IMAGE EVALUATION TEST TARGET (MT-S) ^^^.^ 1.0 1.1 11.25 lii|2i |25 S? 1^ 12.0 WMU U 11.6 Ii4l 6" ^Sdmces Corporation 4^ ^ 23 MB? MAM STRTT (714)t73-4iaat quality poaalbia conaidaring tha condition and iaglblllty of tha original copy and In Icaaping with tha filming contract spaclficallona. Original coplaa in printad papar covara ara filmad baginning with tha front covar and anding on tha laat paga with a printad or ill latratad Impraa- aion, or tha iMck covar whan approprlata. All othar original coplaa ara filmad baginning on tha firat paga with a printad or iiluatratad impraa- aion. and anding on tha laat paga with a printad or iiluatratad Impraaaion. Laa Imagaa auiirantaa ont 4ti raproduitaa avac la plua grand aoin, compta tanu da ia condition at da ia nattatA da i'axampiaira film*, at an conformiti avac las conditions du contrat da fiimaga. Las axamplairas originaux dont la couvartura an papiar aat imprimia sont filmis an commandant par la pramiar plat at an tarminant soit par la darnlAra paga qui comporta una ampreinta d'impraasion ou d'iiiustration, scit par la second plat, aalon ia caa. Tous las autran axamplairas originaux aont filmte an commandant par la pramlAra paga qui comporta una ampraints d'impraaaion ou d'iiiuatration at an tarminant par ia darniira paga qui comporta una taila ampralnta. Tha last racordad frama on aach microflcha shall contain tha aymbol ^4^ (maaning "CON- TINUED"), or tha aymbol Y (maaning "END"), whichavar aprlias. Un dea aymboiaa suivants apparaftra sur la darnlAra imaga da chaqua microfiche, salon lo caa: la aymbola — ► aignifia "A SUIVRE", la symbols ▼ signifia "FIN". iVIaps, piatas, charta, ate, may ba filmad at different reduction ratloa. Thoaa too large to be entirely Ineludad in one expoaure ara filmed beginning in the upper left ham? corner, left to right and top to bottom, aa many framea aa raquirad. The following diagrams illuatrate the method: Lea cartas, planches, tableaux, etc., peuvant Atre fiimia A dea taux da rMuction diffArants. Loraqua la document eat trop grand pour Atre raproduit an un aaui clich*, 11 eat film* * partir da I'angle aup*riaur gauche, de gauche * droite, et de haut en baa, en prenant la nombre d'Imagaa n*caaaaire. Lea diagrammes auivants illustrant la m*thode. 1 2 3 1 2 3 4 5 6 ■ R BI ■w.^ r T T^ .■5'- I'^S ^•""^ KEPORT OF A CASE, * A » ••• TRIED AT ALBERT CIRCUIT, 1852, BEFORE HIS HONOR JUDGE WILMOT, # AND A SPECIAL JURY. ;#v ABRAHAM GESNER vt. WILLIAM CAIRNS. w^ fxm i^i ^tt^c'^ ^^<<^' .^^t- ■V • - ,1»' ^|^ SAINT JOHN, N. B. PHINTED BY WILLIAM L. AVERY. mh Ife, p] Anti! fiinn Bowi Bre^ €alh Con, €utt( Edgi Edgi £sle] Fostc Good Gros! Leid^ M'Ci Robt Robe Robe Tayli an( Wett Palm Peck Steve c yfj^. T/y/"^ /?in NAMES OF WITNESSES AND PAGE ON WHICH EXAMINATION OF EACH BEGINS. PLAINTIFF'S WITNESSES. Prima facie Case. Page. Antisell, Dr. - - 49 Binney, Stephen Bowman, George Brewster, James 12 24 27 Calhoun, Reuben - 42 Con, John 22 Cutten, David - 24 1 ! Edgitt, John - Edgitt, Ward Esler, John Foster, John - 7 10 9 28 Goodall, John - 30 Gross, Samuel - Leidy, Dr. M'Clay,John - Robb, Dr. 42 66 59 30 1 1 Robertson, John 15 i Robertson, John, jr. - 19 Taylor, Dr.(depositior and A, in App. - i)30 140 Wetherell, Dr. 43 Rebutting. Palmer, Philip Peck, Thomas - 130 131 Steves, John - 131 DEFENDANT'S WITNESSES. Paje. Anderson, Owen - 79 Botsford, Bliss - - 63 Brown, Archibald - 71 Croker, Herman - 104 Deck, Dr. - - 125 Duffy, John - - 65 Duffy, Peter - - 70 EUitt, Dr. - - 121 Hayes, Dr. - - 94 Jackson, Dr. - - 107 Lee, Thomas C. - 81 Peebles, George - 106 Percival, Dr. (depos.) 93 and B, in App. - 152 Steves, George - 105 Silliman, Professor - 82 Stiles, Reuben • 63 Teschmaker, James E. 76 Torrey, Dr. - - 118 Wortman, Joseph - 103 Surrebutting. Lee, Thomas C. - 133 I > i" ■ < ■\ V ' .. v V •- -■ \if.\ \\ ^ ii", Abrat WilU First of Justic force/* Hillsbor B. Steve Decemb not rega armiSy b Secon Thiri in the pa cut down FOURT Fifth up soli, a Sixth Seven ThatC by licenc l&c, for lall their i ' enjoyr lad enter lim. W>"i|"ui I REPOKT. ALBERT COUNTY, 20th JULY, 1852. Abraham Gesner ftgaioft William Cairns. Trespass quare clausum /regit. First Count. Upon the statute of Henry the 6th, intituled ** Duty of Justices of the Peace where land is entered upon or obtained by force/* and at time of grievances plaintiff was possessed of close in Hillsborough, as tenant to James Steves, Dawson Steves, and J. h, B. Steves, for the period of ninety nine years from the 24th day of December, A. D. 1850, and plaintiff being so possessed, defendant not regarding the statute, on the 21st January, A. D. 1851, vie et armiSy broke and entered and forcibly put out, &c. Second Count. For Expulsion. Third Count. Quare clausum /regit. 1st January, A. D. 1851, in the parish of Hillsborough, &c., tore up and spoiled the earth, and cut down trees. Fourth Count. For Expulsion. Fifth Count. Broke and entered, &c., and sunk shaAs, and dug up soil, and asphaltum 1000 tons, and converted &:c. Sixth Count. Broke and entered a certain asphaltum mine. Seventh Count. jl«per/avt/, 1000 tons asphaltum. PLEA — GENERAL ISSUE. , . M = Special Notice t '• - tiii *' That Queer* possessed of all the mines &c. in the said closes, and I by licence of 11th January, 1850, to Peter Duffy and John Duffy, l&c, for twenty five years — and that Duffys assigned to defendant lali their rights, and they ought to have necessary way over the closes r enjoyment of the mines and buildings necessary ; and that plaintiff lad entered mines, and was carrying away when defendant opposed »im. ! I Mr. Smith opeus the plaintifTs case. Two first counts are for forcible entry. 3d. Quare clausum /regit. We will show title to the land. One question will be whether asphal- turn or coal. I'o four acres we have right by title and possession. Piaintifl* in quiet possession when defendant and others cunne and drove him oft'. They have been from time to time removing as- phaltum, and other substances which we are entitled to. The deposition of R. C. Taylor will be read. He says it is not coal, but osphaltum. EVIDENCE ON THE PART OF THE PLAINTIFF. lot. An assignment of a lease from Christopher Milner to Abraham Gcsner, of dale 27ih December, 1850. Recited a lease from Dawson Sieves to Milncr, of the bitumen, asphaltum, &C., on sixty six acres, for twenty one years, at one shilling per ton on asphaltum, on land heretofore granted to one John Martin, and also recites a lease from Robert L. Steves, and also a conveyance of four acres from Dawson Steves, James Steves, and J. L. 6. Steves : consideration i£4000, and all assigned to Gesner with acovenaqt for good title. Proved 9ih January, 1851. 2d. An indenture of lease, dated 24th December, 1850, from James Steves, Dawson Steves, and J. L. B Steves, to Christopher Milner : consideration Is. — granted, leased tract, &c., piece, lying southerly of Robert Sieves's lot, being part of lot commencing on south line of Reuben Steves> north corner of D. Steves' land, thence south up the vault on said Dawson Steves' line until it strikes the north west corner of James Steves' land, thence following the side line between James and John Sieves, an easterly course 100 yards, thence north- erly till it strikes said Reuben Steves' land 100 yards from first bound, and thence to place of beginning, containmg about four acres — yearly rent of i£10, and Is. per chaldron on bitumen or other treasures of the earth. Acknowledged 24th, and registered 27 ih December, 1850. 3d. Indenture 24th December, 1850. John Steves, to James, Dawson, and J. L. B. Steves, in fee. Consideration Is. Same de- scription as preceding. Acknowledged 24ih, registered 27th Decem- ber, 1850. 4ih. Deed from George Steves, and Eliza his wife, to John Steves, 16lU March, 1848 : consideralion .£80 ; two pieces land of a lot granted to George Steves, as described as lot No. 1, beginning at a hollow or vault on west side of grant, ihence following brook up ftream for nine chains and fifty links at right angles with side line, thence east, parallel to side line, to edge of meadow, thence north 80 east to side line of grant, thence west on side line to first bound, {K acred. Acknowledged 27th December, 1850, registered 27th De< cember, 1800. 6th. Grant from the Crown to George Steves, a lot, No. 1, in second range, west side of Petit River, abutted as follows, &c., except dec. all coals, and also all gold and silver, and other mines and mi- nerals. Dated 8th March, 1813. Plan annexed. John EdgUtf Senior-^'Sioom on voire dire. In chief. I know the parlies. I know a lot granted to George Steves, No. 1. I have known the lot for 15 years back. I know the asphaltum mines. [Kerr reads description from deed — George Steves to John Steves.] I know that these 54 acres are on George Steves' lot. No. 1. [Kerr reads description of four acres.] I know that piece-^the mines ore in that piece. I think Gesner was there In 1839, making a Geological Survey. I was then with him at Fre« derick's brook ; we saw pieces in the brook, but not the out-cropping. We made a fire at that time out of bituminous rock or shale — it was not this material. Milner was at my place at the time he pur- chased. Cairns was then in the place. I was told then that Allison had a lease, and that Cairns was concerned with him. All that time Cairns had nothing to do with this place that I was aware of. Cairns was searching, and I wrote to him, and he told me he had received the letter, and I wrote him after that again, and he said he had re- ceived my letter : this A^as before the purchase from Dufiys. I had a conversation at my house about Milnsr's purchase. I told him he had better secure the rights of entry by lease or purchase — that I thought the lease did not give him the right of entry. He said he could dig and go where he pleaned } he would ask, and if leave was refused him, twelve m«n could settle it. I saw shaft when DufTys worked it, and shortly afler Cairns went there. DufTys then had from 200 to 300 chaldrons at the pit's mouth. Gesner's men were working to the eastward of the other party a short distance, but had not raised any coal or asphaltum at that time. I think Cairns had not raised any then, but was getting ready. Out house rough boarded, where men lived, that was on ground described as Gesner's. Cairns may have been there a week before I saw him there. I have seen asphaltum. I have melted it in coal tar, oil, and tnrpentine, and in a close vessel without any sol- vent-— an ifOQ tea kettle is best. I used it last year melted in coal tar for paying a boat's bottom. The piece I melted in coal tar I got I I 'II I 1 from I)ufl>'8. I tried tlic first experiment llie lost of May, 1851. 1 have tried it for boots to make tli^m waterproof. I melted that in oil boiled. I think broken up smoll, it would melt in lest than half an hour. Just after T finished my boat, Professor Taylor and Dr. Robb were there. Taylor !» deaa now. They were employed profes- sionally ttlthc mines : this wp.s the latter part of May, 1851. They lodged at my house while in the Ccanty. I gave them specimens which 1 got out of the mines. Dr. Robb saw me finishing my boat, nnd I gave him specimens of it after it hod hardened. I have put it on barrel staves and shingles. I have tried it at the flame of a candle, and it will drop after the outer crust is removed. It first blazes and burns, and forms a crust, and if you knock that off it will run by a candle. It is good to kindle fire with, and is very inflammable. It is harder after cooling tiian before. ! have melted and poured it into a bottle : this is a piece so treated, mixed with coal tar, which I had for paying the boat. This is a piece mixed last Satuvday, half coal thr. This is another piece melted in coal tar, half and half as to bulk. [Several pieces of the same mixture were produced by the witness.] During the adjournment I put a small piece into this bottle, and put some turpentine in, and dissolved it into this liquid over the flame of a candle. This is mixed with linseed oil, it is quite soft — it was of pieces cut from this that I mude this fluid in spirits of turpentine. I am 63 years of age. I have been all my life in this country. I never heard name of asphaltum until this discovered. I have seen the ma- terial years ago, but did not know it as asphaltum. Some time in 1649, 1 think, that the asphaltum was discovered. ' Crosa-examinedhy Gray* I have heard for many years past that there was coal up Frederick's brook — fifteen years ago. I was under the impression there was coal there from finding such on article as this. When I was with Gesner in 1839 or 1842, we found an article called bituminous rock. Gesner told me that this article was not coal, but that the other was. He did not say what it was, he said some called it jet. He was then Provincial Geologist — he did not tell me it was a valuable article. The other kind which we burnt was abundant all round — it was a brownish color : we did not burn this kind. I did not weigh the coal tar or the other. I mixed paint oil and coal about equal, and made this, and then I me ed it in turpentine. The coal I used I got from * The names of the coutiRel who took the different cxiiniinations not liavin; heei) nlvvays taken down, they have been anpplied as far as possible by one of li^e defendant's counsel. '>cjo.e. the minei in November or December, 1651. I iried an t-xpcrimeiil with tome brought by my teamt and some in paying the boat : it was covered with specks. If snnd were stirred up through boiling tar it might be put on. I broke it up fine, not to a powder, but to small pieces. When I commenced the last experiment there was no one present. Isaac Grose, Jr., came in aAer I had done. Yestesday morning I tried to melt some by heat, and it went to coke. If you malt asphaltum and cool it, it is the same, but what I burned yester< day took fire and left coke. Coke can be made by aaphaUum. Cairns had not purchased when Milner was there about the bargain. When Milnerand Cairns were looking about, Allison had a lease in West* morland. Duffys worked all the summer of 1850. It was very early in January, 1851, when Gesner*s men were at work. Cairns went to St. John, and came back and went to work : this was the same time as I referred to this morning. Re-examined by Kerr. Gesner did not tell me whether it wus or was not coal, but he said some called it jet, and others lignite I think. I am sure what I used came out of Duflfys mines. John Eilee. I know C. Milner and William Cairns. I was employed by C. Milner to go into the woods. I made a piece of a fence by his di* rections on a line between land that Robert Steves owned and land owned by James, Dawson and John. I did not make the fence as far as he directed. I got lame and quit. I went back and saw Cairns. I was there six days. Milner paid me. While I was there William Cairns, Barber, and several others came. I told them Milner put ^^ ^rt'i: ,impm.rik mi wtfmQ mn In Chief. I know the parties, t know the place wliere aspWtiiin is got, since 1849. I was in Gesner's employ m Jcinuary, 1851, on that place. John Robertson, his son, myself, Mr. Binne*". Dalxrsott and James Steves. Dawson Steves put Binney and P?. Cresner*ii men in possession. Binney was acting as agent for trcbuer. We went to work. He shewed us where the land was, and we went to Work on the four acre lot so called. There was snow on the ground : 11 it was tbe 9th January, 1851. We went to work cle&ring away ihs 8D0W, and for mining. Cairns, and Brown, and Workman, came the first day while we were at work — where we commenced was 300 or 400 feet from where Duflfys worked, and there we commenced dig- ging for asphaltum. When Cairns came he forbid us working there — he forbid Binney or any of his men ; and Binney said he would take the same opportunity of forbidding him. Cairns said he was aware he himself was a trespasser. The four acre lot was not disputed then. We continued on working, and next day Cairns, Wright, Bots- ford and Workman came, and forbid again. We still worked on. Binney was not there. We worked on until the 21st January, and had raised about half a chaldron. Cairns came and asked if we would give up possession of the place where we were working, and we said no. Myself, Robertson, George Bowman, John Bowman and StilN man Downie were together, and he said he would drive us olT by force. He went back, and returned with 23 men, and we had to leave or do worse. Cairns ordered the men several times to come out of the pit : they came out and left in consequence of his warning. As one of our men was winding up, the windlass hook flew round, and Cairns said there would be bloodshed : they boarded up the pit and left men to watch — they had one gun. I siinuld not like to have gone back. I made an attempt one day to go in, and they told me to keep clear. At the same time they were working at their own place. When I came back, the half chaldron we had raised was taken away. They kept on raising, I can^t tel! how much, till the 4th February. A team could haul from one to one and a half chaldrons at a load— and haul one or two loadd a day, and with the teauis they had could haul 10 to 20 loads a day : in all they hauled 10 daya before the 4th February, making about 200 chaldrons. There were different roads for hauling timber. Cairns' men kept cutting and hauling timber for bairing up the pit. I donU know where they cut. The asphaltum hauled out was shipped away by Cairns. I have seen asphaltum melted. I assisted my father last Saturday. The material he had came from the mines. On Saturday last I dissolved some equal parts of paint oil and that, and boiled it ten or fifteen minutes, when it was dissolved. We turned it upside down, and every thing ran out — there was nothing left behind. I saw my father put asphaltum in a bottle, and melt it in oil. Claims commenced putting up a building on the four acre lot before the 4th February, for a blacksmith's shop. I vaa frequently back after the 21st. The soil has to be broken to sink a.pit. I think i.ar shaA was six feet by twelve. The one they suak was, about ^x by twelve too. CanU say how deep. If the Iff fi! n I \ timbers were to give way, the soil would fall in. A great de«l of •hale is tftken out and piled round, lo that the land can't be tilled. I should judge there was an acre lumbered up and broken altogether. Cross-examined, In 1849, Duffy commenced workirg. Dawson Steves shewed us where the line was between him and Robert Steves. The Robert Steves line is to the east of the shaft. Cairns said he forbid tftera raising coals or minerals of any kind, or working on the land. We went to raise minerals. Cuirns told us not to go nigh the pit, but he did not tell us tc go off the four acres. When Cairns said he was aware he was a trespasser, Botsford, Wright and others, were pre- sent. Wright read from a paper ; he said it was their claim from Duffys. Cairns had hay piled there. The material we used came out of the shop, out of a pile which came from the mines. I put it in a pot and it melted before the pot became red hot— oil mixed with iu Re-examined, I have melted it in a candle. At first a shell is formed ; knock that off; and it runs. We found Cairns' men working when we went in on the 9th January. By Judge, When applied to a candle, it snaps and flies off. I have seen it used in a forge, and blacksmith's work done by iu , .,.„v , , v> ^^^^ Stephen Binney, I know both parties. I know the place in the lease from Steves to Milner. I was on the ground the 9th January, 1850. 1 called on them to go and point out the land, so I could select the spot to work. [Attorney General objects to any act of Steves' after he parted with the title. Judge admits evidence of act of Steves in pointing out bounds of the lot.] I went by instructions of Gesner. James Steves lives on the right side of the road to the mines, Dawson lives on the main road to the settlement, and John lives on the main post road : they went and showed me the line betr/een Robert and Dawson, and James Steves. I saw lines. The asphaltum mines were pointed out on James and Dawson Steves', or what is termed the four acre lot. After that (9th January, 1851,) I took in Robertson, his son, Ward Edgitt, and one or two others. I think five in all commenced dig- ging that day — shovelled off snow and chopped down trees ; it was about 100 yards from the slope where Duffys worked, and where Cairns' party were then at work making preparations for raising 13 asnbaUum. Whilo my men were at work, Cuirnscamo in an excited manner, and before he got to us called out and forbid them digging. I turned round and told him we should continue to dig till we came to gold, silver, or coal, \vhii;h we should leave for liim, but any other substance I should dig and carry away. I then said I took that op* porlunity of forbidding him and any of his men from trespassing on Dr. Gesner. He Said he was aware he was a trespasser. I gave him to understand 1 was there as ngeni of Dr. Gesner, who repre- sented the owners of the soil. I went away the same afternoon or the next day, and I left orders for picks &c., for raising, and when f came back the men were off: the expense of the men and the articles furnished would not exceed £25. ft wns about the last of December; 1850, when Mitner purchased. I met Cuirns going to Saint John. Milner was present. Shortly after Milner purchased from the Steves^ Cairns was aware of Milner^s purchase, but ho had not then bought from Duffy the four acre lot. Cairns and Milner had a long discussion about what was a mineral. We were on board of the steamer at Dorchester Island, I think near the middle of December, and before Milner purchased the faur acre lot. Milner did not keep the matter a secret at all ; he previously offered his rights to me. ■ Examined hy Gray. Cairns^ men were at work when I went. I had not had possession before for Gesner. The men were forbidden to work. I had for- warded a letter to Duffy from Gesner for license : an inquiry was made for Gesner. 1 had no authority to purchase for Gesner. In December I was negociating for Gesner to purchase a warrantee title. I had a conversation with Duffys at Saint John one day. I had a communication from this Coaniy, that Cairns was then purchasing tho mines. 1 then went and asked them whether their license was sold, ond I asked if open to bargain for Gesner. I telegraphed to Gesner. The wireadown — no answer till the 12ih,when it came. They had been at my quarters before it arrived — ii was, " I will give £5250, (warrantee title, one-third down. 12lh December.^' I read it to Duffys same day, and I saw nothing more of ihem until John was waiting at Hotel next evening to see me. He then told me the bargain was loff with Cairns. 1 put the question to Duffy — if your bargain is >roken off and you wish me to remain, I will stay ? 1 telegraphed to resner that Cairns had offered £5000, and he answered give £5250. Nothing would have induced me to give that sum without the right of soil. I advised Milner not twenty four hours before it was done lu ];et a lease firom Stevt^s. o?*.- .rf: tr /; ' i-.- ■ ^ . : ' ? B M 'it :Hf Witness offers a copy of a iclegrapliic communication — Allison to Gesncr — Gray objects. ^s i^ .rt >^i 'p ■: • tm 16th December, 1850. Allison to Gosncr, " Do not conclude with Duffy till you hoar from i.\e. E. Allison." ,j^ Court adjouruud. , ; ■ ' ' ' ■ "'"''-■•'' r WEDNESDAY MORNING, 10 o'clock. = tr :;o n\ S. Binney^s cross-examination co7iiinu€d. ^ ' . , When I shewed Duffy, Gesncr's offer, ho expressed regrel it had not come sooner, as he had made arrangements with Cairns, and in a great measure concluded — this was on the 12th. In the evening of the i3th, Duffy called at the Saint John Hotel, and said the bargain was broken off, and wished me to carry out arrangements with Gesner, and on the 14th I telej^raphed to Gesner, that Duffys had concluded to sell to him, and for him to meet them at the Bend on the Thursday following, and on the 16th I received this telegraph from Gesner, " All right, I will come by next mail." Peter came the evening be- fore Thursday, at the Bend, and asked me to postpone the arrange- ment for a few days ; and after he had loft me, I heard he was on his way to Saint John, to complete an arrangement with Allison. I received a letter from New York, from Henry Gesner. After I heard the bargain had been closed, I asked Allison if he would part with a share to Gesner, and he led me to believe he would. 1 recommended Milner, on the 24th December, to get four acres from R. Steves. [ knew Duffys had been mining on the four sn'.ro lot. The place where Dawson Sieves pointed out the bounds, included the place where the mining operations were carried on. vw 4,,ij^,;, , j; Re-examined by Kerr. I think Gesner had his first communication with Milner as early as October or November, for the purchase of hie leases. I telegraphed to Gesner that I understood Allison had offered Duffys i^5000. I cot that impression from rumours in Saint John. There had been pre- vious negociations between Gesner and Milner, through me, for a purchase of the private rights on a large portion of the lease on which the four acres were situated. I mean the rights of the Owner of the soil. I am aware there was an answer given lo Allison's communi- cation to Gesner — this is a copy in Gesner's handwriting. I mailed the original myself I think. I saw an answer from Allison to that letter. Gesner had it. Gesner remained at the Bend some days — more than a week. Gesner waited and received his reply at the Bend, and in the mean time negociations made with Milner. ;old or i find we men bes then timi a chaldr nct'al. go away He aske He askei said he i three m( one side men to fi lialf hilcl 15 Allison was making a bargain himself. Allison's answer to Gcsncr was that he had purchased it himself. Gcsner practised no deception. •i; K.', I bargain 1 Gesner, eluded to rhursday I Gesner, sning be- arrange- as on his lison. I r I heard rt with a amended tevcs. [ :e where ^here the early as graphed 0. I got )een pre- le, for a on which ler of the ommuni- I mailed n to that me days reply at 1 Milner. j^... I have been in ^his John Robertson. I know the parties. Preside at Hillsborough. County since 1850. I heard of mines. I have been a miner since eight years of age. 1 am 15, and was born in Scotland. I came to this Province twenty years ago. I was engaged in mining in a colliery in Scotland, in Baird's mines, and other coal mines, from eight years of age to 1832. I worked in Nova Scotia, in the Albion mines at Pictou. I worked there 17 or 18 years, I was in the United States five or six months. 1 was employed by DufTys when I first came, to set their mines agoing. I went there the 8th January, 1850 : no mine there then : about three or four feet of the surface peeled off: ap peared to me like anthracite coal. I told them it did not look like common coal. I asked DufTy if it blazed, he said yes. I said this docs not look like a coal vein, for all the shale butis end on. I know the four acre lot : know Milner had a lease from Steves. I know the land and the boundaries. I know persons owning land around it. I first became acquainted with this lot in 1851. Binney hired me to work for Gesner on the four acre lot : this was the 8ih or 9lh of January, 1851. Binney, Ward Edgiit, Robert and Dawson, and James Steves, went out wiih me. I set men to shovel away the snow to sink a shaft. We had not worked long, when Cairns came and forbid us all from working and raising any of his minerals, or something to that efTect. He said one could not stand for the other — that he would take us all. Binney then forbid him to come and molest any of his men from dig- ging on the soil, and said we'll dig here, and if we find any coal, or ;old or silver, we will leave it for Government, but whatever else we find we will take away. Binney went away ; and there wore five men besides myself. We dug down 17 feet to the top of shale, and then timbered up our shaft, and began to raise nsphaltum : we had half a chaldron up when Cain carae up, and said you are raising my mi. ncral. He looked at a piece, and said, if you give up possession and go away quietly, there will be no more about it. This was in January. He asked again if I could give up possession. I told him I could not. He asked Edgitt the same, and he answered he could not. He then said he would get his men and drive us off. He went and got twenty three men, and brought them with him, and drove us off. He took one side of the shaft, and ordered our men to come up. I told the men to fill the bucket. They came up, and I took the rope and put a half hitch on, and winding it up it flew over and nearly struck one of It' I % 16 Cairns' mnn, when liesalil,ljc civil young man or there will be blood- shed. Cuirns then ordered Hrown, his man, to take down iho windlass, and I said, Mr. Cairns, I forbid you or any man from taking down my works. Tho rope was taken ofT^ and iid one side, and windlass too. He then ordered his mep to cut boards and nail up the pit. As a man was nailing I forbid him. Cairns and his men remained there till they built a house over the pit, and a place for a man to stop in. We had raised about half a chaldron, and Brown ordered his men to wheel it away to the other mine. I forbid him wheeling it away, and he said he wished there was more. While they were working, our men worked too. I told them to make all tight. Cairns was there again next day with Brown, and asked me if I was waiting thereto keep possession : he had men sitting round with arms. I said I was sitting there keeping possession ; that he had driven my men out of the pit, and I was sitting there till the law put me in. Cairns said, if he thought I was keeping possession he would drive me further off. I said it was a strange law, to drive a mnn off his own property. When Brown forbid him. Cairns said he knew he was a trespasser, and he was prepared to pay for it. I do not consider it coal. I never saw coul like it. Never saw coal in such a formation : there is no regularity in the formation — there is no roof; if it had, the shales would be parallel to the vein, but the shales lie sometimes vertical and sometimes horizontal. I never saw a coal formation like it ; the roof and floor of a coal seam are always parallel to coal. Some coat has fire clay as floor, and some shales, and Are clay contains plants called stigmaria. Every seam of coal is generally uniform in thickness. This formation has none of the appearances which coal beds have — it has neither a coal roof, nor a coal floor, and is not uniform in thickness, but it varies. I have seen it not two inches thick, and I have seen it fourteen feet. I have seen a good many veins in different directions — small veins. Coal never runs in such a way. It varies in its course. A person cannot depend upon its course for a distance of twenty feet, which is not the case with coal ; the veins go off" at right angles, which is not the case with coah the roof and floor of coal mines are like the bark of a tree. It does not break up like coal. All coal has a cleavage one ;Way ; this has not. I have discovered some soft asphaltum in that neighborhood. These are the specimens ; they were found in this Province, in the neighborhood of the mines : they are soft. This is another specimen called petrolium. These specimens are in their natural state, as when found. I have seen a good many springs of naplha in the vicinity of the mines. I have tried a good many expe- 17 riments : first was, I molted some to put on my hoots. I melted that in hogs fat: the next time in linseed oil. Many people would scarcely believe it was the stuff. I have melted it in its natural state. I can boil it in a kettle without any solvent. 1 saw it melted in coal tar, and saw Edgitt^s boat graved with it. 1 have tried it with u candle : it will melt and drop. I have tried it before a great many persons. After it cools it presents the same appearance, when broken, us from the mine ; it is not so with coal : it will not melt — it will burn away. This asphaltum is lighter than coal. 1 have seen it float on the water in the mines. The soft specimens will float too. When I first went to work. Cairns was there on the four acre lot, working their mine-^sinking a shaft. The ground was a good deal encumbered with rubbish ; they were cutting timber and making ditches and drains. They were raising daily from the 9th to the 2l8t January. We con- tinued on there till the month of May. They hauled out to the shore. Some days more teams, some days less. I have known th ?m to raise 16, 18, and 20 chaldrons in 12 hours, and they hauled it out as it was raised ; they worked night and day. I would say 200 chaldrons were raised from the 9th to the 21st. I have heard that it was sold ut Is. 6(2. a bushel at the mines. Duflys sold it at the mines for 15s. a ■chaldron. Cairjis said he wouUl ask more. Examined hy Attorney General. My information is derived from practice as a miner. I have been in Dr. Gesner's employ since 1851. I worked about three months for Duflys. I might have been at work an hour or two when Cairns came up ; he forbid us to dig or raise a.iy of his minerals. 1 did not hear him isay we might do what we liked with the soil. Binney said, *' We will leave gold, silver and coal for you and the Government, but whatever substance else we will take." Mr. Wright came one day and th-rew off his coat, and said don^t think we have come here without a title, and commenced reading. He asked me if I was dig- ging for coal. I told him no, I was digging for asphaltum. After Cairns forbid us we continued digging in the shale, and there was no other interference until after we had raised about half a chaldron, when Cairns said he thought it was high time for me to stop, and if I would give up possession and go away quietly, there would be no more about it. Had Cairns not interfered I should have gone on with the work. I know the bounds of the four acre lot. The shaA we were sinking would have come into the same vein Cairns was working. I did not come to the roof of their level. After we wrought down, w-e went down on Dufl^ys gangway. Cairns was not working in » DufTva lnvGl8. VVe rcmainoil there nficr Cairns ordered us out of ihe simft, and worked. Next dny he told us if he thought wo were re- mtiining to keep possession, he would drive us oflf. I continued on tho ground until the month of May. After they shut up the shaA they did no other act to us, and 1 remained at my work, and they did not in- terfere with us. I had nothing to do with the soil. I went home at night and returned in the morning. 1 left men there with a double barrelled gun and a brace of pistols. I left on my master^s orders, in xMay : [looks at bright "piece] — this is asphaltum, it is not coal ; it is black like anthracite coal. 1 call it asphaltum, because it melts. This will melt and drop if held in a candle. This is the same kind (bright) : will melt in a tea kettle, and you can pour it out. Fill the kettle half full, and it will not melt till it is flowing over into tho fire. These (soft specimens) did not come from the same vein : about three miles from the Hillsborough mine — more than three miles in the same course. I consider the substances are the same-— the one harder than the other. I got the petrolium in another place : it is dis- ijllcd from the others. I will not swear the soft specimens were \gs9 than ten miles from the mines. I think it is less than ten miles from the mines : it might be more, it might be less. I can find it in more places than one. I found the first soft specimens last Winter, 1851. I found the marked specimen in the winter of 1851. I would not like to swear that I found any ol' these soft specimens in Albert, but I have found some like them in this County. I collect specimens. All the soft specimens I have collected since I came to this Province. Ge«- ner marked this : he wrote the label after it went tc Halifax. I will not swear it came from Hillsborough. It came from the Petitcodiac river, on the other side. 1 don't know why Gesner marked Hillsbo- rough on the specimen. I have traced shales formation more than 10 miles, but not out-cropping of veins. I know Ayres' farm in West- morland. There is a petrolium spring there. I found the petroliuna there : it is not the same as the other. I got some soft specimens on this side of the river. I know Stony creek — I got some from there. This large piece will sink in water, but in small pieces it will swim. I have pulverized some of it, and it is then as black as tbis. Last Saturday week I went up to Stony creek, and got some pieces of soft asphaltum for the purposes of this trial. I can't say these are part^- a part of them : they may, or may not be. I was ordered to give it to the men who came for it. I considered it asphaltum then. Duffy sold it 15». a chaldron. J could not sell it for any other thing than coal. A good deal was sold to blacksmiths. 1 do not recollect that about twelve months ago, I told any person at Slony Creek thai this was eannel coal. I never said on any occasion lo any porson within tho last twelve months that this wqh pure cannel conl, lo the best of my recollection. 1 think 35 to 40 is tho highest angle of coal stratum 1 ever Worked in. I believe there nrn some higher. 1 was in oiilhru. cite coal mines la the States. Some of them vertical — similar to this. . . , Re-examined by Kerr. I did not endeavour to conceal the place from any suggestions of Dr. Gesner. I don't know of my own knowledge who put the label on this specimen. I sent it to Henry Gnsner to send to Halifax for Dr. Gesner. Next time I saw it was in Halifax. I have pome more specimens at Mr. Calhoun's in a box. There are two or three places where this comes from. This piece came from Stony creek, on this side of the river. [Kerr produces a box full of specimens on re-exu- minatlon, and Attorney General objects lo their production at this stage of proceeding. Judge refuses to allow them in evidence.] I think this came from Stony creek (my stamp). When I spoke of neighbourhood of mines, I meant the neighbourhood of the course of the vein. Take about a N. N. £. course from the mines, and it will bring you to the place where the soft specimen is found. That is what I meant by neighbourhood in a north west course : about a mile I found soft specimens. [Attorney General objects to any re-examina- tion, except as to specimens before the Court. Gray — " The diflicult}' could have been obviated by themselves." Judge allows the ques- tion " As to where soft specimens collecled."] Some soft specimens I collected about a mile from the mines in the summer of 1851 — a few pieces. I shewed them to John Edgiit : no* in range of the same vein, but to the north west of the mines. I could take a man to that place yet. I had no other motive for concealment, but to preserve the secret of my discovery. The shaft I sunk, struck to the old level abandoned by Duffys, and not the slope in which Cairns' men were working. We went to the mine of asphaltum, and when stopped by defendant we ceased working, and I remained to watch defendant, and take an account of the materials taken away by defendant. By the Court. — The kettle was not at a red lieat. , j,,^ John Robertson. Junior. ; , ■a-tr^; i .''U.<: ■.,..,' : iH'.'i •*•.!! riHl ij: ill' I am a son of the last witness. I know the mines since 1851. I. was in the employ of John Duffy, in the same place as Cairns is now at work. I worked two months and six days. I was employed by DufTy in January, 1850, and worked till March, and we all left. We came back ia April or May from Piciou, and went to work for DufTy It: I i ■! : 1 ! -t". 1 :i 20 in August. We did not go to the some place, but at the ftlope. I know DuflTys level, I worked in it ; but after I came bock in AiiguRt, the bnck part of it was coved in. We worked at the slope about 40 yards from there. After I left Duffys, I was working for Foulis. Dutfys left about 1st January following. They hod the slope down about 100 feet, which would moke 50 feet perpendicular. It was called coul by some, and osphaltum by others. I was there when Ester was there fencing o four acre lot. No one hindered him while making'a fence. I heard Ester forbid Cairns going on the four acre lot. Cairns said " quite so, 1 meon to go ahead.*^ He did go ahead. I was with Binney there. We went to work the 0th January. We commenced digging 30 or 40 yards from where they were digging. We come down to the osphaltum, and hod we gone far enough, we would have come to Duffys level. We had token out oboot half 8 chaldron, when men were out to wheel it owoy. Cairns come him- self, and forbid Binney from raising ony of his minerol. Binney said, I take the privilege of forbidding you from molesting my men. About the last of January, I was in the pit when they come. 1 was ordered out by Coirns : he hod 22 men. We left because we were forced to leave by the men. Cairns said " come up out of that.** We then left ofT working ot the osphaltum. Cairns sent men to close up our works. Cairns come and said, ore you staying here to keep possession of the shaft : my father said, he was keeping possession of the land. Cairns said if they were keeping possession of the shaft, he would be obliged to take a step further. Coirns* men hod a gun and a brace of pistols. I remained with my father till the Ist May. He was keeping on account of haulers* names and the amount of stuff hauled. I can't say how many teams there : they would haul 30 to 35 chaldrons a day. They would take out during the month of Jon- uary, from the 9th January to 4th February, 15 to 20 chaldrons a day for 22 working days. I was with my father when he got this at Stony Creek (the stone specimen), about a year ago this summer. We were exploring : to the best of my knowledge this is it When we first took it out the black part appeared as hard as the other, and flakes come off and flooted on the water, and after exposure it be- came soft. To the best of my knowledge this belongs to the same place OS the other. The Stony Creek I mean was on this side. My father got the pieces I sow, on the other side of the river. I sow specimens like this petrolium got at Dufiys place, about four miles from the mines. This come from the Hillsborough minea (the shin- ing piece). I know where this come from. I have token pieces of the same sort from Stony Creek or Peck's Creek on this side, one and 21 n half or two miles from the mines : it puts into Weldon's Creek. ( could go to the same place now. I last Winter broko up some, and put it into grease, ond melted it, and put it on my shoes. This will melt, fur I have melted pieces like it, which I got out of the mine. I have moiled it in the bluze of a lamp. It will run through the crust. I melted some in a tea kettle. I would put a quart of this in a tea kettle, which would hold a gallon, and it would boil up and fill tho kettle. 