On Wednesday, August 9th, at the Board Schoolroom, Bigrigg, before Mr. J. Webster, coroner, and a jury, the adjourned inquest was held touching the death of Richard Nichol, Moor Row; David Taylor, St. Bees ; and Philip Burns, Cleator Moor, three of the four miners who met their deaths in consequence of a fire at the Southam Hematite Company's mine, near Bigrigg, on the 7th July.

Mr. Hedley and Mr. Leck, Government Inspectors of Mines, were present during the inquiry, and Mr. Atter, solicitor, appeared on behalf of relatives of the deceased man Taylor; Mr. T. Brown and Mr. W. H. Chapman, solicitors, for the Southam Hematite Company; Mr. J. Flynn, miners' agent, on behalf of relatives of the deceased man Burns.

John McKellar Main, the first witness called, produced an original working plan of the mine, and also plans and sections of the place where the accident occurred, showing the position of the pumps used for pumping the water out of the dip workings. He proceeded: I have been employed as engineer to the Southam Hematite Company, Ltd., for three years. I was responsible for putting in the compressed air apparatus for pumping. Mr. James Nichol was acting under me. I gave him instructions as to the management of the mine, and the practical working was left to himself. He has two overmen. The depth of the pit shaft was 74 fathoms. The pump, placed near the bottom of No. 1 dip, was worked by compressed air, and to prevent the formation of ice in the exhaust a Well's burner, attached to a special oil lamp, was used to impart a gentle heat to the pump cylinder. The pump rested on a wooden sole-tree. The lamp might be 2½ feet from the legs or side timber. It would only be eight or nine inches from the wooden sole-tree, but that was protected by a piece of sheet iron. The lamp hung from a hook in a head-tree.

By Mr. Atter: We have special printed rules. During the time I have been manager I never had a report of fire in the dip workings. I am not prepared to say whether any oil dropped from the lamp. There may have been a few drops. All the reports I had about the lamp were satisfactory. James Nichol, the mine manager, had been off work on account of illness two or three weeks previous to the accident, and he was off work on the day of the accident, when John Newby, overman, was in charge of the pit.

Further cross-examination of the witness was then deferred until he should be recalled.

Dr. Braithwaite, of Egremont, said: I examined the bodies of David Taylor and Philip. Burns at Southam Pit. I came to the conclusion that they died from gas poisoning — carbonic oxide poisoning. There were no marks of violence or of burning.

By Mr. Atter: The gas would be from the burning timber; carbon monoxide some people call it. It is much more deadly than carbonic acid gas, and a very small percentage is deadly. It is a perfectly painless death.

By Mr. Hedley: In my opinion the men were not suffocated by drowning. Death by drowning is suffocation ; but death by carbon monoxide is poisoning, not suffocation.

Mr. Hedley : The reason I ask is to satisfy the relatives that when the water was turned into the pit the deceased men were already dead.

Witness : I am satisfied that within ten minutes of the last man taken out of the pit alive the remainder of the men in the pit would be dead.

David Parker deposed : I was employed by the Southam Company, on the 7th of July last. I was 16 years of age on the 2nd of June. I have been employed by the Southam Company about ten weeks, at first firing one of the boilers at the surface and after that attending to the two Tangye pumps in the pit. On the 7th July I went down the pit at two o'clock in the afternoon. I found No. 1 pump all right. I had to oil the pumps. That was the first thing I did when I got to them. I also cleaned the lamp burner at No. 1 station with a bit of wire, to make it burn brighter. I then watched the pumps, and kept the water down. About 6 o'clock I put some more paraffin oil in the lamp. The paraffin oil I got in a tin bottle at the surface before I went down. The lamp into which I had poured the oil did not take the whole bottle-full. I put the tin containing the remainder on to a shelf, about a yard and a half from the pump. When going from one part of the pit to another I had candles, which were supplied to me by the Company. No. 1 pump was the main pump we had to stop at, but I was going backwards and forwards between No. 1 and No. 2 pumps. I had four candles when I went on duty, and I burnt three. I had no matches, and lighted the candles at the lamp. There was waste on a shelf at No. 1 pump, and I used it to clean the pump. After I had used the waste, I put it down beside the pump. I had no special orders as to what I was to do with the waste after using it. There was not a large quantity lying about. We made a heap, and then cleared it away ; and it had been cleared away that morning. I just used two little handsful. About twenty-five minutes to nine I was down No. 2 dip, seeing if the water was all right. I put the No. 2 pump on rather slower action, and then came up the dip to No. 1 pump. As I approached it I observed a fire at the pump, high up. I got a bucket of water and threw it on. The fire was blazing right up the pump.

