine him first and then I shall put any questions that I think right.

(The Coroner.) I shall examine in the first instance, and then I will apply to you or the other legal gentlemen on each side. Mr. Morley may question at any time.

(Mr. Morley.) I should rather have the last word. I do not want to put any questions till everyone else is done.

(Mr. Marshall to witness.) Do you know whether there were any shots fired that night. Was it necessary to fire shots the time you were in? — Yes, sir, I had two men or four men on as far as I can learn, but I cannot tell whether any shots were fired or not.

Would they be firing shots? — Caldwell and Faulkner were there to fire shots.

(Mr. Edge.) There was a shot fired. I admit that it was fired here (pointing to plan).

(Mr. Marshall.) How far were you off when the shot was fired? — I was between 300 and 400 yards ; I cannot tell, exactly.

Had the coal dust been damped that day? — No, sir, I cannot tell whether anything of the sort had been done or not.

You are the master shifter, and you do not know whether any means had been taken to lay the coal dust. Is that so? — They generally do it during the nights. I was not in during the day.

Was the air sluggish or brisk? — It was rather sluggish.

And the barometer, was it low? — Yes, the barometer was low.

(Mr. Bowey.) You speak of examining this Sunderland Bridge way? — Yes, sir.

How far along? — In by the intake right away from the shafts, and then the landing past the Coldstream way, and I examined the Coldstream way as well, right in-bye.

Did you find any trace of gas? — No trace of gas.

What shot firing was there? — Only one that night. There were other two men who should have been on firing, but they did not get fired.

At what time would this shot be fired? — The men had not fired when I came out, and I came out a few minutes before one o'clock.

And at that time the shot was not fired? — It had not been fired then, sir.

In an ordinary course what time would it be fired? — I do not know.

It was a stone shot? — Yes.

And the exact spot was beside the doors? — In the Sunderland Bridge way between two hitches.

How near the doors which communicate with the return, between the intake and the return? — About six yards as near as I can tell, six yards from the doors.

What is the distance between the intake and the return where these doors were? — I have never measured it, may be 12 or 14 yards.

Where do you reckon the six yards from? — From where they were drilling the hole to the first door.

This was close to the main way? — Yes, close to it.

In fact on it? — Yes, on it.

What was the first indication you had of the explosion. You say you felt something come against the cabin? — Yes, it struck against the cabin end.

(The Coroner.) You say it. What do you mean by it?

(Witness.) The blast on the force of air.

(Mr. Bowey.) You say the blast struck the end of the cabin. Which end? — The in-bye end, sir.

(Mr. Bell.) I will get Mr. Johnson to mark the stable and the cabin on this plan, and then it can be copied on the others. (Mr. Bell here handed the plan to Mr. Johnson.)

(Mr. Edge.) He might also get the engine house and the engines marked on the plan.

(Mr. Bell.) Yes, he can put the engines on at the same time.

(Mr. Bowey.) You say you examined for gas that night? — Yes.

How did you examine? — I generally go round and examine with my lamp.

Do not tell us what you generally do. I want to know what you did? — I generally go round, and I generally put my lamp down to see if there is any gas.

I do not want to know what you generally do. Will you please state what you did that night? — Well, of course, I took my lamp.

How did you examine? — I went along the headways and examined on going along. I put my lamp down, and looked to see where the gas was.

All along the face? — Not all along.

You put up your lamp? — Yes.

You are quite sure of that? — Yes, and I saw no signs of gas.

Does the shot firing take place under your charge? — They are my men.

What are the rules you observe as to shot firing? — There are to be no shots fired anywhere near where there is gas.

You say you have charge of the men who fired the shot. What are the precautions you take in shot firing? — They generally????????

Never mind what they generally do. You have spoken about a particular shot. Did you give any instructions about this shot? — No, sir ; I was not there when they fired this shot.

Who did give instructions about that shot that night? — I set the men to work.

But did you give them instructions what to do? — No, sir.

Who did? — They were practical men and they were licensed to fire shots.

You say you give them no instructions or orders about shot firing? — No, sir, none.

And in point of fact they had none? — They are practical men and they do what I tell them. As to firing shots I had nothing to do with them.

Do you know the rules? — Yes.

Have you a copy? — I have not got a copy, sir.

Do you know any rules of shot firing in the colliery? — Well, I know there are no shots to be fired anywhere near where there is gas.