1 saw my father boil some in a kettle. I have seen this box before : it is my fatherV He got the box, and put the specimens in it. I donU know who brought it down, but my father brought it out from his house : some of them c;ot a year a;;o. It might be one and u half miles from the mines, where wo got some specimens, about one quarter of a mile below Bowman's mill — not on a range with mines, but to the north west. Cross-examined. I am 18 years old. We got the soft specimens in the creek among rocks. To best of my knowledge, I saw my father get these, and to tho best of my knowledge one came from Peck's, and one from Stony Creek. They got soft after a while. The bright piece does not grow soft. After the melted part poured out of the tea kettle, there was something like a crust in the kettle, same as what was poured out. What was in the kettle got harder from the heat I suppose. The longer you boil it, the harder it gets. I believe so. There is a high range of hills between Peck's creek and where the mines are. If our shaft left open and filled with water, I donU know but what water would run through. I saw the water come down overhead. I dont't doubt the water would have run down through the coal. Cairns said " I forbid yo i touching or molesting any of my minerals." I knew he meant the thing he called coal. We did not know who was the right owner of the black stuff. I knew the land was Mr. Gesner's. My father was employed to dig the asphal- tum. The parties were disputing about the black stuff. Cairns said to come up out of that, and not be digging his coal. There was some of the stuff raised when Cairns bought the mines, perhaps 100 chal- drons, perhaps not so much. There were teams drawing for Duffy and Cairns too. The two piles were not far apart. My father has not had a gun or pistol in his house for 10 years. Ester had not made much fence when he was forbid. Ester was fencing on the road when Cairns was coming in. No person stopped him. Re'examined hy Kerr, Ester was stopping up the road and fencing all round. We would hove been obliged to keep the water out of our shaft had we worked ; c and theroforo no water would hnvo run into Cairns* works. I don't think DuHys had 100 chaldrons raised, but they had more than &0. John Con, I know the porlics. I am o Scotchman — a miner, working mostly in cool. 18 years ago, I landed in Piclou. I wnrkfd coal in Ayr- shire, in Scotland. 1 have worked since I was 10 or 1 1 years of age. I worked 15 or 16 yearn in the Albion Minos. I wns belter than three years in the United States, working anlhraciic and bituminous coal. 1 have worked at the Albert nnd Hillsborough Mini's. I went to the Hillsborough Mines lust summer, and stopped till December, and then went into the plainiilV's employment. I have worked nt the Josgins too. 1 know the Albert Mines took fire in September. I was then away. 1 had worked in ihem before the fire. The appear- once after the fire was dilferent. Some of the timbers scorched and burned, and some of the osphaltum melted, and run in the bottom of the level. Another man and I broke it up. I nskcu Brown what to do with the melted stuff — whether to send it up. He said yes, to be sure — it ought to be double price, it was refined. It hud run 6, 7, or 8 feet, where melted. Il looked dirty on the top, and at the heart it was quite clear. I was at the Pictou Mines when thry took fire 3 or 4 limes. I never saw coal melt and run. When cleaning out the Pictou Mines there was nothing but coke and ashes. This mine has not the appearance, nor does it carry the formation of a coal mine. The vein cuts the shnle, and it has n great many small veins mining off — never saw the same in coal mines. Coal carries its floor and roof with it— parallel with vein. This mine has not that. This varies in thickness, lut coal mines do not without coming on to step or dyke. Mining is not tho same in this mine, as in coal mines. Coal lies in a bed, and this is a solid mass, and is different from any coal mine I ever saw. I have melted it, and put it on my boots — melted it in oil nnd made a bright polish. I saw il melted in linseed oil, and hogs fat, and I have melted it alone. Some coal deposits have a fire clay floor, and some stone. We find fossil plants about coal beds. I have seen nothing but fossil fish about this mine. I never heard of fossil fishes about Pictou or Joggins' Mines. 1 never saw branch veins in coal mines. Coal lies in strata, and can- not be split perpendicularly, but horizontally, and this mine will break any way. I saw Mr. Robertson melt it in hogs lard and oil, and without anything, in a tea kettle on a fire, and after, poured it out ; and it got hard and brittle when cold. Coal cannot be melied that way. I tried last Winter with Grand Lake coal and the mw u Juggins coal, and the coal would nol melt after bulling half a duy in oil. I have neoii sumo soA liko India rubber about thu place — not over half a milo from the mines. The vein 1 saw was not over a quarter of an inch thick. This mine smells difleient from coal — a sirong nnsty amoll. The water from this mine has a lead smell, but I cun*t say much as to its ditrurcnce from a coal mine. By Johnson. I worked perpendicular veins in the States, ond the floor and roof were at the sides. There is something similar in this mine, but the shale is end on. I have seen some of the shule twisted, after being exposed to the sun — looked like horn. I never saw it overhang six feet in six in height. On the north west side of the vein, I saw fossil fishes. I found no fossil fishes in Pictou or Joggins. In the States the anthracite lies in beds, and breaks like other coal, but it is very hard. CanncI coal breaks all one way. The shale on the south side leans different ways. I can't say how the south side dips. You could not turn it so as to have a floor or roof, because the layers of shales come end on to the vein. I am employed now for Dr. Qesner, sinking a shaft not far from half a mile from Cairns' shaft. There are about 20 men and upwards engaged. We have got down 80 feet. We began in June. VVe have raisec^ some black stufT. Ro- bertson is boss, and Gesner superintends. We have taken up three chaldronH, more or less. We found the soft stuff there in the shale. The shale lies the same as the others. 1 will melt it outside. [Is shewn a specimen by Johnson.] I think this is anthracite coal. [Is shewn another.] I call this cunnel coal, or parrot coal. Its cleavage is all one way — heat it and it will split. I have seen Egyptian as* phaltum in Nova Scotia and here. I see no odds by that, except that it is softest. It has some smell when heated, and the same taste. I saw a jog in this mine last summer. Re-examined ly Kerr. They might as well say shoemaker's wax is coal, as to say this is coal. This mine has no floor or roof. I think it has been hove up by the action of the earth between the shale. There is no pressure on it, as on a bed of coal. This shale is bituminous, and burns better than some sea coal. I never saw shale in coal formations burn. Henry Gesner hired me. I do not know Dr. Gesner u the hiring, and I do not know any connexion between Gesner and his son, and this matter. There are two or three small veins where we are now, and they intersect rocks in the same way as the olher mines. The veins arc very irregular ; in some places thin, and in other places I ; 24 thick. Il lias no formation of cool veins. I could not tell Egypliun asphallum from this, when lying side by side, from iheir looks. Court adjourned. THUBSPAY MOBNIKO. 22d. David Culten. I reside in Shepody. I am a blacksmith. I worked here a year ago in May. 1 use Joggins coal, charcoal, and Grand Lake coal. Before I came, I worked with Pictou and Sydney coal. Six years ago, I worked on the Grund Lake 18 months, and after that in Nova Scotia on the North shore, three years. 1 have made a slight attempt to work with coal from the AUiert Mines, in December last : it came from the min^s in a sleigh, and was brought by Mr. Lyors ; he works with me — he was out there on business, and boup.h! u bushel more or less to try it. It resembled this very much in appear- ance—I tried it in the forge. I considered it did not answer as good a purpose as other coal. There was too much bl !1 ]. 38 t through the bottom. We put wood at the bottom. I never used old country coal. I have seen coal in forges swell and burst, but sblw nothing run from it. If 1 knew other coal ran this way, I should think this was coal too. The highly bituminous coal is not the best for the forge. The cone that was formed had the color of ashes or sand, and was a difierent color. When put on the fire it was bright and glossy, and what ran down had no gloss on it, but was rough and had nearly no weight. I have a piece of what is called Trinidad asphaltum. Re-examined hy Kerr, I can't say whether the change in color was made by the wood ashes, or by burning it with wood. The piece of asphaltum I have is not so bright a color as this. Jahez Uphnm. I reside in Harvey. I know the parties. I was present at my store when Milner tried the experiments with a piece of asphaltum. Milnersaid if he had some he would like to shew an experiment, and asked me if i had any ; I told him I had. A year ago last winter se- veral of us visited the mines. One person went down into the mines and got some specimens, and gave me this, which I kept at home. I sent a clerk for a piece, and Milner twisted a piece of wire round a piece, and held it over the candle; it broke, and then he held it in his fingers ; it did not act entirely to his satisfaction. It broke and ran, and there appeared to be a crust on the outside, and a bitumen inside, which dropped on the counter. Particles that did not dissolve fell with the drops. Examined hy Attorney General. Milner said it would melt. He said if it came from the outer part of the mine it would be less perfect than if from the inner part. He said it was not so good as he expected. I did not examine the drops after it fell till it got cold, and then it was hard, but had not the glossy appearance, but looked more like drops. My impression when it dropped was, that it was a fiuid, but it did not spread or stick to the counter. Re-examined hy Kerr. It did not drop like wax. I thought the hard parts dropped from the imperfection of the heat. John Foster. I know Cairns. I have worked at mines last winter and summer for Mr, Cairna. I work at the Joggins mines now. I worked in sinking 29 new pit first. John Con was there working. The mines got fire. We left our lamp at face of coal when we went to breakfast, and when we came back it was on fire. We had left the lamp about eighteen inches from the coal. 1 think the gas took fire ; this was last fall — fire lasted an hour and a half. We stopped up the pit and let the brook in, and extinguished it. The coal dropped down with heat — loose coal was left at the bottom, and that had burned as well as face, and when we went down there wa^ a hard crust on top. I canU say ihey had melted. It had seemed to have run down from the face of the coal. We dug it up, and it went with the rest of the coal. I suppose about one and a half chaldron of'it, not altogether melied — may be a chaldron of melted stufTthat had run. When we broke it up it was not the same as the other ; it was lighter, and more like a cinder. 1 put some in a box and sent it up. I took a pick and loosened it, and shovelled it up. Con assisted to take it up. I could not say it looked the same as the other. I never saw any coal run in that way. The inclination of Joggins coal is about one foot in three to southward. All rocks there dip the same way, and strata of coal the same range, and fire-clay at bottom about two feet thick ; layer of coal about three feet nine inches ; roof was free stone. I have seen trees and leaves — appearance of them in th'e stone above the coal. The Albert mines not the same formation as Joggins — not the same kind of rock, and don't run the same way. I saw fishes at the Albert mines, but no trees. Cross- examined by Gray. What was melied and ran down was something like coke. They tried to make coke of Joggins coal, and pit bursted ; ii got into a lump, but it was not coke — air got in. There was perhaps a half a chaldron of broken corfl Ij'ing when mine took fire. I saw no re- mains of a stream that had run down from the sides — on the face of the coal it seemed as if it had run down : it looked as if it had melted on the face of the coal. When we st.dck it with a pick axe, it was softer than the other. Re-examined hy Kerr. 1 never saw coke made- It was two or three days after th-^ fire we removed the material. 1 can't say fire was from gas. BrowM was there when we were taking out the stuff. The air course was put to let foul air 9Ut, and pure air in. Dan Robertson is working for Cairns now, and he was there when mine was on fire. I 30 t 'i'-' I f..i John Goodall. I have seen materml called asphalturn — [produces some] — this is some I got from Mr. Wainoch to-day. ! can*t say where it is from. After Court adjourned, Milner asked me if I would like to see some melted in a candle : he put a pieco in a small tongs, and put it in a candle, until it dropped f')iir times. I tried a bit myself. I pui it in tongs and heid il to a candle till it was melted, and it dropped from that three times. I held it over half a minute — it dropped blazing, and blazed after it fell. I then picked up the piece thai fell, and it was like a cinder. I tried it before, and it would not drop. Examined. I had tried a piece before, but ii did not drop : the piece I tried was not so thin. It was a small thin piece he had — it dropped on the can- dlestick, and did not stick to it, and remained in the same shape as when it fell. I did not try to melt it a second time — it would not melt again, it was like a cinder : wax could be melted over again. When I tried before, I had a larger piece, and it would not drop off. I can't say it broke off by its own weight ; it was lighter after, than before. Richard C. Taylor. Deposition of, taken in Dorchester on part of plaintiff, before Amos E. Botsford, 6th June, 1851. (Vide Deposition A. in Appendix.) Doctor Rohb, hy Kerr. * I am Professor of Geology and Chemistry at King's College, Fre- dericton. I have been so 12 or 14 years. I am from the North of Scotland. I have studied Geology, Chemistry, and Natural History, in addition to Medical studies. I have made Geological examinations before I came to this country — in Scotland, England, Ireland, France, Italy. I examined the vicinity of Glasgow, 'Edinburgh, and Stirling, in relation to mining, with a view to instruct myself and to give infor- mation to others who were interested in coal and iron. I have made explorations in this Province at Grand Lake ; lead mines, St. John ; copper, Bathurst. I have been twice at Grand Lake : first time about seven, second, about nine years ago. I went into all that were acces- si' '•?. I also examined iron mines at Woodstock, twice in the course . Lhe last ten years ; also at Steadman's mines, at Memramcook. 'i'.>i e examinations were made for my (»wn information : whenever I had an opportunity, I have not neglected making researches to in- form myself. I have been at a coal minb in Uichibucto. I collected specimens, which are now at King's Cullege, Fredericton. I have also extended my researches to Nova 'Scotia and Prince Edward's ^" ,>■»' 31 Island. I have been over a great part of Nova Scotia, Joggins, and Pictou Mines, and on the coast from Pugwash lo Pictou, and the vicinity of Amherst, and at Windsor, and in Basin of Mines generally. They were working mines at Pictou and Joggins when I was there. It was in 1840, when in Prince Edward's Island, I searched to ascer- tain the nature of the rocks there. I have always when travelling, carried compass and hammer, and examined the Country thh)ugh which I passed. I have done so in Canada and United States in a cursory way. I accompanied Professor Johnston over a great part of th(3 Province, in 1849. I was asked to give information as to mineral resources, and I was engaged about six weeks in all. I was in most of the Counties, except Charlotte. I examined the rocks in this vicinity from Calhoun's down to Shepody, and up Muscle creek to its source. Near the site of present mines, I picked up or some person with me picked up something I thought a very interesting mineral, in a ploughed field near the head of Muscle creek, between that and water leading into it. I could not think it was coal. I took it to my lodgings — I was staying at Mi^. Calhoun's. I saw an abandoned shaft there. I went for the purpose of looking at it. There was a very inflammable shale found in the river there. What I found was very black and lustrous, and light in weight — burned readily in a candle, and appeared to fuse. I did not take it to be coal. I suspected if it was not coal it was asphaltun: I h&d more than one specimen. I considered it of the nature uf asphaltum, rather than Of coal. I was satisfied then it was not coal from its mode of burning, and a compa- rison of its appearance with other minerals. It differed from coal in its resinous lustre, its lightness, and the peculiar brilliancy of its sur- face. I recollect I mentioned at the time, that it Mras not coal. I examined to ascertain its probable value and use^ and interest, in a scientific point of view. I considered my opinion was confirmed by subsequent examination. I made a report on the subject. I examined the nature and position of rocks on Muscle creek to Frederick's brook — a small ridge between the two streams. I have been there since. The rocks on Muscle creek and Portage dip to the south, and on the north- erly side of the Portage they have a northerly dip : the range is at right angles to the dip. The rocks on Muscle creek dip southerly till you jget to Frederick's brook, when they dip northerly and westerly; this is the case for a considerable distance around. The general direction of rocks are east and. west, or at right angles. A great variety of rocks, Land stono, shale, couglomcrttlc. As lo the shulcs, I saw not those 1 Ihave beqn accustomed to 9oe jn coal beds. I looked for out-crop of jcQul thoro, without discovering it. The inclination in the mine is 32 II very great— the rocks ihere stand from 70", 80", 90°, 65", 45", 50". All these angles taken in the mine, and in tiie immediate vicinity of the mine. These rocks are supposed to have been originally nori- zontal, and thrown up by volcanic, or igneous force from hent in the interior of the earth, to the shape of a roof, making rocks dip nearly in opposite directions. I would consider the line of the force which acted on those rocks, had been somewhere in the vicinity of the mines. My opinion is that the rocks belong to a series which under- lie the productive coal measures, and belong to a series called the unproductive coal measures. I did not see sufficient evidence to satisfy me that the rocks belonged to the old red sand stone. When fossils are abundant, there is no difficulty in ascertaining. AH I saw there were fishes, except one small specimen : the fishes not such ns I was acquainted with in old red sand stone. I thought if theie rocks belonged to the true coal measure, I would have found abundance of vegetable fossils [looks at printed leaf and explains]. I was with Taylor and we examined mine ; and 1. Found mineral almost vertical. Coal is found generally slightly inclined : this is one reason why we thought it a bed of ore, and not a bed of coal. 2. Instead of finding it of the same thickness throughout, as coal beds usually are, it ran from a foot to fourteen feet. 3. It ran in its general course. Instead of keeping the same point, it wavered and changed, and did not keep the same course, as coal beds generally do. 4. The principal planes of divisions ranged differently, being trans- verse instead of parallel. 5. Instead of the rocks lying parallel, they came sectionally upon the mineral, which is not the case in coal formations : in the majority of casss the ends come on instead of the planes. 6. Th3 rocks of mine were colored brown with bitumen, and very in- flammable, and we believed this color and inflammability were received from the sa:ne source as the mine itself, and a collateral proof of the nature of inatorial of the mine^. I never met with the same — brown paper, biiuir.'.ncus shalec, with fossil fishes — in any coal mines. I never niel v/ith such shales in coal mines anywhere. 7. No proper roof or fioor, or underbed of fire clay, as in coaL Here we cannot say it has any true roof or floor — the mineral and strata undulated. The floor of coal mines ninety nine cases out of one hundred has fire clay, and it has something like the roof of water lilly : this was not present here at a|l, and instead of finding vegetable we found fi&hes. The fire clay isfsupposed to be the soil in which 33 the plants grew that formed the coat. Every bed at Joggins has it, ind at Cape Breton. Some of the most standard authors say, that a Ibed of coal invariably has fire cloy : out of 136, there are three or four exceptions at Cape Breton. It is now looked upon as a general rule that under coal there is a bed of clay, and in that stigmario, or thH roots of plants that grew on that ciny as a soil. We exomined the rocks and sides of mines in every level we were in for fire clay, and found none. I have been three times to examine mines — to get facts to form my opinion. Cairns was there on two occasions. Dr. Jack- son was there on the last occasion : our object was to get at proper [grounds to form an opinion. The nature of roof of coal beds is very difierent — no necessary relation between them. The received opinion as to formation of coal is that it was at one time vegetation, and be- comes decayed under covering of water orsedimens of some kind, and so acquires a coaly nature instead of going off in gases as at the surface. [Describes how superincumbent strata ot coal supposed to be formed.] 8. We found it gave off several lateral branches, which cut the rocks Iby which they were surmounted, which is not the case with coal mines. [Shews a specimen.] This piece shews veins running across the stone, and branches in various directions : this shows it is not formed between parallel layers as coal, but injected in liquid form, and has run into the cracks and fissures. I took this out of the mine, or from the shale at the mouth of the mine. I saw similar for- mations in the mine. I never saw such a thing in a coal mine, and I could not conceive of such a formation from coal ; there were several branches running off from the main vein — one was nine inches. The report made by Taylor and myself, accompanied by a plan or maps. This is a copy of it I assisted in making it. 1 gave my data to Pro. fessor Taylor. This is a correct illustration of the floor of the level, nine feet nine inches thick at north east end ; space not colored is worked out at south west end — not a foot thick ; the waved lines re- present the walls ; the .figure No. 4 is a diagram, shewing veins and branches going off. I never saw such a thing in a coal formation. 9. The mineral occurs in bituminous marly shale, which at the mine is m> ch disturbed and contorted, which is not usual in coal beds ; and the same kind of rocks do not occur in coal formation. Inferences — 1. Mineral mass not parallel with surrounding mea- sures, but cuts and intersects them. 2. That it is a true vein occupying a line of dislocation, &c., &c., and veins are conceived to be pushed upwards through previously ex- isting rocks, and are not parallel to strata. What is called a vein of I coal is not correct — it is a stratum or bed. T7 84 3. Its origin li posterior to bed of shale, wherein it occurs. 4. The position of vein more in accordance with occurrence of| Bsphaltum. Professor Taylor describes asphaltum as a v«io cutlingl through rocks. 5. Conclusion — It is asphaltam and not coal, or a variety of coal.' Stratified rocks are found in the same way without coal. There are parallel seams in coal measuresi but not in Albert mines. 1 know of | asphaltum springs in the neighbourhood of Hillsborough mines — onei is quite thin, the other thick — on north side of Joel Steves' brook, be* yond Hillsborough church, over three miles from ihe mines. I believe the formation of the rocks on the other side to be the same as on this side, and the same series of rocks. The spring occurs near a small i full on Joel Sieves' brook. It issues from a number of masses of lime stone and roots of trees. It wells up and covers the water,'and thickens among rocks and roots, and some of it becomes of the consistence of India rubber, and part floats away : the thin liquid is naptha, like oil or thinner ; the thicker kind may be called petroleum, thick as tar. Such springs are conceived to issue from a subterranean source of a bituminous material. Its ultimate composition is very much the same as asphaltum. I found some specimens in May, 1851. Pro* fessor Taylor was at Ayres' farm. [Looks at soft piece prodi>ced by Robertson.] I have had specimens like this given to me : this is one of the stages between the liquid naptha, and the hard asphaltum ; this is one of the forms of bitumien — might call it mineral caoutchouc : it has the same constituents as the asphaltum ; from exposure to atmos* phere it would grow hard rather than soft. It could not have been hard when taken out of its bed. I have only tried the si Nubility of the soft kind. I found it dissolved in turpentine heated over a lamp, since 1 came here. Adjourned. FEIBAT MOBimrO, 23d. Dr. RoWs examination resumed, I was acquainted with asphaltam before I saw Hillsborough mines. The resemblance — colour of asphaltum, jet black and opaque, same as Albert; lustre, like resin in both cases, highly lustrous, so as to reflect image ; degree of hardness same ; ap- pearance of broken surface or "mcture, large and conchoidal, which shews it to have been rrjelted, or in a liquid state: this shews the same in a remarkable degree, an^ the conchoidal mark- ings are seen on every fase of it ; the structure not laminated, or slated, or fibrous, or woody — Hillsborough the same. Its specific gravity 109; gravity of asphaltum, from 100 to 130. Its odour 35 Is bituminoiu, like asphaltufn ; it is a bad conductor o( heat and kleetricity, so Is asphaltum ; it becomes electric by friction, ncga* lively, and so does atphaltum ; it appears devoid of mineral, charcoal, or black powder on the surface of common coni, so is hsphaltum ; clean to handle — fre«? of brassy mineral, or sulphur, leommon to coal ; it softens when heated, and melts — not so rea- bily as other asphaltum ; it yields a light, open and porous coke, hike asphaltum. Asphaltum when wholly burnt, coke and all, leaves a very small portion of ashes — so does this, less than one per cent. Books state that asphaltum yields less than two per tent. When powdered, and boiled in sulphuric acid, it turns to coke, and that is given as characteristic of asphaltum ; it becomes koft and flexible like India rubber at 600°, so does asphaltum ; it Dissolves in boiling oil, so does asphaltum; it dissolves partially la various other substances when powdered; it dissolves in coal tar. I saw Edgitt^s boat covered with it. It dissolves partially in ■volatile oils' — such as turper'ine and oil of peppermint. This bottle pf black liquid, produced by mixing powd«r with oil of pepper- Inint, and leaving it in a pot of boiling water at 212p. Asphaltum ■will dissolve in same way, but more of it will dissolve. AsphaU turn is accompanied by springs of napiha or petroleum, so is this. Ut yields a highly illuminating gas, so does asphaltum. Asphaltum loccurs in rocks of all ages — this in the lower, or unproduclive bocks. Professor Taylor describes asphaltum of Cuba as running Lcross from chink to chink of rocks, so does this : the cracks, Iwh n cooling, proceed at right angles to rocks. It has the same ■constituents — cavboa, oxygen and hydrogen, and small trace of mytrogen, and small portion of earthy matter — asphaltum the Lame ; substances are volatile, coke, and ash. ; proportions nearly Ihe same with asphaltum. I Asphaltum — Volatile, 58^ pi I Coke, 40| A^h,, 1 p. -Volatile, 26.93 Coke, 67.57 Ash, 5.50 Barbadoes Asphaltum— Volatile, 61.60 1 Coke, 36.90 Ash, 1.50 No.single variety of bituminous coal has the concurreneeof oharac* Iters, this has. Common coal is harder, some much, harder— fracture )f coal conchoidal sometimcs,,and.soine* places, but never coiixchoidal. Sydney Coal gives- 36 liill: I Hi' i'i I Ihrougliout. Coal alwnys lamiimtcd, this not. Coal always pre- s(!iil» a|)|)«aranco of woody structure through n microscope, this does not. Powder from coul 'i» black, this is brown. Specific gravity 109, coal from 1'20 to 175. Coal no smell wnen rubbed, this has. 1 have not met with any coal which by rubbing becomes electrical, this does. Coal does not melt by heal, this docs. I have tried to melt cottl without succeps. 1 have an impression from a seal (this 'm it) made upon a piece of melted ore, melted in a spoon by heat alone, without any solvent. This could not be done with cool. I have bro- ken pieces after melting, and the broken pari presents the same lustro as before, and it will flame and melt again, and may be taken and dissolved in heated oil, thinned with turpentine and passed through u filter : this is a bottle of it. [Looks at specimens produced by Edgitl.} These might have been produced in way described by him. Coal does not mflume so easily as this. This can be fused in flame, or by heat. It behaves like amber. This is a piece. It is a fusible substance at 574". I have often fused it at the same amount of heat as this. By liolding amber over flame, it will be partially decomposed before it is fused : best way is to put it in the middle of a large flame to melt it. Coal yields an impure illuminating gas, which requires to be pu- rified — this is much purer. Coal yields a hard and compact coke — this is light and powdery. Coal yields a considerable ash — this very little. Coal is insoluble — this is soluble. Coal occurs in upper coal measures — this in lower : there is no giving a good reason for this uc- currence. Coals are in beds parallel to walls, and this is in a vein, and not a bed. Coal is underlaid by shale with stigmaria. At Sid* ney, 37 coal beds all underlaid with stigmaria ; at Joggins 37 and 36 underlaid with clay and stigmaria. Coal is not usually accompanied by naplha springs — ihis is. Coal walls are parallel to beds — here they are at right angles. I call this a mineral : the ore of manganese is a metai ; manganese is a mineral. Limestone is enumerated among minerals. Plaster is) among minerals. All substances in nature considered vegetable, animal, and mineral. Mineral includes all substances not nimal or' vegetable. An intermediate class called fossils, w i c h may be vegetable or animal. This substance I consider to be a mineral. Air, water, and ^ ice, belong to the mineral kingdom. Common soil is chiefly of mineral I substances. Subsoil consists of mineral substances. Plaster is a mine- ral, and is also called a rock. Potters' clay is produced by change of mineral substances. Pure sand is a powdered mineral. Paint is a mine, ral : it is found here, and clay too. There is plaster in the County of Albert in several places. I have seen mineral paint in this County. > vays pre , this does ! c gravity this has. electrical, e tried to ml (this ia >eat alone, have bro- ime lustre taken and through u y Edgitl.] Coal does r by heal. >stanco at this. By I before it e to melt to be pu- :t coke — this very iper coal r this oc- n a vein, At Sid- J7 and 36 >n)panied ds — here anganese late, in somo book& in called n mineral, in 4omc called rock : there In oino in Albert, eight or ton milet below. A rock in considered a mix- jfo of minerals. Limostono belongs to iho mineral kingdom. Grind* ionoiiva mixture of minerals. Freestone is a rock, and belongs to the linoral kingdom. Marble is a mineral. I have seen it in this ounty, at [lay ward^s Mill Stream. Metals uru found, gold. Com* ounds called ore, such as iron. Many ores of iron injected into rocks rem below. Gold in California is a minorul. The copper at Lako iiporior is a mineral. Load generally occurs as an ore. Silver requenlly occurs with lead, and also with copper. Gold, silver, ead, and coppor, if pure, are called metal'ic minerals. Diamonds rn combustible mineral. Tin and ore of ' nc are metals. This is ot a metallic mineral. A mine is an artificial opening made by the hand of man for the purpose of extracting minerals. Before they aro opened I should not use the word mine, as applied to them. In the works of science of the present day, word " mine" always used in reference to an artificial opening. I have heard of asphaltum of Peru cquiring heal between five and six hundred degrees to melt it. If you melt a piece of sealing wax, it gives off gas and retains its cha- racter of wax. Taylor's work spoken of as best authority on the subject of coal. Cross-examined hy Johnson, I am Professor of chemistry and natural history. Geology is a part of natural history. The strata are very much broken near the mines. I have been at Baiseley's farm, ten miles to the N. N. W. of mioes. Dip there was north 45 ; at Demoiselle creek, south east from mines at Hay ward's brook, dip south and south east 15 or 20. At my visit to mine I found the angle of dip vary from 50 to 85. The first rocks below it I think were 65 at the asphaltum rocks. At Baiseley's farm, dip 45; further up the mountain, 75 to 80. The shale in the mine appeared contorted and twisted in some places — at the horse the shale Plaster is >" ^^*^^ ^®"^ almost at right angles, a sort of arch. The wedge shape was both horizontal and perpendicular : in its horizontal shape it was regular, and was said to increase downwards ; the mineral broke ofT from the cheek of the mine. If the mine turned short to one side, and then proceeded parallel, I would still call it a vein ; there is no rule as to direction of veins, but there is for beds. That is a diagram to explain our views. The vein is eight or nine feet wide where it turns off; and the continuing vein is only nine inches. [Is shewn a diagram.] I would call this a turn in the vein. Supposing it to be a coal bed with such a turn, I would call it a fault. This di- agram is based on supposition. The uniform occurrence of fire 3getable, nimal or I'fjgetable ater, and f mineral L; 3 a mine- hange of sa mine., Jounty of[ County I' I ■I ■I ! 1 u ciay is eslabliHhed unJer coal. During lh« age of coal formations vegetation was more luxuriant. It has been supposed coal beds formed sometimes from drift material. Drift stuff might collect mud underneath, and would form shale ; and mud w 'Id drift over, and form shale. After tide goes out here there are icnts and cracks in every direction in the mud. Formation of coal IS formed by great pressure. 1 never heard the term liquefac- tion applied to bituminous coal ; if it is used, it is loosely used. Mi- croscopisis assert th?t they can discover cellular tissue in coal. VVhen clay is suddenly dried it cracks. This book states, " the most perfect bituminous coal undergoes liquefaction." I have not seen a mixture of vegetable matter in asphaltum. Plants grow very near the margin of Pitch Lake in Trinidad, and parts may be enve- loped in it. I see no difficulty in supposing bituminous substance fo rise and impregnate the shale, I took the notion that the shales were impregnated with animal substances. The bitumen of vegetables would produce bituminous shales : mure or less heat always attends decomposition. If coal formed in a basi.^ . it would be deeper at the centre than the edges. 1 think the shale existed before the vein, and that the material was forced up through a fracture. The substances in niy opinion is posterior to shale. Theebsenceof stones or mud in coal is against the idea of drifting. 1 would conside " it a remarkable thing in this instance, if fish were found on one side f.nd plants on the other : the vent here occurs through several beds. The occurrence of fish and plants as mentioned would be a new case. I did not agree with Taylor as to its position. I considered it to be of great importance in testing this as coal, to ascertain whether above or below old red sand stone, because workable beds of coal are not found so low as below old red sand sl^ne. I believe tain layers of coal have been found in old red sand stone. The highest mountain here Is lower geologically than the lowest. There is in Virginia a coal bed on granite, with a layer of clay under it. I have seen shale taken from mines near Glasgow by mircrs,, and used as coal. It was not like this — it was black. I dare say Vaere was enough inflammable matter in it to use for engine. '. know that Dr. Gesner reported a nine foot vein. There art- a great number of seams of shale there, and I wDuld not call it coal. When I visited the spot, J. could not find the nine foot vein of coal, and I inferred it was the bed of shale which he had called coal. If a bed of coal being horizontal, was as much raised as this, it might he crushed, and would be much less bituminous, and become anthraciie. The theory of anthr-^cite mines is, that they were formerly bitumi- nous and horizon!<;l, and that during their elevation there was a pro- ;es3 of dis ;ase wher Idistillation sylvania I jtion, it wc elevated, closed, th( may be el inclining ! east and s struck me had the cc akin to la any coal as ho re. fore, or ir minous c( cn'y bitui as much ( The anab co!il ; it is same as t in anothei is not til a conch( various m fracture this look not say t I than Alb [gravity i I coals wh opinion i I asphaltui i less. M rock on > dened, b ihat over in ons p times on [same ge surround 39 'mations >al beds collect d drift bre are ation of iquefac- fed. Mi. in coal, 's, " the ave not ow very be enve- stance to lies were ?getables s attends Jf at the ^ein, and lances in in coal is thing in e other : 3 of fish ;ree with 'tance in red sand as below found in logically S with a nes near I — it was Use for 'here are [ it coal, of coal, il. If a night bd thracite. J bitumi- ts a pro- cess of distillation which deprived them of their bitumen. In such a case when made vertical, the roof and floor would become sides — the distillation would be produced by heat. The anthracite coal of Penn- sylvania has clay and fossils. If this mine elevated without distilla- tion, it would be inexplicable ; the rule is, the more highly a bed is elevated, the less bitumen it contains. If a bed were entirely en- closed, the distillation might not take place. }l is possible that there may be elevation without distillation. I have seen bituminous beds inclining 24". My opinion is, that the force in this case was in a north east and south west direction, along the line of the mountain. It struck me the force was from beneath. I have known other coal that had the conchoidal fracture, but not so equally as this. I saw nothing akin to lamination in any part of the mines that I saw. I never knew any coal where the lamination of the mass was so utterly destroyed as hure. I was never in a bitumen coal mine upheaved as this be- fore, or in any anthracite mine. I have been in a great many bitu- minous coal mines. Joggins and Pictou are highly bituminous. The only bitumen coal I have heard of is Burmese coal, which contains as much or more bituminous matter than this. Taylor refers to it. The analysis is nearly that of asphaltum. I have seen the Boghead coal ; it is highly bituminous ; quantity of volatile matter is about the same as this. The Boghead coal splits better in one direction than in another. It is a brown substance ; it was discovered last year. It is not the least like this m the fracture : in one sense it has a conchoidal fracture. It is not a week since I split it in various ways. I would take the first six pieces of house coal, and fracture alike. I would think this to be a pi^ce of cannel coal : this looks like a cannel coal, and is distinctly laminated. I would not say that this would produce ten per cent, more volatile matter than Albert mines. [Two specimens markec VV.] The specific gravity of anthracite higher than others; possibly there are other coals which contain as small a portion of earthy matter as this. My opinion is formed from a concurrence of circumstances. There are asphaltums which have mo;'e ash, but I can't say coals which have less. Most coals have in part a conchoidal fracture. I did not see the rock on which the shale rests. Rocks may be bent after ihey are har- dened, but more likely to be so when they are softened. The cheek that overhung at one time, was under at another ; the southerly side in onB place overhangs. In the level called No. 7, it overhung some- times on the right hand, sometimes on the left ; the .nineral had the same general formation, north cast and south west dir Jlion, as the I surrounding strata. I believe some coal seams vary considerably in -I ;i '^1 !■; 11 \h 40 i; r I ■ I, i; ?! 