Was the flame coming from the burner, or what was it coming from? — I could not say, sir. The water I threw on made the fire worse. I threw only one bucket of water. I then went and warned some of the men. John Newby came out to the fire, and then went back to warn the other men.

By Mr. Atter: I saw John Newby somewhere between two and six o'clock, but did not see him make any inspection of the pumps. There's been a fire twice before with me. I did not report those fires to anyone.

Was the wood fired the same as on the 7th of July? — The wood was fired on one occasion and the pump on the other.

If the pump was burning, it must have been oil burning on the pump? — Yes, we had to mix the engine oil with paraffin.

How had the oil got there? — It had blown through the cocks.

And how did it catch fire? — By the lamp "lowing" up.

Did you see that, or do you only suppose it was? — I saw it lowing up, sir.

Which was the first of those two fires? — The woodwork.

Did you do anything to put out that fire? — Yes; I threw water on it and put it out.

How long did that fire last? — About five minutes.

Who helped you to put it out? — David Taylor, one of the men who has been killed.

Who was the overman that shift? — John Newby.

You never named this to him? — No, sir.

How long did the second fire burn? — Two or three minutes, and I threw a bucket of water on it and put it out.

You say the fire was at the top of the pump, high up, on the 7th July. Was that the woodwork that you saw on fire? — Both the woodwork and the oil on the pump were burning.

How long had you been away from No. 1 pump before you saw the fire? — About ten minutes.

Can you see No. 1 pump when you are at No. 2? — No, sir.

Was the lamp at No. 1 where you had left it? — It was hanging up as I had left it.

What had caused this fire on the 7th? — I could not say, sir.

By Mr. Brown: When cleaning the burner with a bit of wire I simply knocked the soot off — that was all I had to do. It burned better then.

How was it you did not report the first fire when David Taylor helped you to put it out? — No reply.

Question repeated. — (After further hesitation) I did not think it was necessary to report it. I don't know whether there are special rules for the pit.

The Coroner read the special rule showing that the witness ought to have reported the fire, and asked if he really thought it was not necessary to report a fire that was jeopardizing the lives of the men in the pit? — Witness said he thought he could get the fire out.

The Coroner: Were you frightened to go and tell? — No, sir.

The Coroner: It is a most singular thing this lad did not go and report it.

Mr. Hedley said the point that was of importance was that there might be others like witness who did not know what the rules required ; and they should understand that when they became aware of any source of danger in the pit it was their duty to report it to their superiors.

By Mr. Chapman: He had often spilled paraffin oil in filling the lamp; nearly every time they poured it they spilled some of it.

By Mr. Flynn: In case of the exhaust pipes being frozen I have never teemed oil on waste and set fire to it to thaw it. I have never heard of others doing that.

By Mr. Hedley: I never had any experience of pumps before I took charge of these pumps. Wm. Conkie, the pump lad who was on before me, gave me instructions.

Did he tell you what to do in case the exhaust got frozen up? — Yes, he showed me how to put the burner so that less oil would come through.

Where was the burner? — Against the side of the pump.

Had you any difficulty about the ice at any time? — When the lamp would not burn right the engine would not work.

Did he tell you how to get it to work again in a case of that sort ? Yes. Take a screw key and knock the ice out of it ?

Did he tell you to mix the oil with paraffin, put it on the cylinder, and light it up? — No, sir.

I think you told Mr. Flynn you have not done that yourself. Have you seen anybody else do it? — No, sir.

You are sure about that? — Yes, sir.

What sized heaps of old waste did you have before you cleared it out? — I have had about a bucket and a half.

What became of it.? — I don't know; but I think it would go up the pit on a bogie. One of my mates sent it up.

What had you the buckets for ? We kept a bucket in No. 1 engine house filled with water, and one in No. 2. in order to put out any fire that took place.

