Frostburg mining journal., 1880-07-31

PRICE or COAh.-Ihe Goal Trade
Journal quotes Georges Creek coal
nominal price current" Baltimore,
$4; New York $5.25; Georgetown
$8.75. Clearfeld at Baltimore,
1915; New York $525.
FATAL CASUALTY IN PHOENIX
4 MINE-A FasHd.ous Constable and a
Double Inquest THE Inspector not oJe
4 Thwaytcd. - William Cunningham,
miner employed in the Phoenix mine Of
the Mary land Union coal company, was
instantly killed by fall Of breast
coal Wednesday morning. He was
driving up through a pillar when the
pressure of the strata above crushed
out a block of coal weighing a ton,
and which had not been either under
mined or cut, striking him, with the
result as stated. Inspector Brown,
being at once notified, repaired TO the
scene and instituted an inquest before
Justice Fazenbaker, Of Westernport
A jury Of twelve was summoned by
Constable Montgomery, who refused
to permit them to view the body be-
fore sworn. The Justice was at his
office; the jury at the house OF the
deceased; the former had, however,
instructed the constable to bring the
jury to his office after viewing The
body, when they would be sworn,
evidence taken and verdict reudeIe .
Montgomery threatened 10 discharge
the jury unless the Justice pro eeded
as he { (Montgomery) thought proper,
10 accommodate the constable the
Justice went to the house and swore
in the jury, leaving the Inspector ard
DIR. }. B. Miller, the principle witness,
i'll the Justices office. The doctor, at
the Inspectors request, rtaid to the
inquest from a sick call. Then the
constable iEsisted that the house was
the lawful place to hold the inquest.
The Justice at first protested, but
finally assented to the constable's con-
struction of the law. The inquest
was held and a verdict rendered.
This ascertsined, the Inspector, who
has also a strict legal duty to perform
in such cases, ignored the whole pro-
ceedings and had another jury sum
monod, the Justice deputizing Mr.. =
Bell to serve, that he Mr.. Brown
might be able to be present, as the
law requires The following gentle
men were summoned; George Will
liams, foreman; William Mat, John
Slime, Chrlles Rowe, James Brown,
James Rankin, J. S. Miller John
Guy, James Bassett, Jchn Navin,
Henry Murphy and Frank Parish.
After viewing the body the jury re-
paired to the office of DR.. Miller,
where the following witnesses were
examined JOHN Donahus, John
Enlley rnd Dr Miller
Mr., Donahue testified he vas work.
ing in same room with deceased; that
while the deceased was taking up a
piece Of mining ply block OF coal
from the breast sprang out and killed
said Cunningham. The place was
well timbered and by him considered
perfectly safe. In answer to ques-
tion by Mr.. Brown he said there was
plenty Of timber in the room.
Mr.. Kelly testified that he was at
work in an adjoining room; heard the
alarm and ran to the scene; assisted
il removing the fallen coal lrcm the
tody ofdeceased and found him dead.
DR.. Miller testified that deceased
came to his death from fracture of
the skull, causing depression upon
the brain.
After this evidence the jury rond-
cred the verdict as below:
That the deceased, William Cunning
ham, came to his death in the PhmniX
minc, owned and operated by the Mary
land Union coal company, on the 2Sth day
ofJuly, 1880, by a fall ofbroast coal, fractur-
ing his skull, causing depression upon the
brain, and find that no blame can be at
tachcd to the officials Of the company.
The Inspector feels very indignant
over the disrespeo5 shown him as an
officer Of the State by constable
Montgomery, and proposes to make
use Of the earliest opportunity to lay
the facts before the Grand Jury and
the County Commissioners.
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