1 i J ''ail 1-^ ,'1 ■ '1 • M' their thickness ; those I have seen do not vary. I first visited the mines the 2! it May, 1851. Cairns, BroArn, and Barber, accompanied me. I went asjain on 24th with Taylor, A. E. Botsford, and the gen. tlemen formerly named ; again on the 27th, with Taylor, Jackson, Foulis, and Brown. I about that time examined a pile of material near the wharf — a large heap there. I have not the sligl.'est recollec- tion of saying that the substance there had every appearance of being coal. I might have said it jokingly, but not seriously. I might have said it ironically. I consider it a mineral. There is a general divl< sior. of mineral substances. Plaster is both mineral and a rock: when seen through a microscope it is much the same as asphaltum, Asphaltum powder is brown, and powder of this is black, and in very small powder is brown. Smell is same as asphaltum, though not ad strong. I can't say the taste of asphaltum is the same, for I do not recollect. I say this has more the natiire of asphaltum than of coal, I have not seen any asphaltum like, or coal like it ; my opinion, it is more the nature of asphaltum than of coal. I believe it is a variety r>f asphaltum, and not of coal. I consider it referable to asphaltum, and not to coal. I have not met with any coal which behaves itself like this, and therefore I cannot call it coal. I have not seen half the vari- eties of coal nrobably, o. of asphaltum. Coal is divided into cannel, bituminous, b..id anthracite, and there are varieties in each. Coal is much more variable in its character than many other minerals. The conchoidal fracture is evidence of evenness of structure, and that may be the result of heat. Flint has a conchoidal fracture, and it does not follow it was ever in a liquid state. It is in a general way assumed that the conchoidal fracture is evidence of partial softening. I mean to say lamination cannot be found in this mine as in slate : there may be coal of less specific gravity than asphaltum. If this mineral had charcoal in it in the same proportions, or nearly so, it would have a slroug bearing on this case. I looked for pyrites and sulphur, and found none. It occurs in many rocks, but it is a weak point. I have never seen any species of coal that would melt as this, i have found nitrogen in this mineral, but not in asphaltum— others have found it in asphaltum. Coke from asphaltum is light and powdery. There may be coal which produces coko too light and fusible for mechanical purposes, h is a well known difficulty to know where bituminous coal ceases and other begins. It has not been asserted by me that bitumen exists in ccal ; I cannot prove that it does. All other asphal- tum would liquify at 600. Every ol^er kind of asphaltum, except this, melts at 250. I have tried this under a red heat in dark about SOO", I pierced a hole through it. 1 au not prepared to say I melted 41 sited llie impanid the gen. ; Jackson, i material recollec- of being ght have eral divi* a rock: Bphaltum, ' d in very gh not &i I do not . n of coal. ipinion, ii ; a variety sphallum, I itself like f Uie vari' to cannel, . Coal is ■als. The d that may it does not y assumed r. I mean there may ineral had lid have a Iphur, and t. I have lave found -e found it y. There lechanical >ituminous ly me that ; ler asphai- m, except lark about y I melted it at GOO, and then it was only pliable liko indiu ruhbttr. I could dip asphaltum into boiling waicr, and tftke it out immediately and make an impression on it. I heated this piece, sealed to about 700 Sealing wax is composed of shell lac and coloring matter. We do not speak of the coloring matter as fusible. Sand would mix the samo way with coal tar, when boiled in turpentine — the bituminous matter in it mixed with the turpentine, and I observed that the residu* i would be about ten or fifteen per cent.; it was in fine powder. I have boiled the same oils down to dryness, without any blackness. Almjud oil boiled down in an open vessel is not discoloured : had the powder been pure asphaltum, there would not have been so much residum : with oil there would not have been more than five per cent. less. Many asphaltums would have dis >olved altogether under the Meaiment I gave it. The spring I found is four miles from the mine. A preto- leum spring might exist as this, and yet it might be a coal mine. I have heard of pretoleum springs within half a mile of coal mines. As to gas, the less the carbon the purer the gas. I never heard of any coal which cores / ir to it in purity, except Boghead cannel. I saw gas from it bu. .r.' , u Dartmouth, Halifax, and in a steamboat iu St. John : the gas was brighter than other gas. This article produces better gas than common coal. This article possesses a great many properties in common with coal, and not with asphaltum. It possesses properties in common to both. I consider its fusibility and solubility separates it from coal. I think asphaltum would not do for welding iron. I can't say it could be done with this. According to ordinary forge work, iron could not be welded with asphaltum. In the east (many places) asp^aItum is common fuel, and used for japanning and for cement. Asphaltum may be used in gas making, and so may coal. J would not like to l>i .0 asphaltum in my stove. It is used as fuel round the Caspiar -^v- '.i has been used mixed with sand and gravel for pavement. S ' ■ "jssiis characteristic of coal measures. I might have said the disco, yy uf fishes was of no moment, unless they discovered plants. I may have said the absence of fossil plants shewed it was not coal. I saw several fossil fishes — I was not acquainted with them : they are characteristic of coal measures, and the series above : from the '3oal measures to the oolite ihey occur. I have made this liquid in a spoon, so it could be poured out of a ves- sel. It was a platinu; spoon I used : it will stand a great amount of heat : it was under < nd heat of 7 or 800 — I held it a couple of minutes. A much leis degree of heat would have done with any other asphaltum, probably 250". 1 1 4 lj 42 1 ,1 V m ■!l. I Re-€xamined by Kerr. There are bituminous shales entirely unconnected with conl. The | rule i8 that seams of coal are uniform, but there are exceptions. From tho analysis of Burmese coal, I should call it asphnltutp. Boghead coal is very light outside, very tough and tenacit.'is ; and when broken it appears more like brown bitiiminous shale, than true coal. In the Gas Light Journal, it is called the Boghead cannel. According to the upheaving of thn rocks, the mines could not run in any other direc- tion. There is not so great a difference between this and other as« phaltum, as between different kinds of coal. Samuel Gross. I was requested to go into the woods yesterday, to Peck's creek, between one and a quarter and one and a half miles. Reuben Cal- houn, Abner Jones, and John Robertson, were with me. We saw Dan Ilubertson and another man there. ' »' ' «.'v a substance, of which these are specimens. Robertson and his nr >roke the locks, and we picked them up. About fifty rods further up, wo found a harder kind than this : these are the harder specimens. Examined by Gray, We were to go out and dig specimens, or see them dug, and bring them here, such as Robertson should point out. I am a blacksmith. 1 have used stuff* from the mines in my forge. I hauled it from the mines, I undertook to use it, but I could not work it ; it made such a desperate blaze, and ran together so, I could not use it. I welded iron with it, mixed with charcoal. I am brother-in-law to Dawson Steves. Before Dawson Steves made his lease to Milner, I knew from report that Duffy had sold his lease to Cairns. I might have told Milner that I heard so, but I don't recollect. Milner used to stop at my place, and from that I might have told Milner, Duffy had sold to Cairns. I stated to Mr. Cairns that I was disappointed in not get- ting an intenst in the mines. I put a fire on in my stove, before Mr. Jackson, Cook, and Anthony, and burnt the material. I have mixed it with wood. If you keep a hole in the top to let it have vent, then it will go. From where Cairns works, it is N. N. W. to where we got the materials : I should think about half a mile below Bow- man's mill. Reuben Calhoun. I went with Gross. These specimens were brought from Peck's creek : we saw Ihem severed by Robertson with a pick. A creyice in the rock could be no decoplion. 43 The From Boghead broken In the igto the jr direc- )lher as« s creek, ben Cal- We saw of which ,and we der kind nd bring cksmith. From the e such a Ided iron 1 Steves. n report J Milner ) at my ] sold to not get- ?, before I have ive vent, o where w Bow- ■ I Peck's ■eyicc in Doctor Charles Wtlherell. I ani a native of Philnde!j)liia. I am 27— will be 28. I am Analy- tical Chemist and Lecturer on Chemistry at Franklin Institute — have lectured there three years : educated partly in United States, partly in France, partly in Germany. I attended Lectures under Professor Fraser. I went to Paris and studied under several — Pelouse, one of the first Chemisis. The following winter I passed in Germany, under Lf ibig — there about eight .nonths. I published several articles when there. I got the degree of Doctor in Philosophy in Germany. In spring of 1851, Mr. Legal handed me a specimen for examination — this is a piece of it. I made an organic analysis of it. 1 am not aware of any other person having made such an analysis. I made a comparative analysis of Cuba asphaltum of same nature. I after- wards made application to Professor Cressin of Philadelphia Gas Works, for some more. This part of it obtained from Gas Works — a large heap, and this large piece from same heap. I got that to see if it was the same as I got from Mr. Legal. 1 applied to him for the Hillsborough asphaltum : his son shewed me the mass, and 1 selected the specimens ; they had the same behaviour with the piece obtained from Legal. 1 tried the action of several re-agents. The specimen given me by the Court last night is similar to the one I tried in Phi- liiclelphia. [Attorney General objects, that it must be first shewn that the specimen came from Albert mines. Mr. Kerr — We need not shew it came from Hillsborough mines : we don't care where it comes from. Judge asks Mr. Kerr whether he will identify it as a piece from Albert mines. He says he claims to prove experiments on a piece of mineral called asphaltum. Mr. Milner — We want to shew that there is a variety of asphaltum sold in Philadelphia, and we wish 10 shew its properties as asphaltum. Judge decider that the evidence may be given to shew an analysis of a mineral obtained in Philadel- plva, and that it must receive its value by relation to subsequent evi- dence of analytic comparison or identification.] I obtained mineral in Philadelphia. I have a memorandum in a book. [Attorney Ge- neral objects, that he cannot be allowed to look at the book.] I have my laboratory book at home : I do not allow it out of my safe. I have compared this with my book, and find it substantially correct, and I corrected the typographical errors. [Attorney General objects, that he cannot refer to this to refresh his memory. Johnson says, can't refer to a copy of a copy, nor to a copy if the original in exist- ence. A mistake in a figure would make all the difference. Judge allows him to refer to book.] I ■ I ' ! I 44 :^i m \ I I lii ; I' 'J t Is ijij 1 ■ 1: if I '^ 11 1,-': Cross-examined by Allornty General The proof was not sent to mo to be corrected. It is a copy of n letter given by me to Professor Taylor. I gave no directions to have it printed. A copy of my letter is in my book. I am prepared to say it is nn essential copy, as to all the calculations. 1 have never fte'en the loiter since, or compared this with the original letter sent to Mr. Taylor. Re-examined. The original is In my book, and I am satisfied this is correct by an examination and comparison. 1 was more particular about the calcu- lations than any other part. My letter was a copy of my book. Questioned ly Gray. I could not have made corrections without referring to ray original memoranda. I could only then test its correctness by reference to my memoranda, and not to my memory. I think 1 furnished a cor- rected copy to Legal— as corrected, it is a copy. I would not like to swear absolutely that it is a verbatim copy. I could not tell without reference to this book the particulars of the analysis. {Gray objects to his refreshing his memory by reference to tiiis book. Same as letter in letter h')ok — party could not give copy ; the memoranda book of witness is the only one that can be referred to. PaZmcr— The copy should be made when the subject matter is fresh in his memory. Kerr in answer — Witness entitled to refer. Gray in reply. Judge decides he cannot refer to the book and show the analysis.] Direct examination proceeds. I jo I'l! II8CU8 i bl oal form oal i» I in earns oro bed of ( ling strnta Icolorcd m rocks, yollow aliulr, J-ppc*! 70 ; in contrt- u borso— two picci'sof roclT^Jcologicu with niiiioral bolsveon. VVc |iu88cil U|i inlo level iwo ; on lt>l\ humi |t,is counli Hiilo, sbulc, eilgcs to s( nni, anil miiicinl filH inlo lulgos of Hcnni ; \u.s cutnc then to llic und of ilio work in llmt Icvol. The suam ihins oil (bourse N. N. V.. Wo passed iho level No. 1, right hand side, dip 7r»we8t; further on, (loor is parallel with roof; grcatcsl slope, M on either side ; rocks hero have sides to veil) ; from this point, thins oil* to three and a half feet, 120 feet from shaft ; walls yellow claj shales ; where veins were widest material was more solid. Contor lions evident everywhere in shale near the shaft ; contortions are fomi Ijjclow the ditlerent ways in a few feet ; in several places gas escaping, whirl |>cin lies burnt with blue flame. The mineral was not conformable to sur rounding shale. The dip varies from 40 to 80. Anticlinal axis has a fixed point. The strata dipped in two instonces to form an anticlinal axis ; in other cases they so dipped us to form an opinion that on unticlinul axis is there. I never know coul found in an anticlina axis. I looked for clay and stigmaria — found none. A soft yellow shalo, which in some parts touched the mineral, and crumbled undci the fingers, but no appearance of roots. In coal beds, in majority oi instances, fire clay is between coal and rock ; a few inches or fee of clay containing roots or stumps of trees and plants ; and above, on roof, shale is unpressed with marks of land vegetation. These ore characteristics of coal measures. This in its geological formation represents a vein formed by intrusion, wider below than above, vcr licul — thus olT at each end. In no instance are the strata parallel to ii as in sedimentary beds. Lines of division are at angles with strain it rests on strata, and runs in saiall seams to rocks on each side. Some of the rocks are placed with the sides against the vein. Coa generally lies of regular width between rocks ; but this varies, and th« li.ies of coal are transverse to walls which are nearly vertical ; the absence of fire-clay, floor, and plants above vcrticality of bed ; thick cning downwards with mineral difl'used into rocks — sufficient evidence of injection or intrusion of mineral vein, and not coal. Its positiot has all the character of a vein of asphallurn, which is an injected bodj from below. 1 have seen remains of fish, fossil fish in the shale— ir. most instances scales, and sometimes peifect fish. Shales contaic abundant remains of the palioniscus species. The presence of these does not indicate a coal field ; it is found in strata without coal ; it is not an evidence of coal ; it exists in rocks of later formation than coal. 1 have seen the species in old red sand stone. Lyell says he has seer. them there, and Hall of New York, says it is found in the silurian fo malion, below where coals arc ever found. Lycli is president of il ault in u ho edges enoath, ii disposition and force rupture ar and has ri other circi ceive a C( ininous co tuminous long as ui raneoiis I which con nn author! I would t( piece I g( specimen the miner through f nation of the crack anthracite table stru under a i nil marks fracture ( ture. 1 1 in all res matter, c in majori 51 IS oi rocli 1l'I\ liunii cam ; vii thins ulF side, (lip slope, 'Id tint, thill!! How claj Contor s arc foiii 'gi whici, Sculogicul Society in LnnJn. Ilnll is a man of first tiiilhority in his country. Wherever coal in found wc may expect lo find palio* liscuH ; but it may be found without coal. This fish exisu-d hcfuro oal formation nnd after, so that its presence is no proof of eoal. yoal \a limited to beds of rock which lie nii old red nand stone. 'J'heir lunms are found below the old red sand stone, but nev(>r workable. A bed of coal is in almost every insianco conformable to the surround* in«; strata, if bud is contorted, strata conforms. If I found a dark colored mineral in an anticlinal axis, and not parallel to straia, and )olow the usual situation of coal, I would call it an asplialtum. This ■vein lies below the usual situation of coal. In case of a break or le to siir axis lius anticlinal m that aw anticlina oft yello» jled unclef lajority oi es or feci above, on These ore formation ibove, vcr rallel to ii rith strata each sidi'. ein. Coa es, and the rticnl ; the ed ; thick It evidence Its positioi: jected bodj 3 shale— in les contain :e of these coal ; it is I than coal le has seci; ilurian for dent of th( ault in u coal bed, the connexion would bo enlirely broken off, and Iho edges of the coal would bo thinned off. If it were injected from ■benoath, it would be in the position in which 1 found it. Tho wholo liisposition of the country about the mines bears evidence of upheaval and force from below. The shale bears marks of upheaving, and of rupture and fracture, and twisting, and the material has been injected, nnd has run into the diiferent crevices. The position of rocks and other circumstances are inconsistent with u coal bed. T cannot con> ceive a coal bed to exist under such circumstances; for where bitu- minous coal is u' '-^aved, it is always converted into anthracite. U'\- tuininous coal i duced by decay of vegetation under ground ; so long as unaltereu oy heat'it will be bituminous coal ; but when subter- raneous heat acts upon it, it leaves coke, which is called anthracite ; which contains no bitumen. I believe Professor Taylor stood high os an authority on coals. I brought samples of the coal and of the shale. I would term it asphaltum. 1 gave this to Dr. Welherell ; this is tho piece I got at the mines. I took this from the vein ; I brought other specimens. There are portions of the shales which contain portions of the minerals, not running through the layers of the shales, but passing I through fractures in every direction. In ordinary coal fields, lami- nation of coal is in the same direction of rocks ; but in this instance the cracks are transverse, caused by cooling downwards. I think anthracite coal is as brilliant as this. 1 have seen no tracks of vege- table, structure. I have examined specimens given me by Legal, under a microscope, and saw no traces of vegetable matter : it bears all marks of having been fused at one time ; it has the conchoidal fracture of asphaltum. Some coals (cannel) have conchoidal frac- ture. I examined the mineral which Legal handed in — it is identical in all respects to this. I made an analysis to determine volatile matter, coke and ash. The quantity of volatile matter is greater than in majority of coal, ash less, and coke small quantity ; and bears no m 59 M relation to the orlgmal form of mass cxperimonled on. In coal, cok,'! benra the form of tlio orvjrnal mass. It is difficult to melt, but can be m(.'llc(l in n spirit lamp. I have melted it. It reqirtrcs a high tern- pernti^re. I anr.' satisfied ft is asphallum from three causes . 1. Its elecliical properly ; 2. Its fusibility and solubility ; 3. The absence of vojieiable structure. These are the three features which make it nn asplialtum. it differs from coal in its density and gravity, ft does not soil f'ngers, coo.) does. Coals do not dissolve or melt, and I have never seen coa\ electrical. I have examined Cuban and Trinidad as- plialtum ; they contain the three properties I have mentioned ; and contains no other properly this has not, but differ in degrees of heat; but it is of no consequence what degree of heat is required to i \elt it ■■). in the Uni volatile m Where it stitute for 560. I Si I have hei Ure is as if it melts at all, it is an asphaltum. An asphaltum is compounded | 8^**'°?y ' ' lectured c of a chenr I came ;! I taught ii 8t".idy of e of two substances, petroleum and asphahen. Trinidad melts at lower temperature than this, but at higher than Egyptian or Cuban. Trini- dad and Cuban are perfectly fusible ; both dissolve in turpentinii and naptha, I have treated those with i Icohol, ether, turpentine, and naptha. 33 per cent, dissolved in ether ; about 50 per cent, in tur- pentine ; and seven or eight per cent, in alcohol. I have found great difTtrcnco in coal. The difference between these asphaltums is not so great as between coals, and they still rank under the head of coals, P There are great differences in asphaltum, we know of. The first [ 'nd examined happened to be a very dense one — greater than the majority of coals, and yet it ranks with asphaltum. This has less ash than Cuban, and less electricity. Less ash is evidence in favour of its being asphaltum. It is classed as a mineral. A mineral is that which is generally found included in rocks. Plaster, limestone, marble, are minerals, but oandstone and grindstone pass into rocks, though they belong to the mineral kingdom. Slate and hone stones class under term rocks, but belong to the mineral kingdom. Mine- rul paint, sand for glass, fire clay, manganese, ore, are minerals. Rocks are composed of minerals. I saw a great many stones about mines. They belong lo the mineral kingdom. We don't usually call them minerals. Ice is a mineral, and water. There are minerals combustible ! nd earthy, or metallic and gaseous. In some instances metallic fornations are thrown up from below, and are sometimes produced from rock by action of heat- Gold, silver, &c. are metals ; and iron &c. are minerals. Native copper sometimes united with silver. This asphaltum contains no traces of metal, ex- cept a little of the oxide of iron in the ash, A mine is an opening made into an ore or mineral oC any kind. WI:cn ores or minerals are in the ground, it is not a mine until it is opened, This material is used be in one aceous as carbon, kept its b The only The shale 1 1 did not I ihe rock < 1 1 have no ten a woi cannot be a certain but a coa lie in one ^ of bitumi I it of its b 'i have a cc The incli tion of r below. ' The shal upheavin raneous. fishes' tl not attem of fishes The maj( loal, co)i,: u( can be ligh tem. . 1. Its J absence 1 make ii ft does nd I have nidad us- i 53 in the United States for the manufacture of gas. It contains so much volatile matter, it ia valuable for gas. Resin is used for that purpose. Where it is used in manufacture of gas, and resin is u.ssd, it is a sub- stitute for it. Amber is a fossil resin, and fusible ; it melts at about 560. I saw a piece melted last night in a candle, by Dr. Wetherell. I have heard of Professor Robb. He has a very fair reputation. Dr. Ure is as good authority as an analytical chemist. led ; and of ht-at; Melt it— ipounded s at lower 1. Trini- ntinb and tine, and It. in tur- und great ms is not of coals. The first than the s less ash favour of •al is that iinestone, ito rocks, me stones 1. Mine- minerals, ly stones We don't rhere are In some and arc Iver, &c. amelimes letal, ex- opening lerals are :al is us^d Cross-examined hy Johnson. [ I came out in 1848. I practised the medical profession since 1 ffty per It tried it. ng water dissolve, ibstances ) that are he fused, te would ^depend- isition of old red that pa* 3 to find un up to Ells more ept this, between led, coal sd from see the conchoidal fracture, but not the laminations. Asphaltum mine tra- verses shale in Trinidad, and then passes between shale after having penetrated it. I don't know of any coal possessing more volatile mat* ter than this. Petroleum and asphaltum are composed of the same constituents ns coal : sometimes more carbon, nitrogen and hydrogen in coal, than in asphaltum. The question of whether asphaltum pos- sesses more or less of oxygen, nitrogen and carbon, does not affect the question. I would not depend upon an organic analysis as esta* blishing its character: such an analysis determines singly the atoms which constitute the body. In this case, I would depend upon an > organic analysis. I could tell by an organic analysis sugar from starch, or otto of roses from spirits of turpentine. I have nover I known asphaltum used for blacksmiths* work. All the known speci* mens melt at about 212. 1 think this will melt at 600 — I mean it will drop. I think between 2 and 300 degrees additional would be required to melt this like the other. I am quite sure it would melt before platinu would become red, which is I think a little below 800. If you take crust off bituminous coal when heated, you can take out a soft substance which you can make an impression on. I don't knoiv of asphaltum used alone fur gas. I looked for plants and found none on the roof. I looked to floor for fire clay and found none. There are coal beds where stigmaria is not found. There is a coal bed in the United States resting on igneous rock : it is not bituminous coal ; iis position as a bed is not sufficient to determine it as an asphaltum, but to determine it not to be a coal. I mean the peculiar age and position of the rocks. I found the old red sand stone lying above it, but not at the mine, but on the right hand side of the mine passing up the creek. The old red sand stone I saw was about two and a half miles from the mine. I judged from the color of rock, and its lying over the seam of coal— there wt»re gray and brown shales both above and below it: its dip was.south westerly, probably about 40". I had given evidence on one occasion that this was asphaltum. There is plenty of pyrites on the iron stone. I do not know of coal beds with* out impressions of plants on the roof. In large glass furnaces they heat up to nearly 2000 : it must be up to red heat about 700. To melt the glass flask, the point of low redness is about 700 ; at that heat Cuban asphaltum would boil up very readily. If the glass was fused, a portion of it must be decomposed : this is a combustible mineral. Re-examined by Kerr. The circumstances that produce an anticlinal axis, are attended with intense beat, and if in the neighbourhood of a bed of coal it might I. « Wi W k^ : 86 dissipate it completely, and if strong enough to nipture the shale, the deposit of coal could not lie down its edges. When we say that a district or country abounds in minerals, we mean that it contains minerals capable of being worked and applied to economical purposes. Doctor Joseph Leidy. I am a Physician. I reside in Philadelphia — at present I am engaged in teaching physiology and anatomy, and microscopic ana- tomy. I have examined this material in dispute — from the mine, from Dr, VVetherell, and from the Cabinet of the Academy of Natural Sci» ences : I have been ten or twelve years engaged in this. All the specimens 1 referred to, I found 'he same, and the specimen from the Court. I gave Dr. VVetherell a specimen with my initials : I saw him fuse it and seal it. I commenced several months ago and examined many portions, that there might be no mistake : I found them amor- phous and structure less like glass or amber. I also examined Cuban and Egyptian asphaltnm in Cabinetof Academy of Natural Sciences, and they presented same appearance ; and also examined anthracite and bituminous, and cannel coal. I found anthracite entirely com* posed of vegetable remains, and can shew the constituents now. [Pro- duces a box of glasses and applies a microscope — all the jurors look.] This is from the hardest variety of Pennsylvania anthracite : this power is about 700. You cannot distinguish these by the naked eye ; this has no vegetable structure, and it transmits light. I have Cuban, Egyptian, and New ^'runswick asphaltum— all arc 'i^ansluccnt, and have an amber brown colour : this is the Egyptian. [Judge and Jury examine it.] This shews a reflection of light, and no appearance oi vegetable structure. This is the New Brunswick material : it is brown, but darker than the other. This is Cuban — translucent at edges, and brown like the others. In preparing the anthracite, it was first burned and the ashes put in the glass, and they shew the Vi getable structure. This is canne! coal shaved off in the same way, and is per* fecily black, and transmits no light. There are no appearance of ve- getable structure in this. I tried to burn it, and obtain ashes to ascer- tain the vegetable structure. I tried common bituminous coal, iHimed it and obtained vegetable fibres, which I have here : this is it. [Exa- mined]. I have pieces of Cuban, Egyptian, and New Brunswick asphaltum, shewing them structureless and amorphous. A^joiMCned till Monday, 10 o'clock. Doctor L This SI turn, whi( without ! Cuban ns it; it refl Looks place ber it is quite and trans but I ha> table mc Lancashi opaque, ture in c asphaltui in a 8tat( stances ( other, must hav in a fluic vegetabl water, filled wi trieu to good de) which d chlorofo of cann( A piec( solution bottles, terial — Cuban, mixed oxperin no doul The rej Egypth 57 MONDAY MORNINO, 10 o'clock. Doctor Leidtfs examination resumed. This substance is amorphous like the Cuban and Egyptian asphal- tum, which I will now shew by microscope. I mean by amorphous, without structure. [Looks at microscope.] Thie is a specimen of Cuban nsphaltum under the mleroscope. You can see no bodies in it; it reflects light. Examined by Judge and Jurors. Looks like a piece of brown flint, transparent at edges. I will now place beneath the microscope a piece of the New Brunswick material ; it is quite amorphous, and same colour as Cuban — it being amorphous and transmitting light : if any vegetable structure it would be observed ; but I have neve'- been able to discover the least tissue of any vege- table matter in any part of it. I examined a piece of cannel coal, Lancashire, and it was stratified or laminated, and was black and opaque, and transmitted nn light. I did not look for vegetable struc- ture in cannel coal ; my only object was to ascertain whether this was asphaltum. This substance has the appearance of having been rua in a state of fusion. This is a piece of shale from the mine ; the sub- stances on the broken edge of the shale have same appearance as i,.. other. The sides of the crevices correspond so closely, that they must have touched, and some of the substances between must hr^ ve been in a fluid state merely, and not liquefaction, which would have shewn vegetable fibres, or traces of vegetable or animal remains, if it had been water. The transverse lines as fine as a hair. Between shales are filled with substance, which must have been in a melted condition. I trieu to dissolve it in chloroform : this is a specimen in chloroform — a good deal of itdissolved. I then tried Cuban and Egyptian asphaltum, which dissolved wholly. This substance not being wholly dissolved in chloroform, is no evidence of its not being dissolved. This is a piece of cannel coal in chloroform — in same time, and not at all dissolved. A piece of bituminous coal and no solution. To shew that it is a solution, and not a mere suspension, I have a drop of each in these bottles. [Put under microscope.] This is the New Brunswick ma- terial — it shews the brown colour ; this is the Egyptian ; this is the Cuban, which resembles the Egyptian. 1 examined a portion of this mixed by Edgitt with paint: it transmitted brown colour. I tried experiments on pieces obtained by myself from the mines, and have no doubt the material is identical with what I obtained in Philadelphia. The residium of the material is similar in appearance to Cuban»and Egyptian. 1 am satisfied this substance docs not contain vegetable 58 liT ■*!, fitructure. The common English bitiiminoua coal presents the vege> table structure. I tried it by burning it to ash, and examining it in ash. 1 have also seen them without burning it to ash. Reasons why 1 think this is asphaltum : because it is, I. Amorphous; 2. Translucent; 3. Light is of brown colour. No appearance of stratification ; no ap- pearance of vegetative structure, and being soluble in same menstrua as other asphaltum : its being fused, not destroying its appearance. I examined a piece of the asphaltum fused by Wetherell, and that presented the same appearance. The result of my experiments is that this is no variety of coal, but asphaltum. Crosj-exatnined by Gray. I never saw coal nor hoard of any without any vegetative structure. I do not mean to say it is an incontrovertible axiom that no coal is without vegetative structure. If such were shewn, one of my reasons would be gone. Vegetable substances may be so decomposed as to discharge all remainsof vegetable structure. If all traces of vegetable were gone, it could not be coal. There may be organic matter not organised. If it were reduced to a perfect state of decomposition, it would be absorbed into the air or surrounding soils, and could never be solidified. The lustre depends upon its uniformity and fineness of particles. If vegetative structure were reduced to a fine condition, it would produce a smoother and more lustrous coal. In another instance, the Cuban or Egyptian drops might present more air bubbles than the other. The other now presenting more, is accidental. The darker appearance of the New Brunswick material is no evidence of the article being in suspension. I did not try to get ash from the New Brunswick material. I could not determine any better by ash than without ; because its being amorphous and transmitting light, I could see there was no such substance. I have seen brown coals and they all present the woody structure. No coal will produce brown light and be amorphous ; these two must go together to make asphaltum. The brown coals will transmit a brown light, but they are not amorphous; they are brown because of their imperfect carbonization. The brown is characteristic of asphaltum ; but in brown coal it results from im* perfect carbonization. VVhere perfect, it is black. Cuban asphaltum presents the same appearance as this. When Cuban is pulverized and put on paper, it looks brown. This not compared with other as to brown color ; it would to any ordinary observer appear black. There might be a substance brown in color and destitute of structure, which may be neither coal nor asphaltum. If Dr. Taylor were to say coals could be found without vegetable structure, I would not doubt it. If Dr. Mantel were to state it, I could not doubt it. If I were to see a substanc not say ture. C Oii of tu same pr of their tuent pa differeni Cuban a You mig tion of ra be efTecl the Nev vi color. I examii substanc oh, whai tirely dii in alcoh called es the color are the i quantity added, in some not cons tween c all in lu solve or I seven si I to one ■I 69 le vege* it in ash. y 1 think slucent; no ap- nenstrua earance. and that ts is that ructure. o coal is reasons ed as to iregeta'ole latter not Dsition, it jid never neness of ndition, it instance, bias than he darker e of the the New ash than , I could d they all ht and be m. The irphous; 16 brown from im- jphaltum jlverized her as to There e, which 3ay coals )lit. If to see a ,v substance brown in color and not having a vegetable structure, I could not say it was not coal. 1 did not examine cannel coal for its struc- ture. Gold leaf under microscope reflects green light, and without it. Oii of turpentine and oil of lemon contain the same elements in the same proportions. Starch and sughr difler only in the arrangement of their particles, though alike in component parts. The same consti- tuent parts of asphaltum by diflerent arrangement might produce a different material, and therefore this is one variety of asphaltum, and Cuban another. Thence would you make sugar a variety of starch. You might call it so. A difference of color may depend upon absorp- tion of rays of light. Therearecomplimeniaryraysof light— they would be effected by different substances. The same rays passing through the New Brunswick article anj Cuban, produce different degrees (>r color. I have examined coalj for years past, for curiosity. These I examined u few months ago^ for the purpose of comparing these substances. The first time I saw it on the Academy table, 1 said, oh, what a magnificent specimen of asphaltum ! I think it would en- tirely dissolve in chloroform. Oil of lemon will dissolve to any extent in alcohol, but turpentine only to a small extent, and yet both are called essential oils. There are substances from which you can taku the color and leave the substance, but it is not so here, for the remains are the same color as before. A grain of iodyne would color a large quantity of water. I think 30 gallons of water if chloridv? of added. I am 28 years of age. I have read that there are coals that in some portions shewed vegetable structure and some not. I would not consider a different shade of brown as making a distinction be- tween coal and asphaltum. The pieces put in the chloroform were all in lumps. They have been in for six weeks. Alcohol might dis- solve one seventh of turpentine immediately, and if so it would take seven successive portions to dissolve all. Then «>even parts of alcohol to one of turpentine would dissolve ii instantly. • Re'examined by Milner, Air bubbles are accidental in microscopic examinations. A curtain of gold leaf would transmit green light. [At Judge's request he puts a small portion of residium of bottle of New Brunswick article under microscope, who examined it ; it has lost none of its color, it has same brown appearance at edge.] John M'Clay. I am a native of Scotland. [ lefl twelve months ago, this July. 1 am 44. I was a coal and iron miner — over 30 years at it. I have been engaged in many mines : in 20 different ones in Scotland. Tho : 1 U I B P 1,.^' 60 mines are in the parish of Hillsborough. Coul mines have a general uniform appearance. I have worked in Pictou, in Ohio, Susquehannah, nnd other places in States. I commenced working in Albert mines the last of March last, under Mr. Cairns. When I first saw mines, the first impression was singular. 1 never saw minerals in such a state of confusion — 1 moan the strata and metals : in all the other coal mines the coal lay parallel to the strata, above and below. Here the vein is vertical, and the reed of the vein is horizontal. The strata of me* taU, what is called roof and floor, is sometimes 45° ; sometimes con< vex, sometimes concave. This has no roof or floor. I have fouii t fussil flshes as much one side as the other, but I never found any fossil plants. I never searched for them ; two specimens of plants were shewn me. In all other coal veins fossil plants are very com< mon. 1 have seen little shoots running oflfinto the strata, but I can^ tell how far they go. I never saw in Old Country or States any such shoots from the main vein. In other places coal formations are pa* rallel to strata above or below, and cleavage is parallel to bed of coal. Not so here. The strata here, stands at right angles to the vein. The plants I saw were in some cases similar to what I had seen before. I believe they were got at the mines. 1 have worked in Renfrew* shire, in Honlot mines. I visited that as assistant surveyor. It lies in the same fashion as other coals, and has all the characteristics of coal deposit. There is a stratum of lime there which is difTerent from any other. I think I have not seea any mineral charcoal la this mine. 6ih. Ap [evidence l ; Asphaltunr The pla As to s< lie possess They have Johnson possession could not possession could not from Stev verse posi possession and trans! Palmer [are minin J before he ll session of Mr. Ki Judge. i adverse p I ATTORNEY GENERAL — FOR NONSUIT. Ground 1st. The two first counts stale forcible entry and detainer, and plaintiff has shewn he is a lessee and not a freeholder, and therefore can't sustain those counts. 2d. Under third, fourth, fifth, and sixth, plaintiff shews that at time of his entry neither title r>or possession. 3d. Has shewn possession of locus in quo at time in defendant, under Duffy, who carried on operations long before purchase from Milner. 4th. Defendant merely expelled plaintiff from mines and nothing more. Binney went out 9th January, and Cairns forbid hin^ ; and after plaintiff dug mineral was forbid by Cairns to remove it. 5th. Purchase by Milner, was purchase of right of entry alone: Duffys had sold out to Cairns : he was in quiet possession : void by statute and common law. Mr. Gi Defenc phalium, common I soil ; anc session, tl I when pla Anothi I knew tra We wi i to settle an invasi ourpropi We land, asphaltui general ihonnah, ines the nes, the state of aI mines he vein of me' es con- e fouii i und any f plants iry conf). 1 1 can^t my auch I are pa- 1 of coal, the vein. fi before, lenfrew' • It lies ristics of difTerent ircoat in '^ 61 6th. Applies solely to seventh count for taking asphaltunn — no evidence to shew plaintiff's property, and therefore cannot recover. Asphaltum is a mineral : grant excepts it, whether coal or not. The plaintiff had never been in possession. As to second point: plaintiff had not possession of mines, nor had he possession of that part of locus in quo we were in possession of. They have treated us as holding adversely to them. Johnson on same side. Referring to third count — party must shew possession at time ; and if defendant in possession before, plainti^ could not recover : very act complained of as trespass would be a possession. What might be an act of trespass under George Steves, could not be as against present plaintiff. At time of the transfer from Steves to Milner, and from Milner to Gesner, defendant in ad- verse possession not proved. Defendant went an inch beyond Duffys possession. Our possession is a continuation of Duffys possession, and transfers void under statute. Palmer. Only point, point of possession. The leases from Sieves are mining leases. The plaintiff must revest himself with possession before he can recover. Ros. 486 : working one part of mine, pos- session of the whole; they can't seek to recover for trespass to mines. Mr. Kerr — stopped by Court. Judge. I decide that that there is evidence to go to jury, even as to I adverse possession, and that 1 cannot stop the ease. •i Jetainer, Jer, and it at time fendant, se from nothing m ; and y alone: void by Mr. Gray opens the defendant's case. Defendant in quiet possession. Not simply whether coal or as- phalium, but our first position we take is, at time Binney and others, common lot, we were in quiet possession with consent of owners of soil ; and that plaintiff trespassed on us ; and if they had not pos- session, they cannot maintain action ; if we were in adverse possession uhen plaintiff purchased, then plaintiflf cannot recover. Another point. At time Milner got lease of Steves and Gesner, they knew transfer of Duffys to Cairns. We were in possession of that which was oor's ; they came on, not to settle the land, but to work the mines ; that purpose of mining was an invasion of ou • rights, and if we drove them away it was defending our property. We will shew that Cairns disclaimed interfering with the use of land. Under George Steves' grant, not entitled to article, even if asphaltum, for all minerals reserved. 62 V: We aro fintilled to sell the mines under our lease, and to a right c| entry for purpose of working. Again. If coal, we are clearly entitled to it ; for they don't protcnc| to claim coal. Wc will shew that this is coal, and not asph;\ltum. The plainiicl himself treated it as coal until his imprest to call it asphaltum. VVIieJ he was employed as Provincial Geologist, [Gesner^t Report of 1811, pp. 27, 28), coal was found most abundant above Boave.' Dam, aboul nine feet thick, quality of coal superior, &c.; a quantity collected anii| ignited, and burned with great splendour. {Gesner''s Report of 1810, p. 66), on lot No. 3, a quantity of canne! coal found at bottom of small ravine, five or six miles from mine. We will shew you that it is coall and not asphaltum. [Reads from paper read before American Insti- tute, of coal mines in Cuba, in a vein, thrown up at once, wedgej shape, small veins passing off, black and lustrous. We will shew soft substance never found in the mine. Dr. Taylor] says by no means necessary to establish as coal, that vegetable struc- ture should be found. We are entitled as honajide purchasers. The conveyance from John Steves to James, Dawson, and Robert, confers no right to mine. In conveyance to Milner, they only give right they had, and notl right of mining; and yet Milner covenants to pay Is. per chaldron. If one hundred chaldrons not raised, lease to be void ; if fails, leasej to be void ; if succeeds, a good speculation. We will shew from Crown license to DufTys, &c. Taylor^'s work^ introduction, 93 : The most perfect coal has under- gone liquefaction — ibidy 636. EVIDENCE* Crown license to John Duffy and Peter Duffy of mines, &c., for twenty five years — gold, silver, &c., and other minerals, &c. — one square mile, ^.ned 11th January, 1850. Assignment of lease from I P. and J. Duffy to Cairns; dated 13th December, 1850; acknow. ledged, 2Isi December ; registered, 28lh December. Kerr objects, that by Act of Assembly conveyance must give inte- rest in land before admitted by acknowledgment, and should be proved by subscribing witness, and that it gives no interest of land. Judge admits assignment, and reserves point. Grant ofl'ered from Crown to John Martin, 3rd December, 1833, of! lot No. — , of lot B., 200 acres, adjoining No. 1. Kerr objects, that it is irrelevant and has no bearing on the case. Judge admits the grant. (Read in evidence). 