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Tobacco, Pipes, Matches, Caution Boards. — Precautions were taken to prevent the introduction of tobacco pipes and matches into the pit by placing a notice at the pit-head informing the workmen that tobacco pipes and matches must not be taken beyond that point. But some considerable distance inbye along the main intake a similarly worded notice was placed which detracted from the value of the notice placed at the surface.*

Safety Lamps. — Locked safety lamps of the Ackroyd and Best Shielded Clanny type, having a single gauze, were used by the workmen throughout the mine. These were locked at the surface and re-examined by the deputies at the "lock-shop." The pit eye was lighted by eight open lamps and there was another one about 200 yards inbye.

The safety lamps of the type named had been in use for from five to six years . The oil used was mineral colza, with a flash point of about 250° F. The locking device was that known as the magnetic lock, the simple screwing together of the top and the bottom together locked the lamp, but to unlock it a magnet was necessary. When lamps were extinguished they were carried by a lad to the "friction-gear" station, and there relighted by an authorized person — this place being designated "the lock-shop." The lads who carried the lamps were known as lamp carriers. The lamps were all numbered, the number being engraved on the lamp ; each person on arriving at the lamp cabin on the surface called out his number, and he then received the lamp bearing the number called out. A list with the names of the respective workmen and their numbers was kept in a book, but the lamp-man did not note which lamp had been given out and which returned. No proper record was kept, and it was impossible to determine with certainty the number of persons down the pit. A man might give in a false number, there was no check on that. When a lamp needed repair, the man using the lamp was, for the time it was under repair, given a spare lamp, but as no record was kept of spare lamps given out or to whom they were given ; the lamp-man stated (in examination by Mr. Richards) that he did not think he would be able to say who had the spare lamps. At the time of the disaster eight workmen had lamps of the numbers of which no record had been kept. It is a simple matter to arrange a proper system of lamp delivery and return, so that, in the event of accident, the exact number of persons below ground can be determined. Such an arrangement is in operation at up-to-date collieries. Neither was a record kept of damaged lamps, e.g., injuries to gauzes or broken glasses.

Occurrence of gas and withdrawal of workmen. General Rules 4 and 7. — The number of separate occasions on which the occurrences of gas in the workings was reported by the officials is given in the list in Appendix C. When a place was stopped for gas the time at which it was stopped and the time at which it was restarted was not recorded, nor is it possible to discern from the reports whether anyone was withdrawn from a place on account of gas or other danger. The only entries of gas occurrences were those in the daily reports of deputies and overmen, all of which reports are contained in a single volume or official Report Book. No "withdrawal" book was kept. I examined Mr. Blair (assistant general-manager) closely on this point.

Eventually a book was produced by the manager which was a proper book for recording occurrences of danger in accordance with General Rule 7 of the Act. This book the assistant manager said he had never seen. No entry had been made therein since September, 1900.

The form adopted in this report book is given in Appendix E and is a very proper form to adopt. No reason could be given in support of its discontinuance except that it was argued that its use was not imperative under the Act, but, as Mr. Pope has shown, this argument is not tenable or any rate very doubtful. Now, it came out in evidence that men had been frequently removed on account of gas and on other occasions they had worked in gas without the fact being recorded. Great laxity on the part of both the officials and workmen existed at the mine in respect of gas. It would almost appear that carelessness and a sense of false security was engendered by the fact that shot firing was not in operation in coal work.

The assistant general manager stated in examination by Mr. Pope as to the occurrence of gas "at the face we always find a cap close to the face of a fiery district — take No. 6," and added that the height of cap that would point to a condition which would prevent men being allowed to enter the place by a deputy would be that indicated by a half-inch cap at the face. He explained later that by "face" he meant right up against the coal. A half-inch cap** would indicate the presence of firedamp to the extent of about 4 per cent. Examined as to what gas conditions were considered of sufficient moment for the deputy to incorporate in his report he answered "supposing he finds gas four or five yards back from the face." Numerous witnesses were closely examined in respect of occurrences of gas, and several stated they were allowed to work in it.

Wear and Kenmare made astonishing allegations as to the occurrence of gas and their being allowed to work in it. Kenmare said it was general practice when the No. 5 North was opened, a little more than four years ago, for men to place their safety lamps in water to keep them cool — this was contradicted by the overman, T. Graham — but I prefer not to base my conclusions on the evidence of these two men. Wear failed to name any living deputy who had let him work in gas. Several other colliers gave evidence as to working in gas, thus —

Henry Steele, a coal hewer, was working in the 3rd North, and there had been gas in the working place up the "dilly" on the left hand side of No. 2 Brake, three or four weeks before the explosion. It was there when he went in, sometimes they were "bothered with it all the time they were driving the split." They were allowed to go into the place where there was gas and the gas would put the light out if they did not take the lamp back two or three yards. "The lamps were hot, many a time they did without the lamps." He and his "marrow" never complained seriously to the management, "just there was a bit of dirt in." They were not much put about by the occurrence of gas in their working places, "not a great deal, we got used to it."

This witness said in answer to the questions put by Mr. Swift in cross-examination :—

This evidence is characteristic of the attitude of the men towards gas at the mine. As pointing to the attitude of the management the answers by the same witness to some of the questions put by Mr. Swift may be quoted.

