Tweet

The collier who had worked at the spot on the shift immediately before the accident was also examined as a witness. The evidence of every witness was to the same effect, namely, that the coal face was perfectly bright and free from damp, and showed no signs from which it could be inferred that the new workings were approaching old workings or water. It was further proved that an examination of the surface showed no signs of the old workings of the Elizabeth Pit having been carried beyond the spot shown on the old plan. That spot was 376 yards from the point of holing. In my opinion no human being knew or could have known, except by boring, that the old Elizabeth Pit plan was inaccurate. The officials of the Margaret Pit believed that there were 376 yards of virgin ground or unworked coal between them and the old workings, and the question is whether they were culpably negligent in not boring in advance of the workings. The Mines Regulation Act, 1872, Section 51, General Rule 9, enacts that "where a place if likely to contain a dangerous accumulation of water, the working approaching such place shall not exceed eight feet in width, and there shall be constantly kept at sufficient distance, not being less than five yards in advance, at least one bore-hole near the centre of the working, and sufficient flank bore-holes on each side." Considerable difficulty arises as to the meaning of the word "approaching;" as used in this rule. If it is to be construed as meaning "getting nearer to" a colliery proprietor might have to bore for miles. If it is to be construed as meaning "getting so near as to render an accident not improbable," the question arises whether there was negligence on the part of the officials in question in not boring, knowing, as they undoubtedly did, that they were within 376 yards of a place likely to contain water. Evidence was given at the inquest that 50 yards of unworked coal would be a perfectly safe barrier against the influx of water, and it was also proved that to make perfectly safe the officials had determined to begin boring when 200 yards off the old workings as shown on the old plan. After giving due consideration to all the circumstances of the case I must say that in my opinion no negligence can attributed to the officials of the Margaret Pit. I annex a copy of the verdict returned by the jury. I may add that the "old workings" coloured blue on the plan show the old workings of the Elizabeth Pit, as far as they have been explored since the accident.

I am, &c.

(Signed) Alexander Young

The Right Hon. Sir Richard A. Cross, M.P.,

Her Majesty's Secretary of State for the Home Department

We find that George Jervis and others met their deaths by certain noxious gas arising from the old workings of the Elizabeth Pit, by holing into such workings at No. 6 Gateway which caused an outburst of gas and water. Such holing was due to the inaccuracy of the old plan of the Elizabeth Pit. We attach no blame to anyone engaged in working the Margaret Pit.