63 Viss Bolsford, hy AUorney General. I am attorney for defendant. I served nolico to produce on C. Milner. I served copy of this affidavit and notice on Mr. Thomas /fane, in Mr. Milner's office. lie attended the office and received khe papers on 5fh July, 1852. I subsequently saw Mr. Milner, who temurked that 1 ought to have brought a wheelbarrow to bring the papers; this was immediately after 1 served on Crane. I served copies of the deeds mentioned in the notice. Cross-examined hy Kerr. I don't know what authority Crane had in "^lilner's office — in post* )f1icc : he keeps post-office too. I think I asked Milner about the papers, when he made this answer. I have served many papers in lihe case. I understood him expressly to refer to the papers I served that morning : he said it was all right, and that I ought to bring a wheelbarrow or waggon. He met me and served me with papers on |thc road. Notice offered in evidence, and affidavit annexed. Kerr objects to its being read, as irrelevant. Judge admits evidence. Copy of this deed served, John Martin to Frederick Steves, dated |9lh April, 1836 ; acknowledged same day. Two hundred acres, (same lot as grant.) Frederick Sieves and wife to Robert M. Steves, ;£100 ; dated 25th November, 1844 ; acknowledged 25th November. Lot B. Robert M. Steves and wife to C. Milner, .£150 ; 14th November, 11850 — one undivided moiety of lot B ; acknowledged 14th November, land registered same day. C. Milner and wife to Robert M. Steves, Is., 17th December, 1850; acknowledged 31st December, 1850. Release, quit claim, (Sic. ; one jundivided moiety of lot B. Robert M. Steves to Edward Allison, £1100 ; dated 14th February 11851 ; offered in evidence. Kerr objects to admission, being too late after issue joined. Judge sustains objection, and deed rejected. |i?eMic» Stilesy hy Attorney General. I reside in Hopewell. 1 am deputy surveyor upwards of 20 years. I know where mines are. I have known the land there these ten jyears. [Attorney General reads description in Duffys lease.] I was jcalled upon to run out that, and ran it out according to the lease. I did hot run the north side, and part of west end. I know George Steves' 64 grant — pi\rt of it is wiihin iho bounilfl of that lenso. [Rends dcscrip.l lion of four acres.] I ilon't know ilmt except from hoarsny. 1 don'i know whether mining lot includes that. I know wlicre Cuirns is at| work : tlmt pluce is within iIk) mining lease. I ran division lino be- iween Martin's and Georifo Sieves' lot. I think the buildings occu. pied by Cairns are on lot B, Martin's grant. There is one shafisunkl on Martin's grant. Tho shaft opened by Dufiys, and occupied by Cairns this summer, is on George Steves' lot. Duflys were at work n year before Cairns went there, and Cairns is working about tlie same place. Cairns went in after Dufiys wont out. ! ran out the lease for Cairns. I had a chaldron from Dufiys and burnt it, when they first opened it in 1850. I got it to burn in a franklin. I found it answered a good purpose. 1 bought it as coal. I worked it in a blacksmith's shop myself, welding iron and steel. I worked it in 1851 — part of same ; it answered very well, but not profitable to work in a shop. It does not last, makes too great a blaze, and rather light. I saw Gesner several times in this Province, when making geological surveys. Me called iicoul. I first saw the coal at Mr. Edgilt's. lt| was black tlic same as this. . Cross-examined by Kerr. 1 had a copy of lease when I ran out lines. I knew George Steves'! lines. I ran some lines for him. 1 ran line between him and Martin five or six years ago — I think at request of Frederick. 1 won't be positive as to running a lino for John Steves. I began at south east corner of John Steves' lot. That line had been run out before, had been round all these lines before, and had measured across the] front of all the lots. I ran from south east comer, due west 15 chains, then south 50 chains, then west feO cl. linsjthen north about 40 chains, I then came to end of 15 chains, and run about SO chains north, across John Steves' grant, a mile square — contains 640 acres. I ran out lines a year ago this summer, after Dufiys left. I know where DufTys ran in a level first, and then tljey went into the slope. I paid Dufiys 15s. for the chaldron. My father kept blacksmith's shop, and I used to work sometimes. I mended some chains and made some | horse shoes with this material. The shop was occupied by Anderson. Anderson got out of coal, and I let him have some of mine ; 1 will swear no charcoal mixed with it; I never saw it run through the I grate; I burned it sometimes with wood. I don't think this mine was found till Dufiys found it in 1849. I did not hear Dr. Gesner refer to but one kind of coal, and I believe it was like this: small! pieces picked up in the brook. I understood Dr. Gesner, the piec€ he I fifl liiiiI,CQino out of Kredfrick'a brook. 1 will swciir lliiswn.s nottliu lijrn|) shewn 10 mo : it wns brighter ; it was so long ago \ ca\\\ awcat to size. Re-examined by Attorney General. Tho line between lot B. one) No. 1, runs across ihc lease, and 1 liavo been on it since, and it goes between the two bliafiii. John Duffy — iworn on voire dire. No interest except what appears from lease. Lease to myself and brother Peter. After we bought lease, we began to mine. I uiider- fitood I worked on land of John Steves.' Same place wliiire VVillinm Cuirns is now mining ; where he is now taking up, is within the com- pass of where we worked. I went to John Steves and told him 1 hud u mining right. Gray asked, did you go upon the ground with the consent of any person ? Kerr objects. That notice contains no license, they can give no evidence of it. Judge. I sustain — can't be put in this way. cross-examined by Gray. I went into possession in November, 1849, and continued to work there. I knew where the lend was. We commenced work about the last of November, 1849 ; we went to work clearing off and digging, and worked that winter, and go; out about 500 chaldrons: same place where Cairns is now at work^ v.? v. )rked till the year 1851, when we sold to Mr. Cairns, in December, 1850 ; but our men were there the 1st January 1851, I was not there when handed over to Cairns. My men were taking care of the place, when I was in Saint John. For i^3,500 we were to give what stated in deed. We had coal tJjere dug up, and we had the benefitof it, andsold it toAlIison. After we sold. Cairns had full right to the mine, and we have not worked at it since, save to remove coal sold to Allison, which was removed by my brother. There was no actual pos- session of the land when I went there in 1842. 1 think John Steves then owned it. I told him I had a lease for mining there. Kerr objects to what John Steves said to him, by way of permission or license to enter. Attorney General. Plaintiff claims on deed long after such pos- session given, and this does not come within rule of law, as to license. Mr. Kerr. The uvidence of license cannot be gone into, because John Steves is not a stranger ; but one through whom we claim — and no notice of license. Gray. We deny any trespass at all, and to plead license would be to admit trespass. Adjourned. G6 TUESDAY, 27th, 10 o'clock. John Duffy recalled^ and examination resumed. I think I made an error us to bargain with Cairns. Besides what mentioned in deed, Cairns was to take the buildings and implements such as he wanted, and was to give what they were worth, as to be agreed upon by ourselves. This was over and above the c£'y,500. I can't say that the amount was settled. I was satisfied. We ht^d a small house and a gin house. I don't know th" house is there now. I was there eight or ten days ago. I think the cook house is removed. Most of the buildings there novv are on the Koberi Steves' farm. 1 went to see John Sieves. Kirr objects to any evidence of consent of John Steves to enter upon the land. Attorney Ge^jcraZ submits that he has a right to shi \v the agreement betv/een witness and John Steves, by which he went upon the land, although that agreement includes Sieves' consent and permission to enter, John Steves being the owner of the land at the t'me. It is contended we should plead leave and license, b''* not so; w j may be tenant from year to year, or for three yea»s, under parol license. Only necessary to plead license, when licensed by plaintiff himself. 1 Ch. PL 538 — " A possessory right can be shewn under the ge- neral issue." 541 — " Under general issue defendant can dispute plaintiff's possessory right." If we shew plaintiff has no possessory right, we cut Pt root of action. Defendant mast shew superior right in himself. We can give parol lease for three years. If we can shew right to enter under former owner, we cut down plaintiff's right. 544 — " A license from plaintiff must be pleaded specially." 3 Ch. PL 1 106 — Form of license from plaintiff. If license was from plain- tiff, we would be obliged to plead it. 2 Stark. 1117 — Under general issue defendant could give evidence to shew lime of trespass. It was no trespass at common law. Suppose Sieves gave us lease for years, we could shew it without plea, or that he had any title or right to possession, or tenant under plaintiff, or in common with plaintiff. I assume we can shew Duffys tenant from year to year under Steves ; then we can give it in evidence in present case, that he was lessee for years, of land on which trees grew. This is no license offb : this was in November 1850 ; after that I sold to Mr. Cairns. I told Cairns I had paid Sieves ■£10 for the previous year. .John Steves was out in the winter of 1849 and 1850, while we were at work ; he could not help but see our work. We got up a considerable quantity, and he saw the ma- terial we were raising. During the first year we built a house, and gin house, standing on Steves' property, and cut trees and did what we liked. We sunk a shaft, and we had a row of coal shoots on this ground for the purpose of loading coals on sleds ; these weie up when G8 h Sieves was there, and coal shale was thrown out on the ground, which 1 have no doubt he saw. Our men remained there till Cairns went out and took possession. The material went under the name of coal : we generally sold it as coal ; we sold it to settlers about here : some at the Bend, some to Shepody, and some here. I worked a little in forge once or twice myself; I sharpened picks with it. I never raised coal under any other lease. Cross-examined by Kerr. I paid £0 for license. I purchased lease. I think sale 20lh No- venjber, 1849 ; license came to me in the winter. I went to work before I got license, last of November ; we made no survey by sur- veyors at that time ; we went back one day, or twice, before we got license ; v c found ii out in August ; we commerced working last of November. The license came down in winter. We were on one or two days before we asked any one ; we bored with an auger. I think in November I saw John Steves before we took any men in, and we took men in about last of November. I told him we had a Crown right, and that we found coal there ; and I thought I would come and ask liberty from him. I told him I wanted Fiberty to goto work : he told me to go on, and go to work : no agreement as to how long I should work, or what space I should occupy. I think his son John L. B. Steves was there — I won't be positive ; some of the family were there ; I can't be positive who ; the women were in and out. It was in day time I was there, I think in forenoon. I think we ran a line partly- round by Stiles' I think. I think Cairns sent for him to know line between our license and his. He did not run the north line and part of west line. We first went to work in south hill, and then we went to work in north east hill. We went in one or two hundred feet into south hill before we left. The north east hill is from t>/o to three hundred feet from south hill. We put up coal house opposite to south hill. We went from two to three hundred feet into north east hill. We quit after that. We shipped off some of the material to the Stales. We were the first who dug any quantity known for use. We r ^Id probably thirty chaldrons in the neighbourhood, f had seen sr... II pieces for a number of years before. John Steves was there when we were at work. I am positive when working into north east hill he was there. I don't think I ever saw him at the mine after that winter. He was out more than once. I thought he came out to see how we were getting on. I don't think I saw him there after we quit in March. We began again during next summer; commenced between the two hills — that was the slope : we got out coals there. I was in hopes of 69 making it out asphaltum. I might liavo called it asphaftum. We discharged our men in 1851, 1 think. Our tools we gathered up and look to Rohert Steves', about half a mile. Wc took away all but cook house. When we went to work in summer of 1850, we did not ob- I tain further leave from John Sieves. When we sold our property, we liad men at work — 1 don't know exactly how many. I never hindered Joiui Steves from coming on his land while I was there., When I went second time, in November, to John Sieves, he commenced the suliject first. I had no idea of selling at tt.at time. I can't say what time in November. I was there afterwaids on the 24th December. I asked him what his charge would be ; he said it would be .£10. I don't know he had been out to see what damage done to land before* I asked him how we should get on for the future, and be said I might go on till spring. I did not apply for any body else. On 24th Decem- ber I made him an offer of £5 if he would not convey to Milner, and he refused it; a little more was said. 1 offered him ^5 if he would not sell till Cairns returned from Saint John. I did not want him to make any bargain till Cairns came up : it was agreeably to a clause in my agreement to Cairns ihat I applied to him. 1 told him I had sold to Cairns, and of the clause in the lease, that 1 would use my influence. I did not succeed in my endeavours. John Steves wanted me to have an agreement, to take off", or give up, or something to that efTect. I think he mentioned coal, and my tools, or to that efl'ecf. I did not tell him I would remove them. The coals went to pay a debt we had arranged through Mr. Allison, He wanted to give me a wri- ting to take off' my things. I understood him he was leasing to Mil- ner at that time, and I expect his object was to break the arrangement with me. He did not say ihat I might remain on till spring, unless I sold out to any body else. I put shales on ground. Can't say how many trees I cut at that time. My brother John was not with me at either time at John Sieves'. John Steves did not complain of my cutting his timber without his consent. I told him we were cutting away there ; he said I know you are cutting away: this I think was when we settled for the £10. He said I might stay there till spring, and my view of it was, 1 was to go on and work as usual. I think John Steves told me I did not own the land ; but he did not tell me I had no authority to be there. 1 did not tell him, on the 24th Decem- ber, that I had no right to be there. 1 don't think he ever said I was digging coal, and not asphaltum. Re-examined by Attorney General. I thought if it was asphaltum, it would be more valuable ; but i could 70 ■<[ ",! not succeed. I had a man'by name of Stewart working there, and two of John Sieves' sons hauling coal, Janncs and Dawson. While we were at work before, I offered him the £5 ; he said he had been wnit- ing some time. When 1 offered him the .£5, he did not say whether he would wait or not. Milner was in adjoining room at the time, i think Squire Steves was in during the day. Wiien I first went there, 1 was in room where Milner was, and came out. I made arrangcmenl \v!ih Steves Tor both myself and brother. Peter Duffy, by Gray. I am brother of John. I was on ground the 9lh January, when Binney came on. Before this we had conveyed to Cairns, on or about 1st January, 1851. 1 went in for the purpose of clearing out and dis- missing my men, and putting things out of the road. I handed him over the uey of the cook house, built opposite the mouth of the north east level : the house was about 150 feet from slope : we built it. I handed over such tools as Cairns wanted. There was a gin there, and I agreed for the price of it, and gave it up to him. Before this we had assigi.jd our right of mining. Afterwards, on the 9th, Cairns forbid Hii ney f>nd others from interfering with his mineral. He stated to them he was owner of mining rights on ground where they were, and not to meddle with it. Mr. Brown, Cairns' foreman, was present. Binney said ''O would take this opportunity of forbidding Cairns ; he said something about silver and gold — that Cairns had a right to them. Cairns said he would pay all damage. I think he said if he was a trespasser, !.e would pay damage. I always considered it a coal mine. I had doubts it might iiave been more valuable than coal, i was not willing to deceive myself: if it had been any thing more, I should like to have known it, as owner of the mine. John Steves' sons, James and Dawson, and J. L. B. Steves drew coal for us when we were working ; ihey s 'W the trees cut and shale on the ground ; the haul- ing was in winier. VVhen we transferred mines, we had about 200 chaldrons on the ground, and I hired teams, and drew it away. Cross-examined by Kerr. The greater part of our coals were put on Edgitt's wharf in heaps : were in a different place from Cairns'. I think we got nearly all away in January. I might have called it asphalium, but I had my doubts I left behind some pots and kettles, and saws and augers. I did not understand Binney sufficiently to make sense of it at the time. I did not hear Cairns say he was a trespasser, but that if he was a trespasser he was willing to pay the damage. Milner was there in and two hile wo en wnil. whetlic/' time, i It there, igemeni y, when or about and dis* ed him he north uiltit. I lere, and s we had ns forbid stated to vf.re, and present, irns ; he : to them, e was a )al mine, was not ould like s, James ive were he haul- iout 200 I heaps : arly all had my gers. I he time. I was a here in 71 November 1850. He said when we came to tho adjoining lot ho would got an injunction out of Chancery and stop us : that was about 14lh November, I think. 1 did not know there was any dispute about asphaltum or coal. Milner said he would raise a question. There was no dispute before I sold to Cairns. 1 think he said he would raise a question whether it was a fossil, or mineral, or asphaltum, or coal : and I told Cairns that Milner said so before I sold to him. It might have influenced me in selling out. I probably called it asphal- tum before that : if I ever called it asphaltum, it was in a joking way. Asphaltum was used as a bye word. I think the jokes and bye words were after Milner said he would raise the question. Re-examined ly Gray. T reluctantly came to the conclusion that it was coal and not asphal- tum. I can't say what quantity Cairns had out on the 9th January ; it was a small pile, lying on top of shale we had thrown out. Archibald Brown, hy Attorney General. I have been in this country three years. I am in Cairns' employ since 1st November, 18.50. 1 have been in charge of Albert mines since 30th December, 1850, under William Cairns. I know J. and P. Duffy. I was present when they handed over mines to Cairns. In first place cooking utensils and mining utensils — then the gin house where coal hauled up, and last of all the slope and mine itself. On oOil. December, 1850, 1 had two men along. I had been exploring six weeks in neighborhood, before and since that time. I have worked since at the mines. From that to 9th January, we were sinking a shaft about 50 feet from mouth of the slope. It descends perpendi- cularly, and goes into the slope where DufFys worked. We had the shaft down 27 feet on the 8th of January ; we were then \ii feet into coal ; on 9th January we had no less than 25 men at work. We had all the buildings which had been handed over: I was present. John Robertson and his son. Bowman, Downie, and Binney, came on with picks and shovels, and commenced shovelling snow about 250 and 800 feet from our work — exactly on top of the seam of coal. Cairns, P. Duffy, and I went up. Cairns said he would forbid them interfer- ing with his minerals, as he was owner of the mining lease on which they then were ; and he would hold each and all of them responsible for what they would do. Mr. Binney said he would take the oppor- tunity of forbidding him from trespassing on our soil. Cairns sHid I will pay all damages if I am trespassing, but I do not know thai ] uui. I don't think anything else passed. I made a memorandum at the t;me, and I have referred to it a dozen times, and I cannot be nii:^taken. n 'f Aflur we left them, lliey wont on sinking tlie sliafl, and sunk it about 12 or 15 feet; it went through on the DuU'ys old level, and this was part delivered up to Cairns before. They had taken about one half a chaldron out on the '21st January. I made a note of it about five minutes after. 1 was called to witness by Mr. Cairns, to see him take possession of j)it or shaft, sunk by John Robertson and his son, J. Bowman, and G. Bowman, Stillman Downic,and VV^ard Edgitt ; the latter forbid us all from going near the said pit or shaft ; he was an- swered by Mr. Cairns, who said, so long as he or they worked on the surface or soil he would not interfere with them, but now they were working or taking his coal, which he owned by a grant from govern, ment ; and ho said they had better give up working, for he intended to protect that coal. He also asked the said parties if they would take the barring out of the said pit or shaft, and he was answered by John Robertson, that they would let all stand as it then was. Mr. Cairns also said, if he or his men did any damage to land or soil, he would pay all damage ; and Mr. Cairns then gave the pit or shaft to me in charge, and to let no person or persons take or interfere wiili the coal, and to take away ihe coal ihey had taken out of said pit or shaft, which I did ; and caused to be built a temporary shed over the said shaft, not interfering with any of the bars in said pit or shaft. John Robertson and his son were there all winter on the land, and not interfered with. There were two buildings there at the lime, the same as delivered by Duffys. Cairns has erected buildings since, on his own land, and on no part of this. The land adjoining belongs to Mr. Allison, and he gave it over to Cairns. 1 have been 18 years working in mines. I will be 30 years of age next August. I have worked in many mines. The first, colliery in Lanarkshire eight years — many de* scriptions of coal in that field, part bituminous. Next in Dunlaggan colliery ; iiext in Hinlot colliery. I have been three years in this country. I have worked cannel coal in Eglinton colliery, in Ayre- shire — a small thin seam overlaid by ironstone. This coal is brighter than any I have ever seen before. I think this is a rich coal. I have a good many specimens. With the exception of this coal, lying nearly perpendicular, I know very little difference by some I have known in the Old Country. Most of strata is parallel with walls; where the seam takes a turn, the strata shews the edge to the seam. This is a fair specimen of most of it. The rest is coarser. You could not get a finer specimen than this. This is another specimen from the mine, which is rather coarser in the grain. This is a piece of fine and coarse together — smuts the hands. I could furnish 10 or 12 chal- posed to be formed by branches of i\ r. [Shew s some branches of spruce cut ofT, correspond- ing in shape with the concentric rings in coal. Produces three spe- cimens from Maryland, with smooth dark parts, without lustre : one of anthracite, and one of Albert mines, with parts the same]. This is a Frostbury specimen, with the bituminous veins distinctly marked, as in the specimen of Albert coal (x w). All these marks clearly in- dicate, in my opinion, a vegetable structure. The specimen of an- thracite contains an impression of a leaf, and this from Albert mines has an impression of a similar leaf : it was sent to me by Dr. Jackson. To me this is a strong mark of its vegetable structure. This large specimen I got from the mines ; this from Frostbury ; and the three anthracite have polished surfaces. This large specimen has a simi- lar polished appearance, from Albert mines. In the Albert coal, the bituminous action has destroyed nearly all the vegetable structure ; but I have not the slightest doubt of its being of vegetable origin. I look upon it as a regular coal formation. This has a number of points agreeing with other coal, and could not be an injected mass from There I loss dun- tobepi8on Uniir'! United |J my a|. ■■>Ies, and and form ecimotjs liiefly of rt mines; specimen u ranees, )ecimens ids of the this (o be ', !'•• the » oi .(U- hese are ■ings and ' cavities, )rmed by rrespond- iree spe- trp : one This is irked, as earlv in- n of an- rt mines Fackson. is larnnn more 'urned to chemical properties of coal, than geology. I hft'/^ tUffitui my attention to chemical pro- perties of Albert coal, I hay/j specimrr « here : these I took yesterday from the mhten. O/al is remorkuMe fot li^tinwAutc, as distinguis'ned from other carlx/nas found here which belong to coal formation only. There are remarkable fossil trees here ; the rind or bark converted into a substance closely resembling anthracite — m North Cape and Ben- nett's; and these conglomerates are inseparably connected with the mines. The conglomerates of Edgitt's cape are older than iSlorth and Bennett's cape, for these overlie thein. It is observable that cause of disturbance at time has acted laterally. [Shews by pressing together a book.] These shales I took yesterday from mine; ono piece has a hook, which must have been turned suddenly ; and away from the turned part the shales were parallel. This is a piece of folded shale. The bended shales are most argillaceous, and they contain, insoluble 58 per cent. ; s' 'ubie t>6 ; lost by heat 15.;V. Had it not been for the twisted edges the slmles would have been parallel. Ordinary shales lie flat on coal, but here shales are excessively dis- torted. I see no evidence of an anticlinal axis. From all my obser- v.itions, I believe the strata in the main have Iho same nH)d(; of dip j they vary in the jungle, but the dip is the same way. Near Frede- rick's brook, I saw the recurrence of the same Ptratdied Ixds, which are found in opposite directions. This I consider a conclusive proof thai this is not an anticlinal axis. I caused a plumb line to be held, and have dropped stones, and in sixteen to seventeen feut they always L 86 struck llic floor, proving generally the inclination is ihc same. I saw nothing like a widening out: at 150 feet deep we ought to find a great difTerencc in an anticlinal axis, but this does not shew such a diiler- ence. 1 would not call it anticlinal axis olthougli it varied in widili. The law of the deposits of South France is irregularity, and not re- gularity. The coal beds in Massachusetts are excessively distortod. 1 have found here nodular iron ore, on both sides of the vein. This is a specimen of kidney ore and iron pyrites, and are indications of coal. There is no coal without sulphur, and sulphur is here. I think 1 have enumerated all the geological evidences in coal. The occur- rencc of a horse is a very common thing. One reason why 1 thought the substance not injected is, bits of shale are among the coal, shew- ing ii was in an unfuslble condition. The force of injection would not have removed such large masses. It is not fair to suppose that whole body of mine is like these beautiful specimens. Without know- ing where this rough piece came from, I could not say it was from the Albert mine, but this beautiful piece I should know at once. This is exactly such a bit as you could get out of an anthracite mine. [Largest piece of Brown's.] I should be surprised to see such from an asphaltum mine. There is more diversity in the mine than 1 had supposed from the specimens I have seen. The resemblance to or- dinary coal stronger than I thought. I have seen other evidences. This is a portion of an impression : cylinder shape, wide at bottom, and narrow at top. Had I seen it any where else, I would have sup- posed it ]cA been a tree. A peeled tree like a mast. Had the rind been impressed, there would have been no doubt. There were deli- cate, longitudinal, and lines parallel from bottom to lop, which indi- cated the existence of the tree. CHEMICAL EVIDENCE. After much study and thought, I have come to the conclusion that no substance is asphaltum whsch will not fuse without decomposition, No asphaltum that I have seen refuses to melt before decomposition takes place. I think ihis is a distinction which I can stand by, and an irrefragable position. When placed in a flask like tiiis, when decom- position commences a white cloud is visible, and it is gas and will burn. We know substances in three conditions, solid, fluid, and gas, and many solid jia s to gas without undergoing intermediate fluid state. This passes to gas without being in fluid state. A more numerous class pass from solid to fluid before they turn to gas. A.-^phultum will go to fluid and back again any number of times, so that li. don't lake fire, which could not be done with coal. [AUorncy General claims hi as matter of riglu to make experiments by spirit lamp, iti fusing the material and for other purposes, rrofessor Sillinuin lights a lump for the purpose. Judge refuses to allow experiments by fire] The most uninformed person may try in (lame of candle. A pioce of asphaltum will melt and run down like sealing wax — the Hillsborough coal will not. Asphaltum if powdered and put on while paper, and liclJ over a candle, so as not to burn the paper, will melt and take impression of a seal: this is a specimen which I sealed ; but with this article it is not so. On the contrary, if Hillsborough coal held in this pewter spoon, the spoon will melt and run down before the coal. I have put Albert coal under melted lead, and it did not rise to the top of the lead, but remained beneath and softened. Cuban asphaltum below lead will melt and rise to the top. If you heat lead to 700, the coal will turn to gas. I have attempted to fuse Hillsborough coal in naph- tha, tar, oil, and other menstrua, and the ar^.icle remained undissolved. I tried to decompose in this glass, and failed : it gave olf a copious ef- fusion of gas, and here we have a fine powder and a portion of coal lar. In this case a destructive distillation takes place, and the matter distilled falls back again, and a portion of coal is placed in a menstruum of coal tar, created by itself, and which in turn operates on the resi- dium and assists in its solution ; it is a pyrogenic product. Atmos- pheric air was excluded, and the temperature was above 600; the bottom of the glass was softened, and I think the heat must have been at 900. I should conceive that not less than 900 degrees of heat has been applied to that Florence flask (Wetherell's). I think the Hills- borough^coal does not give off gas under 500. I also tried a similar experiment in a smaller quantity with Drs. Deck and Hays : this is the result — the part next the glass is smooth, the top at the centre re- tains the original appearance of the fractured coal. Dr. VVetherell {:;ave me a piece of his melted material, and I with Drs. Hays and Deck dissolved it completely in turpentine — not more than five per cent, of residue. We could re-fuse it, and cast it anew. We endea- voured to repeat Dr. Wetherell's experiment on our own, and we could not do it. We dissolved a portion only. This is a peculiar experi- ment which should be well and carefully observed : it is an altered ])yrogcn. We came to the conclusion that we could not make any thing of the kind of Dr. Wetherell's. We worked two days and two evenings, until we broke up all the vessels we had. I should decline drawing any inference. Dr. Wetiiurell is a person in whom I have every confidence. I decline stating any conclusion. We got a piece from Court. We put a weighed (luantily in this retort, and after heat- ing it, we found it lost 12 per cent. This proves it is not asphaltum. ws 118^ li 4< ■'■' I have Irlod to fuse it in a cantllo, cVc, but have never succeeded in making it softer llian ordinary dough. You can do that with some of ihc Newcasth) coal, but not wiih equal facility. I have tried it in Now York with Ur's. Di^ck and Torrcy,, and in my own laborn. lory in New llavon and Louisville, and hero with Dr'a. Hays and Deck, lo (iissolvo it in various menstrua. 1 have found best solvent to be spirits of turpentine, and highest average of solubility eight to ten per cent. \Vc pulverized it very fine and put it in flask, and re- pealed the operation until wo found the turpentine not colored so long as warm in turpentine above boiling point ; but when cooled, nranular as before. When substance was weighed, wo ascertained what it had lost. The only mode in which any relative result can be obtained, is by the fdter, and not by evaporation. I never succeeded in getting more than twelve per cent, by the benryole. Under alco. liol, Hillsborough yielded half per cent. ; to ether 3 27.100 per cent, chapapote ; lost in eiher 2'2 79.100; in alcohol only about half per cent. So neither alcohol or ether is proper menstrua for these substances. I tried it in sulphuric acid, and found it produced hu- mous. Sulphuric acid boils at about 600. I have found no men- struum in which this could be dissolved ; great danger of deception by solution in turpentine — it will give a dark color to it. It is a true so- lulion of a certain portion of biliiniinous matter in coal. I have tried it in coal tar, grease, resin, oil. To all it imparls the same coloring; it does not dissolve. In this crucible are two parts of gas tar, and one part of coal tar; it was heated, but could not be uirned out of crucible; lliis has three fourths its weiglit of coal tar, and was heated ono and a half hours, at a heat equal to boiling lead, 600. This small crucible contains equal parts of coal tar and coal, and in no case could they be poured out : the coal was not fused, but was in suspension, and could be felt with a spatula. Coal tar when boiled to half its bulk becomes itself a pitch, and is sold as coal tar pitch. If a man had said he had graved his boat, from coal dissolved in coal tar, I would say he liad graved his boat in coal tar. I have coked some of it, and it increases in bulk from thirty to fifty per cent. This was produced by me : it is light and porous, but not so light as some other coals. I have thought the coke and coal stood as sixty to forty. I have obtained it as high as sixty two, and as low as fifty eight. I have made an average of all ihc kinds I could find, and mixed them ; and deducting one and a half per cent, water, this yields fifty five per cent. gas. This coke is from Ice Hall coal, and yields seventy three of gas, and swells to double the size. This coal swells more than the Aiuort. This coke is from Pictou, which yields fifty percent, of gas. an(. 89 ceded in liat with uve tried a bora, ays and solvent t-Mght to I, and re- |olorcd so cooled, ertained It can be icceedod dcr alco. .100 per l^out half for these uced hu- no men- eplion by a true so. lave tried coloring; 5 tar, and ed out of as heated his small ase could spension, half its f a man )al tar, I ed some Fhis was yie other rorty. I iight. I d them ; five per ty three than the of gas. This is Kentucky coal (n slate caniiol), and it yiuUls sixty seven per cent, of gas, and does not swell at all under lieat. This is IVoiu Kain- say's Main, Newcastle coUc, double the volinne of coal from which produced, and gavo seventy ono gas. This is from Frosiliurg: thi.s does not give over forty per cent, gas, and coke swells three to fivo times its original bulk. I mention these fuels to shew there is no re- lation between the bulk of cokes and the quantity of gas produced. This coke was taken from a gas retort, and is a conductor of electri- city, and is used in galvanic batteries : this is hard as steel. The coul from the Kamsay Main yields to turpentine a slight coloration. Tho Ice Hall, and cannel coal from Sco'land, do the same. As the result of all, I come to the conclusion it is impossible to I'use it without che- mical decomposition. An organic analysis is interesting. Coking is a rude analysis into volatile and solid. I understand by terra " mines," a place where a valuable deposit of mineral is found, f think it would have been as proper to say there w(^re valuable mines of copper on Lake Superior before Jackson discovered it, as after- wards. It is proper to say a country is rich in mines, before mines opened. There is a technical sense in which it is used. A mine is not a quarry. Technically, a mine would mean an opening in a mi- neral deposit. Cross-examined hy Milner. The order of my evidence, geological, mineralogical and chemical. I form my opinion on all as concurrent evidences. If the geological evidence fell, the character of the evidence would remain. If the geological formations were ditferent, I should call it a coal mine out of place ; but to me it is impossible to look upon it as a coal bed out of place. 1 may be mistaken. I never desire to lake the position that I may not be mistaken. If my geological premises are incorrect, my geological conclusion will be incorrect also. I have been all about the vicinity of the mines and noticed the formations : the ge- neral dip is southerly, as crow flies. I should think it is three miles from Edgilt's to the mine. I have not been able to find where tho shales join the conglomerates. On the Demoiselle creek road, I saw best appearances of union of shales and conglomerate : thai is per- haps one and a half miles from mine. The dip at north west of mino is at a high angle. I am slating my general conclusions. The dip becomes more and more, till it comes to the mine. 1 found fossil plants in mine and at cape. I discovered calamites on sand stono west of mine. It appears to me shales are beneath the conglomerates. Where I found the shales was beneath the red sand stone. There arc no plants from the mine which I have found myself, which would 00 |1 K' I •^l jiislify the oj)inion of its hv\na, a coal incn?urc. I nin not nwnrc that slit^iruiriu is ever found in connexion willi any olliei fornmlion than coul. Ciilamites, liqniilarisi, Icpitio tlendron, and siiymariu associated, are cvidonco of a coal measure, and nothing else. I don't know aug- rnaria are found in any other formation than coal. Siggilaria is evi- dencc of the highest |)rohahilily. I am satisfied it was a stigmaria I found at Bennett's. The Ilillsborougli mine forms one of the exccp. lions to the general rule. 1 am of opinion the force acted upward and laterally. I have seen instances where no fire clay at the bottom. By a coal bed we mean the alternating strata. Frostburghas nostig. maria, and Richmond none. There is no fire clay in the mine ia patches. Hy fire clay we understand a friable material, which by ap- plication of water returns to a pasty condition. Shale is a general term which we apply to all laminal rocks. The theory is the con- traction of earth's surface ; the crust had been too large for the earth, and it had cracked, which formed mountains by crooking of surface. It is a dynamic action. The same cause which erected the shales in Connecticut, erected these. The shales are more or less plastic in the mine. The turned ends of the shale is not in consequence of the substance being injected. This is an injected, or included mass — [specimen of shale]. Upon looking at it, I would say it was an in- jected mass ; but 1 can't hang an opinion on it. All dips in Pennsyl- vania are trough like. The horse was near to one of the walls, but is now removed. A miner wont 120 feet from me, before I lost sight of him. There was a little deflection to the left ; 1 observed the same at the other end. Professor Taylor's work is very useful ; his opinion on this question, a matter of consequence. When I first heard Tay- lor's statement, I received it ; but when I cume to examine the mine and material myself, I rejected it. 1 never saw a coal identical with this; nor did I oversee another coal identical to Kentucky. 1 know of no other coal which presents the same group of circumstances. The average dip of this vein is about an average of seventy degrees. I have never been in a mine with a dip like this ; it conforms entirely to a distinct bed. I looked for a specimen like that, but could not find it. The disturbed condition of the floor is dilTerent trom ordinary coal beds. I think I found fish scales, top and bottom. This is first mine I ever visited where fishes were found. I think fishes aflbrd evidence of coal ; had they been of another family, it might have been dilFerent: I know as matter of report, that the palioniscus was found in Silurian shales of New York, by Mr. Hall. I know from Agassiz and Lyell's reports, that the palioniscus is found in the old red sand stone. By saying Ihey aro characteristic of coal measures, I do not yi mean lo say tlwiy arc found no wlicrc ciso ; iiml if any j)Cison were to say tlioy were found in no oilier forniutions, ii would noi bo correct. Cross-examined hij Kerr. 1 know more of coals iliiin of nsphaUunK IMnny ycnrs since, l examined 'rrini(Iiidas|)l)aliuin. All lli(:as|)iialiuni diller in appearance ; lji«y do not diflbr in a|)pearanco as niucli as coal. I should suy tlio two substances now shewn nie wore idenlical. The nsplmllnm difler very much in appearances. 'I'bis is a very fair specimen of the {,'enc- ral mass. [Loidy's piece.] These are portions on which 1 experi- mented, received from Dr. 'J'orrey. in this mine diflbrenl specimens may bo found wliich slightly vary in their solubility. The absence of laminaliijn is one of the characteristics of asphaltum. You will ob- serve a cleavage in this piece, [[icidy's.] I gave no evidence of stratification. I sec no stratification — it is obliterated. 1 make a dis- tinction between stratification and lamination. Asphalium presents a conchoidal fracture: it is characteristic of all homogeneous substances. Asphaltum is light. The specific gravity of this piece resembles as- phaltum. It dillers slightly in weight from din'orenl parts of tho mine. The Cuban asphaltum is ligliter than the Hillsborough, or about the same as the lighter iioriions 1 found. Some asphaltum contains a jjieat deal of foreign matter. Asphaltum results from tho oxydalion of the na|)htha : it is obvious from IJic Trinidad, that it results from ex- udation, and is not injected. The C 'lan is an injected mass, accord- ing lo Taylor, and is open lo day. Asphaltum never has vegetable structure. [Looks at Leidy's piece.] This does not present any ve- getable structure to the naked eye. 1 know Dr. Lcidy. only know two who are iii.s c([uals in microscopic observations. 