Do you know any rules as to shot firing in the colliery. Have you ever read them? — Well there are rules about it.

Excuse me asking you the question, but can you read? — Well, very little, sir ; I am not much of a reader.

You have never read the rules? — Oh, yes, I can read, and I have read the master shifter's rules.

Have you anything to do with the shot firing? — Well of course they are my men that fire shots.

And they act under your orders? — Yes, but they are practical men.

Then it comes to this, you never gave any orders? — I never gave any orders that night. I tell them they have to be very particular, and I go and examine myself.

Did you examine on this particular night? — Not that night, sir.

Do you make any difference as to shot firing, whether it is in-bye or out-bye of a caution board? — We make no difference. If there is any danger anywhere we do not fire.

And you observe the same practice whether the shot is fired outside or in-bye? — We are generally more particular on the in-bye side. We generally consider it safer out-bye.

What difference do you make? — We make no difference.

What difference do you make in your practice as to shot firing in-bye and outside the caution board? — Well. Sir, it is just here, it is very little that I examine outside the caution board.

What do you do on the inside? — If there is any danger we examine it very particularly. I consider there is danger in-bye, but I consider there is none out.

When you find there is any danger you are very careful? — Yes, and we consider there is any danger we prevent it.

That is if you find it out? — I generally charge my men to look after gas when I am not there.

Have you read the rules as to the duties of the master shifter? Have you received any instructions from anyone in charge of the mine with regard to shot firing? — No instructions.

Have you had from anyone any instructions with regard to shot firing? — No, sir, I have not.

Have you read any of the rules except the rules which relate to the master shifter? — These are generally the rules I read, sir.

Have you read any others? — No, sir.

Now you speak of examining the whole of the Sunderland Bridge Way as far as the landing. Where did you commence to examine? — I started from the shaft and examined right away in. I generally????????

What did you do? — I generally examine??????

Oh please do not say what you generally do. Say what you did that night. — I examined it.

How did you examine it? — I generally have nothing but the lamp to examine with.

Did you examine with the lamp? — Yes, sir, I did.

For gas? — For gas where I suspected??????

You examined all along? — Yes, from the engine plane in-bye. Of course not in the Coldstream, for I was further in.

How is it you did not examine this place where the shot was to be fired? — Where the shot was to be fired is just as safe as where we are now standing, sir.

But it was your duty to examine it? — But two men were there.

As a matter of fact you did not examine it? — I examined the engine plane and two men were working there.

Why did you not examine the place where this shot was to be fired? — Because there was no necessity.

Is it not necessary to examine between the doors and the engine plane, between the intake and the return? — The fresh air is generally pulling in there.

Ought you not to have examined that door and in the neighbourhood where this shot was fired? — Well, sir, I did not do it.

Is there any lofting along this intake? — Yes, sir, in two places.

Where? — One is near the shaft where there has been a heavy fall some time or other, and the other is down at the bottom of the Sunderland Bridge Bank, may be 100 yards from where these men were working, Coldwell and Faulkner, where the shot was fired.

Of course you examined these lofting places? — Yes, I examined the loftings.

That night? — Yes, sir, I did.

Put your lamp up? — Yes, sir.

You did not see the doors that night? — No, sir ; not the doors where the men were working.

Where were the men putting the stone that they blasted? — The stone was to come to bank if they got any, but they did not get any.

(Mr. Bell.) These men had lamps there that night? — Yes, sir, they had lamps.

Who used to examine them? — One of them had a license to carry a key.

Which of them? — I believe it was Faulkner.

(Mr. Edge.) As a matter of fact they were both licensed to carry keys.

(Mr. Bell to witness.) Do you know that these men were authorised to carry keys? — Yes, sir, I knew that Faulkner carried a key.

Have you any special shot firing rules beyond this copy? — I have not got them.

Are there any? — I think not.

Where is this second lofting? — It is on this side of the Shieldfield way.

How often did you examine it? — Sometimes three times a week, just as I examined the engine plane. I cannot be there every night.

Does no one examine it besides yourself? — Well, I have never inquired. I generally look after my own.

Have you ever found gas upon these loftings? — No, sir, never.

Between the separation doors would there not be a possibility of gas coming between the two? — No, sir.

The air was sluggish you say? — Yes ; but such a thing as gas cannot stand there.

Were the doors locked? — Yes.

What would the effect be, to break down the doors? — No.

