The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-01-26
INQUEST
VERDICT !
Investigation on Michael Brenza's Death
Concluded Last Night
JURY MAKES THREE CEESURES
one Based on the Law Requiring Tha,
Timber Shall be Cut For and Carried
70 the Miners-The other
Refers 10 Safety.

Refers 10 Safety.
The inquest in the case Of Michael Brenza.
who was killed at Packer No. colliery
about three weeks ago by falling down u
manway was continued and concluded last
night by Deputy Coroner Burke aud a jury.
and verdict Of general censure was
rendered The inquest has been postponed
from time 10 time on account Of the failure
Of Patsey Fenton, the inside foreman Of the
colliery, to appear as a witness and
last nights sitting was the fifth Yesterday
afternoon the Deputy Coroner placed a capias
in the hands Of Constable Gihlon aud Mr.
I Fenton appeared at the inquest last night,
accompanied by Daniel Ogden. q representa-
tive of the Lehigh Valley Coal Company
The case has occasioned more than ordinary
interest on account of the issue which arose
between the Deputy Coroner and the Mine
Inspector. The latter refused 70 order an in
quest. on the ground that he had made an
| Investigation and found that an inquest was
not necessary and would only put needless
expense upon the county The Deputy
Coroner maintained the position that the pro-
ceeding was discretionary with him and that
he has the power 10 hold an inquest with or
without instructions from the Inspector The
latter adhered to his position and refraned
from attending any Of the sittings The
jurors in the case were Messrs. J. j. Cardin
| Thomas +. Reilly, Anthony Onashack, Hugh
Devers, Frank Folmer and Thomas Mullaby
Anthony Sinta was a recalled witness last
night He testified that he was the butty of
the victim and worked with him on the day
of the accident, He WAS cutting the timber
and the victim was carrying the timber to
the manway to lower il. They worked in
side and, when they wanted timber, they
went up the manway to the surface and cut
and lowered it. Breuza had carried the
| third prop to the top Of the manway when
the witness suddenly missed him. Witness
called for help, lit his lamp, went down the
manway and found Brenza's dead body about
240 feet below. At previous sitting the
witness testified that the boss had given him
orders TO get timber at the top Of the man
way. He also testified that he had never
seen the Mine Inspector at the place At a
previous examination another witness testi-
| fled that he had worked at the place for
seventeen years and never saw a Mine In
spector there. Sinta was asked last night if
it was not fact that water had frozen about
the mouth Of the manway and made the ap-
prOach dangerous on account of the covering
of ice. He replied, That time bad, by
gosh ~ and added that last Saturday a plat
form was made at the mouth Of the manway.
Inside Foreman Fenton next testified. He
knew only what he had been told of the ac-
cident. He said it was customary for the
two men working in that part of the colliery
to put down their timber about quitting
time. The place was very convenient and
the men could come and go when they liked.
and quit when they liked. The men could
enter and leave that part of the mine with
out the bosses seeing them. The mouth of
the manway was not fenced. The men got
so much car and so much prop. They cut
and carried in their own timber. The pitch
Of the manway was about As degrees, but
| about 60 at the mouth. The mouth of the
manway was timbered level with
the surface. The slope of the mountain does
not run right into the mouth of the manway
There Is al Offset there. Since this accident,
| on account of the excitement OCcasioned bv
| 1t, an extra precautiOn has been taken to pre-.
vent children who may gather there from
falling into the manway. The manway was
safe one, provided no one attempted 70
travel through it in the dark. Two poles
were put at the mouth Of the manway. as a
protection, since the accident.
Q. II it was safe in your estimation, why
did you 90 to the trouble to make it more SO 2
A. Through the excitement that was caused
by the accident l was afraid that there would
be a crowd there and they might make a
rush towards the mouth
Witness also testified that there was never
any complaint about the men cutting their
own timber. they were not instructed to cut
it. Witness never instructed them to do SO.
1t has been customary TO haul the timber to
the top of the manway and the men take it
down themselves, on their own respou-
sibility. Witness did not know whether
the Mine Inspector knew about this.
| Witness has travelled the manway himself
| There was an offset at the mouth of the man
way TO prevent water from going down. The
Offset has been made little wider since the
accident. When the witness was asked If
the steps and surface at the mouth of the
manway We're covered with ice the witness
replied that such thing could not exist, as
the manway was an upcast and the moist air
from the mines always thaws the ice about
the mouth for a distance of about or 10
feet The manway has been used for about
! II years. As many AS dozen men have
worked there, but at the time of the accident
there were but two.
q You know that in all mines it is Gus
and have it brought tp them2
A. Yes, sir. There was no understanding
at this place. 1t was always customary for
the men to get their own timber, and it was
never delivered any nearer than the mouth
Of the manway. Witness has been foreman
two years. The manway is about $50 feet
deep. The timber was lowered with ropes
aud windlass, The men did not have to take
il far to their work inside.
! The jury rendered the following verdict
| I'VE fluid that the sald Michael Brenzo, a
miner, came to his death by having 70 cut
and lower timber into the mines through
hole or passage way, into which he fell by so
doing. We centure the practice of the niue
officials of instructing the miners to cut and
lower their own timber in violation of an
Act of Assembly. And, further we censure
the officials for the insecure, unsafe and dan
gerous condition Of the top Of this hole,
And, further, we censure Mine Inspector
Stein for permitting the violation of the law
in these instances"