1 nV. he stood in the first rank. If he said he foiui no aupearanco oi vegetublw structure, it would bo no more evidenci; of asj)lialtunj than n anthra- cite. The only method of discovering it in anthracite, is lo redut it to ashes and examine it. You may look ai a ihousaiiii "Specimens of anthracite and not discover it. 1 third< iIk; Rhode Island coal gives no evidence of vegetable structure. I don't know that it wa^ examined by a microscope. The absence of vegetable structure would make them both alike in that respect. Those gentlemen from IMii' !Ll|)hia to be implicitly relied on. Asphaltums certainly are soluble. One distinctive feature of nsphalttnn is ilint it is fi;.; l)'e without decompo- sition. Where it decom|)oses before fusioi i! ^. 6^ '^ ■'C-< ^ ^ iV ^ 92 c ^ ilU ilmt fuse arc fictitious. The amber I dug up in Sicily is no*, fusible. Fusibility is a physical character and not a mineral characior. That is a piece of Senegal copal dug up on the coast of Africa, and somR call it amber ; I liave seen pieces called amber, which are fusible. When amber begins to smoke it gives ofTgas accompanied with suc- cinic acid. There is a similarity between the two. Sealing wax is stluble. I succeeded in fusing and dissolving the mass 1 got from Dr. VVetherell ; but I said it generated coal tar, and was dissolved in its own product. I have watched most carefully the mode by which heat ac'.s on asphaltum. The Trinidad asphaltum is more like this specimen of Cuban asphaltum taken from the sea. This is as heavy as some coal. No man could lake it for anthracite or cannel coal. It appears to me a difierent quality of the same material. As a mi- neralogist, I see a decided difference in mode of fracture of Hillsbo- rough and Cuban. My impression is, that Egyptian asphaltum fuses at lower temperature. I don't think there is a difference of 10 degrees. I have seen Trinidad very brilliant, and conchoidal fracture. Ifl found it perfectly fusible and soluble 1 would rank itasan asphaltum. Colors by transmitted light are very different than by reflected light. IVown coal of Germany is amorphous, and transmits a brown light. 1 never put it under microscope. It is full of vegetable tissues ; it is a sort of lignite. In mineralogy we call a substance amorphous which is not crystallized. I know of no coal without vegetable remains. I siiould feel greater confidence when the microscopic observations are confirmed by oiher microscopists. Our means of testing were sufficient for the purpose, but not as good as we might have had. There is asphaltum of Peru of very solid and compact character. Asphaltum is composed of asphalten and petroline, I consider the application of haat would not have made it harder in the vein without the effect of the atmosphere. Dr. WetherelPa melted piece looks now like a piece of resin or pitch. The lustrous appearance is not an argument in favor of its being asphaltum. I never saw a piece of coal melted as I say. This has some aspect of the solution I made of Albert coal. [Wetherell's bottles.] I would believe Dr. Wetherell to be an expert witness, and a man of veracity. I don't know of any coals that would produce the same effect as produced by Dr. We- therell in solution. I think I know a cannel coal from Scotland so- luble to the extent of five per cent. I have tried many times to solve coals. You might examine a great many varieties of coul and not l.nd any appearance of vegetable structure. The Hillsborough coal has a bituminous odour, and smells like a Scotch cannel coal. I am di- rector of gas company in New Haven. Coals are called bituminous 93 'nrj. fusible. f-^r.' That |> and some re fusible. |d with sue- ing wax is 1 got from issolved in by which ■e like this [s as heavy nnei coal. As a mi- 5f Hillsbo. 1 1 turn fuses 10 degrees, ture. Ifl isphaltum. cted light. rovvn light. sues ; it is amorphous e remains. )servations ting were lave had. character. isider the in without 5CG looks :e is not » piece of f made of ^etherell w of „ny Or. We- tiand so. to solve and not gh coal [ am di- ■iminous because they yield bitumen by transformation. Bitumen is a rich hydrocarbon. Bitumen coal docs not distil coal tar under POO. I have seen iron welded with Hillsborough coal, and I have used it in grate. The gas of Boghead is as dense as this. This is Boghead spe- cimen. Always a different appearance in coal from same vein. [There is a great variety of copis — scarcely any two precisely alike. The difference between the Hillsborough and asphaltum is so great, that it takes it out of the class of asphaltum. Coals all agree in their essential insolubility. All coals leave coke, and do not fuse without decomposition, if 1 found it soluble entirely in any menstrua, I vvould not consider it coal. I have examined a great many epecimens of asphaltum^ which are not electrical. I know two electric coals, Ken- tucky cannel and another. 1. define a mine to be, technically, an excavation in the eorth from which minerals are taken. I know Dr. Jackson. He contributes to the Journal of Science. He is Vice President of Boston Society of Natural History. I presume the article if p. 292 in this bock, was written by my brother-in-law — Dana. Re-examined. I am sure Professor Taylor first described the Cuban asphaltum as coal. I think if ho were here now, he would carefully reconsider the case. When he saw it, it was only 50 feel deep, now 150 ; he says no plants present, but there are now ; and if he had known it, he would have reconsidered or altered his opinion. If this piece of shale was from the horse, I should say the substance was included ; but if in the wallsy I should say it had been squeezed in. All the inequalities are filled in with coal. The piece produced by Dr. Wetherell has changed lis nature ; it is lighter, soluble and fusible. Had asphaltum been passed through ether, turpentine and naphtha, nothing would have remained. All mines furnish specimens which vary a little in spscific gravity. I think the streak of powder a good method of detecting color. In Mantel, Lyell, and Taylor, I think it is said that all traces of vegetable structure arc destroyed in some coal. Adjourned. THtTRSDAY MORNING, 29th, 9 o'clock. Doctor Percival. Deposition of, taken before Thomas S. Sayre, 22d August, 1851, on part of defendant, pursuant to an order. (Vide Deposition B. in Appendix.) 94 «i' .1 ■ Doctor Augustus A. Hayes, hy Johnson. My occupation is that of practical chemist. Employed in special geology and mineralogy. I have beon 28 years in all, engaged in study and practice. I have been sub-Professor in a literary institu- tion in New Hampshire. [ hold office of assayer in State of Alnssa- chusetts. I mean by special geology the study of internal s ructure of mines, and this includes all minerals. This is a shale. Tiiis is a piece of fire clay (shining) ; the shale is rough, and applied to teeth; one is hard, and the other soft; differs to the eye, and still more chemically. This is iron stone of Albert mine. By arranging minerals 1 shall exclude surrounding rocks. The shales are in ihin lamina, not thicker than paper, and in horizontal directions ; mica in them ; in the fire clay a slij';lit lamination. The clay contains a variety of car- bonate of lime. [Witness constructs a representation of mine on the floor.] The fire clay is finely divided, and fine and soft, and answers for marking ; in a more plastic state it would form vessels. The shale in fracture, and color, and lustre, is distinguished from the clay iron stone ; the shales have largely disseminated through them fine particles of coal, and when carefully taken apart these coals become visible to the naked eye. Then we see fossilized remains of fishes abundantly distributed through the mass, indicating that this had once been a silt moved by water, and on which water has flowed, and fishes lived. In its chemical composition it diflfers more remarkably from Are clay or clay iron stone. An approximate analysis of shales shews that organic matter and water compose 15 parts, and of the remain- ing 58 parts, one of solid materials, of which silt is composed. The next member of series is clay iron stone, differing in composition in different parts. It represents the great clay iron stone of the Euro- pean coal mines. Connected with these, and often investing their surfaces, is the sulphurate of iron — an accompaniment of coals. Next fire clay : in this is distributed a small amount of organic renrains. I mean remains of vegetables decomposed, or animals including fishes: we found its composition to vary remarkably from the other. Organic matter and water 7i parts. Insoluble silt 66 parts ; and that composed of silicia and pure clay. Pure clay with a little oxide of iron 10 parts, and carbonate of lime 14 parts. The mass of coal here is placed as it occurs in the mine, and has a portion of fire clay within the coal, shewing the process of its lamination. In the mine the fire clay is soft. The characters I have described are distinctive of the largest and best characterized coal measures in the world ; it is rare to find all the members so distinctly presented. The sides of the mines as 95 in special [engaged in jary institu- |c of Massa. fal s ructure Tills is a |ed to tcetli ; still more |g minerals I fiin lamina, in Ihem ; in 'iety of car- mine on the md answers ssels. The om the clay h them fine )als become ns of fishes lis had once i, and fishes rkably from hales shews the remain, osed. The iposition in rthe Euro- esting their >als. Next en^ains. I ling fishes; • Organic t composed )n 10 parts, placed as n the coal, ire ciav is he largest are to find i mines as presented, represents roof and floor. [Illustrates it by the Court room tilled over.] An angle of about 74 in floor, and corresponding angle of roof. From inequalities of surfaces, there are slight variations of dip ; the best mode then to ascertain would be by a plumb line, as by Professor Silliman ; whero lead strikes would be the floor. This is one variety of species of the coal called splint coal. This another variety — broken coal. This specimen broken last night, shevvs bands of coal and intervening spaces occupied by coal of another fracture ; this differs but little in physical character from well known roals. This is Newcastle coal I believe, from its general character : same bands of compact coal, and lines diflering remarkably. It has a little smutty matter between layers, and when broken presents a shining appearance. The Ayreshire is very shining and clear. The Pictou is very sooty. This is anthracite, from Shamok in Pennsylvania, and shews a bright band occasionally. This from Rhode Island, is a crushed coal, and must have been under violent pressure : is a fair sample of Massachusetts and Rhode Island beds. Other minerals are obtruded. When this mine was first opened it could not be used, but now is extensively used. THE COMBUSTIBLE MINERALS AS A CLASS. Bitumen in its varieties, including asphaltum from the Dead Sea, of Cuba, Trinidad, Barbadoes, Egypt, and South America, is separated by a wide interval, under a mineralogical arrangement from coals ; of which there are two great divisions, bitumen and anthracite. Technically, we carry division further. Bituminous coal broken up into gas coal and forge coals. As examples of gas coal, we have the cannel coal, such as this. Others occupying intermediate stations, and which may be used for both purposes, as Pictou. • The furnace coals, and for heating purposes, giving less flame, are extensively used in metallurgical operations, in reducing metals from their ores. For this purpose, coals for gas are not well adapted ; and those are chosen which afford best and most coke. Those operations also extend to application of high temperature, to bring metals to market- able forms, and descend lower. The work of blacksmiths and brass- founders are best conducted with free burning coke, to obtain an uniform heat. In applying coals suited to gas, the gaseous part is the object, and is saved in metallurgical operations — coke or charcoal is substance required. From this examination of properties of diflferent coals, will be seen that selection made for purposes in view. 96 . h n ;!■! PIiysiCAL DISTINCTION BETWEEN BITUMENS. Asphalten is name of a material found in Sclics in France, conj sisting of limestone roclc, impregnated with a semi-fluid bitumen— rock I is brown and somewhat elastic, and of laic years extensively quarried | and used for pavements. Asphallum is a particular term of material, found at or near the Dead Sea. It can with propriety be applied to no other mineral pro- duction. It is a particular combustible mineral, which differs from bther bitumen. I have been in Trinidad, and have seen the fluid out of which the solid asphaltum is formed. We see it from state of thin molasses to thick pitch — hardens by ox ydation or exposure to air. When large masses are exposed to the sun, they change their form. Asphaltum can be traced to its semi-fluid state ; but it has been found in rocks, in solid masses. In such cases, I believe it has become har- dened by exposure to air. The character of asphaltum, is as clearly distinguished from coal, as light from darkness. Its being hard in this case, is one argument why not asphaltum. Bitumen can, under no circumstances, pass into such a material as the Albert coal. Taking the Albert mine as a whole, it is impossible it can be asphal- tum. The opening could not have been filled up with liquid asphal- tum, and produced the same form and appearance as this. Bitumen mines are not known to exist, in the true acceptation of the term. Assuming Albert mine to be filled up by bitumen, and supposing operations commenced after removal of a small portion, naked lights could not be burned in the cavity below, because they are consta.itly exhaling volatile hydrocarbons, which, when mixed with seven times their bulk of atmospheric air, will explode ; so that in the present con- dition of the mine, if it were asphaltum, it would be impossible to carry light into it. Asphaltum deposits are worked in daylight. In Cuba, we have clay beds containing asphaltum, and worked in open day. Bitumen cannot, under any circumstances, be converted into coal. On application of heat to bitumen, when to 120, it softens and becomes ductile. Even by friction it emits odour, which is more dis- tinct than before. A continued heat produces fluidity, by which it can be poured and spilt like water. At not exceeding 250, every variety of pure bitumen melts to fluid. I distinguish between bitumen mixed with clay, and those pure kinds, which, leave but one or two per cent, of ash. I made experiments with Professor Siliiman — they were numerous. I performed many experiments on Hillsborough coal, before I came here. I have no doubt the article I used was from Hillsborough mine, from what I have seen here. I can't recollect first time. I 97 think as early as Iho middle of April, 1850, J made experiments, which were cc Jucled with great care, on specimens avornged from the lot, and I came to the conclusion it was a highly hituminouscoal. They were performed in consequence of arrival at Boston, of a cargo. The question of what it .really was, and whether coal, was referred to mo for solution. I then commenced experiments, taking it up ar, a bitumen, which it closely resemhled. One piece 1 had, was like this of Dr. Leidy's. I had specimens extending to fifty pounds weight. I am in habit of analying cargoes of copper ore, and the parts 1 take are averaged on the whole cargo. The first experiment was with spirits of turpentine, the usual solvent with all bitumens : with that it was nearly insoluble; generally it dissolves Cuban asphullum entirely, except a little ash; after several hours at boiling point, it retained its weight less seven or eight per cent. Cold spirits of turpentine will dissolve asphaltum. Pure spirits of turpentine, reposing on this [Albert] twenty four or forty eight hours, becomes colored. A piece of asphaltum in same time would dissolve. The turpentine takes nearly this depth of color from Albert coal. [Referring to VVetherell's bottle.] It is no test of its character, that it lakes this color from turpentine. A portion of coloring matter is imparted to turpentine, and the turpentine itself becomes changed in composition. If you take 100 parts of Albert coal in fine powder, and digest it in boiling turpentine of ten times its weight, for some hours, we obtain a deep brown colored solution, resembling this (in Leidy's bottle). It is no test ; for if we remove the colored portion and treat the residue with another equal portion of turpentine, a much slighter coloration takes place, even after continued boiling. If this be removed, and third portion used under the same circumstances, a slight coloration is produced, and if repeated, the turpentine is no longer colored at all. If the residue be dried at temperature, exceeding melting point of tin (450), and so long continued that ;*. ceases to lose weight, we find that only seven or eight per cent, is lost of the original 100 parts, and this will be a constant result, however fine the powder be. On a most cautious evaporation of the turpentine, we find forty two to forty six grains of matter remaining. The turpentine evaporated alone in the same quantity, leaves about four grains : there turpentine gained more than coal lost — a change common in chemical operations, and often leads to great errors. The abolition of color is not confined to Albert coal. One variety of Scotch cannel coal gives a strong color to tur- pentine. We found one coal in the collection here, which had the same eflTect : it is the Ramsay Maine ; it made the turpentine deci- dedly brown, but not so dark as this. In all there were eight speci- 98 |8 1-5 I mens triod, and tlirco gave a color to tlio turpentine. I liavc tried ii in benzoic, resin, oil, linseed oil, sulphuric acid, elhcr, nitric aciJ, sulphurous acid, oil of vitriol. Most of these are powerful solvents and re-agents ; and froni all my experiments, 1 pronounced it to be a liighly bituminous coal. I have tr'ed experinjents with Professor Sil. liman and Dr. Deck. I heard Professor Silliman yesterday, and I fully concur in all his statements, in regard to his experiments. We made a number of experiments with coal tar, and sought by all our means to dissolve the article in coal tar, and no solution on any occa- sion has taken pince. We wished to know the temperature at wiiicli it fused, and to know whether we had made mistakes in our former experiments. In experimenting witli coal tar, a large amount is eva- porated and lost; and coal tar itself after being long or rapidly heated, becomes on cooling precisely like bitumen, and is used for adultera- ting largely the bitumen of commerce. I tried experiments with Dr. Weiherell's piece ; the three of us could not produce such a piece from the coal. I cannot account for the manner in which this was produced by him. I can suppose that another material might have been introduced — a piece of asphaltum might have been taken in mis- lake ; with all our efforts we could not produce it ; and 1 know of no way in which that article could be produced from Hillsborough coal. 1 put some coal in this Florence flask, placed over a lamp — first effect was a little vapour of water ; on increasing the heat, a while vapour appears about the sides, small drops of heavy yellowish oil were seen forming about the glass and running down the sides; and after a while we tried in vain to make it run over the side. We increased the heat and again turned it over ; we wished, if possible, to produce such an article as Dr. Wetherell, if it could be done, but we could not. Applying a re-agent to this, it contained a large amount of Albert coal, and it produced a brown colored solution; but Dr. Wetherell's not so. We say ihat the article produced by Dr. Wetherell could not be produced from Hillsborough coal ; it could not be produced by us. The coking experiments mentioned by Silli- man, I witnessed and confirm. There is one thing I would mention in relation to this coal which I thought so highly bituminous — it gave us only 56.20 of gas, and 43.80 of coke, while Pictou gave 60.30 of gas, 39.79 of coke, shewing Pictou more bituminous than this Averaging the whole produce of all samples from different parts of mine, and used in one powder, the Albert shewed 55.46 gas, and 44.54 coke, as average. I came prepared to shew from my first experi- ments, and to state the gas 60 and coke 40. 1 suppose the pieces I had were from the top of the mine ; the last, however, I think to be 99 exact, as it wns from pieces from (Jifroreiil parts of the initio. It seems now to occupy u middle station between the otiior coals. TIkj view is tlieoreticul, that rho enormous quantity of animal remains, n)ay account in some measure for the action of sol veins. This coal cives an clement of animal matter, the larjjesl quaiilily I have ever found in any coal : it is called vegito animal matttjr. This mass produced by Dr. fiobb — these are natural fractures of shales. This is what should result from the manner of formation. The material wns like tho fniesl starch or muck, at one time ; such, falling into or coming into contact with crevices, would fill them ; the shale is porous and would let off the water. There is evidence to shew that this is finer than in any of the body of the mine. If this rock were at the river side, it would fill up us this has done. A coal mine witliout that inclinatio'i in its place, would be a miracle. In many coal regions in France, the beds are nearly vertical ; a:id tiiere are other beds, as if shot off; and in England all are mostly horizontal and edges highly inclined. It would be a miracle if this mine were not as it is. I know Mr. Teschmaker : helms studied coals for ten jears: iiis knowledge of the internal structure and minute parts, is greater than any man I know. Mr. Percival enjoys the reputation of being one of the most acute and accurate geologists of the present day. I would take his authority without hesitation. I conclude from all that it is a coal, and nothing else. Dr. Jackson is an eminent authority on this subject. Cross-examined hj Milner. I have not personally examined the geology of this country except in neighborhood of mines. I call this an equivalent for fire clay, and I call it fire clay in the series. The fire clay in Rhode Island is coarse and quartz ore. I call it the fire clay of the series from its position and composition ; the strata are much less twisted than I have seen in other mines, and are very uniform in appearance. The fire clays are much twisted and bent, and often intruded into coals. I will not say the mine is not half a mile in length. We walked more than half a mile in all, but not in any one direction. 1 ascertained its general average width. I found the fire clay most on the roof side, and very much bent and broken, and edge too in some cases, and even entered the coal. The dynamic cause of the formation I take to be the sub- siding of the strata in the neighborhood. The cooling was the cause of the planes of cleavage. I think the coal was in its present solid state nearly, when the mass was upheaved. I think what is seen of the mine now, was far below the depths of the ocean at one time. I think there has been two actions here, an upward, and a lateral motion. The shales are not so much bent as the fire clay. Veins do not disturb 100 *;•'. so much as other substances do. I do not think aniiolinal axis can bo broiiy;ht ii.to view liere. An anticlinal axis rnuy bccouscdby subsiding or by upheaving. I do not call ilint an anticlinal ny's, wlu-ro dips from one point in dilFerent directions. It would be a mi. rucio for that mine to be in an anticlinal axis. Cross-examined by Kerr. I was called upon to make an analysis in April 1850. A cnrr;o came to Boston. I cannot recollect when. It was much later. Mr. Cook applied to me. The coal was received for sale, and the ollicers of Custom House wished to know whether it was coal or not. I can't imagine parlies interested in making it out coal or nsphaltum. The analysis then was very similar to analysis afterwards. I have obser- ved the formation of bitumen. I am perfectly acquainted with various saip.plcs of asphaltum. Asphaltum is only opplied to substance from the Dead Sea, and there is no asphaltum in Trinidad. Asphalten is the name of a mineral from Selles in France. In bituminous lime stones. At Dead Sea it flows on water and is collected in pits. As- phalten is not known any where else than in France. Under the head of bitumen there is naphtha and petroleum. I have examined the bitumen frem Egypt ; I have chemically examined it within two years. I have examined material from Cuba. I have examined ma- terial in Trinidad, and without going to the pitch lake. I have never been in South America. The product there ranks as a bitumen and not as asphaltum. Bitumens are fusible and soluble in certain men* strua, and present in their masses no appearance of vegetable struc- ture. Some are electric and some are not. Bitumen from Dead Sea and from Cuba shew electrical properties. I can't say bitumen from Peru or from Egypt do. Some specimens from Cuba shew more electricity than others. The experiments made with bitumen have always succeeded. I found a difference between Egyptian and Cuban asphaltum. Two fine specimens marked as coming from Cuba. I think this came from Dead Sea. I have neither Egyptian nor Peru- vian here. As to Egyptian asphaltum it presents no appearancf' of lamination in large masses. This is a fair specimen of Albert mines. [Dr. Leidy's.] This is laminated, distinctly and beautifully seen. Stratification is judged of in the mass. This piece shews a distinct lamination. The Albert material differs from this in the proportion of foreign matter. Here are two sets of lamina. I find the lamination distinct in this Scotch coal, but the laminations to the same extent are not visible in Leidy's piece. I don't say I can see any lines of deposit in the splint piece. The conchoidal fracture depends upon the tem- perature at which it is broken. A small portion of Leidy's piece 101 slinal axis p caused by I ma I oys, |cl be a mi. A cargo later. Mr. he oflicers t. I can't urn. The ave obscr- iili various anco from 'phalten is inous lime pits. As- under the examined within two mined ma- lave never tumen and rtain men- able struc- I Dead Sea >men from lew more men have md Cuban Cuba. I lor Peru- aranci^ of jrt mines. Ily seen, a distinct jortion of minaiion xtem are f deposit the tem- piece shews appearance of conchoidal fracture. I think more coats pre- senting conchoidal frncuirc than airy other. It is due to liomogcnily of composition in the mass. Any of ihcso coals will cxiiibit in the f small [breaks it] a low conchoidal fracture ; and I do not see the sumo in the Leidy piece. Tho dillorcnce of the fracture is in the degree and form of the curvature. Pure bitumen is lighter than coa!. Tho pure Cuban only four or five pans in 1000, greater than water. The ;. impure parts would be hoavier—lliat [Leidy's piece] is heavier than tho Cuban. Tho MiHsborough material is as high as 1124, and down 10 1096, as compared with water at 1000. I made my experiments j on a variiUy of specimens from Albert mines. Tho material which comes from Trinidad, is called Trinidad pilch generally. I have also i tried the pure bitumen from Trinidad, and found specific gravity vary but little. The asphaltum from tho Dea Soa is very rare, and not much used in commerce. 1 included the foreign matters in making up the specific gravities. I believe there arc coals lighter than that. The- specific gravity of coal is generally greater than thai of Albert coal. I think the run of English coal would be 1250. I don't know what causes the diflTeronce. Tho earthy matter in coals doea not influence the specific gravity, f have spent a couple of years in geological observations. I spent parts of four years in the field. I have examined the Island of Antigua, Monlserrat, and the Windward Islands — in 1836. I was employed professionally, to examine coal fields. I know that Professor Taylor published a very useful book, and I would assign him a high place among the geologists of the day. I cannot point out any traces of vegetable structure in that piece [Leidy's]. The bitumen do not contain any. Vegetable structure is not apparent to the eye. An eflx)rt might be made by a microscope, and it might fail. I think Dr. Leidy a person of high character. I have never tried a microscope; I use a lens. If a microscope exhi- bited a vegetable structure, it would bo a fact gained ; but if any found without it, it would be no proof. There is a specimen of coal hero without vegetable structure. I have no knowledge of transmission of light by asphaltura or coal. Up to within a few years, not discovered that many coals had vegetable structure. I can conceive coals with- out vegetable structure ; and in a coal produced by a fine liquidity,, you might examine it for ages, and not find vegetable structure. 1 know Professor Bailley has discovered vegetable structure in ashes of anthracite. If ashes contained the cells of plants, then coal contained vegetable matter. The organic remains in ashes of anthracite — only observed four or five years ago — that is Rhode Island anthracite,, and Cofiamon English coals shew N no vegetable matter discovered in it. 102 35 ■I remains of vcgclablo structure. In accordunco with my personal laiowletlge in Trinidad, tlio bitumen had been in a state of fusion, ainl ."n the Dead Sea also. After exposure to oxygen, it becomes lianl- enjd. 1 can't pronounce whether that [Leidy's piece] has, or has nnt, bo'cn in a state of fusion. J have no knowh (lg^ of Dr. Wethercll In his work' , and we judge of chemists by their works. If I had tried experiments as he (Hd, and could not produce the same result, I slioiilii be bound to say I could not put confidence in liis experiments. I don'; know as to his ability. I have compared my specimens with speci- mens obtained from mines, and found them identical. The speciintns taken from the vessel was not composed of same material as Alljin mines. The Albert coal presents a uniform character in point ot fusion. I have taken spocinions from different parts of the minc,nii(l made my inquiries under the greatest care. Dr. Wethercll saiil,lic placed powder in this Ilask, &.c., &c., [repeating what he said]. \\\ applied alcohol lamps; in one case a spirit lamp, and in the other, an alcohol furnace, p.po placed in it, and that in water — if sliut np, ii would burst. If they had said they had melted it into liquid, I shouM not believe it ; those seals present no appearance of having been in a liquid form ; 1 know of no coal which can be melted without decom- D'sitinn. When coals are decomposed, first a volatile body called naphtha comes. If a mine covered over with strata were to be heated, it would explode — the bitumen would beseparaled, and leave coke, As to chemical fusion of thai coal, I say it is impossible. 1 have seen a map with names of Taylor and Robb to it. The mine does not now present the character which this exhibits, and this little diagram is entirely fancy. The coal being all removed, I considered it one level. I was engaged four days nearly in experiments. If I was satisfied that it was fusible and soluble, and had no vegetable struc- ture, I should not say it was not coal. In all cases where bodies fuse, we watch with great care the point of heat. I should not believe it to be a bitumen, if it required 800 to fuse it. If entirely fusible at 800, I should not take it to be a coal. Among the resins, there is a diflerencc in fusibility — would make no difTerence in a resin that required a different heat. Resins have fixed points of melting. Pure asphallum melts at 214 : that is a fixed point for bitumen below 250. AH pure bitumens melt below 2.50, and if impure, we separate impu- rities. We separate impurities before we melt it: we solve it. Fire clay does not burn in ordinary beds ; I don't think this will burn with flame [piece of fire clay]. The general geological character of the country has nothing to do with determining wheth'::(, )al or asphallum. 103 'ly persona |f fusion, mill oinca lianl. , or hns nni, IVclhercll In I lind trie! ult, I shoiiiil nts. I dun'; with speci- specimens |ul ns Alljtri in point ul 10 minc,nn(l !rcll said, lie suidj. \Vi lio other, nn shut lip, it uid, I should N'ng been in hout deconi' body called io be heated, leave coke. 1 have seen ne does not ttle diagram lered it one If I was table struc- bodies fuse, •t believe il y fusible at I, there is a resin that ing. Pure i)eio\v 250, rate impu- e it. Fire burn with :ter of the isphaltuni. Re-examined by Johnson. Tlio coal docs not run us on lliis diagranri. Thcconchoidal frucluro is no test for determining character of tho article. Specific gravity is no test alono of asj)haltum, for Boghead coal is lighter. Lamination may bo of dillbront layers of tho samo materials ; stratification may bo of very dilferent substances. Thoro are a great many coals which do not shew himination ; aiuJ a largo mass re<[uired to shew stratification. Thoro arc evident jnarks of stratification in tho Albert coal. Crystals dilfor according to circumstances under which they dry. Tiiero is clear evidence of bed not being in same position as when deposited. It is most wrinkled in contact with the coal. Only two exceptions to shale, lying according to bed of coal. Specimens called commercial bitumen rarely puro ; some mixed with coal tar. To bo a special geologist, must bo a general geologist, and a general geologist may not bo able to determine as to class of mines. Thero are some gross inconsistencies on the map made by Kobband Taylor. The map published under Taylor's name is not correct. I think tho introduction of Taylor's book is a translation. It is u common thing in coal not to detect vegetable tissue with the naked eyo. The course generally taken for a microscope is to grind down a piece. Tho fineness of the material would have a tendency to destroy the cellular structure, and that fineness might be produced by fermentation. Thero are sot^io 10 or 12 coals which would allow of similar impres- sions to those seals. They belong to fat coals. From St. Helens, Staffordshire, Whitecroft, Gloucestersliire, ten yard seam of Wolver- hampton, New Petton pit on Maine, Cannel, Elsecai low pit, Garsbcall Corvans and coals from Rawbondin, South Wales, and several Ame- rican coals. This article not softened by heat till decomposition com- mences, and that renders it a coal. Beef melts by decomposition. A body may contain the same parts, but differ in their nature and cha- racter. The electricity is a most accidental quality. It k found in a degree in almost any substance. Its geologirial position is no evi- dence of its not being coal. Elliot and Gregg gave me the coal. My impression is that 60 per cent, is greatest amouni of bitumen ; eight per cent, greatest amount extracted by solution. Joseph Workman, by Attorney General. I am a blacksmith. I work at mines in the employ of Cairns. I have used the coal in the forge. The first winter I worked with it alone several weeks. I was doing iron work. Fitting out hoisting gear for shaft; no steel work. I have made an axe, and welded steel at different tioies : this is the axe. I made il last week. I don't pre* 104 BIS fer it for forge, it gives too much blaze, and more expensive than other coals. The biaze is the only objection, which makes it disagreeable to workmen from heat, and he can't see the iieat of his iron from the blaze. We use Grand Lake and charcoal ; mixed with Grand Lake coai, it is good, I tried with asphaltum : this is a piece of it — Mr. Brown gave it to me, enough to make a fire with. I tried to weld a piece of trace wire like this: it melted and boiled like coal tar; no respmblance in behaviour of two. Albert coal softens, bui does not melt. As soon as it melted, the ends of the iron turned black with if, until burnt ofT; there was no coke left, it all burnt away ; I selected the coal myself. I cleared out the fire place, and used nothing else mixed wiih it. 1 welded this wire with some of the Albert coal. Cross-examined hy Kerr. I put coke enough to kindle the fire. I could light the fire with shavings or straw, and it would make no difference. The coke I put in the fire was all burnt up, before i began to put steel in the axe. It softens and runs in the fire. I intended to say softens ; it does not run like tar or resin. Kunning you would apply to a liquid, but this only softens ; now and then it sticks to the iron a little. I first tried it the latter part of October, or beginning of November, 1850. I went to work for Cairns the 31st December, 1850. They commenced shovelling away snow for sinking shaft. The hole in the ground is ten feet long and five feet wide. I don'i know where Brown got the material ; he gave me what I considered sufficient, about half a peck. I think we used one chaldron the first winter. We had some from St. John, and preferred it. Re-examined. 1 only took coke to light the fire, and not to assist in making the axs. I took the coal as it came out of the heap. Herman Croker. I am a caulker by trade. I know Edgitt. T live on Captain Ben- Kctt's place. I was not there when Edgitt graved his boat. I saw the material he pointed oui to me on a plank. I examined it, and the way I saw it, it was in a pile or heap, and the coal tar had run away from it on the board. I saw the coal was not melted, and said so to him ; T never saw the boat. I am satisfied that article was not melted. I graved a vessel for Eigitt shortly afterwards with coal tar and pitch. I have tried to me't h several times and could not suc- ceed ; I tried in candle, in pots, m fire, and in spoons. The pile I saw was like pieces of coal in lumps, corners were smooth. It was summer of 1851, don't recollect particular time. 105 Re-examined. Edgiil's son employed me. Father and son live logelher in tlie flame house. George Steves. I am a smith. I live in Hillsborough. I have been at mines. I live about four miles from them. I have used the coal at my forge the first time when Duffy worked them — not called asphaltum then. I bought a chaldron for forge, and employed a man to haul it. I worked it up. I think there was no other coal in shop. I found it to answer well. I had only one objection— a strong heavy blaze. I worked a chaldron up. I found it answered for ordinary country work — shoeing, harrow teeth, ploughs, chains. I have made, and laid with steel, a number of ploughs with this coal. It is a noble coal after it is charred a little. If I had a particular job, I would coke it a littlt;, and then no objection to it. I can do rough course work in its raw state, I find no difficulty then but in the blaze. I got the chaldron near the end of spring; I have worked it in small quantities since; I have used a little lately ; last week [ welded an iron roughly. Some professional men and M. Barber came and brought a basket of this coal. I took charcoal out, except enough to kindle, and put this on, and put my iron in and welded it in their presence. Barber brought a box in sealed up and tied — he called it asphaltum : I tasted it — very different ; I took the coal out and he put on the asphaltum ; I blew with the bellows and saw at once it would not do, it flew away three feet from the vice and up the chimney, it was a liquid at once. I was afraid it would run into the bellows. I don't lay out to try it again. I have three specimens of iron work, done next day with the Hills- borough coal, without any difficulty. I sent my boy and got it from the wharf. This is another specimen made with it after the coal was coked ; any sea coal is better to be coked. The master I served iny time with, coked it for particular work : this is a piece of cast steel worked with it. Cross-examined, I will not say how long the Duffy coal lasted. 1 won't say but there was charcoal in the shop. I can't say what I paid, but it was selling for less then, than now. It is my belief the value of the coke is not known. The iron I welded I gave to Barber. I never saw Hills- borough coal melt and run in a puddle. In its softest state, if you put a cold iron in it, it would stick to it. After coal is put on, it soon forms into a crust ; in its softest state, it sticks to iron more or less. The Hillsborough coal did not act like sea coal ; I never saw a small 106 particle run. I huvo often thought ir was just ready to go into liquid slate, when it took fire. 1 have taken it out in such a stale, and it dried up. I had an explosion in my shop when I was working the chaldron. I was nnaking an extra heavy share, and put on a large quantity, and had a man there to help me : he blew it and let it lay some time, till I thought it vvas coke. I went to the bellows and blew ; an explosion of gas tore oft' nails of bellows, and then we went on and finished the work. Re-examined. I have been working other coal, when I have heard a little report at ihe mouth of the bellows. With the asphaltum, I had to blow tj keep it out of the bellows, and blow it over the forge. George Peebles, by Johnson. I reside in Saint John. I am gas engineer in gas company at Saint John. I have been eight years in Saint John. I have used three or four cargoes of Hillsborough coal in making gas. I have seen a pile at the mines. In using it for gas, the coke from it is rather more porous than common run of bitumen coal, Newcastle and others. In a great many specimens of coke, I would not know one from another. I know cannel coal, Lesmehago : gas from it more, and preferable to gas from this. I think there is more from this : this produces richer gas ; and if burners were changed, f would think this as good. As to coal tar produced, 1 don't know any difference between this and other kinds of coal. Newcastle coal would produce 110 or 112 of tar to a ton. I have put on charges in three different retorts, three different kinds of coal, heated by the seme furnace — Hillsborough, Lesmehago, and Newcastle : I left it in one hour — slacked off. I took out nearly two pails from each — so little difference, I could not tell. I put on doors and tried another hour — then I drew off again over hflf a pail full in each — no perceptible difference. I then left three and a half hours and took off door, and found a little coal tar in Newcastle, more than others — the Newcastle had the greatest quantity of coke. There were from nine to thirteen bushels of coke from Hillsborough coal ; Lesmehago, sixteen to nineteen bushels ; Newcastle, forty to fifty bushels. Newcastle, best coke in the world. I always bought this as coal. I got a little asphaltum from the Captain of the Plumper ; 1 tried it for gas for curiosity ; I could make nothing of it in the same retort as Hillsborough coal. 1 don't think you could make gas from it in ordinary gas retort. As far as gas making goes, Hillsborough answers as well as Newcastle ; this is a piece of Newcastle I brought with me ; this is Wemys coal ; 107 hnto liquid late, and it lorking the Ion a large let it lay [tind blew; went on ittle report I to blow tj ly at Saint d three or seen a pile ilher more hers. In m another, jferable to ices richer good. As 1 this and or 112 of )rls, three Isborough, ed off. I could not off again then left 5oal tar in greatest 5 of coke bushels ; e in the Lim from ; I could 1 don't IS far as tie ; this 'S coal ; this is Boghead coal ; this is Lesmehago ; tliis is Pit'ou ; this is can- nel, the label off; this Preston ; this Ayreshire. 