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—HUM—Mwiiiifiwf7TifTr man…

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11—,„,|___ CHAMBERLAIN'S REPLY.

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IfrisonerTcquitted,

Riotious Outbreak at Aberavon.

[No title]

CHAPEL TRUSTEES' ACTION.

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CHAPEL TRUSTEES' ACTION. Mynyddbach Suit against the Tirdonkin Company. At Glamorgan Assises on Thursday, be- fore Mr. Justice, Wills and a special jury, the case of William John and others v. Tir- donkin Collieries Company, Limited, was heard. The plaintiffs, in addition to Wm. John, were Messrs. Richard Richard, Philip Morgan, David Levis, David Hughes Ros- ser, Lewis Samuel, William Penbank Lewis, Thomas Roberts, David Evans, Thomas Davies, David John Davies, Elias Knoyle, and John Rosser Richard, and the claim was for damages and an injunction restrain- ing the defendants from further working the mines and minerals so as to cause in- If'J'y ^Tnyddbach Chapel and buildings. J he, defendants denied that the plaintiffs suffered any damage, and that the alleged damage (it any) was caused by any of the aiJeged acts of the defendants. r, tr-i S. T. Evans, K.C., M.P., and Mr. I • V llJiers Meager (instructed by Mr. J. R. chards, Swansea.) were for the plaintiffs, and t> Mr. Abel Thomas, K.C., and Mr. W. • ^enson (instructed by Mr. E.'M. Clason Dahne, Swansea) were for the defendant cilleries, limited. r u won £ 3t those present in court was Sir <-ohn Jones Jenkins. The jury viewed the spot on Wednesday. Mr. S. T. Evans said the claim was in respect of damage caused to chapel build- ings by subsidence due, as plaintiffs alleged, to the underground working carried on by the defendant, company at the Cefngyfelach Colliery. The action was brought by the trustees in possession of the Mynyddbach Chapel. The present chapel had existed since 1865, but the cause had existed much monger, as a chapel was built near the pre- sent spot in 1762. There was a lease grant- ed in 1/61 of (fertaan premises upon which the old chapel was built, and certain lands adjoining. That chapel apparently was extended in 1796, but it was altogether pulled down in 1365 hefore the building of the present chapel was commenced. The present chapel was a very fine building, substantially erected un. der the superintendence of the late Mr. J. Humphreys, a well-known architect who paid particular attention to chapels, his work including the Tabernacle at Morriston, which was the finest chapel in the whole Principality. Mynyddbach Chapel inside was 55 feet long, 38 feet wide, and 30 feet high to the eaves. The walls w,¡:;rc two feet thick above ground, and foundations three feet thick, and a chapel if erected in similar fashion would cost about £5,000. There was another Lease granted by Sir J. Llewelyn in 1872, and a smali pieoe of ground upon which a caretaker's house had been built. The old chapel was a little oblique, to the front of the present one. The present building had stood for 39 years, and for 37 years there had been no cracks or damage of any kind. Shortly after the building the north-east corner of the school- room slightly settled, but with that excep- tion there was no damage to be seen from any subsidence until the cause of the pre- sent action. Within 200 yards of the build- ing were the colliery workings belonging to the defendant company, a lease having been granted by Sir .J. T. D. Llewelyn to Mr. Edward Rice Daniel in November, 1887. The colliery was re-opened in 1902, when, it was alleged, tho pillars left for the support oi the surface were removed. Towards the end of 1902 it appeared the working was in the direction of the chapel. The first thing noticed at that time was that Hie gasometer tank of the chanel would not hold water, and afterwards cracks develop- ed in the building, and the chapel tilted from the east to the, west. Fissures also appeared in the schoolroom, caretaker's house, and a stable at ths Welcome, Inn near by. In 1901 the roof of the chapel was repaired. In response to a letter sent in 1902 the colliery replied that they had been careful te keep away from the chapel, and the nearest flace they had gone to was 115 yards west, of the. chapel. Mr. Evans contended that 1 r eolhery workings were responsible for the damage. Mr. J. Daniel, who for 4B years wa.s min- ister of the chapel, and who recently resign- ed. spoke to the cracks appearing. Daniel James, a mason, Caemawr-road. Morriston, who worked on the ehapql with j his father and attended the chapel, epoke | to the subsidence in the north-east corner of the schoolroom. Three years after the building an iron band was inserted. The cracks, ho believed, were going on now. Cross-examined: When the cracks were seen in the foundation he had not roticed concrete. Mr. Abel Thomas: May I take it there was no concrete? Witness Take it how you like. (Laugh- ter). Proceeding, the witness said he had beard something, but he would not say. Mr. Abel Thomas: I will risk it. Witness: Well, I won't. (Laughter). Further, the witness said he had heard of a strengthening beam being put under the gallerjr or timber supports being inserted to assist the foundations. The cracks were growing—"they are not N getting less any- way." (Laughter.) Someone had put papers on the cracks in 1902. He did not know there was not one broken to-day. Re-examined: There were no cracks in the Chapel (Congregational) 10 years ago: new windows had been put in as the old ones decayed. Wm. John, Caersalem, a trustee, spoke of the cracks. Jno. Thos. Morgan, Mynyddbach, foreman with Messrs. Walter and John, builders, Morriston, said ten years ago there was not a crack. It was then the new windows were put in. Since 1902 the cracks had enlarged at the Chapel, which he attended. Witness' firm carried out the window work. Cross-examined The span of the roof was in no danger of pushing the walls out. Wit- ness had not, seen any sign of the windows giving although there were cracks on the top and bottoms of the window. James Noyle. outside foreman, said ten vears ago there were no cracks in the walls. Richard Richard, a trustee and member of the chapel for years said he first saw cracks in September, 1908. Thomas Davies, msson Tirdeunaw, a trus- tee. spoke to pasting papers on the cracks towards the end of 1902. On the west side one or '.wo papers were broken. On going upstairs to the gallery he had some difficulty in closing the doors in consequence of the walls having given. The doors were very tight. Other trustees were called who gave sim- ilar evidence. Rees Humphreys, who lives near, spoke to cracks coming to his house about the same time that they developed in the chapel. The Court was adjourned.

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