WARDEN'S COURT.

Inangahua Times, Volume V, Issue 38, 31 May 1878, Page 2

WARDEN'S COURT.

(Boforo Mr Warden Shim.) fINHKaETIO COMPANY V BBBSJJVK.BAHOH.POM".' The following is tho conclusion ot tno, ovidonoo in this caso, ; Ot. Blnok— l nm mining manasor oi tho Porfloyeuanco Company and know tho Encrgotiomaohmo.aUo ; X havo lad thirj teen years oxporionco aa ft miuor, aud 'been over 'fiiv years hew } In , my opiniontho Porgovor,attoo cutting, i( it causes nnyj klip, such n|ip Willie 'abdVo tho Porso^j vornnco.Jlino nnd np^if tolow it ; I cannot; jay what caused tli#tfip on the Kncr«otio trnmwny, but I know it was not tho Porsovomnoo cutting Tho rook thoro in Ivory loose and water; would penetrate it as easily as tho surfaco atufi ;; tdo not think that tho cutting of tho surface! wbuld in any way h, # »ston a slip. If a slip did Uko place ftt tho point spokou of na thrcatcrfing, it would go to tho cast Of tho maoUiuo house, Know Enorgotio batter boforey it was orcctod. It wnp originally drivon by a turbine, the water boinfl brought in a raco along tho sidoling; GQfoot lower down than tbo 3?cr«ovoranco tramway on tho sarao sidoling ;I 'novcr heard of any Blips boing causod by that race though tho leukoffo was con' uidorablo, .Havo soon many tramway's ono abovo tho othor in worap K^ound and havo novor known a alip to bo caused below a tramway, unloag cut undornoath it, It is my' opinion Uiafc tho Porsoveranpp trnroway can bo com.plotod without tbo slightest injury or danger to tho .Enorgotio company, OroßßTexara.inod-~J did not lay off the lino ; J boliovo that tho slip on the ooal lino would have ooourrod. whothor the tramway lino was thoro or not. Tho tramway would bo strong onough to bear up any slips from abqvo tho tramway miifl ovof rack part of tbo way, and thoro ig about hnlf a chain of ft goos oyor dale foundation, If ovorythifig looso slipped away thoro, would not bo ortougb to bury tho bnttcty, tho bod rook crops out. of the hill aidd and, would provont anything like n general slip. Somo of tho ground fibavjtit tlio" machine houflo pitclioH to tho bns^' . I{o"Owmiucd-rT^oro,i-i not the slightest fear of the wli6lc liill earning down, h*eqr | tho machine,, tb,o, tramway a good substantial foundation.' ' By tho Oourt-Hl 1 . do not fallow tho ! (hoory hold by exports for tho othor sido as to tho cutt^p/j into of h hill hnstoning a slip, a* tho rook is looso and takes tho water in frooly, GK J. Woolloy— At tho rcc|uoßt of tho parties I inspected tlio Eoorgotio machine site, and tlio Porsorvnnoo tramway lino j do not think that tho Porsorvanco tramway is likoly to oauso any damage to the Encrgotle machine, unless, the ground ftiVos away undomeath, Thoro is an old slip abovo tho mnoltino and that tends to tho eastward whioh would bo tho cou«o of nny future slip. Tho Enorgotio muohino is not imminent in dnngor from tho Porajrvnnco tramway. Thoro might be slight Blips, but they could bo easily cloarcd away. Tho making of tbo tramway doos not at prpsont throaton tbo maohinc aito, but it might be that whon thoy reached ■ up to iho tramway a bigger slip might Jako place Tho reck is oxposod )u sovoral' plaoos {ilong tho lino, ' 1

Croas-oxaminod— l boliovo that the hil will opmo away iv small slips, not in li massi By tho Court-rAs tho rock in Ibis enso h dipping with tho hill it would havo tlio ofjfoot of provontinp tho surfaeo from slip* ping, . ; „j . ; William Gardnor—'l urn County Kn« gineor; I bnvo had mining oxporionoo since 1852, and havo hn,d much experience in tho conajtruetion of tramways, -ma'chi* nory, o^o. I have examined tho Porpo-' voranco tramway, and tho Enorgotio maohino nito, aud havo no hesitation in saying that the construction of tho Per* voranco tramway lino doos not throaton tho safety of tho Enorgotio mnohino in tho slightest, for tho roason tlmfjtlio bod rook projects out of tho hill sido and dips inwards, I\im\ it not boon for tbo faofc is tho Enorgotio hill would havo slipped away long ago, It is not possiblo fbr a large slip to tnko plnoo thoro. Oroßß-oxnm.inod-wl saw rock abutting out of tho hill sido, Thoro is rook pro* jooting out of the hill Bide immediately over tho maphino si to. Thoro is a looso rubbly mass on tho surfaco j should not think thoro was moro than tbreo or four foot of soil on the hill sido 5 hnvo nover soon a slip bold*' an oxoavation. Thoro aro no trcos likoly to dam ago tlo maohitio bouse A slip did occur rooontly on tho Blank's Point road. Thoro it not an instance of a slip having occurrod above the road. John If nrris^-I havo had twonty yonrs oxporionoo as a minor in tho construction of tramways, etc Have kaown, tb,o E.n,er<«

KOtio hill for six years, and 1.-ivo soon tlio Poinovoranco tramway, and I am of opinion that tho cutting will not endanger tlvo bnttory in tlio loaflt. Tho rock on tho hill flidois lying ond on nnd tho tramway orossos it. I do not think thoro s suflloiont Burfaoe on tho bill ovor tho battery to do any damago to tho maohino ; no wator will ran along tho tramway as thoro is a oreok to tho oastward that wil l tnko all tho drainage M» Byrne— l am not a sbaroholdor in thoPoraovoranoo Company oithor dirootly or indjreotly { I havo Known Murray Orook for sovon or oigbfc years ; I have boon mining o» and off for «oventeon yoars { I know tho Enorgetio maohine site. In my opinion tho ootting for tho tramway doos not in tho least inoroaso tho risk of a slip on tho battory, and I say that owing to tho quantity of bod rook oxposod, and tho tondonoy of slips would bo to tlio eastward of tho battory, OrossHOxaminod — I sold out of tho Porsovoranco Comp<my thro© months ago* I am a aharoholdor in tho Dauntless Com* pany, and I don't think tho Company would allow tho PoMeferanoo Company to uso tho Dauntless mino, lam quito positive that no Blips of any jjrent danger to tho JSnorgofto battory will toko place. This olosod tho oaso.