1 sent all these spe- cimens from Saint John. Cross-examined by Milner. I was at Halifax. I bought first cargo of Duffy. I think September 1849. I think was delivered there. I think then I went more mi- nutely into experiments. 1 think you can take gas from Boghead, Wemys, and another, as quick as from Hillsborough. J think Hills- borough would give one half more light than Newcastle. I think Les- mehago gives a better light, but we have an instrument to test, which •rives the preference to Hillsborough. We use it half and half with Newcastle, i threw the asphallum into the retort and I could hardly get the doors on before it was running out. I could do nothinf» with it. You could not tell the difference in action of Hillsborough from other coal in the retort. It is hard to get two coals to coke the same. Re-examined by Johnson. No coke from the asphaltum. The Boghead produces more gas than the Hillsborough. We always mix coals when we can. Adjourned. FRIDAY, JULY 30th, 9 o'clock. Doctor Jackson — voire dire — in chiej^ by Gray. I am 47 years of age. I am a geologist and chemist. My resi- dence is Boston, U. S. My earlier studies in 1824. I continued to study till 1829, when I graduated as M. D. For twenty years, I made chemistry, geology, and surveying mines, my particular busi ess. I am a member of the Boston Society of Natural History, and am now Vice-President of it. I am fellow of American Academy of Ar:s. One of the Presidents of American Association of Geologists and Na- turalists — Gentlemen engaged in geological surveys, and interested in botany, geology, «&c., for mutual improvement from their observa- tions. I am member of Geological, Society of France, and corres- ponding member of others. I made a pedestrian tour in France, Austria, Switzerland , Italy, Bavaria, and other parts, to study geology ; which covers whole of middle and southern Europe. I have made geological surveys of several States. Maine, New Hampshire, Rhode Island, public lands of Massachusetts, and of mineral lands of U. S. in Michigan. I examined geology of Nova Scotia, parts of Ca- nada, and portions of this Province. I published first geological me- moir of geology of Nova Scotia. I am one of Assayers of State of 108 i Massncliusetls, and Assay Master for Boston ; engaged constantly in clicmicnl and mineralogical researches. I made a special study of this portion of New Brunswick, in 1851. First trip, I arrived here 4ih May, 18.51. 1 was called upon professionally on behalf of Mr. Al- lison. I examined the mine. Snow on the ground then. I mode then asthorougji un exploration of mine as I could. Not so deep as now. I examined rocks, where exposed on hills and shores. I then satisfied myself they were all true members of the coal series, At this time I collected somn of live fossils, took them home and ascer- tained what they were — true fishes of the coal series. Palioniscus is the name of the genus. The spheredra, a plant of the coal for- mation, I fouiid in abundance *, and afterwr.rds I found, that plant re- presented as belonging to lower shales of Croton coal mines in Eng- Jand. This plate ( 1), is of palioniscus. This must have been at least 18 inches long. [Fossil specimen largest ] This is full grown. There are young fish of the same kind found in shoals. Large fish solitary. The genus palioniscus extend from the coal formation up into the mtignesian lime stone. Never was one found below the coal fornjation. Not a fish in the old red sand stone, like the palioniscus. 1 was afterwards called here to meet Robb and Taylor. I arrived liere 23d of May. I found them here, and invited them to visit the mine with me. We all went up to the mine, and just before reaching the mine we stopped and sat down, and there they wanted to lay down some principle, but each was to stand on his own bottom. We descended into mine — each look our observations. 1 had a compass and chronometer to measure inclinations. We all took separate mea- surements. Each pointed to the other some peculiarity. I came to no concU'sion with them. I then made a geological survey of the surrounding country. I have the rough notes, and a published report of it. This map of country prepared by Foulis, for my use, to put upon it the geology of the Country. Upon this I have put down all the courses I have taken in the survey. [Mr. Gray offers the map in evidence. Kerr objects. Judge admits laaap- to shew the places examined.] I came up by water and landed at Edgitt's wharf. Went back to mines, then returned to Saini John by way of the Valley. The first visit, I went from Cairns' to mines on the 4th May, 1851. Spent two or three days there to devote myself to the examination of cofUs and fossils. I went down, got shales and split them, open and disclosed the first fish which had been seen : a fish of coal formation. I also collected numerous speciqiens of plant called shperedra, and carried them to Boston. I examined the shores of the river below Edgitt's, and cliff below rocks at Edgitt's. Conglomerate 109 I is made up of variety. [Enumerates.] This dip to south, a little west, and passes beneath grey sand stone. This is a piece of grey sand stone with stigmaria, well known characteristic of coal mines, called so from stigma, a mark. This is a plant belonging to the coal formation. I never saw any place except Joggins, where coal plants are more abundant. On Frederick's brook, I find grey sand stone with calamites ; this is one. I find it also on shore. The grey sand stone at the mine overlies the coal and shales. There are alternation of shales with grey sand stone. We saw at the mine coal shales and fire clay, dipping down beneath the grey sand stone. Comparing the fossil plants in shales with those found in Europe, we have, 1st. The spheredra of lower shales of Croton mines ; 2d. Lepido dendron gra- cille. I saw cut ofT, and carried away a plant of coal formation ; 3d. We found large broad flag-like leaves, since supposed palms. What- ever they are, they are abundant in coal formations — Massachusetts, Rhode Island, Maryland and Virginia. I saw these leaves split off at mines. By uniting fishes and plants, they prove beyond contest that the rocks are of coal formation, and the spheredra tells us that it belongs to the lower members of the coal formation. On the second visit I obtained a larger collection to send away to Europe. On se- cond visit I travelled to Baisely's farm, about 13 miles north west from mines. I examined rtcks there supposed to border on coal for- mation. I found novaculite, bitumen shales or indurated bituminous clays. Next I went to Taylor's mills. I saw there a conglomerate resting on lime stone. Next 1 examined Whitehead : saw gypsum and red marl, and below that the conglomerate. I then visited Steves': found his gypsum quarry, and examined along Demoiselle road ; and then at Milton's, and the gas spring near. I then went to a little lake called Granite lake : examined rocks north and north east of lake, and found same novaculite or green whetstone slate, same as at Bnisely's ; there a high dip (70), gradually diminishing towards the mines. We then travelled back to corner of lease, and found limestone : then ex- amined a place at Martin's ; found some coal on Hayward's brook : then went to Dr. Carey's; found a seam of coal overlaid by grey sand stone, and underlaid by fire clay. Along on shores of Petitcodiac River found small seams of coal, and at the base of clifT at Edgitt's. I should have been led to think, from general characteristics of the whole country, that coal would occur, or that it was a place for coal, without knowing there was a mine there. The direction of strata, north east and south west at the mine ; the direction of bed of coal the same, and dip of "tO to north west ; is parallel to stratification of the country, and is a bed between the strata. Next place x strata in no ii mine is much crumpled, shewing disturbance after deposition of strata,! a very common ph«^nomenon ; and cases are known to me, wherei strata reduced to one tenth part their natural dimensions by lateral pressure. If you take a piece of cloth and grip it up it will crumple, I think same thing has taken plnce here by cooling and contraclinsjofl crust. We know there has been an elevation of rocks and lateral pressure. This bed is between strata and crumpled, and looking aiit as a whole, no one can doubt this was formed in same manner. A I mass of peat would by pressure bend the shales. Liquid is less com- pressible than solids. I find this bed having general bend of strata I north east and south west, and dip of 70 to north west. The coal m columnian from side to side, or divides into prisms; this indicates that the coal has been softened in place. The columnian structure no more evidence of fusion than in starch, which is produced by | drying ; a result more of aqueous than igneous action. I examined this mine to see if any evidence of its having been deposited in layers, I The lines in this specimen are lines of deposit; and these are what we call strata lines, which shew a deposit parallel to the walls. This could not have occurred from an injection of fluid mass. If made by I infiltration through a cooling mass, it would have a different appear- ance. The position of its general structure is that of coal. The shales, or I would rather call them duclitrated clays, are highly bitu- minous, appear over an area of I should think 200 square chains, and uniformly bituminous ; almost any of them burning in fire. These no more bituminous at mines than 50 chains from it. I can't divine any other way by which bituminized than by decomposition of vegetable matter. Bituminous matter is forming now at the bottom of peat bogs. I have found nodules of bituminous matter having a conchoidal frac- ture, and no appearance of vegetable structure. The shales must have been of same period as formation of coal itself. It is physically impossible that an injection of bituminous matter could impregnate shales as these. Bitumen is the result of change of vegetable matter- takes place slowly. Timber has I een seen in Pompeii, bituminized by action of water and time, overwhelmed with water and mud, anil overlaid with cinders, and tir.bers bituminized. We see lignites in all stages of bitumen, from charred wood to coals ; and we come at con- clusion as to fact but not as to mode. The shales must have been originally horizontal. By law? of gravitation mud on shores at high angle because shores steep, but at bottom horizontal. There is no proof of any of this mine being exposed to temperature above 300. Agent not igneous but aqueous. If it had been over 300 the shales and fire clay would have lost their water, and the carbonate of ammonia Ill ftion of siraiJ 'Tie, where jtoo. Tlio rocks have not oven boon bakod. The then ingredients (water, carbonate of ammonia, and bituminous matter. The shales Ithamselves bear no evidence of action of heat. Further, tlic organic matter, the substance of the fish is there, and contains between 15 and Il6 per cent, of nitrogen, and would make it burn like a dry herring jbitumnized. From the special geology of mines, and the general [geology of the cour'-y, I believe it to be a coal bed, and is in there- gular coal farmation. •es at high bere is no bove 300. the shales 'ammonia CHEMICAL ANALYSIS. First time I ever saw a piece of coal like this, was in March 1850 — jsent to me by Mr. Fuller of Boston. The piece ho sent was very clear with conchoidal fracture, and my first impressioH was, it was bitumen ; and being said to bo neur Saint John, which I had previously t examined, and hearing it was in an upright vein or dyke, I thought it bitumen. I made an analysis to see how much volatile matter, how much coke, and how much ash, for commercial purposes ; but not for ' discovering whether coal or asphaltum. 1 got further misled by an experiment. I pulverized it, put it into a flask and boiled it, and poured it on flannel. I filtered it. I saw solution strongly colored, and threw the filter in the fire without further examination. I then told Mr. Fuller it contained soluble bituminous matter, and asked whe- ther I should examine it further ; but in consequence of what he said, I made no further examination then. 1 was afterwards requested to examine a substance, which appeared the same material, said to come from Hillsborough ; made analysis of it — ascertained bitumen, coke, and amount, which could be dissolved in different menstrua : this was September 1851. I ascertained how much would dissolve. I boiled it in alcohol in fine powder, which took up a very trifling portion, of coloring matter; in ether, which dissolved a small portion about five per cent, of bitumen matter ; boiled in oil of turpentine, corked tight, liept in boiling water some hours, then filtered through counterpoise, weighed and dried on paper, then filter washed by ether and dried at 212, and weighed again ; aggregate weight of all which was dissolved or lost, was less than twenty per cent., about nineteen. This was the most severe ordeal I could at that time think of. I afterwards found on examination different solvents — benzole to be the cleanest and best solvent, and with that, the most bituminous portion would yield over twenty per cent, of soluble matter; I searched for a piece that would yield the njost soluble matter. The solving is a mechanical separa- tion of particles by a fluid, so that it will pass through a filtering paper. 1 then made a series of comparative experiments. I have over 15000 112 specimens in my cabinet. I found all tlic coals I examined yielded a portion of soluble coloring matter, but not so much os the Hillsbo- rough coal ; and more particularly to oil of turpentine. I then tried experiments on asphaltum from Cuba, Egypt, Dead Sea, and I found they dissolved immediately, so they would pass through the filter, ex- cept the ash. The Trinidad left some sand. In this article, what is left is still coal, and full of little cells, made I suppose where soluble matter had come from. From all these chemical experiments, I camo to the conclusion that this was coal. I made also an ultimate analysis* and I find it made no difference by removal of bitumen : 75 2-10 per cent, carbon, 7 6-10 per cent, hydrogen, oxygen, and nitrogen; 17 2-10 nitrogen not yet separated. After all bituminous matter dis- solved out, I found this composition, carbon 75-7, hydrogen 7-G8, oxygen and nitrogen 16-62, shewing that the soluble and coal are isomeric, or same thing. Starch and gum are the same composition, but diff*erenl in arrangements. w TO ■ r 3 FUSIBILITY. [I took a sheet of platinum, put pulverized parts on it, and put it over heat to see whether it would melt, and I found they would not melt or aqlutinate, or run in any way. A person can deceive himself by putting into flask or crucible, by pressing together and presenting a quasi-fusion. I then took asphaltum and put on platinum, and found every kind melted and ran over sheet instantly like water. 1 took a thick piece of lead, i.iade a cup, rolled it up and put it up in a sand bath, and heated till the lead melted and ran away, leaving the coal unaltered. 1 then took a piece of coal and plunged it beneath melted lead, and held it there some time, and still not melted. I then took another forceps, and broke it under melted lead. I then look asphal- tum and tried the same thing, but could not get it under the lead, it melted and ran over. I took melted zinc at 700, held coal under, took it out not altered, and took another forceps, and it felt elastic like India rubber. I tried asphaltum, and it melted instantly. I took melted tin 400, and could not get asphaltum under the surface. I took asphaltum in boiling water, did not melt, but added salt and increasing heat, it became soft. I endeavoured to form seals, and by heating it in flame of lamp 1 could make impression. I did same with Newcastle coal and other coals ; it is not capable of fusion, properly so called ; it will not fuse without decomposition. There are coals in which you can't find traces of vegetable structure — only fifteen years ago when first found out. There are portions of all coal in which no traces of vegetable structure found. It is a diflScult thing 113 to prepare coals for microscope, and requires peculiar pruciice. f have seen John Bacon, Jr., of Boston, preparing coals. Grind u smooth surface on coal, and then put it on glass with Canada balsam, and then ground down carefully, then polished clear of all scratches, until perfectly smooth, then submitted to microscope. 1 have had some experience in it, and find it difficult. I gave Dr. Bacon a piece of Hillsborough coal for examination : he cut slices from ditferent pieces. I saw them as he got along in the work. In many of the pieces we failed to discover any traces of vegetable structure. I then examined one piece, in which I saw distinctly the structure ofa plant, the fibres and the cells. This was last autumn, October or November. I brought the coal from the mine myself. I have not the slightest doubt that the Hillsborough coal resulted from the decomposition of vegetable matter. It is very difficult to discover vegetable structure in some coals. The cellular tissue was not discovered in United States in anthracite, until a few years ago. I have made all my experiments as a scientific man. From all my experiments I pronounce this coal. I think Teschmaker unrivalled as to structure of coal, and I think ho is not surpassed by any one in the world. Professor Silliman very high. Percival as a geologist, unrivalled in accuracy and acuteness of observation. Dr. Hays well kriow as a gentleman of great skill. All those men of the very highest authority in the United States. I know Ellitt, Torrey and Deck, and they are unrivalled in their respective branches. Cross-examined hy Milner. The spheredra is very abundant. At first I could not find the stem, I only found the foliage in the under shales of the coal : these are in the coal formation. The spheredra I never heard of belonging to an old red sand stone ; it is found in Pictou coal mines. Hugh Miller is not a good authority on this subject. There was a great difference between Robb and Taylor, and myself, as to dip. They look a curve round for a dip. I told them what they took for dip was not correct. I told them I should take my own observations. We went to inform ourselves by inspection and examination. If Robb and Taylor were to say, no difference of opinion as to mine, it would not be correct. When I examined mine before, it was only forty feet, now it is 150 feet, and shews clearly the contortions have nothing to do with the general dip. The curves of the strata are sometimes pushed into the coal, but nothing corresponding on opposite side of vein. We cut in six feet in one place roof, and then found strata parallel to bed. The polished surface of fire clay is caused by pressure and fineness of 'r 111 I i "R^ mntcrial. I linvc soon coal beds form loiter S. The dip on river, which overlies this, is a lililo to westward of south. I have been nt north and south Joggins. The dip at south Joggins is south 20. There is another conglomerate west of mine, a mile to cast of mine; conglomerate dips to eusl. On branch of Demoiselle brook, gypsum overlies conglomerale, which overlies the shale. A mile from mines, the dip in ditFerent places has nothing to do with it. The anticlinal axis is an imaginary vertical line — that is a folded axis. The anti- clinal axis is only spoken of on a grand scale, and is not applicable to a small upheaving of the rocks — as inapplicable to small mine as to call ripples mountains. In a rod on Frederick's brook, car. shew twenty different crumplings of shales. I don't know that Joggins necessarily any connexion with this. There are three different deposits of coal, upper, middle, and lower. The old red sand stone, proper, is not known out of England. We have no old red sand stone till we get to Salisbury. I examined at Ayres^ farm, and I could not find where petroleum came from. 1 saw no shales there, nor rocks near the spring. The shales at Baisely's farm dip north west. We can only find bits of the basin. It has been crushed. I can't tell where all the parts are. We have carboniferous rocks in all direc- tions, and it is impossible for any geologist to trace it out. I think the outcropping edge of the coal is at Duffys mine. I can't give further information. The formation at Baisely^s farm has nothing to do with the basin at mines. I should not be surprised if another mine of the same sort were found on Duffys lease ; the reason is, that the strata dip in all round, as if it were a local basin ; it is so crushed, you can't tell whether a basin or not. I am puzzled to know what has become of the other part of that coal bed. 1 don't thing a geolo- gist in the United Stales would risk his reputation in saying that the bed may not go to south east or north west below. I came for express purpose of ascertaining whether a coal formation, and lam satisfied it is. 1 say it was formed us a coal deposit, whether shape of wash bowl or Indian canoe. In Mansfield and other places, are coal beds, and no one can tell where the other sides are. It is even supposed that some are turned upside down. I don't know where this goes to ; whether it doubles up or passes away to nothing, 1 can't tell. I do not say it is a coal basin, but it is a coal deposit. Novaculite is a hard slate, acted upon by heated rocks from below ; the shales of the mine overlie that. There may be ages differ in formation of novaculite, and at mines. At one place dip 70, and about 50 chains dip only 20. The conglo- merates belong to the baue of the carboniferous group. I have never seen so bituminous a coal as this, and I never saw a bituminous coal mine in this country, with so high a dip. I saw some with as high, in on river, been nt louth 20. of mine ; gypsum \m mines, nticlinal 'he ami. icable to ine as to p. shew Joggins cJiflerent id stone, ind stone could not or rocks St. Wo can't tell ill direC' I think an't give othing to her mine that the :rushed, •w what a geolo- that the express iis/ied it bowl or and no Usome Jther it it is a ) acted e that, mines, anglo- never s coal '^hf in 115 France. The coals near iho river here, aro nearer anthracite than at mines, and they are least disturbed— there is no sign of eruption. There is no evidence whatever that this is in an injected mass. 1 Imvo examined in Italy and France, and never saw anvthing to support such an opinion. I know how asphaltum or bitumen is formed, and I know this is not formed in that way. I found fishes in mine ; those I got were from the jog, and in that time in ground level. The jog has same character in surrounding rocks. The shales with the fishes burn from bituminous matter of fish— that with most fishes burns best. I got some fishes from the clay rock, south east of mine in the floor; fish are in other coal mines. Pulioniscus is good evidence of coal. Professor Agassiz said, fish of coal formations had smooth scales. Genus palioniscus has a great number of species. I never heard of palioniscus in old red sand stone. I went to New York to examine lledfield's collection (they aro of galloid order, genus palioniscus), and I could not find one. Hitchcock's geology would not be a good authority on this point. I know the genus catophis has been mistaken. Wo know a vast deal more since publication of Professor Agassiz' book. I have three palioniscus of other coal formations. One palioniscus different from those of Europe. They arc not iden- tical, but are the representatives. Some of the galloids may bo in the old red sand stone. There is no reason to suppose these fishes in old red sand stone. These same species, as are moose and deer with Russians. Merely finding a palioniscus alone, without any other fossil, would not be of much value to prove coal formation, but would be strong reason to believe it to be. We know the fact that some species of fish die out, but we don't know why. Vegetable must have preceded existence of animals. Half of New York is good, so far as his plates go. Sir C. Lyell is high authority. I spent more than six months study on the subject of the fishes. Tlie fishes prove that water was over the deposit, and the species of fish shews epoch when existed. You find fish and plants without coal — may shew coal for- mation and a place for coal. The spheredra I took out of the mino myself. I got plant stems from Joggins, 1851, and sent to Boston. I found other plants in rubbish of mines — the lepido dendron and broad palm-like leaves, and spheredra. I found the lepiclostrobus, the fruit of the lepido dendron. I found calamiles at mine. I most decidedly consider the plants important in deciding as to coal formation. I think Edgitt's cape about three and a half miles from shore. I saw numerous stigmaria in rocks at cliff; whatever found in rocks above, has no relation to rocks below. If 1 found shales and plants continued from mine to Sussex Vale, I would say they were connected. If I nt>: I' iir> found nsplmltuirt in a coul mine, it would not nllcr my opinion. I Imvo soen mtdthii in o con! plant. 1 Imvo soon bituminous gypsum in Dorcliesler. If nsphallum were found at Ay res' farm, coming up through crevlcus in rock, it would not afreet tlie question— there still mny bo bituminous matter independent of mines. This is a fossil bitumen. [Stono with the bitumen produced by Robertson], This being found in abundance in the neighbourhood, could have no influence on the question whatever. I have seen bits of asphaltum bitumen in a coal mine. 1 think where shaft ends at bottom, is only about ten feet to the level. I ' Cross-examined by Kerr. The first time I camo for Allison at the instance of Cook and Smith, New York, brokers. They applied in April 1851. I was up Saint John River 1836, 1837, 1838, and of city of Saint John, in 1827. I made accurate survey for State of Maine. 1 was on Tobique River. I was employed to come here professionally. I charged $10 a day. I was about three weeks on survev. First time I saw Gesner, in 1829 at Parsboro. We had no quarrelling, no controversy m papers. I never published a word about him, bnt I may have said a great deal. When 1 saw anything he said I did not approve, I said so. He pub« lished some memoirs about Nova Scotia. I found fault with him be* cause he would not give credit to Allger and Jackson. Old Mr. Silli- man wrote to me that 1 ought to take it up and expose it. When I first came I could not finish my work, and returned in employment of Cook and Allison, and met Robb and Taylor. 1 differ with some men in some things. I think Hall makes errors in science. I no doubt make a great many errors. The first impression about this was wro.ig. This article is not by me or by my authority — [In Ame- rican Journal of Science.] This I never saw till I saw it in the newspaper. [Looks at it.] 1 see some things here erroneous. The composition is correct. Dana gave it the name of asphaltic coal. This says it is asphaltum, and that is wrong. That is substantially the communication I made to the Boston Society of Natural History. I was in error in some things. I don't pretend to be infallible. The Society stands high, and their Journal is high scientific authority. It has an extensive circulation in this country and in Europe. Any person reading this might suppose it to be correct. I did not publish the article, and afterwards I corrected it before the Boston Society ; and afterwards that stati:ment was corrected, in the same journal; Fuller is a lawyer— a respectable man. I said it would soften and melt. I put it in a small thimble crucible, and it softened to such an 117 pxtrnt ; it wns n compact picco ; sjilcndid liislrc, nnd had n conclioi. dill I'lncluro. The only error ia about its mtdliiig, and that ia iiicorr. tit. I liiivu known Dr. Hohh ahout fu'o years. IIo \n a scicntifio. mnn, nnd one for whom I hove ^roat rnspect. A good deal of scientific nciimcn. If he had explored tiifs country a great deal, he would be W(;II ablu lojudgo. 1 knew 'I'nylor. He and I generally agreed. I knew him fiflceti years. lie .;u8 I'rcsident of a coul company, atid was a sur- veyor of mines. He had a great deal of practical experience, and I liiive ofieii recommended him when I could not go myself. I went to miner with them. They wnntrtd mo to admit it was an injected mass, and I woidd not. I said it had sofu^icd in place. 1 have hud some I'xperienco wiili microscop*?. \ know Dr. Lcidy. Me is spoken of highly as an anatomist and enton)ologist. I know Dr. Macon. I dont know why he is not here, of my own knowlei'ge. I shoidd liave u good deal of confidcnco in Dr. Leidy's positive observations. Many coals are electric — the Hrcckenbridge coal, and the Pelonia coal, icannol see with naked eye any vegetable structure in this [Leidy'sJ. I heard Dr. Leidy's e.vpcriments ; they were all negative. There is a portion of this soluble. A thing must be fusiblu (so it must be melted nntl poured) to rank it as bitmnen. If 15 or IG witnesses were to swear that they melted it so as it could be poured, i would not lielievo them, because I have tried it over and over again carefully ; they were mistaken ns I was. A man is bound to believe his own senses. I say [ cant melt it. If I stood by and saw it done, and poured out, 1 would believe it. I cliallenge the trial. Twenty per cent. \\'nn most I could squeeze out. 1 can melt Newcastle coal so as to make an impression with seal. I never saw any coals melt and drop like sealing wax. I have tried a'l coals I could find — Cannel, Uichmond, Piclou, and not more tlian five |)er cent, .soluble colouring matter. Some resinous matter, for it is sticky. 1 don't know that it is resi- nous. I don't think resinous matter over one or two per cent, I did not separate them. liilumen does not exist in coal, but is formed 1 y combustion of coal. There was no bituminous matter came from iho coal. You can make it almost drop from a specimen of Newcastle cannel. Re-examined by Gray. A microscopist miglit examine twenty specimens and find no vege- table structure, and on twenty first he might ; so that would counter- vail the twenty negative experiments. My subser^uent e.vaminafion^ have confirmed my position to be correct, and disjjroved Dr. Taylor's. I think if Dr. Taylor could iiave seen what 1 have seen this time, Iik would have altered his opinions. My observations on the piece Fuller 118 !|' I gave me, was to determine its marketable value lor locomotive and gas purposes. If I had kept my filter it would have shewn the resi- due in it. That same journal afterwards stated that the article was conl. This is elastic bitumen [in the stone produced by Brown]. The asphaltum mines in France, are small deposits of bitumen in crevicts of lime stone opened to air — quantity not large ; veins not larger than my arm. At Selles the asphalien is obtained: it is calcareous mailer mixed with biiumen. 1 never heard of such a thing us asphaltum in a mine like this. Doctor ^^orrey, ly Johnson, I reside in New York. I am P.olesL-soT of Chemistry in College of Physicians and Surgeons, New York. I have held office since 1827. I am 55 years of age. I have made numerouschemical experiments on this article ; first by action of heat alone, and of various so' ents, and upon analogous substances of inflammables, taken from the earth, [ have heated it by itself, open and closed, in vessels of glass and metal. I have not succeeded in properly fusing it. I have made it pasty, so it could be moulded; but not without destroying its nature. Inflammable air escapes during process of softening. 1 have tried Tri- nidad, Cuban, and Dead Sea asphaltum, in same way, and found they softened as shoemaker's was, and can be poured out without altering iheir nature ; but when I softened this, I could not get it back to its original state. I have tried all kinds of coal. I could lay my hand on some not affected at all, such as anthracite ; others become flaky, give off gas, and leave coke, and others swell up and form bulky porous coke. I raised heat up to full redness under Albert material. I have tested by menstrua, alcohol, ether, turpentine, benzole, naph- tha, and coal tar. The alcohol affected it slightly, and I did not pro- long my experiment. Turpentine never took up to 8 per cent, of it. I have turned off turpentine and added fresh, till as far as 1 could tell :t was exhausted. Ether dissolves much less. Naphtha about as much as turpentine. Benzole took up more ; but with all the sol- vents combined, T could never get as much as 20 per cent. I have tried asphaltum, two Icinds, the Cuban, and the so called Egyptian. My experiments chiefly wiih turpentine, which, in a cold state, dis- solves it wholly, except a little sand and dirt. In coal tar the asphal- tum melts at once, and combines readily. I took little lumps in some cases, and in other cases pounded fine and sifted through a lawn sieve, put it into coal tar, and heated it to make it about as thick as mush- heated it to boiling; it was diffused through it, and made a paint rather than a solution. I made a distinction between paint and var- 119 College of since. 1827. experimcnls )us so' enis, m the earth, f glass and ave made it g its nature. ive tried Tri- d found they hout alteriti'; t back to its my hand on (come flaky, form bulky 3rt material, izole, naph- did not pro. r cent, of it. 1 1 could tell la about as all the sol- nt. I have I Egyptian. ^ 1 state, dis- the asphal" fips in some lawn sieve, as mush" ide a paint nt and var- nisli. If paint filtered, it would leave all coloring matter. I have no doubt a part fired out with coal tar, and when coal tar put on wood it sunk in, leaving powder on the surface. 1 came to the conclusion it was* wholly unlike commercial substances called asphaltum, and I found no other place to receive it but coals. Some of the bituminous coals, when rubbed, D&ve a slight asphaltic odour, but many have not. J have had a groat interest in this matter, as a purely scientific matter : in every other sense it is a secondary matter with me. This has a slight bituminous odour, more than any coals, but far difl^'erenl from asphaltum. I have overhauled great heaps of It and found difference in structure, as you will find in any coal heap. I have seen large heaps of asphaltum. I have a barrel of it m my yard — there is a resemblance ; put pieces side by side, i person would at once detect the difference ; picked specimens might look alike. The powder of asphaltum is brown, while powder of all ordinary coals is black. This powder is black. I have used the microscope 20 years, studying anatomy of plants. To examine coal, the usual way is to grind down thin slices, glue to glass, and grind till ligiit pass through ; scraping off", not so good as grinding. There is a great difficulty in getting thin ; not so brittle as asphaltum. Exposed to New York sun, it would melt on slate so as to flatten, but Hillsborough would nut be affected at all. 1 know Teschmaker many years. I am not a prac- tical geologist. I have turned my attention to geology for many years ; but I would not put my opinion against that of persons who have turned their attention to the subject more particularly, f have como to the genera! conclusion from what I have studied of geology, that this Is a bed of coal. You may take it for what it is worth. I have found some specimens not electrical, while it generally is so, and a Kentucky coal is highly electrical. I could see no difference in struc- ture, of the special electrical, and not. The fracture of the two sub- stances, asphaltum and Hillsborough, are different; this more of flat surfaces in breaking. In Uuban asphaltum there is nothing like a cleavage. In its fracture it resembles most coals. Cross-examined hy Kerr. No man has a'higher reputation than Dr. Leidy, of his age, as a naturalist. I have a very high regard for him. I was introduced about two years ago. None mote expert with the microscope than he. I know Dr. Antisell, an excellent man in every respect, and a good geologist. What I have known of Wetherell is favorable. Dr. Leidy's results are negative : he may find it if he looks long enough in other cases. It was a long time before it was discovered in other coals. 1 allow a softening some way— call it a fusidn when it fries 120 • y I '■''■ out. I Imve fried out some drops. A stud' will rise in a flusk nnd fall back again. I call this a siiifl' which has been fried out [Wetler. ell's] : this is the grease, and the other is the scrap : this lump smells differently [V\'eiherelPs melted piece. Judge smells it too — says it smells difl'erently]. [Looks at buttons] — I don't agree these are frac- tures of fir branches. Alconol is not a proper solvent forasplialtum. I can't say I have found a great difference in asphaltum in dissolving The asphaltum of commerce is dug out of the ground. I should not judge this an impression of a leaf [Teschmaker's leaf on Leidy's bitu- men]. 1 never saw a coal like Hillsborough. No two coals are exactly alike, there are properties in which they agree, 'i'his coal does not ditFer more from many other coals, than coals among iheni- selves. I do not see any resemblance in it to Cuban asphaltum ; that has a bitumen smell. 1 do not know so strong in coals; but nothing like asphaltum. If it be fusible without destruction, or being changed into another thing, then I would call it asphaltu..i. The residue you shewed me, is. not the same as the coal : it is an altered substance. I can go so far as to say that the gentleman has made a mistake ia savins it is the same: it differs in smell and in fracture. I have made no experiment with my own hands. My microscope examinations are so slight, they are not worth anything. 1 tried lo grind it down, but could not. In the portions Leidy examined is no vegetable slruc- lure. So far as he went, he is entitled to credit. After it gets beyond hundreds of degrees of heat difference, then it would be out of the range of asphaltum. In standard works on mineralogy, bitumen has a certain fusibility ; and if you find a new sub .^ance requiring several hundred degrees more, it would not rank as a bitumen, and if entirely fused, it would not be a coal. I put article and coal tar in an iron pot : we boiled it. I tried fairly and honestly, and could not succeed. I could not tell where it came from. Mjpst of the specimens came from a great heap in the yard at New York. I do not think there is a great difference in the snecimens. All Cuban I have seen is homo- geneous: this is not. A pure specimen contains a good deal of earthy matter. It lodis more lik<3 Trinidad. I consider Dr. Tesch- rnaker high authority in mineralogy. 1 was not aware he had been studying coal. Re-exanuned by Johnson. All the asphaltums 1 have seen have a strong smell. All stronger than this. J have no doubt the residue of Wetherell's is a totally dif. ferent article. When a substance fuses, it passes into a liquid state without undergoing a change. The fat part of this may be melted over again, but that would be pretty hard work. In my opinion 121 fiusk niiij Jt [VVetl,er. jump smells joo — says it pe are frac- |as|)liai!iini. dissolvinrr I should not |eidy's bitu- coals are Tills coal long then). Ifuni ; that )ut nothinf' i;? changed esidue you substance, mistake ia have made aminatioiis id it down, table struc- ;ets beyond out of the itumen has ing several if entirely in an iron 3t succeed, lens came ik there is n is homo- d deal of )r. Tesch- had been stronger otailydif. luid state )e melted ' opinion Wclherell Iins mistaken a product lor a fused substance. Alihouoh this has peculiar characters, I consider it a new variety of coal. Boghead coal is difTerent from all others in appearance. There is u vast variety of coals. It is not a fair way of testing lliis as a coal. M require that it shall possess all the properties of any oilier coal. Doc- tors Deck, Silliman, and IJays, experimented on WethereH's j)iece. Dr. ElliU, by Johnson. I reside in New York. Resided there till 1635: went to Carolina, remained there fourteen years, returned to New Yo;k in 1849, and there since. I am a chemist. I have been professor of chemistry. 1 was engaged for many years in chemical studies. Professor of Columbia college two years, and in college in South Carolina fourteen years. I am between forty fjve and forty six years of age. I have used asphaltum for various purposes twenty years ago, have not made a cheinical analysis until a year past, with view to asc rtain its pro- perties. 1 have examined a great number of coals chemically. Coals veiy numerous in variety. I visited Albert mines 3d May last, and a week or so ago. I am not a practical geologist. I was called upon before the trial in Halifax to analyse Hillsborough article. 1 addressed myself to physical characters of coals and asphaltum, and concluded coals are distinguished by two prc,jerties, and they are negative. They are not fusible at any temperature without decomposition, and not soluble in any known menstrua. 1 found these properties appertain to coals. On the other hand, I found asphaltum — Dead Sea, Trinidad and Cuban — as well as a certain article resembling asphaltum (a fic- titious article) coal tar boiled it to dryness. Al' "wreed in being easily fusible in temperatures but little above boiling water. All entirely soluble, with the exception of foreign matter, in oil of turpentine and other menstrua, at ordinary tenaperature of atmosphere, (iO and 70. I have tried Albert coal in turpentine, benzole, chloroform, coal naphtha, petroleum naphtha, and certain other liquids which readily dissolve so called asphaltum. I found turpentine boiled to amount of 100 parts at least, to ond of Albert coal : finely pulverized and sifted did not take up more than 7^ per cent. The residue when washed in alcohol and ether, and then dried, had precisely the aspect of the original. Similar modes were adopted in other solvents : not so large quantities, and similar results obtained. A small portion only was .dissolved, and the residue possessed original properties of substance. I made experiments to determine whether asphaltums were different or same thing. The Cuban was the purest article, and no foreign matter. The other varieties same substance, but had foreign earthy fU 12-2 I ; .1 .' matter. Slight diirerence of odour and difTerence of aspect from earthy matter. Taking Cuban as type of asphahunn, it was readily soluble in ten times its weight of turpentine. So benzole is a ready and powerful solvent ; chloroform too. From these experiments I came to the conclusion, that asphaltum very diffeienl in nature and properties from this coal. The line between them is very distinct. The Hillsborough not soluble, not fusible. I tried to fuse it in coal tar, without success. The coal tar itself is thick, and if put in powder and boiled might be thought fusion. If turpentine is then put in the mixture, it will solve the coal tar, and passed through a filter the coal will be left behind in its original character. Having heard a prepara- tion of coal tar had been used as paint, I tried it. I took equal portions of Albert coal and Newcastle. I mixed each with equal weight of coal tar. Materials sifted through lawn sieve; solutions then thinned with equal portions of turpentine, and with one painted one side, and one ti.