But you had no lamp at No. 2. What did you want with a bucket of water there? — To prime the pump.

Does No. 1 not want priming? — No, sir.

And do you mean that you are so afraid of fire at No. 1 that you keep a bucket of water there? — We are told to keep it there.

Who told you to keep it there, and for what purpose? — Jock Barry, one of the overmen, told me to keep a bucket of water at No. 1 in case of fire. He did not tell me about No. 2. We keep No. 1 bucket full, but the other we fill as we want it from the dip.

When knocking off the fluff from the burner have you ever seen the fluff flare up after it has reached the ground? — No, sir; I have seen the lamp flare up.

Had you trimmed this lamp immediately before you went to No. 2 on this day of the accident? — Yes.

How long after you trimmed the lamp did you go away to No. 2? — About three-quarters of an hour.

You have told us about two previous fires. Did the pump stop at the first fire you know of, when the timber got alight? — No, sir.

Are you sure about that? — Yes, sir.

Were you in the place at the time it occurred? — No, sir.

Where were you? — Down in the other dip. I found the lamp up against the pump in its ordinary position whilst that fire was going on.

James Nichol deposed: I am underground manager in the employment of the Southam Company. I was off work on the 7th July last. I had been off since the 14th June, being ill. My duty as underground manager was to see that the pit was in safe working order. It was my duty to inspect and see that the pumps, including Nos. 1 and 2, which were worked by compressed air, were in order. I had two deputies who worked under me — one was John Newby and the other John Barry. We had special rules relating to this mine, it was our pumpman who first suggested a lamp to keep down the ice in the pump; and John Tolson, our fitter, made a lamp specially for the purpose. The first one we used was a cast-iron lamp. That was a much larger lamp than the one used at the time of the accident. We continued using this big lamp about three weeks, and knocked it off because it was making too much smoke. Complaints were made about it by the men. When the smaller lamp was substituted I never heard any further complaint. I never heard of any fire caused by either of the lamps until the accident.

By Mr. Atter: I don't keep a book in which reports made to me of things having gone wrong are entered. When a complaint is made we put the thing right at once, or as soon as we can.

By Mr. Flynn: A fire was never reported to me before the 7th July, nor did I ever hear that the men had been called out to ride the shaft on account of a fire at No. 1 pump station. I never heard of men having given in their notices to leave because they thought the pit was not safe.

Mr. Hedley said he would like that it should be well known that if men had complaints to make about their work in respect of any danger, or suspicion of danger, he would welcome information on the point. Any communication that was made to him or to Mr. Leck would be perfectly confidential. He would like to get the information through Mr. Flynn; but any communication, signed or anonymous, would receive attention.

Mr. Brown : Wouldn't that introduce a condition of things which would be dangerous to both men and employers? — that a man, instead of reporting to his employers any irregularity or danger in the pit is invited by the Inspector of Mines to inform him either anonymously or privately, and the owners of the pit have to be kept in ignorance.

Mr. Hedley: No, I don't imply that for a moment. I say that these complaints ought to be made to me : it is done all over the district.

Mr. Brown : That may be. But I think the mine-owners ought to have the information that the Inspector has.

The Coroner pointed out that by the rules of the Southam Pit men were required to report to the pit manager any supposed defect or danger. Mr. Hedley asked the men also to give him notice; but that did not absolve them from their obligation to report to the manager.

Mr. Atter: It is a great pity there is not a report book kept.

Mr. Flynn : It would be better if these things were embodied in an Act of Parliament. Ever since I have been in the district I have seen the necessity for a new Metalliferous Mines Act.

Mr. Brown said that what appeared to him was that such observations made at an inquiry like this emphasized the matter with regard to one particular mine.

Mr. Hedley : That is not so. With reference to complaints, it has only been suggested that complaints were made and not attended to by the mine manager; and I say if complaints are made and they are not attended to, then send the complaint to me.

Mr. Flynn : There is one reason, perhaps, why complaints are not made to the managers. In cases where, because the miners have brought complaints, they have lost their positions, they would be very shy about reporting.

The Coroner : They should report to Her Majesty's Inspector if they cannot get redress.

Cross-examination of the witness was then continued.