This witness said he knew that he was committing a breach of Special Rules 112, 113 in continuing to work in gas, and he knew that it was dangerous to do so.

It is clear that in many instances men went on working at the coal when gas was present sooner than come out of their places. Were they to come out of their working place there might not be another ready for them to go into, consequently they might have to go home, and so sacrifice part of their shift without being compensated. This was the impression conveyed by the evidence of several of the witnesses who were coal-hewers. The witnesses did not seem to know of, or if they knew they did not observe Special Rule 148, which specifies that a man observing gas in his place must draw down his light, leave the place, and report to the deputy.

Far more convincing than that of the workmen, however, was the evidence of some of the colliery officials themselves — thus Thomas Graham, an experienced pitman, who has been employed 44 years at Whitehaven Colliery, 18 as an overman, 13 of which were at the Wellington pit, explained that if he found gas during his inspection of the workings, and he was able to remove it, he did not report the occurrence. If men were in gas he used to stop them working, and send the joiners*** to improve the ventilation of the place and re-admit the men, but he would not report such a case. To use his own words "No, I would not report a simple case, it would be "done in a quarter-of-an-hour by setting a prop or two and five or six yards of canvas. I would fetch the men out, and let them stand two or three minutes while I got it done." If a place was full of gas and fenced off he would report it. His evidence did not bear out that of Mr. Blair, viz. :— that men were not withdrawn because they were not admitted into places in which there was gas. He had withdrawn men on account of gas and stopped the place. If he found an inch cap he stopped the place.

The deputy, John Wilson, who had acted in that capacity for 18 to 20 years at the Whitehaven Colliery, in the service of which he had been for 45 years or so, and who gave his evidence in a clear and straightforward way, stated that there was no rule or instruction or practice whereby he had to make a written report to the management of any gas which he found when making his inspection during the working of the shift ; but his deputy was most careful in removing men if he found gas. Like Campbell, another deputy, if he found gas and could remove it in say ten minutes time by repairing the brattice — during which time he withdrew the men — he did not report the fact ; he only reported it if he removed them altogether and found them another working place. Now this was a good man, and an experienced miner, and appears to have been anxious to do what was right, yet, for the want of a proper system of reporting, his superiors would be unaware of many occurrences of gas in the working places.

Robert Macdonald, a deputy in 6th North, said if he found a cap of ? inch at the highest parts of the working he wrote on a shovel and also told the men not to go into the place until the deputy came and put in a length of canvas. He did not think it necessary to fence off the place when there was only a small quantity of gas in it. If he found a considerable quantity of gas he fenced off the place at once. If he got "half an inch of cap he would fence the place off." He was under the impression that on the day of the explosion he did not get any cap on his lamp in the last working place of the 6th North.

Christopher George, a deputy in the 3rd North, stated that if he made an examination when the pit was off work and he found gas and fenced off a place in consequence he did not report the fact in the report book.

It has been said that the working places were examined by the overmen and deputies before each shift and the report of the examination recorded, and it was given in evidence that in the case of the 3rd North, where the examination prior to the incoming of the night shift was made by T. Graham and Wilson, Wilson would, on his own showing, admit the night shift men to that part of the district which he had not himself examined but which had been inspected by Graham, who, at the time of admittance, might be elsewhere. He did this, he said, on the strength of the verbal report given to him of Graham. This points to a further laxity in the carrying out of the Act (General Rule 4). The man who has made the examination, and he alone, should admit the men to that particular part of the pit. Campbell agreed that the duties of the deputy were so many and diverse that the interests of safety had to be to some extent sacrificed (that is to say there was too much work to do to carry out the inspection fully). I cannot say, however, that the mine was under-staffed in respect of deputies as compared with many other coal mines in the country.

Mr. J. B. Atkinson, the Inspector of Mines for the district, has never received any complaint from the men, individually or collectively, as to any difficulties in respect of gas or as to insufficiency of ventilation, and witnesses said they did not complain to local Union leaders of the presence of gas.

The workmen took advantage of the powers given them under General Rule 38 of the Coal Mines Regulation Act 1887 to make quarterly inspections of the mine. This inspection occupied about four days on each occasion. The last inspection, prior to the date of the explosion was made on 21st, 22nd, 23rd and 30th March, and such of it as is not printed matter reads "In accordance with General Rule 38 report that such inspection was made on Monday, Tuesday, 21st and 22nd, 23rd and 30th March 1910, and the following is a true report of the result thereof. We the undersigned hereby certify that we have examined all working places, shafts, levels, planes, return airways, and all machinery, and found all in safe working order. Signed John Mulholland and John Thomas Mather."

The report was made in December and was to much the same effect. I cannot find from an examination of these reports, going back to 27th June, 1899, that any occurrence of gas has been noted and hardly any complaints have been recorded.

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* It might have been thought that after such an awe-inspiring disaster as the Wellington pit explosion particular care would have been exercised on the part of the men in respect of carrying matches underground, but I am sorry to say that during the holding of the Inquest and Inquiry a workman, who was on the 18th of November employed in the William pit, was convicted of having matches in his possession underground. There is, however, no reason whatever to suppose that the explosion was in any way due to men having matches underground — no matches were found on the bodies of the victims of the disaster.

** On the flame of the safety lamp in use at the colliery.

*** "Joiners" is a local term for an assistant deputy ; these men do not inspect, but set timber, erect brattice and perform like work.