^. other. I applied a high heat, arising to decomposition of coal tar ; this continued for many minutes. I could not detect the differ- ence. This is the stave. There has been an absorption of the coal tar, and coal left on the surface. The coal and tar were in mechanical mixture. Coal tar is a solution of asphaltum. It is similer to naphtim on its way to asphaltum. The concave side is the Albert, and the convex is the Newcastle. The only time I heard of its mixture wiih coal lar was at Halifax. Had I taken fine sand, general result would be the same. I should think 90 per cent, of the coal remained un- dissolved. I made a great number of experiments in fusion, in New York. I have heated it cautiously — below 212 no impression at all made ; and taking certain stopping points, tin melts at 442. Beneath melted tin, though melted fora long time, did not fuse. Asphaltum would melt immediately. Water boiled in a porcelain or glass vessel at 214. Asphaltum melts in it. Next metal is lead ; melts about 600 ; theit Albert coal if kept some time will soften slightly, but undergoes noth- ing which can be called fusion. Zinc melts at 700 or 800. I put it beneath melted zinc, it did not melt, but gave offf gas and softened. At the first softening the decomposition commences. All bitumen coal will produce coal tar, and when it begins to produce it, it softens. I have tried in vessels of all kinds. I tried to fuse it in a pewter spoon. This is a portion of the coal, and this the spoon melted. Great care was taken to prevent sudden application of heat. Held six inches above candle, and brought down gradually till spoon melted and coal dropped unaltered. This is a spoon with asphaltum, treated in the same way : full of melted material. The material of spoons more fusible than either lead or tin, and would melt at 350. I got piece of ect from [as readily 8 a ready riments I niure and distinct. it in coal [in powder ut in the r the coal prepara- I portions weight of ;n thinntu side, and on of coal the differ- f the coal lechanical o naphtha and the icturc with suit would mined un- I, in New lion at all Beneath unr) would el at 214. 00; then oes noth- I put it softened, bitumen : softens, sr spoon, eat care : inches ind coal I in the IS more piece of 12;i Welherell's piece from Court, and attemplcd its fusion in a flask. Dr. Torrey was present, and half a dozen others. The circumstances were not of a refined kind. We tried it in tube of {-lass wiih a spirit lamp. On a cautious application of heat it swelled to about three times its original volume, began to give off while vapor and inflammablo gas, which other bitimiinous coals give off under such circumstances. The tube was then inclined and shaken to try and cause it to flow down, and nothing ran down the lube. Thecoul was parlially coked, and a portion of naphtha was with it agglutinated ; a further decom- position then took place, and prcdiiced combustible gas. Trinidad asphaltum may be melted and solidified any numh of times without loss of property. Sealing wax not fusible substance ; the resinous matter holds the other in suspension. The part which Wetherell melted has not same smell as coal. I have seen Albert coals under hot sun, and it has a smeN, but very different from Wetherell's melted piece. An organic analysis is no good test. If you submit the Les- mehago coal to same tests as Albert, the results are the same. Bo- dies may have the same proportions of same parts, and yet differ toto ca3lo in their character. Powder of this is black, so of coals. Powder of asphaltum of whatever color in mass, is brown. The transmission of light is not a good test. Difference in transmitted and reflected light. Certain colors are opposed to each other. A complimentary color enhances another. Sometimes fracture is columnian, sometimes conchoidaf, sometimes long plane surfaces. Comparing with asphal* turn and coals, I have no doubt this belongs to coals. I call combusti- ble minerals such as are dug out of earth, as will burn : coals, sulphur, iron pyrites, fossil, resins. Freestone 1 would class as rocks, as con- tra-distinguished from minerals. Rocks belong to the mineral king- dom, but there is a marked distinction between rocks and minerals. Slates, granite, limestone, and gypsum. I put with rocks. Sulphate of lime I would call a mineral. As to electricity : asphallums are elec- trical ; coals generally are not, but a good many are, and some in a high degree. There is a difference, and a marked difference in por- tions from this mine. The glossier surfaces are more electrical. Glass sometimes is electrical and sometimes not. The electricity of a body is more connected witi' its mechanical character. Smooth and rough glass are different ; <^Ae positively and the other negatively electrical. Cross-examined hy Milner. I am engaged in pursuits of practical chemistry with Dr. Torrey. I have made experiments for gas company. I have no interest, direct or remote, in this cause, \ made experiment with a spoon. I put the 11!1 I'" I '!1 I ' ' '-'i nrtlcK.- In niclli.al Icail. I undo llto nXMoriment with reference to iliis trial [itial in Hulifax], and for purpose of it. 1 iried ihe fusibility iiiu) solubility of asphultum. If un article is fusible and soluble with- out decomposition, it is not coal. If il possessed absolute fusibility and solubility, I would not rank il with coal. If melted in sail water, the nsplmltum would melt in tbe same temperature. I doubt wbellier un equal number of persons of respectability bavo examined bitumen at one lime. 1 know Dr. Roolb's book. I bave never heard of as- pbaltum requiring over 214 to melt it. A substance called aspbal- ten, when iieated in ether and alcohol, will yield about 30 per cent. The asphalten itself will not melt under 500 ; but in its orij^inal stato il melts easily. There is a substance in cuban asphallum, which acts to a certain extent like as|)halten. I kepi a small fragment under the melted tin long enough lo give it a good trial. In zinc it softened and commenced decomposing, but did not fuse. The Peruvian asphallum does not itself require 500, but the asphalten, which is a constituent of it, after deducting 30 per cent, by solution. I passed it cautiously through every stage, from atmospheric heat upwards lo melted zinc, and saw no meltins;. 1 saw a softening, which to me was evidence of decomposition. Beneath the melted mass, il never softened without the extrication of gas. The softening may take place to a certain extent before the evolution of gas. Coal tar is one of the most puzding lo chemists as a compound, when exposed to heat. Adjourned. SATURDAY, JULY Slst, » o'clock. Dr. EllitCs cross-examination resumed. Certain particles go off at once. Coal tar part may boil, and part not. VVhen I made experiment, hydro-carbon' was being evolved. There is benzole in coal tar, and no doubt that was evolved ; highest temperature we employed, was that of permanently elastic fluid or gaseous matter. The whole mass had the appearance of violent ebullition — in this state ten to fifteen minutes. It was stirred during process, and then applied to the wood. I made experiment to ascer- tain the truth or falsehood of what I heard. If Dr. Robb stated ihat he had boiled it, ihere must be some mistake. I don't think it possible I can be mistaken in the matter. The length of time lo change character of coal tar, would depend on the mode in which heat applied. I can understand that lumps in coal tar would break up and be diffused, and be held in mechanical suspension by application of heat. According to my experience, it is not possible to dissolve it in turpentine and pa^js it through a filler. 1 made the experiment under 125 ind pnrt evolved. 'lighest fluid or violent during > ascer- ) stated liink it ime to :h heat up and ion of e it in under such circumstances nu enabled me to state that the gases did not es- cape from the other material, bpt was from the article. The essen- liul aspect of the residue was the same. The residue was not sensi- bly or essentially changed. I know amber ; I don't believe it fuses at all without changing its character ; it is a fossil resin and mineral combustible. If there is an analogy between them at all, it is that they are infusible. 1 am inclined to think that anthracite in the mass would not siidc in coal tar. 1 never heard of any experiments made with coal in coal tar, except what made with reference to this case. Sealing wax, in strict terms, is not fusible. It contains many parti- cles not at all fusible. I would call it melting sealing wax. Blazing sealing wax evolves gas. Resin would evolve a gas, but would not be essentially changed in its character. Cross-examined hy Kerr. All substances inorganic in their nature, belong to the mineral king- dom. Coals in New York belong to proprietors of soil, and therefore no such questions as this in United States. ]My first acquaintance with Kobb was in Halifax. I consider him a gentleman of great scientific attainments. In metallic minerals are the ores of all the metals : iron, copper, zinc, tin, &c. Re-examined hy Johnson. I heard Robb's evidence. Most certain way to dissolve it, is in powder, and not in lumps. I suppose there is neither asphalten nor petrolen in Albert coal. I am very doubtful whether correct terms are applied to asphaltum. From reference to Bousingart, both petro- len and asphalten are compound bodies. Wheat, flour, starch and gluten, and these contain oxygen, hydrogen, nitrogen and carbon. I never heard of asphaltum existing alone. Docfor Deck, hy Johnson, I am an Englishman. I am practical chemist, and studied geology and mineralogy. 1 studied at Cambridge, England, under George Sedgevick; and chemistry, under Cummins. 1 studied chemistry at St, Thomas' hospital, under Dr. Leeson, a celebrated chemist. I afterwards practised four or five years in Leamington — about fifteen years in all. Eighteen months since I came to America. I reside in New York. I studied chemistry, and mineralogy, and geology, in Germany. I graduated at Vienna, Berzilius, at Stockholm, Sweden, and afterwards studied at college of chemists, Liverpool, and at Dub- lin afterwards, under Professors Ap John and Oldham, in Geology, Trinity College. I have been thoroughly occupied with these studies I.f 12G |:1,:|, fifteen years. I was in France, for observation. I examined coaJ at Mons in Belgium. I have examined mines in Pembrokesliirel South Wales. I have seen asphaltum in Switzerland, in Neufchalell obtained in oolite lime stone, used for purpose of pavement; itl open to air and is quarried ; it is liquid first, and hardened by oxydal tion on exposure to the air. I have been here four weeks for the puiJ pose of examining this mine, and examining geology of the countryl 1 have specially examined different outcrops and sections in every hd and valley. The position of this mine is in upper secondary coal foil mution, in which workable coals are found between the transition seJ ries. The general geology indicates it as above the old red sanii| stone, and in new red sand stone, or true coal formation. The coa.l fossil Ition. lare for Inousct flame, one CO iCharle iThe n nidad, in cer coal is I have deposits here are similar to tnose in Warwickshire ond LeicestershircHblingt The coal beds in Coventry ar»> precisely similar to this, except iha! the Magnesian lime stone there, in place of the cor.jlomerate here, which contains seven and a half per cent, of magnesia. The gypsum and marls lie as in England, and below them ore sand stone and shales. The strata here are distorted, but not beyond what I have seen in Wales and Belgium. The mines in Belgium contain three kinds — ari' thracite, bitumen, and cannel. One of them is very highly inclined, one place more than this, ranging from 45 to 75. In Tlackmanavshire, a vein vertical. In Wales, one worked very like this, leaving two walls, called roof and floor : when worked that way, called edge metals or edge coals. I found several fossil plants and fishes, usually accompanying coal fields, very similar to some I have from English coal fields. It would be impossible to tell whether in old or new red sand stone, unless he saw the accompanying rocks above and below, I was in Egypt. I saw asphaltum and petroleum springs, but no asphal. turn. I believe Egyptian asphaltum, so called, comes from the Dead Sea. Thebes is 500 miles up from the sea coast. Springs are be- tween Cairo and Luxar, in valley of the Nile : they ooze out of con- glomerate of shale and slate ; large quantities brought from Dead Sea to l^gypt. I think it was formerly used for embalmin«r. I have exa- mined mummies, and believe it is the same in which they were em- balmed. 1 heard of no asphaltum there ; I heard it came from the Dead Sea. It becomes petrolien when much hardened. Taylor says no bituminous or argillaceous shales are found in vicinity of asphal- tum, while highly bituminous and argillaceous shales arc found in connexion with this mine. In coal mines nodules of iron ore are commonly found, and here I have found many. They are character- istic of coal formations; these nodules are similar to Coalbrookdale, England : these are specimens. This is a section of one containing [gibllit [expose in tert Thet congi andtl sand ! red sc black and v saw 1 work, friabl a fori whic' lyze( of at lamV froin in m I arli( iriei dec exp exf itf 127 xamined coam fossil. Tho presence of iron pyrites in this mine, is another indicia embrokesliireBtion. The blowers in this mine are another indication. Such blowers 'n NeufchaielBare formed from asphaltum, but the gas is different. This is bitumi- avement ; it Mnous carbonated hydrogen. This is fire damp, burns with pale blueish ned by oxydsBflame. In asphaltum, it is highly illuminating. In South America, eks for the purBone coal field is known which remains as deposited, according to Sir of the couiitrjBcharles Lyell, in which all the strata lie exactly parallel to each other, ns in every hiiMThe rule is to find them disturbed. I am acquainted with Cuban, Tri- ndary coal forBnidad, Egyptian, and asphaltum of commerce. Asphaltum is soluble transition selln certain menstrua, and made valuable for varnish and cement, and coal is not so. I should say Hillsborough is highly bituminous coal. 1 have seen in Ireland below peat bogs, substance precisely resem* bling this, three to six inches thick, from what I remember of their fran- gibility and appearance. In Hessia, near Gotlenberg, a lignite when exposed to air became black, and was called pitch coul. Jet is found in tertiary formation, much later than coal ; it is cut up for ornaments. The toad stone is above old red sand stone, and that is found in the conglomerate here, I have been at Baisely's farm, Wright's farm, and thirty miles round, and I am of opinion we are far above old red sand stone. 1 have found none of the accompanying rocks of the old red sand stone. What I saw is the asphaltum lime stone, and not black looking, the position of iron stone. The fossils, the iron pyrites, ^ called edgeHand what I presume a strict fire clay, mark this as a coal mine. I fishes, usually ■ saw no appearance of fusion. Where igneous action has been at from English ■ work, tho lime stone has become hard marble, and the shales very Id or new red ■ friable. [ saw no indication of igneous action here. I would call this a formation from aqueous action. I found several pieces of coal, which may or may not be mineral charcoal : these are they. 1 ana- lyzed the fire clay with Dr's. Silliman and Hays. There is a portion of animal matter in the shale which causes it to burn. These are ca- lamites found at the mouth of Salmon River, about twenty three miles from this, and I found stigmaria yesterday at Bennett's. These are in new red sand stone, which is connected with coal formation. old red sano n. The coa! eicestersliire, IIS, except tha! omerate here, The gypsum )ne and shales, have seen in ee kinds — an- ghly inclined, ckmanavshire, leaving two 'e and below. Jut no asphal. 'om the Dead rings are be- e out of con- •m Dead Sea I have exa. Jy were em- ne from the Taylor says "f of asphal- •0 found in ron ore are 3 character- Ibrookdale, containing CHEMICAL EXPERIMENTS. I made as many experiments as I could here, and in NewYork, on the article ; and my conclusion is that it is coal and nothing but coal. I first tried its fusing power ; it required a high heat to soften it, and then it decomposed, while asphaltum melted above boiling water. The solving experiments shewed it not to be asphaltum. I heard Wetherell's exp*^riments. I tried all sorts of experiments in New York to make it fusible or soluble. I came prepared with all the best instruments r. 12R li ■< I could bring, for a general cxaminntion. Wiih Silliinnn nnd Iluys, we put some in a close flask and heated it to nearly a red luml ; expected it to fuse; some of it coked ; somo of itdistiiied^ and f(dl hack upon it and dissolved itself. I find its own coal tar is its best solvt^nt. We could not produce same result as VVetlieroll. Wo tried experirneiii on a piece given by VVellierell ; it dissolved in turpfiniiie, and was fusible. It was the coal altered ; it was a distinct arliolo. I use the microscope. I am not a professed microscopist. I would not look upon a microscope as a decided means, when chemical docs not aL;rc(! with it. I have seen Pritchard and Arcnburg preparing coal for mi- croscope, and preparing fossil wood. Sliced fine and rubbed down, and polished it till so ihin,.lhat it transmits light. 1 have tried by (lis- solving out ligneous matter. I have seen it attempted by burninj; and getting ash. I know all coals do not present a vegetable struc- ture. Some from fermentation and other causes lose the vegetable structure. Such coals as Albert are known to shew no cellular tissue. Some coals are electric. Some varieties of this coal are not electric. I can tell when Albert coal is electric from its structure. So it is owing to the arrangement of its particles. This is an electrometer. [Tries a piece of electric Albeit coal. Shews two experiments in which electrometer moves] From all I have seen, I come to the con- clusion, chemically and geologically, that it is strictly coal. I placed some pieces of asphaltum and Albert coal in the sun for three hours. I found all the asphaltum soft and impressible, while the coal was un- altered in anv degree. Cross-examined hy Milner. I am chemist and geologist. I am now engaged in manufacturing chemistry. 1 am now 31 years of age. I was brought up in labora- tory. My father was employed as chemist in Cambridge, England. I have made scientific research my object through life. 1 commenced studying geology in Cambridge, and chemistry under Cummings. I studied chemistry in connexion with medical science. Being a me- dical man, I have examined geology more as an amateur. I first tried it about twelve months ago and found it would not dissolve, and laid it aside. About six months ago I examined it to satisfy myself, and found it was coal. I satisfied myself about it before I heard from any one of this dispute. I came to see whether the geological character agreed with it. I felr honored to have been selected to make investi- gation. I was at Baisely's farm. The dip of the rocks there about 15 north west. Some more, some less. I have been at Salisbury. I was at Edgitt's ; the dip there is from 9 to 13 south east ; at Cape Demoiselle creek, the same. This side of the mine it dips south east to 1^9 |t Cape east to north west of mir.c ; d'p is 10 to 70. The (hp of iho Albert mines h 10 south east. I speak of the shales. Tho slratj liuve been very much distorted. There may be another coal measure at Joggins. The Albert mine is included in shales. I should say 1700 or 1800 feet greatest depth to a coal deposit. The old red sand stone is below the coal measures. 1 am not aware tliat it is laid down that maximuni thickness of coal, 5000 feet. 1 call this in the lower, secondary po- sition of geologists ; shale above and fire clay below. It lies below conglomerate, and is in the upper section of the coal measures in the carboniferous series, for I see no indication of the old red sand stone any where. I should think the Joggins formed a conlinuation of this formation, but they are in different basins. 1 should think it could not come out between this and the mines. The strata hero have been very much broken and distorted. The general dip at Salmon River, south east — there an indication of its being a ihoroujih coal country. The substance f saw in a peat bog in Ireland is a bitumi- nous subfilnnce, is more like coal than peat. I took these sc-ecimens from mines with coal dust. It is possible this may be highly pul- verized coal. 1 took them because Dr. Robb said he saw no coal dust. Cross-examined by Kzrr. The eyes of the whole scientific world are upon us. I was em- ployed two or three months ago by Mr. Cook and Mr. Allison. I ex- pect to be paid. I wont say I may not be wrong. There are other coals which I know to be electrical, but there are none here that I would call so. I have never seen asphaltum reduced for the microscope. Re-examined by Johnson. I found coals in England electric. Mr. Kerr offers evidence to rebut, by putting in license of Foster Bryant to shew the license to Duffy is void. License offered in evidence to shew it embraces locus in quo. Attorney General. It is not admissable, and is no answer to the defence ; and suppose it embraces the locus in quo, it does not alter the answer made out by us, unless they shew an assignment from Bryant. [Judge. Does it not cut down license from the Crown.] It justifies nothing they have done, and is therefore no admission. U they intended to shew they claimed under this, it should have been part of their case. Gray. This license not from proper custody. If they claim under it, it should have been part of their case. To make this available, it should be connected by assignment. It opens case to fraud. The i:)0 [M'osurnpiion \i llioy liavo no nssiyrimont. Suppose Isf, lease to A, iid, to U. Suppuso IJ l)iou;j;lit uclion for trespass, clereiuliuU could iKJl shew lease to A. [Juiige. This is invortin'? the cnse.] Johnson. Both elaimitig uiuler the Crown. IMaiiitill' sliewiny a prior lease, would not interfere willi our riylit. They claim by title which j^ives no riijht to mines. Their jij;iving in evidence lease would 1)0 a new case — claitninj^as licensee of Cruwn. [Judf^e, No, cuts you down as licensou of Drown]. It could not break down our case, if wo were claiminjj hero as plaintills m ejectment — then a ditlerenl cu&e. Ros. 171, Same as if gave evidence of trespasis on one act, and then ollered evidence to shew another. If attempt to make title, thou it cant be yiven ; or if they give it, it shews title out of them, and therefore can't bo given. Judge admits the evidence, subject to tl)C objections. Lease from Crown to Foster Bryant, dated lOlh August, 1841, for three miles square. Consideration ;£^50, twenty five years. To be void, if rent behind thirty days ; and if no eHectual working and opening in two years, a right of re-entry. Adjourned 12 o'clock. ■\m MONDAY, 2d AUGUST, 11 oclock. Philip Pahnery hy Kerr. * [Bryant's lease read over]. I am Deputy Surveyor crown land office. 1 have been surveyor 41 years. 1 surveyed out Fosicr Bry- ant's license, July, 1841 [looks at plan of lease], before division of county of Westmorland. I had before that, laid ofF a license for John Alexander. I commenced at south west angle of Alexander's license. I then ran course of south line north 88, west six miles. I then commenced to iay off Bryant's licinse. I continued same course three miles, tli<.:n south two, west t'lree miles more, then at right angles three mile , and then at right angles three miles to start- ing point. This was done at Bryant's instance for him. 1 know where Albert mines are, I was there last Thursday. Those mines are within the bounds of this license. I should think the place where buildings are, and I saw them at work, is quarter mile from the north line, and from east line, half a mile. Cross-examined hy Attorney General. I don't know where Foster Bryant is. I have never seen him since I laid out the lease. I don't expect he is in this country. I am satis- fied Cairns' works are within the bounds laid out for Bryant's lease. Bryant had men sinking in shaft in Frederick's brook when I went out. )31 'own land asier Bry. li vision of icense for Bxander's ix miles. Jed same S then at to start. I know e mines !e where ^le north ^ Since m satis- lease. I went Re-examinrd hij Kerr. I never went oiit aflorwfirds to }n non-per- ^. 9 : office of record, possession f re-entry not paid, It payable paynient intrusion (Al/en's innitation - is same as Exchequer in England for this purpose. Presumption is, Crown tvould not make second lease without authority. Gray. Another clause in proviso. PLintiff should have gone further, and have shewn performance of conditions. Broad distinc- lion between leases and grants, and licenses to dig and mine. In the latter no estate is vested, and no escheat necessary. It is a mere permission to do a thing if done within a time, and if time elapses license is gone. Here steps taken equivalent to re-eniry by Crown. Doe Hanhy v. Wood., 2 B. Sr Aid. 724. Permission to dig, held no estate, only a license ; and this shews that lease to Duffys is equivalent to re-entry by Crown. Johnston. Distinction where power of re-entry given, and absolute forfeiture created. ilir. Kerr in reply. Objection not answered. Matter passed by record must be restored by record, lleceiver GeneraPs office is not , office of record, as Exchequer book produced \l not the record. The effecl would nullify a large portion of licenses. May have been paid to somebody else. Judge admits evidence, and reserves point. Thomas C. Lee, hy Attorney General. I am Receiver General. I have been so since 1836, and I am sii'l. I was Receiver General 10th August, 1841. I receive all monies, and make all payments connected with the Casual Revenue ; All payments for lands, timber, fines, courts of law, sales of wild mea- dows, and rent's! for mining leases whenever paid ; all monies paid in c^sual revenue is on ticket from crown land office. I can't receive it without that. It is sent to me, and money paid and entered in my book. Rents on mining leases are always 'entered in name of the original lessee. I have entry of 5th July, 1841 : Foster Bryant paid £50 on account of mining lease. I have examined the books re- peatedly, and I have no record of payment made since 5th Jcdy, 1841, by Foster Bryant. If any thing had been paid en his lease, I should have entry of it. Cross-examined hy Kerr. I can't pretend to say his money paid into the crown land office. I have given no authority to any other person, nor do I know any other person authorised to receive. The monies are received at my office. 1 received rents from Peter Duffy— <£5 on leases ; next, 2d May, 1851, £65. Nothing can be received in casual revenue but by me. I can only know on what account and how much to receive, from the ticket sent tc me. There are deputies, local receivers in the R 134 Counties, and monies nrc sent to me. The rents are paid at Fredericton. I don't know if ever the monies received by the local receivers, but 1 don't believe it is so. Local deputies are appoinlqd by crown lond office. I don't know that they are authorised to receive monies on licenses. Re-examined hy Attorney General. 9th July, 1851, Duffys paid .£40, 17ih Oct., 1851. Objected to after action brought, and sustained. Mr. Gray offers evidence of tender of ^65, before date of entry. Rejected. Smith cites authorities. License to Foster Bryant. They should shew he had raised material, before neglect to pay rent can a' ail to avoid it, and not bound to open a mine, and can't forfeit till opens mine. Stark, on Evid., 1099. Trespass. Possession actual or constructive necessary. He who has right may enter and may maintain ♦rcspass against one wrong(ull) remaining in possession. GROUNDS. 1. The whole reservation, except as to gold and silver, void. 2. Exception of mines and minerals — " void for uncertainty." Grant may be void for uncertainty. 3. The exception goes to take the whole thing granted, and is therefore void. Cro. Eliz. 6, 244. 4. Unless exception be taken in its confined sense of metallic mine- rals, and of same class which preceded. Coal being a combustible material expressed, all others of that class are excluded. A m!':eral is any thing that grows in mines and contains metal. 5. The license is void, as it does not recite the grant in which the reservation is made. 6. The license is a new contract between crown and licensee, and not assignable. 7. License to Duffys void for non-payment of rent 8. License void in granting too much, more than crown had. 1. Taunt. 183. AUersall y. Stephens. The lessee recovered the whole damage. 1 Coivp. 9, Moore v. McGrath. Tomlin. Mines applied to all treasures dug out of the earth. 1. Bl. Com. 294. Right to Mines. Taylor 243. 4. 5, on coals. Kerr. The case breaks down on the notice : insufficient, and affords no defence. Gray cites as to sixth point. 6 Bing. 694. Muscat v. Tozcr Shews license to mine assignable. 7. Eq. ^ Law Rep. 595, reseme. Notice not in place of special plea, and is cumulative. 14 M. 4« W, 857. Ross v. Wainman, 5 Laia^ Eq. 526. Johnson. Roscoe 489. ''redericlon. Icivcrs, hut I [crown land monies on [e of entry. pad raised it» and not )nstructive in ♦rtspass ilver, void, -ertainty." >es to take iz. 6, 244. illic mine- )mbustible A m.'ieral iie license 1 is made, nsee, and t of rent wn had. ered the Mines m. 294. ent, and Tozcr reseme. '• 4- w^ 135 Attorney General addresses the Jury, Action for breaking and entering close. Two first counts founded on Stat. Hen. 6. If plaintiff recovers damages, he recovers double costs ; and to recover, must shew freehold in plaintiff, and therefore can't recover. Plaintiff must shew, when trespass committed ho was in possession. As to expulsion, he must also shew possession and expulsion. I think 5, 6, 7 counts plaintiff can't recover. Even if he could, he must shew it to be asphaltum. Onus on him to prove it usplialium. If he shews it asphaltum, he can't recover. Principles of Law. — Declaration lays trespass 1st January, and con- fined to 4th February. If pakty purchases, he cannot bring action for any thing done before his entry. A defendant may shew he is rightly in possession. If tenant at will, will must be determined. If from year to year, must have notice. Tenancy must be ended. If defendant rightly in possession, plaintiff cannot recover. If a man in possession holding adversely, and owner sells while such possession, no right passes ; for law says, chose in action not assignable. Bac. Ahrid. No doubt the whole object of the action, is to oust defendant of mines. GROUNDS OF DEFENCE. 1. Defendant denies trespass on plaintiff. He had no title or pos- session at the time of trespass. 2. Defendant's lease from Crown, of mines, and plaintiff no right thereto. 3. Defendant took possession by consent of the owner of the soil, and erected buildings &c., and such license is irrevocable. A recognition of our rights, and persons purchasing from Steves are estopped from disputing. 4. If wrong on 'l.at point, and assuming defendant merely in possession of soil and n.' . of mines, defendant still, by authority of Steves, is a tenant from ^efir to year, and we could not be put out before the spring of 1851, f). Mining lease carries with it, as incident thereto, a right to enter and take away coal. 6. The ariicle is coal and nci asphaltum, and if asphaltum it is a mineral. 7. Assuming wrongfully in possession, and holding adversely, plaintiff has purchased a right of entry only, and his title is void. Proved defendant's possession not so Inrge as Duffys. 8. Plaintiff has shewn no right or title to any of the minerals-. Question whether coal or asphaltum, not absolutely necessary to settle in this case, although desirable to do so. Reservation of mines are for public benefit and are just. EVIDENCE ON PART OF PLAINTIFF. Cairns only ordered him out of mines and not off the soil. He did I« I 1»6 H i!l:il not take hold of them and turn them off, and at this time Cuirns had a right to defend his mines. This, therefore, is no trespass. Robb says it is above, and Taylor says it is below coa! measure. Taylor 44. After John Steves allowed Duffys to go on, he is estopped from disputing it now, as the expense incurred. Gesner's Reports, 1841, p. 27, 28; 1640, p. 66. J. Steves recognized the lease from Crown, and right of lessee to lake the coals, when he gave permission to Duffys to occupy and dig. TUESDAY MORNING, 8 o'clock, IStli day. Mr. Kerr addresses Jury, A conflict between government and people. Office holders backed up by : ■"'"'ntM's. Question, whether you are to be freemen or slaves, k: vvn license carried out, minerals will take every thing and leave you mere serfs. Berton v. M'Mahon. Case before Court. Government waiting. Warns jury of result. Real defendants htre Anthony Cook and Allison. Cairns is only an ai^ent. Coals by laws of England go wiih the soil. Cause of revolution in States, was reservations in grants. [Judge. New idea.] Four of Counsel are members of Assembly, and intend to secure Bill next Session. We go for trespass to land and for asphaltum. First two counts we gave no evidence on. Third count. [Reads it, and admits no evidence of cutting trees.] 4th count : expul'='" jn ; expenditure by plaintiff, ^25, when driven off by defendant. Statute of frauds requires a writing, or tenancy at will. When Steves sold, it put an end to tenancy at will. When Duffys assigned, it put an end to the tenancy at will. In Duffys assignment he stipulates to use his influence to obtain a kase from owners. Brown gave no evidence of transfer of license from Sieves ; as a personal permission it could not be transferred. Cairns set up no authority under Duffy or Sieves at the lime, and cannot now do so. Upon the third count they were trespassers for entering and working. Upon 4ih count : they expelled us from our shaft after we had spent ^£25. Let the coals go to the owners of the soil. Taylor, 244, ^ays asphaltum used by smiths in Cuba. [Refers to Jackson's report as in American Journal of Science. J Supposes a trial in Halifax, and verdict for plaintiff on same evidence as here. 137 ICuirnsImda Is. joa! measure, plopped from of lessee to tupy and dig. The Bryant license put in, and if said that is void, then the other void. If Bryant not void, then cuts other down. By a verdict for dtjfendant you will surrender your rights. The case is yours. And if for defendant leases will come down like hailstones. Suppose verdict for plaintiff, as jury of Halifax did, then you will fortify your tide and make your lands more valuable. And your lands jClOO each of more value. Out of 68 leases 64 void. If 200 chaldrons, give us verdict at such moderate price as you may deem necessarv. Iders backed freemen or ' every thing jeforc Coiirf. endants here Is. [Judge, nd to secure ■nt. [Keads e*pul-!jn; mt. ill. When ys assigned, to obtain a eves ; as a • time, and tering and ft after we [Refers to OSes a trial re. MEMORANDUM OF JUDGE's CHARGE. The declaration contains seven counf. The two first are on the statute oi Henry 6, for forcible entry and detainer, and are not sup- ported by evidence, and therefore no question arises on those counts, and I must instruct you to give your verdict thereon for the defendant. The fifth, sixth, and seventh, are for digging and carrying away asphaltum, and for breaking and entering asphaltum mine of the plaintiff. Upon neither of which, in my opinion, is the plaintiff entitled to recover; for admitting the article to be asphaltum, it is admitted and proved to be a mineral, and is therefore, in my opinion, within the reservation of the grant to George Sieves, and does not therefore belong to the owners of the soil. You will therefore consider the evidence with reference to the 3d and 4th counts, a'^cording to the rules of law I shall lay down for your guidance. To entitle the plaintiff to recover in this form, of action, it lies upon him to shew that at the time of the trespass complained of, he was in the actual, Oi the constructive possession of the place, in which the trespass was committed. Actual possession is being on the place, and exercising right of occupation. Constructive, is that possession which accompanies a legal title, and a right to possession ; for in such case, the owner is not required to walk over his properly to preserve possession, but is deemed to be in possession by virtue of his title. If Duffys or Cairns were holding adversely at the time of the assignment to the plaintiff, such assignment would not take effect as covering a mere right of entry. But I am of opinion there is not sufficient evidence to shew such adverse holding. On the contrary, there is evidence to shew that the defendant did not pretend at any time to claim any right to the soil, but only to the mines and minerals. There being therefore no adverse possession of ihe four acres, so 138 1 , ■vr far Qs regnrils liic soil, I am of opinion lliat the lease to Milner nnd assignment to Gcsner would take eHect to pass the possession, unless some oilier legal impediment existed ; and this brings us to the ques- tion, what right did John Steves give to Duflys in 1850? If you i)elieve from the evidence, that John Steves at that time autliori^ed the DufTys to go on and work until the following spring, as they had done during the previous year, and that such autliority was clearly intended by John Steves to cover all such works as were necessary for the prosecution of the mining operations, then as John Steves himself could not liave maintained an action for the trespass com- plained of, so neither can the plaintill'in this case; and if such be your view of the evidence of John Duify, your verdict will be for the defendant on the whole declaration. But on the other hand, should you be of opinion that no such authority was given by John Steves, then your verdict will be on the 3d count for the plaintifT, for such damages as you think will compensate for the digging of the shafts and encumbering the soil, and other acts proved to have been com- mitted between the 1st January and 4th February, 1851. As to the 4th count. The question for your consideration is, did the defendent expel the plaintift' from his close. If he did not, even admitting no authority from Steves, then plaintiff is not entitled to recover on that count. The evidence shews an expulsion from ihe shaft clearly. And with regard to the reservation in the grant, I have to direct you that the Crown had full right to make such reser- vation, and that it is not void. But at the same time I must inform you, that such reservation does not, as a legal incident thereto, give a right to the Crown, or its lessee, to do any act on the land which will injure the surface, and that therefore an action lies by the owner of the soil against the licensee of the Crown, for any such injury. As to Duffys lease, I am of opinion receipt of rent in May, 1851, is in law a waiver of the forfeiture. The case cited must be taken with reference to the time. While I do not consider it important in deciding this case, wiiether the article be coal or asphaltum, for the reasons I have before men- tioned, yet as so much trouble has been taken on either s de, in reference to this question, I shall ask you to say in your verdict which of the two you consider it. In submitting the case to the jury, the Judge presented in substance the following abstract of the points in issue, as to the character of the material. [See next page.] Jury out twenty minutes. Verdict for defendant, and Jury say, we believe the material to he Coal. " £ «o i a Milner nnd ision, unless to ihn qucs. D ? 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The examination of Richard Cowling Taylor, n witness produced, sworn anil examined, at the lr)use of Andrew VVeldon, Esquire, in Dorclujstur, in the County of W.stmorland, on the part and behalf of Abriihatn CJc-sner, plaintilfin a certain cause now pending in Her Majesty's Supreme Court of Judicature for the I^rovinco of New Brunswick, ajj;ainsl William Cairns, defendant, before me, the Honor- able An:os Edwin Botsford, the sixth day of June, in the year of our Lord one thousand eight hundred and fifty one, pursuant to ihe order of Mr. Justice Parker, made the second day of June, A. D., 1851. The said Richard Cowling Taylor being sworn on the Holy Evan- gelista of Almighiy God, deposes and saysin answer lo questions put to him by Christopher Milner, Esquire, the Attorney for the plaintifl", " 1 am a native of England, and a citizen of the United Slates. I am a geological surveyor^ or mineral agent. 1 have been engaged in that business since the year 1810. 1 have published various woiks on the subject. I am author of a work, entitled Statistics of Coal, I have a good knowledge of mines, and of coal in particular. I know of no other author of a work called Statistics of Coal^ but myself. 