Giuseppe Scolari, timberman, said that on the morning of the accident, he and his mate, Joe Varischetti, were taking timber along the 26 level when they met de Rubeis, who said, 'Come on in. Barney is dead. A big lump came down and all the timber too.' Witness went to the place indicated and Varischetti went to ring the accident signal. Witness saw Barney Contessa lying in the drive with a stone across his back. The stone had come down from the roof. He had been working there for the past three weeks. Mr. Rowe, the boss, came along with others and later the doctor came.
The stone was lifted off the deceased and his body was placed on a stretcher and taken to the surface.
Scolari had sounded the ground at this place every morning and it seemed to be quite safe. The boss had told them to be careful and bar down any loose stones before starting. The drive at this point was about 17 ft. wide, and 17 ft. high where the stone fell. The stone lying across the deceased weighed about 1 cwt. Another piece