By Mr. Brown: The place where the No. 1 pump is placed is 6 ft. by 6 ft. The pump is about 4 ft. long by 14 inches wide and 18 inches high. It is impossible that the wood could be scorched by fire without it being evident to inspection. There could have been no charring, or I would have noticed it. We had water buckets in No. 1 and No. 2 stations before and after the compressed air was put on. The buckets were used for priming.

By Mr. Hedley: When we were using steam, the pump stations were lighted by candles. When we used compressed air we depended on the lamp for light. I have seen lighted candles stuck on the legs in the pump station — a time or two, but not often. I have never known of oil being poured upon waste or on either of the two engines to set it on fire so as to free the pump from ice. I have heard of that being done on No. 1 pump, but have only heard it since the accident..

Mr. J. M. Main, recalled, asked by Mr. Atter what in his opinion was the cause of the accident, said that the lamp of itself would certainly not have caused the fire, and he could form no reliable theory as to the cause.

Notwithstanding your investigations as manager of this mine you can form no theory as to the cause of this accident? — No reliable theory.

Mr. Atter: Do I take it that you cannot form any opinion as to the cause of the accident? — My answer is as at first that I cannot form any reliable opinion.

Mr. Atter said he would not waste further time if the manager could not form any opinion as to the cause of the accident.

By Mr. Brown: If there had been any fire in No. 1 station previous to the fire of the 7th July there would have been distinct indications on or about the pump of the fire having taken place. On the end of the cylinder there are two lubricators, and the top part of one of these is filled with fusible metal, which will melt at a comparatively low temperature, and if there had been a fire that metal could not fail to have been fused. Then there is another point. There are the joints of the cylinder, which are of india-rubber, and these joints must also have been affected by a fire. We are prepared to prove that no fusing of that metal took place, nor were the joints affected previous to the 7th July.

By Mr. Hedley : These plugs were fused after the fire of the 7th.

Have you two outlets from the bottom of No. 1 dip? — Yes, certainly.

There are two outlets from the workings to the surface? — Yes.

That is No. 3 and No. 1 — the old pit? — Yes, and there is an air course between the two.

And you could travel from No. 3 to No. 1? — You can. You cannot walk erect, but you can get through.

There is a road through to the surface? — Yes.

Had you any means of getting the men up if they had got to the bottom of No. 1 pit? — Oh yes, we have a ladder way down and stages.

Mr. Hedley: I just wish to show that there was another means of escape if they had been able to reach it, although I have no means of compelling them to have two outlets.

John Laidler Hedley, H.M. Inspector of Mines, in charge of the Newcastle district, deposed: Having heard the evidence I am no wiser than I was before, and I am unable to say from what cause the fire arose. There are four theories that I have in my mind, the question of the lamp being most prominent. It is not suggested there was any defect in the lamp, but there might have been, and oil may have been spilled: but I can't see how the lamp could have set fire to the legs, as it was in the same position as when found after the fire; and had it been hanging in the position the witness told us it was it could not have set fire to the head-tree. Another theory is about oil being put on the engine in order to heat it. That is simply a matter of surmise. I know no more than the jury ; but I know that such a thing has been done elsewhere with most disastrous results. If that had been done then the head trees might have been set on fire. The other theory is that candles might have been left on the legs and so caused the fire. We have it in evidence from Mr. Nichol that he has seen candles on the legs; and it would not be the first time a fire has been caused in that way. The fourth theory is as to the waste. If there was an accumulation of waste there might have been spontaneous combustion. Those are the four theories that suggest themselves; but as I said in the first instance I cannot come to any definite conclusion. That the fire commenced at No. 1 pump station I am certain. I had had no complaints from this mine previously with regard to fires.

The Coroner addressed the jury, and, after a deliberation of about half an hour, they returned a verdict as follows :— "That the said Richard Nichol, David Taylor, and Philip Burns were accidentally, casually, and by misfortune poisoned by carbon monoxide gas, which was given off by certain burning wood near the station No. 1 in the Southam Pit, in the parish of Egremont, on the 7th day of July, 1899."

The jury also wished to record their opinion that the evidence given by the boy David Parker was trustworthy.

The Coroner: I am also of the same opinion. I think it only right to say this.

A similar verdict was returned in the case of Patrick Cullen, on the 26th August following, the same jury having been empanelled.