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23. Whatever theory is considered, serious difficulties, which I have fully dwelt on, present themselves, but if it was necessary to decide between a theory which rejected, and a theory which accepted the shot as the cause of the explosion, I think that the decision would be in favour of the latter. For when an unusual event such as an explosion takes place, and when the firing of a shot (in that pit also very unusual) is admitted to have closely preceded it, men's minds properly have a tendency, when other things are equal, to lean to that which is palpable and proximate in preference to that which is speculative and remote. Such a tendency doubtless influenced the jury, to whose verdict, regard being had to the practical experience of many of its members of coal mines, weight out to be attached..

24. A breach of the rules in respect to the daily adjustment and register of the indications of the barometer at hank was proved to have been committed, there being no barometer at bank in a conspicuous place, and no barometer or thermometer at all in the West Pit. But it was established that six of such instruments were kept in the immediate vicinity of that pit, and the breach does not appear to me more than a technical one. The shot fired by the Browns, and immediately authorised by the certificated manager, was in a place the return air from which passed places in actual course of working, the men ordinarily employed in the mine being then present.

In my opinion to fire a shot at such a place was a breach of General Rule 8 subsection 2. of Coal Mines Regulation Act, 1872, and having regard to the extreme importance of a strict enforcement of this rule, I have no course but to submit for the consideration of the Secretary of State that proceedings be taken against Mr. Palmer and Mr. Morland for breach of that rule. By section 63 of the Coal Mines Regulation Act it is provided that any information or complaint in pursuance of the Act must be laid within three months from the time when the matter of such information or complaint respectively arose.

ALFRED LYTTELTON.

3, Paper Buildings, Temple.