Suppose they broke? — They could not, sir, it is six yards between the door and the place where they fired. I have never measured it, but I think it would be about six yards. It is a disputed point whether a shot was ever fired or not.

Where was the other shot to be fired? — In the Shieldfield way.

Where abouts ; it is rather wide? — We just started a kench right away in the Shieldfield way down the hitch.

Was it at the bottom of the hitch, down the drift? — Yes.

Did you give the men instructions? — I set the men to fire the shot.

Had you been round to see the place? — Not that night.

Who were these men? — William Thomas and William Lambton.

Had the kench not been carried in? — Yes, it had been carried in.

Were they going to stove in the workings? — Yes, they were going to break in two pillars to work in-bye.

They fire their own shots? — Yes, sir.

And they are licensed to carry keys? — Yes, sir.

How many men had you in the mine that night? — 20, sir.

Are they all licensed to carry keys? — No, sir.

How many of them are? — I do not know, sir.

You ought to know, you were in charge? — Our master generally gives them licenses.

But did not these men tell you whether they were licensed or not? — They generally inquire of me first, and then they go to Mr. Johnson for license.

(Mr. Morley.) These two men, Lambton and Thomas, had licenses? — Yes, sir.

You know they had? — Yes, sir, one of them had, but I cannot tell which of them.

You say that shot in the Shieldfield way was not fired? — No, sir.

(Mr. Bell.) How do you know that?

(Witness.) I have not been there, but I have heard so.

(Mr. Morley.) Has the shot been examined since? — No, sir, I have never been in the pit since the explosion.

What time would it have been fired in the ordinary way? — I cannot tell. The men were drilling when I came out.

What time was it when you came away? — About one o'clock.

You were on your way to the cabin when the explosion took place? — Yes, I was going to get my "bait".

How long was it from the time you passed them drilling that the explosion took place? — It would be about a quarter past one o'clock.

How long after the time you passed them? — I cannot say.

Would it be half an hour? — It would be less than half an hour.

From the condition the work was in, do you consider they could have got the shot prepared and ready to fire? — Well, sir, I cannot say.

When did you last examine this part of the colliery? — On the night of the 17th April, sir.

This was the day before the explosion. When was the time before that on which you made an examination? — It has slipped my memory. It will appear in the book.

Did you notice gas about there? — No, sir, never.

Have you ever seen gas in these workings? — Well, I have seen gas in the goaf juds.

Did you make a report about it? — When I found gas I generally tried to remove it.

Did you make a report in the book? — If I can shift it I do so. I have at times found it in the workings.

When you did so did you report it? — I generally spoke to the master about it.

(The Coroner.) Have you ever known of any explosion before this? — I have been in several bits of fires, but never one like this.

You mean slight explosions? — Yes ; one man getting burnt or may be two.

(Mr. Morley.) Was that in this seam? — No, sir, I have never witnessed anything of this sort here.

(Mr. Bell.) Did you cause it to be reported in your book, whether you removed the gas or not? — I generally make a practice of removing it. I cannot say that I ever put it in the book.

(Mr. Morley.) Do not you know that after making the investigation that you should make a report of what you find? — I generally report to the master or the overmen, or the underviewer, or any one of these men.

Then you did not make a report in the book? — No, sir.

Can you write? — No, sir, I cannot.

(Mr. Edge.) The two men who were drilling a hole in the Stenton, Coldwell and the other, were they practical men? — They were good practical men. As good men as were on the colliery.

And they were practical men to see if the shot was fit to be fired? — Yes, sir, they were. They had had a lot of experience.

About how far back into the Stenton from the edge of the main rolley way were they drilling the hole? — About two yards, or somewhere near abouts. I am only guessing at it. The drill hole was two yards from the rolley way.

They were not drilling the hole into the main intake? — No, sir, it was about two yards off.

Have you ever seen gas in that neighbourhood? — No, sir, I have not.

You see this dipper (pointing to the plan). There is a dyke marked on the Shieldfield way, where Lambton and Thomas were? — Yes.

They were found coming out? — Yes, they died from the effects of after-damp.

You said you examined that place. Is there any place to hold gas there? — Very little. Nothing to keep it there. I have never seen any symptoms of gas there.

This lofting was in-bye? — Yes, sir, about 100 yards, the way I look at it.

(Mr. Morley here asked for the report books.)

(Mr. Edge handing the books.) Let us have them back again, the same as we had at Trimdon. A man there had charge of the books and he would scarcely let me even look at one.

