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Reports of the Inspectors of Mines of the anthracite coal regions of ...

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110 <strong>Reports</strong> <strong>of</strong> <strong>the</strong> <strong>Inspectors</strong> <strong>of</strong> <strong>Mines</strong>. [Xo. 10,<br />

mond shaft, caused by a shot, which knocked out <strong>the</strong> supporting jivops,<br />

and tliat tliQj went back too soon, <strong>the</strong> ro<strong>of</strong> falling in on <strong>the</strong>m and killing<br />

<strong>the</strong>m ;<br />

said Diamond shaft worked by <strong>the</strong> Delaware, Lackawanna and Western<br />

Railroad Company.<br />

In witness where<strong>of</strong>, as well <strong>the</strong> aforesaid alderman, as <strong>the</strong> jurors afore-<br />

said, have to this inquisition put <strong>the</strong>ir hands and seals, this 22d da}' <strong>of</strong><br />

November, A. D. 1877.<br />

R. K. Cranfield, {Alderman^)<br />

A Minority Verdict,<br />

Acting Coroner.<br />

Nicholas Washburne,<br />

Foreman.<br />

John Wagner,<br />

esdras howells,<br />

b. f, ackerly,<br />

Thomas Barrow,<br />

Jurors.<br />

I, <strong>the</strong> undersigned, cannot agree to <strong>the</strong> above verdict, but find that James<br />

Johnson and George Batt came to <strong>the</strong>ir deaths on <strong>the</strong> morning <strong>of</strong> Novem-<br />

ber 17, 1877, by a fall <strong>of</strong> ro<strong>of</strong> in <strong>the</strong> Diamond vein <strong>of</strong> <strong>the</strong> Diamond shaft,<br />

caused by <strong>the</strong> neglect <strong>of</strong> <strong>the</strong> mine boss, David W. Mosier, in not having<br />

and I fur<strong>the</strong>r<br />

seen that <strong>the</strong> ro<strong>of</strong> was properly timbered, as by law required ;<br />

say, that his employers, <strong>the</strong> Delaware, Lackawanna and Western Railroad<br />

Company, are to blame for imposing on him duties that no man is able to<br />

perform.<br />

James B. Hickey.<br />

As I have before intimated, some <strong>of</strong> <strong>the</strong> most damaging evidence against<br />

D. W. Mosier, <strong>the</strong> mine boss, was not taken down by <strong>the</strong> acting coroner.<br />

When giving an account <strong>of</strong> where he was when <strong>the</strong> accident occurred, he<br />

said he "was on <strong>the</strong> mountain." I asked him "upon what mountain?"<br />

But he at first objected to answer, saying tliat he did not think he was<br />

obliged to account to me where he was, but he finally answered "that if I<br />

must know, he was on <strong>the</strong> mountain back <strong>of</strong> <strong>the</strong> Briggs shaft." I had<br />

been informed that he was on <strong>the</strong> mountain hunting, and if it was not so, I<br />

desired to give him an opportunity to account for himself, but he did not<br />

avail himself <strong>of</strong> it.<br />

I am <strong>of</strong> <strong>the</strong> firm opinion that <strong>the</strong> first clause in Mr. Hickej-'s verdict is<br />

<strong>the</strong> correct one, but where he got one particle <strong>of</strong> evidence in any way to<br />

criminate <strong>the</strong> company, is to me a pr<strong>of</strong>ound mystery. Mr. Mosier has not<br />

a large territory under his charge, and he can ti'avel over it every day and<br />

have plent}^ <strong>of</strong> time to examine <strong>the</strong> working places as he passes through<br />

<strong>the</strong>m. I know <strong>of</strong> no o<strong>the</strong>r duties imposed on him by <strong>the</strong> company, and<br />

<strong>the</strong>se certainly are not " such as no man can perform."<br />

The truth is that if <strong>the</strong> proper care had been taken to stand <strong>the</strong> props

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