(Mr. Bell.) The books need not be removed from the table.

(Mr. Morley.) Whose writing is this, Mr. Rivers? — My son generally writes for me.

When is the report entered in the books? — It is generally entered in the books the next day.

(A juror here complained that he could not hear anything the witness said.)

(Mr. Morley.) You must speak up so that everyone can hear you. You have found gas in the workings. When you found it did you invariably make an entry in the book? — No, sir.

You did not? — No, sir.

Do not you know there is this question in the book, "Have you met with any gas. If so, where, and what steps have you taken to remove it?" Do not you know it is your duty to answer these questions? — I have generally tried to shift it, and I have mentioned it to the men.

You have not made any report in the book? — No, sir.

Do you know that these questions are in the report book? — Yes, sir, I think I have seen them, but I have never written anything opposite these questions.

(Mr. Bowey.) I think you have said before that you did not consider this a dangerous place to fire shots? — No, sir, I did not consider it a dangerous place.

Between the shaft and the place where the shots were fired, there are three dips or troubles, are there not, one dipper, north, 26 ft., and the other 12 ft.? — Yes, there are.

And then just at the junction of the Shieldfield Way there is a rising of 16 feet? — Yes, sir, there is.

And these doors are between these troubles and this rising?

(Witness.) Yes.

Do not you think this is a dangerous place? — No, sir, it is not dangerous.

Do not you think there will be gas there? — No, sir, I have never seen any.

(Mr. Edge.) Have you ever seen gas there? — No, sir.

As regards dust, is it dry? — Yes, it is very dry, but they generally water it during the day.

How often is it watered? — I do not know. I have nothing to do with that.

Do they generally water it at night or day? — During the day time.

How is it watered? — They have a water tub with holes in, and they run it down the sets. Sometimes they have a pony.

Then the rolley way is watered? — Yes, they take the tub where they think the water is required.

(Mr. Bowey.) Is there not some timber in this way? — Yes, a good deal of timber.

How is it watered? — The timber is not watered.

And what is watered is simply the rolley way? — Yes.

Just the surface of it? — Yes.

There will be a large quantity of dust lying on the timber? — Well, yes, there is in parts.

How often is it cleared away? — I cannot tell.

Once a month or once in three months? — I cannot tell.

Is there any regular time to clear it away? — I cannot tell, it does not belong to me.

Did you ever know it cleared away? — Oh, yes, I have seen the dust cleaned out at times.

Have you ever seen the dust cleared off the timber? — On, no, if it gets on the timber it hangs there.

(Mr. Edge.) Was there any timber where the shot was fired except the doors of the stenton? — Yes, there was the cross bar and three balks upon it. I do not ask you anything more.

(A Juror.) Mr. Rivers is holding a responsible post, and in answering the questions that have been put he seems to equivocate far too much.??????? not think he is doing his duty neither to those who are employing him, nor to the men who work with him. I think he ought to be more pointed. As regards this place where this hole was drilled, I understand that there were three doors, and I want to know what they were put there for.

(Mr. Edge.) There is only one door, a double door, but this will be explained to you afterwards.

(Mr. Bell.) It is one pair of doors.

(The Juror.) I do not understand anything about a pit, but I want to know what they put doors on for.

(Mr. Edge.) It is to drive the air along the pit. It is to take the ventilation into the proper part of the pit.

(Mr. Bowey.) It is for safety.

(Mr. Edge.) If there was no door the air would get into another part of the pit, but this will be explained to your satisfaction.

(Another Juror.) It is generally the custom to have one man in charge to conduct the firing of the shots.

(Mr. Bowey.) Who has charge of these keys? — Well, sir, I cannot tell who has charge of them.

Who gives out these keys? — They generally get the license from Mr. Johnson, and then they go to the lamp man for the keys.

(Mr. Edge.) Mr. Marshall, I will call Sutton next, but I do not know what his evidence will be.

(Mr. Marshall.) Very well.

(Mr. Johnson.) Sutton is still very ill.

(Mr. Edge.) Then I will call Mutton.

(Mr. Johnson.) He is not here either.

(The Coroner.) If we have not one witness here why cannot we go on with another.

(Mr. Edge.) Are none of these men here.

(Mr. Johnson.) I have sent for them.

(Mr. Edge.) In the meantime I will call some of the overmen who were in the different districts in the pit before the explosion occurred.