1 have resided for twenty one years in the Slate of Pennsylvania, and during a large partof that time in the city of Philadelphia. Geological and mineral agent are synonimous terms. Coal occurs in a dislincl form, known as the " coal formation," by geologists ; which forma- tion includes both anthracite and bituminous coal. The origin of coal is universally ascribed to vegetable productions which have under- gone certain changes. Vegetable substances, originally occupying the surface of the earth, have been by geological changes covered over by other substances. ' Strata' would express my meaning bet- ter than the word 'substances.' Coal forms part of a large group or series of strata known by the general name of the ' coal formation,' which includes the whole series. Coal is the same age as the whole group of which it forms a subordinate member. Coal occurs in sedi* mentary rocks. The coal formationiscomposedof sedimentary rocks. Coal is recognized always by the peculiar plants which have led to the formation of the vein, and which plants also occur in the contigu- ous strata above and below ; that is to say, in sand stone, slates, and fire clay. Coal is a parallel and continuous seam with the whole coal formation. Coal seams in general preserve their uniformity of thick- ness for considerable distances, and are always parallel with the sedi- mentary strata of the coal formation. I have visited the county of Albert recently. I have visited the mine in Hillsborough. That mine is three or four miles from ihe Pelitcodiac river. I examined that mine in company with Professors Robb and Jackson, and Mr. Foulis and Mr. Brown, the managers. I was there on Saturday, 24th May last, with Dr. Robb, Mr. Cairns and Mr. Brown. On Tuesday, 27lh Ill of same month, 1 was down in the mine ; Drs. Jackson and Robb, Mr. Foulis and Mr. Brown, were wilh me in the mine. [ examined the mine on both days. I made up my mind that the substance found there did not correspond with the usual characters of a coal seam. ItdifFtjrs in the first place, in having no conglomerate above or below it. It has no fire clay above or below it. It has no vegetable impres- sions common to coal seams. It has not that perfect parallelism of lis walls that coal scams usually have. The strata of the two sides are dipping in opposite directions. In some part of the excavation or level, the two sides of the seam approach to parallelism. In other purls of the level, and more frequently, the two sides are not conform- able, and on the eastern side are much distorted. The coal seams do not diverge or cross the stralificaiion. The vein spoken of ramifies into separate veins, and receives and gives ot»t smaller veins ; which veins occasionally re-unile together again after certain inlerrupiions of thestratification. I formed the opinion that this vein is obtrusive and thrown up from beneath. That it is a fissure occurring in the rocks, which fissure was filled by the mineral substance under investigation. That the vein occupies a line of dislocation in the manner of a very steep anticlinal axis ; the occasion of which gave rise to a local throw- ing ofl*of the contiguous strata in opposift; directions. In fact, so far as appearances justify the remark, the vein itself was thrown upward* in form of a wedge, the force proceeding from below. The distinc- tion between it and coal is in the nature of the substance itself. I formed the opinion that it is a mass of matter injected whilst in a liquid, soft, or melted state, which after cooling presents its present appearance. I observed that the mineral substance of the vein pre- serves a horizontal direclion or nearly so in its planes of sub-division, which occasionally give it an approach towards a columnar structure in that direction ; consequently those divisional planes present them- selves at right angles, or nearly so to the bounding walls, as has been observed in other places where veins of asphaltunr or igneous matter, such as basalt, have been ejected, where the columnar structure always- arranges itself under the process of cooling, in a direction at right angles to the walls. I found the calcareous slates on both sides were highly charged with bituminous matter. This vein appears to be inclosed in a series of calcareousand biturainousslaies ; which series occupies a belt or range passing through the country somewhere in a north east and south west direclion ; the breadth of which is consider- able, but which I am unable to slate. The series of bituminous shales appears to comes from beneath ihe group, which is generally known as the old red sand stone, and lo overlie an older rock which is gene- rally denominated a melamorphic siate or rock. The coal formation overlies the old red sand stone, therefore it gave the impression to me, from observation, that the old red sand stone group was interposed between the conl formation and the bituminous shales, in which this substance is found. VViih reference lo what was said of the interior structure of the veins, I would add that whereas in coal the divisional planes are parallel to the walls ; those of ihis inje< ted matter are arranged transversely to the walls ; which had a considerable influence upon my mind in forming an opinion as lo the character of the sub- stance. 1 also concluded that the contents of the vein were posterior 112 I'l to llie uye of llio surrounding slinles. 1 consider tlio substance in question, from luy general knowledge, to be usphultum nnd not coal. [Mr. Milner here usi^s the following question: " Wus there any dispute or diiFeronce of opinion on the Inst dny you inspected ilic mines us to the substance being an injected mass ?" Messrs. Bliss Uolsford and A. L. Palmer for the defendant, objected to thcijuestion us improper to be put. Witness answers thus to the question : " There was no dispute or dillercnco of opinion."] Dr. Jackson assisted nic in exploring the mine on the second day, in taking admeasurements, the angles of dip, the ranges or courses of stratification, in tracing the principal geological features developed in the interior of the vein, ami in making notes or sketches of the some. In all those admeasure- ments we had each his own instruments, and wo all agreed as to wlint we should enter in owr books. We consulted together as to what our figures should be, io as to have the material data alike. 1 mean \>y we, Drs. Robb, Jackson, and myself. 1 have been in Cuba, and have examined asphallum mines in two or three parts of that Island, and iiol elsewhere, as there are but few such mines in the rest of the world. The deposit in Hillsborough is similar in many points, as to its charnc- tcristic geolo^rical features, to that of Cuba. 1 know nothing of tlio chemical composition of the substance in question, as chemistry is no part of my profession. The external characters of the Cuban asphal- lum sliglitly differ in some localities of the same Island, some being more compact and lustrous in their fracture than others. The Hills. borough substance approaches to the more compact variety in Cuba, but is still more lustrous, and possesses a more splendid black color. 1 have no doubt of the character of this substance. I believe it to be asphaltum in some one of its varieties. I do not believe it to be coal, or any variety of coal." And the said Richard Cowling Taylor being cross-examined by Bliss Bolsford, Esquire, on the part of the defendant, further deposeth and saith : " I came on here in my professional capacity, employed and paid by Dr, Gesner or his agents at New York. 1 was informed by Dr. Gesner that 1 was to be a witness on his part in certain causes re- lating to this matter. Dr. Gesner did not accompany me all the way to the mine, bui came with me from Halifax to Hillsborough, and lodged with me there at Mr. Edgitt's. I reported to him the results of my observations at the mine, on my seeing him afterwards. He asked information from me relating to my observations, and 1 gave it to him to some extent, but slated that i wished to draw my conclusions unfettered by any. He did not put many questions to me. He most likely inquired of me about the general features of the case, but 1 was somewhat reserved in my communications to him. I did not con- ceal from him my opinion of the E.rticle. I came to the solemn con- clusion that the substance was asf»haltum while in the County of Al- bert. I expressed no doubt while there that it was asphaltum. I probably mentioned my conclusion then to Dr. Gesner. I was sa- tisfied after my first visit that it was asphallum. I never in the United States said the article was coal. I gove my opinion to Mr. George E. Cook, that the article was asphaltum, and compared t in his presence with two specimens from Cuba, and from different loct'lties there. I IVA lubslunce in H not coal. there uny pectcd ilie lesprs. Bliss llietjucsiion "Thoic assisted mo isuremenis, 1 irncingijie |he vein, ami acJ measure- Id as to wlint to what our I mean l)y "i and l)a\c Island, and f the world. ) itscharoc- ihing of ilio mistry is no iban asphai- some being The Hills. ty in Cuba, black color, ieve it to be t to be coal, led by Bliss jposeth and 'loyed and 1 formed by causes re- all the way ough, and the results ards. He J 1 gave it onclusions He most ise, but 1 d not con- lemn con- 'ty of Al. altum. I I was sa- he United Jeorge E. presence there. I saw some shale tljcro at the same time presented by ^f^. Cook. Ho sent tno printed certificates, as to the analysis, by clicinisls of high standing, viz : by Doctors Torroy and Chilton, and by Professor Booth. I do not recollect the analytical contents of those certificates. There was no difllerence of opinion expressed io them. Mr. Cook did not name the article to me as either coal or asphaltum, but asked my opinion of it. From comparison alono 1 decided it was asphaiuim, but Idid not wish to bo quoted as giving my opinion on the subject, until I should have had further means of forming u decision. 1 am no professional chemist. I always employ one of that profession where 1 require his opinion. Looking at coals in the same way I should decide upon their character or species. If I had two speci- mens placed beforo mo, one of true coal, the other of asphaltum, each having its peculiar characteristics, I should bo able to form a conclusion under what head to place each, but [ should like to be fortified in that opinion by a view of the geological peculiarities of the surrounding country, and by a chemical analysis of each specimen. If the geo- logical and chemical analysis of a substance ditlered, I should bo governed by my own geologiciil cxperienoe in the one case. As to the chemical analysis, I should of course be unwilling to oppose a chemist on a chemical subject. The chemical part of the subject I should leave to chemists. In such a case I should olFer my opinion as a geologint and not as a chemist. 1 havo seen no statement vvhero they difl^ered materially. It is a question to be decided by a geologist rather than by a chemist, as to how coal and asphaltum are to bo distinguished. It is not wholly in their constituent parts that they differ. Coal is composed of certain substances, which o.lso enter into the composition of asphaltum, but in diflurent proportions. Coal differs principally in the quantity of earthy matter which is contained in it, thereby adding to its specific gravity. Asphaltum has very little earthy matter, is lustrous in its color, of partially crystalline appear- ance; has peculiar surface markings; a large conchoidal fracture, and divisional planes, but no laminations. It has one, two or three per cent of earthy matter, and coal has ten, fifteen, and twenty per cent and upwards, of earthy matter. As regards the chemical analysis, the freer the coal is of earthy matter the nearer it approaches to as- phaltum ; still the purest coal would not be called > 'j)hal I liulc or no lis IT) years ) altrncl niy shnio round )y Hrcj ciny, coal scnms. ireo or (bur 111 llic (If;)tli m the nmin or rnmificn- about hori- ical posiiion limesione, urn. Those il iiielnrnor- ns traversed )ints and in II least re- 10 was more i^mpared to Islands so nous shales, with iron asphal- . Jf put of llie ciia« rtain degree ; asplialtum 3 600" Fall, ilusively as- denying or e found as- les at Cuba, ng the lines acquainted ountry and f the coal ion. The formations. I cannot ) Professor ishes were ly opinion, r'ould rely rofessional iited States fi acquaint- "ina. It is uch earlier the Albert below the old red 8and stone. I c'tnnot describe or nnmc llin fi.shes. I hnvo found no fuusii plants in the shales, but have bfcri shewn nii obHcurw specimen, looking like the stem of a terrestrial plant; but wheiher derived from that locality or not, I cannot decide ; alno, a small spe- cimcn which might or might not be considered a vegetable produciion. 1 know the species of fossil plant in the shalo accoinpatiying coal measures. The proportion of species ditrers in the ditlerent coal fields. I hnvo no reason to believe that coal is ever formed from ani- mal matter solely, but it may ho derived from an occasional admix- lure of aninfial and vegetable matters ; but I know of no such insianio on the continent of America. I should have expected to find somn traces of vegetable production in the shales of the Albert mine, for a support for the fishes ; but it is probable that the fishes fed on each other, or on some kind of animalculaj, as wo find traces of this in the dung or caproliles discovered, and as no traces of plants present them- selves. I therefore come to the conclusion, from finding no fossil plants in these shales, that plants did not exist among them at that early epoch. I believe this asphaltum has been forced upwards from lower series of rocks of an older date or epoch. I have seen no igneous rocks in the immediate vicinity of the Albert mines ; but injected matter may have proceeded from reservoirs of mineral pilch at a great depth below the surface, wheiher of transition or primary rocks. 1 have taken some pains to prov that the old red sand stone still lies above this deposit. I am noi aware of the occurrence of seams of bituminous coal in the immediate vicinity, nor did Mr. Foulis offer to point out any such to me, to my recollection. I examined the two branches of Frederick's brook. On that examination 1 discovered no coal but the usual bituminous shales. I am not aware of the exist- ence of beds of bituminous coal in the vicinitv of Frederick's brook, nor in the gray sand stone or grit, in the vicinity of the Albert mines. I know of coal plants being in the gray grit or the conglomerate of tho Joggins, and other coal formations in this country. All bituminous coals of the true coal formation are always found in the same asso- ciated rocks, with some exceptions in the newer coal deposits, of which the following are the most remarkable. The tertiary or brown coals of the Germans are extensive series along the Pacific shores of North and South America, the Richmond coal fields in Virginia, some coal deposits in North Carolina, some extending from the shores of the Missouri river towards the foot of the Rocky mountains, and north- ward in the same parallel, apparently to the Arctic sea, and south- ward towards Texas. The Richmond coal in Virginia is considered to belong to a period posterior to that of the ♦rue coal formation, but is still a true coal ; it rests upon granite with a thin bed of slate or shale between. All coal formations are not of the same age. Coal does not, to my knowledge, sometimes traverse the strata, unless it be under a violent displacement. The outcropping is always uncertain. Vhe uncertainty may be more or less, according to the nature of the rocks and the influence of the atmosphere. The outcropping may be broken and decomposed in all cases by that influence. 1 mean by " uncertain," the degree of subsidence. In no case by subsidence, or atmospheric agency, will the outcropping of coal cross the stratifi- iKi ■ cation ; and invariably ihe coal will hold llio same parallel relation to the rock above it and below it In the case of subsidence and atmos- plioric influence, it never car. be transverse to strata by which it is enclosed. In the old red sand stone, or in the sund stone that fre- quently underlies the coal measures, mariiie shells arj very abundant in some of its beds ; some portions of that stone are without them. I have found no marine shells in the old red sand stone. I liave exami- ned in Albert. 1 have carefully examined the strata in the vicinity of ♦he mine in tha:t county, and in the mine. If I had found any of tiiose shells, or fossil |)lanl8 and fishes in the mine, or in its imnediate vici- nity, they would not have cl'anged my opinion, becuuso I considered the vein posterior to the surrounding ^'ock'i. If I should be mistaken as to the vein being j)osterior, (he presence of the shells, plants, and fishes, would not change my opinion. I conceive the sand stone of the Albert mine and its vicinity, to !>e of the old red sand stone epoch, becausft it resembles it in its usual characteristics, and occupies the position in which the old red sand atone is generally observed. Those characteristics are the presence of large beds of jonglomerafes, red and grey sand stones, and red maris and slates. I discovered that conglomerate through the whole country, the nearest to the mine being about a quarter of a mile from it. The bituminous shales aipear to be rising from beneath the conglomerate, and I conceived that the red sand slone conglomerate were newer than those slates ; and the metamorphic slates upon which they also rest, have as regards the metamorphic slates, furnished a large nroportion in the form of rounded pebbles, of which the lower red sand stone conglomerate series is largely composed. The red conglomerate was most largely and freshly devel'jped in the clifis extendmg along the shore from Rlr. Edgiit's. Mr. Edgitt's is distant about three or four miles from the mine. 1 took the angle of dip of the red sand stone there. I made a sketch of my observations as to the dtp and general position, as we passed along. By the rise of the whole mass of strata in a northward direciion, I should conclude it to be above the bituminous shales. The angle of rise is, I should say from ten to fifteen degrees. This I state from recollection. In some cases it dips a little to the west- ward. For this reason, and from the rise of the strata at the mine and its vininity, I conclude that 't overlies the bituminous shales. I do not know the geological age and position of the gypsum in Albert county, and therefore I cannot describe its position. Bituminous coal does not contain uniform portions of bituminous matter, and scarcely two seams are to be found alike. 1 do not know oi my own know- ledge, that bituminous matter in coal has been thoroughly investigated. I am not aware from any tables compiled by me, or from any other source, that in Scotland there exists coal containing ten percent, more bitumen than the material found in Albert mi^e. 1 am not aware, from my own memory, that there ex! .ts coal in Scotland containing sieventy per cent, of bitumen. A book called Statistics of Coa/, and presented to ma, and marked by the examiner as commissioner with his initials, was v/ritlen by me. All the statements and tables made and found in that book, I believe to be authentic, and I received them on the authority of the analysers themselves. All the principles Cv.a- 117 I relation to and ufmos. which it is ne that fre- •y ubundant ut them. [ iave e.xami- 3 vicinity of ny of tjjoso ecliate vici- considered ie mistaken plants, and nd stone of tone epoch, :cupies the ed. Those lerafes, red Dvered that mine being s aipear to ed that the !S ; and the regards the le form of nglomerate nost largely re from Mr. es from the e. ] made ition, as we I northward lous shales, 'ees. This iJie west- tit the mine i shales. I 1 in Albert Tiinous coal nd scarcely own know- )vestigated. I any other cent, more not aware, containing ^ Coal J and sioner with bles made eived them ciplescv>a* tained in the introduction to that book, I believe to be correct. From these principles and my own experience, I u'-rive at the opinions already expressed by me, with reference to the Albert mine. The opinions advanced by me in that book, are entitled to as n)uch credit as any advanced by me at this examination. 1 do not know that bitu- minous matter in coal is soluble in oil of tur|)entine, oroil of na|)litlia, it being a chemical question, and I wishing to express no chemical opinion. Neitlier do I know that asplialtum is soluble in naphtha, or oil of turpentine, but it will melt at a certain degree of heat. 1 do not know that asphallum, when melted by the application of heat, will |)0ur from one vessel into another. 1 do not know the origin of aspnal- tum, and that must be determined by chemists, and even then not by chemists alone, because the origin must stdl remain in its original obscurity. There are various opinions as to the origin of asplialtum, but its sources arc deeply seated and carnot be investigated readily. There arj various conflicting opinions as to its being derived from organic or inorganic matter — it being matter ai present wholly unset- tled. It is the province of the chem t and geulogist to decide upon the nature of the substances found in the strata. The labors of tli« che'nist and geologist mutually throw light upon the results arrived at by eacii on their mutual observations. The chemist tests and analyses the substances, and the geologist ends the investigauon by examining the physical and geological phenomena that present themselves. Organic matter has been discovered below the granite, excepting in cases where tl'f >Tranitehas been obtruded in veins or dykes through late formations, as in the case of trap ligneous rocks ; in which Cises organic mattermay 6e found below. If a man possessed a thorough knowledge of chemistry and geology his opinion would have greater weight than that of one possessing a knowledge of geology only, and the same vice versa. 1 cannot describe the ditfereiice in the analy- tical proportions of bitumen and coal from my own experiments. I distinguish between them by their physical characters. The lamina- tions in the case of the coal, its compactness and apparent purity. Mineral pitch and bitumen are synonimous. Bituminous coal and coal are synonimous terms ; except by inadvertency or referring to a popular phraseology, they will be synonimous in their general ap- plication and popular sense of the word. If the purest piece of hard asphaltum and one c*' the purest pieces of coal were handed to me I would disti'iguish them by the following m -ans : by the presence of lamination or planes of deposit in the usial case of bituminous coal, and by their respective structure and fracture, and by their specific gravity as a general rule. 1 know of no cannel eoal without original laminations being capable of detection, and of no other coal. In the case of anthracite which has been deprived of its bitumen, the lami- nation may still be traced. I cannot define the quantity of fixed carbon, volatile and bituminous matter in coal, from experiments per- formed by myself. I know of no distinction between bitumen and asplialtum but its compactness when in a solid form. Asphaltum is always hard ; bitumcH is either liquid or solid ; and when speaking of asphaltum the solid bitumen is generally understood ; and equally known by the name of mineral pitch ; or in other words, asphaltum is 148 m-'' El a mineral combustible. Tlie word mlnnral includes usphaltum. [The lulluwinu; question was put to witness. *^ Is not asphultum found in coul mines, >ind even in masses in the interior of fossil plants.^*' To which witness replies. ^* Solid bitumen is found in coal strata, and in the interior of some fossil plants, but more frequently in the exterior."] In the case put it is not designated asphaltum, although a chemist might come to the conclusion that they would be one and the same thing. It is a mutter by no means determined as to the cause of the biiuminizaiion of plants in the mines. The process of biliirnini* zatipn converts the vegetable substances into the state of coal and then it receives ttie designation of coal. The plant charged with solid bi- tumen receives ihe ordinary appellation of coal. In the Albert mines 1 discovered no soft liquid or brown oily substance or springs of those substances. At Ayers' farm in the corresponding bituminous shales on the east side of the Petitcodiac river, those substances were seeo by me. I searched for such substances in the mine and its vicinity, but could find none nearer than at Ayers'. At Cuba, in the vicinity of the asphaltum mines, I discovered these substances in numerous springs, and also in the neighboring metamorphic rocks. 1 know of no instance of an asphaltum mine where those springs do not occur in the neighborhood, except in the case of the Albert mine. I gave Mr. Legal a written- opinion stating that the substance in question ap- peared to me to b& asphaltum>, but I declined to be responsible for any opinion unless I had' geological data by personal or reliable invest!- uution to confirm it. I formed such opinion from the appearance of the substance, and from its comparifson with- the specimens I myself collected from. Cuba. At my first visit tothe mine I spent not less than- two hours in the mine. I should have been longer in the mine if I had taken admeasurements as I went, but 1 hastened my visit fearful that it might have been considered' intrusive, although I was invited to visit the mine by Mr, Cairns, who had charjie of the mine. I was in the mine in company with Doctors Jackson and Robb, and the others^ on the second visit,, about four hours, or a sufficient time to investigate the principal points, which we wished to determine conjointly. We went into five levels, the others were not in operation ; and it was said by Mr. Brown thai the veins in those levels were worked or wedged out. We waited at the mouth of level No. 7, until Mr. Brown an- nounced that it was safe for us to proceed — he having gone in to inspect the level with a safety lamp while we waited. This was or> the second visit. Mr. Brown took a safety lamp with him, as he was apprehensive, as slight explosions had frequently taken place. Upon a match being lit and applied to a small aperture in the mine a slight flash was produced by a blower. If this blower and explosion had' been upon a large scale it would have bee» dangerous. I know of no asphaltum mine where blowers exist except at Hillsborongh, for the reason that the largest workings at Cuba, at the time of my visit were open to the atmosphere and lights were not used. Blowers might occur in a covered asphalium mine. The Albert mine is the only one with which I am familiar where the inflammable air proceeds from blowers in the mine. I think I see sufficient evidence to justify me in coming to the conclusion, that the rocks c&mposing the cliiT 119 urn. [The n found in I plants?" >a[ Htratu, ntly in the although a ne and the the cause f bituiiYiini* il and then solid bi- bert mines gs of those lous shales werH spei) ts vicinity, he vicinity numerous I know of not occur e. I gave lestion ap- )le for any le investi- earance of I myself 't less ijian' ! mine if I isit fearful t invited to I was in he others^ investigate itly. We t was said )r wedged Jrown an- one in Uy lis was on as he was e. Upon s a slight osion had' now of no h, for the visit were ers might the only proceeds to justify the clilF below E(lgitl\s, in Hillsborough, belong to the old red sand stone formation. I discovered ul tho foot of the clifl', substances of a ligneous structure, which had probuMy fallen from some bed in the group, and which aie no doubt of vegetable origin. The fossil plants discovered at tho cliff below lOdgitl's, are similar to those which are not nnfrequenlly found in considerable quantities in some part of the old red sand sione series. I come to the conclusion from the presence of the conglomerate, that the subordinate sand btones also existed beneath. This conglomerate presented itself at Robert M. Steves' clearing. I have seen noculamites or fossil plants in those sand stones. I consider the lepido dcndron characteristic of the coal measures ; but I have seen it also in old red sand stone ; but niney nine timts in one hundred in the coal measures ; for trace very dis- tinctly in the old red sand stone occasional lepido dendra, and various other coal plants, but very rarely it suflicient abundance to constitute a coal seam. I am not aware of the existence of any lepido dendra in the shales of the Albert mine, norof flag like leaves. If the lepido dendra and ihe flag like leaves had been discovered abundantly in the shale, I should have in all probability ascribed them to the usual coal vegetation, they being the usual coal plants, and characteristic of the coal formation. 1 have never seen asphallum in argillaceous shales, with the exception of the case in Albert. In the other cases that I have mentioned, the asphahum veins are accompanied by and tra- verse more solid rocks. Coal shales generally, are of various colors — gray, dark, blue and black — in proximity to the seams. As you recede ■from the principal depository of bilumenized vegetation, the shales commonly assumed a lighter color ; such as green, brown, gray, and their varieties. The same s['ecies of plants ;! : found in the sand stones, shales, clays, and even in the coal itsc f. Tl)e bituminous shales dipped conformably, or as nearly ; ve could determine, to the sand stones and conglomerates, and pas i i underneath them The dip of the sand stone ai Mariner Stoves' was lo the iu>r\h west, 40", strike north east and south west. At Mariner Stc's' that we were a couple of miles from the mine. Rising the Caledonia mountain, after leaving Baisely's farm, the same black, contorted, highly bituminous slate continues for one eighth of a mile. From beneath this black bituminous slate, rises a greenish m^ amor- phic rock or indurated slate, which had an east and west cobiseand a north dip, strictly conformable with the bituminous slate. We had just passed the dip varying from forty to fifty degrees towards the north. We then gradually descended to the summit of the Caledonia momi- tain, where similar metamorphic rock, but somewhat more i. zo prevailed Its course was north, 60* east ; its dip north, 30° west, at an angle from 50 to 54. We considered on inspection of the rock that it was the principal source of the rounded pebbles v/e had seen in the old red sand stone conglomerate at the cliffs, at Edgitt's. The reason why I did not consider that the bituminous contorted slate in Baisely's farm corresponded to those at the Hillsborough mine, was that those at the former were blacker in color, more charged with bitumen in their lamina, more contorted, more difficult of fracture, excessively tough and hard ; and in the slales which we investigated. •' we were told p the slope of I !(' m ■\'4 i 150 we perceived no fossil fishes. I do not consider it essential, that in the existing strata of coal fields the beds should be horizontal or nearly so. 1 am aware that coal often occurs in highly inclined, and even overturned strata ; and in such cases the shales are tortuous and fre- quently much broken. There are often in such disturbed and highly inclined strata detached masses of strata or shale, occurring at various angles, and designated by the miners as ' horses,' which for awhile interrupt the regularity and continuity of the coal seam. 1 saw such horses in ihe Albert mine, which I mainly ascribed to the ramifications of porti(jns of the main vein. I made a sketch of the principal one ; Dr. Kobb, Dr. Jackson, and m\ -'.If, consulted about that sketch. It is very likely I sketched it in Dr. llobb's memorandum book. I dis- covered that in some instances the veins ran parallel to the bordering strata. The thicker the veins, or in other words, the greater the depth of thfi tissue that contained the veins, the less probabili'y there would be of thick parallelism. I am not prepared to say that the inclined strata which abut against the vein, are or are not horses. If 1 saw a vein leaving the main vein, passing around and again rejoining the main vein, I should judge that the enclosed mass would be a horse. From the general confused appearance of the strata at the point called ihe jog, it is impossible to trace the direction or dip of that portion of the strata, which has not been made visible, from the appearance of the stratification of the rocks on the eastern side of the vein. 1 infer that the general dip is towards the conglomerate of the old red sand stone, and if continued in the same direction would pass under those conglomerates. 1 have seen shales in the same vicinity dipping in an opposite directi(;n to the north west stratification of the mine ; but I consider those a small and local departure from the general inclina- tion on that side o'' *he main vein. I have not examined the northern boundary of this range, or belt of bituminous shale, within which the vein occurs, sufficiently to enable me to determine whether it is a basin or not. I see nothing to lead me to the conclusion that it is a basin, but rather the reverse. 1 have examined the green indurated or me- tamorphic slates of Caledonia mountain, near Baisely's. Starting from necr the bridge over VVeldon's brook, or the Caledonia road, we con- tinued for seven and a half >niles along said road, which brought us to within twelve miles olEdgiu's and ten of the river at the head of Turtle creek, where the formations change. ^Ve then left the red and gray sand stone and conglomerate, which there finally cross out and extend upon a belt or range of black bituminous slate, not less than one eighth oi" a mile wide. The strata of this belt dipped lo the north, and ranged east and west. The dip to the north was 45". I cannot say whether the red and gray sand stone just mentioned, compose part of the range of strata which contains the deposit at Frederick's brook. From my investigation, I inferred that the range .1 IJdIsborough and the slates at Caledonia mountain were separated by the old red sand stone. I commenced the examination to the S( ilh of the mine. The bank of Frederick's brook was the limit of my investigation, in a northward and westward direction. I have examined Ihe red and gray sand stone to the east of the mine, as before stated. I have examined the co?l series at the Joggins, containing shells and plants usually belonging 151 !ntial, that in ntal or nearly ed, and even 40US and fre- ed and highly ingat various :h for a while J saw such ramifications rincipal one ; It sketch. It book. I dis- the bordering aierthe depth V there would t the inclined If 1 saw a rejoining the I be a horse, le point called hat portion of ippearance of vein. 1 infer 3 old red sand s under those ity dipping in the mine ; but eneral inclina- d the northern thin which tlie ler it is a basin It it is a busin, lurated or me- Starting from road, we con- ii brought us to head of Turtle i red and gray 3Ut and extend han one eighth th, and ranged ot say whether rtof the range >k. From my and the slates sand stone. I The bank of n a northward ;ray sand stone Tiined the co?l ally belonging to the coal measures. These remains were dissimilar to others observed in the clifls, near Edgitt^s. One coul field, such as that of South Wales, will pioduce fifty varieties of coal, from the bituminous to the non-bituminous, or anthracite variety. In fact there is an end- less variety. I h?yp navp.t known any coal that presented evidence of having been in a slate of original liquefaction ; nor have I any reason to believe it. Stratified rocks are never otherwise. Those slates which contain the substance under inquiry, come from below the old red sand stone, if all the reasoning I have heretofore given be correct ; but if the data prove incorrect, my inferences arc also wrong. Sedimentary rocks are always stratified. Red sand stone is always stratified. In coming to the conclusion that this substance is asphal- turn, I speak exclusively as a geologist. If the usuol plants and fishes of the coal scries wcrvO to be found in the shale of the Albert mine, it would not change my opinion as to the intrusive character and con- tents of this vein. If in addition to this, true fire clay, slates, and sand stones, were to be found in immediate contact with this vein, my opinion might receive some modification. The grindstones of She- diac are in close contiguity to or contain a few thin beds of coal which rest upon fire clay. I cannot slate whether any grindstone grits in this Province exist lower than ths coal formation." And the said Richard Cowling Taylor being re-examined by Chris- topher Milner, Esquire, on the port of the plaintiff, further deposeth and saith. " Dr. Gesner has invar ably preserved that propriety to- wards me, which left me at liberty to form my own conclusions from the facts I had to investigc.ls. The ccnduct of Dr. Gesner was such as to lead me to form my own opinions, and with that impression he did not accompany me to the mines or in any of my explorations in that part of the country. Asphallum is classed in the books on mine- ralogy, as a mineral combustible ; the other minerals consist of the earthy mineral, such as the earths containing any mineral substance that may be contained in them. Next the metalliferous : such as copper, lead, tin, silver, gold, &c. I am not prepared to give a de- finition of the term ' mineral,' further than in the classification already given, viz. : earth, metallic ores, and mineral combustibles. The common phraseology in Havanna and Cuba in addressing per- sons who spoke English, respecting the chappapote or asphaltum of Cuba, was to denominate it by the word 'coal,' for never having seen coal, and as it does noi exist in the Island, the inhabitants concluded that every black inflammable substance must necessarily be coal. In conversation, speaking of the substance as coal, the word ' coal' was inadvertently thus used in common with the terms chappapote or isphallum. I did not intend by my work lo convey the idea that the substance called chappapote was a coal or a variety of coal. The • horses' as they are termed, which occur in the Albert mine, are de- cidedly the result of the ramifications of the veins of the mineral substance passing from and returning to the main vein, thereby inclosing considerable masses of unprofitable material, whicn has to be worked out at considerable expense. The ' horse' in the working of coal seams, means a ma^s of disturbed material, which by its inter- position has for a period of greater or less extent interrupted the 152 I 5 general continuity of the seam. This also is of unprofitable materials, and in carrying on the gang-ways has to be removed at considerable expense. In the one cuse, that of asphultMm, the ' horse' has been occasioned by the varied direction of the ramifying veins, while in ihat of coul,it has been occasioned by a locally disturbed or fractured condition of the seam and iis accoriipunying strata. In Hillsborough, the 'horse' is of the kind peculitir to mineral veins. If this injected material of Albert, with all the attendant phenomena, were presented in the interior of a coal f(»rmotion or any other formation, it would not materially change the views that 1 have previously expressed. (Signed) " RICHARD C. TAYLOR." Sworn to and taken before nie, at Dorchester, County of VVc!TSFORD. ned, on the ne thousand esler, in the 'ick, in pur- jreorge Fre- me Court of Thomas S. s, in a cause n Abraham e part and iJonnecticuf, led, on the as follows : ' medicine, ogical sur- reon which 1 exploring es. I am visited the s since, in line at the JCt in visit- Jrest what- ten report >n mine in e. Since lursday of country, generally ntly argil- stances in IS contain bands and nodules of iron stono and lime slone ; they contain also seams of iron pyrites, and disseminated iron pyrites in points near to and more remote from the mine. 1 discovered beds of blue limestone and fine grained gray sand slone in the shales; near tlie mine I saw none of those last mentioned stones. I rnenn in immediate connexion with the mine. The shales contain fossil fislies, fishes teeth, and fishes scales, abundant in ihe neighbourhood of llie mine, and in an excava- tion made by Mr. Foulis at some distance in ihe line of direction of the mine. They contain at both these situations, rarer instances of distinct remains of fossil plants ; and I have also observed a (f.w instances of charcoal lignite in the same situation. The shale 1 have described is apparently overlaid on the east and south east towards the Petitcodiac, by a dark brown congh)merale. I did not ohserve there the exact junction of the rocks. The interval between the two where they appear on the surface, is covered with soil ; but the rocks on the surface are seen at no great distance from each other — both with nearly the same moderate dip easiwardiy, and the conglomerate on higher ground than the shale. In a ravine three quarters of a mile west of the mine, 1 observed the junction of the shale and conglome- rate. The shale there di|)s under the conglomerate distinctly. The conglomerate has the same character as at the other locality, east of the mine. From these facts I conclude that at the first locality, east of the mine, the shale underlies the conglomerate. In proceeding east to the Petitcodiac, the conglomerate is overlaid by a friable and decomposible red sand stone, including beds of gray sand stone or grit. From the examination I have made, 1 conclude that this red sand stdne includes the gypsum at the Whitehead, and on the Demoiselle river, near Wilson's. The gypsum at the Whitehead, is underlaid by a blue lime stone, resting on a dark brown conglomerate. That gypsum appears within half a mile of the Petitcodiac, north of William Cairns', the defendant's residence; and the limestone on the hill, immediately adjoining the main road that passes by the defendant's residence. This red sand stone is overlaid by light conglomerate, including beds of gray sand stone. This cor)glomerate extends to within a mile of the mine, and covers the tops of ihe hills to the banks of the Petitcodiac, below the coal wharf, that is, south of the wharf. The high bank or cape at the first point south of the wharf is com- posed of a series of beds correspondingto the order I have mentioned, in receding from the mine. The dip however has varied : in the ccnglo- raerate covering the shale it was nearly east, in the bank it is nearly S. S. E. In the Cape, I first observed at its north point, an underlying bed of dark brown conglomerate ; above thai, a thick bed of friable red sandstone, with an included thinner bed of gray sandstone ; the whole overlaid by a very thick bed of the light brown conglomerate. I have already described, wiih beds of gray sandstone. The southerly dip causes these rocks successively to sink to a lower level as you proceed south, so that the conglomerate occupies the south point of the cape. In the high bank riext south beyond the juncture of the two creeks with the Petitcodiac, I observed an overlying thick bed of the same conglomerate with gray sand stones, underlaid in its northern part by the friable red sand stone above described. That bank is 151 iioitli i)f nonneil's sl»i|)yar(l. Frotn iho aoullicrly (.lip of the rocks, ilu! c()iij;li)mL'riiic' (iccii|ik!s ilio sotiiliom |)url of the hunk. The con- ^lonK.'ruh! iind ils i^ray siuulsioufs in th:il hunk contain large and dis- tinct roniuinsof fossil phmts similar to ilioso found in connexion with \\Hi Alhion mine at Piclou, in the coal formation, and in other local' iii<;s in the acknowledged coal formation of Nova Scotia, in connexion with small hedsofcoal. Such plants are jointed calumites, and other reed like plants not distinctly jointed, accompanied with snnaller flag like leaves, common to the coal formation. Smallerspecimens of the two latter kinils, namely, the reed |i' thin layers of gray snnd stone included in that conglomerate ; the same smaller plants are found in the same ahundance in similar thin layers of the same gray sand stone included in the bed of gray sand stone, which I have described MS included in the red sand stone of Northern Cape. From these facts I conclude thai tiie whole series of beds in tlie two banks belong to the coal formation, and that this series of beds correspond to the series of rocks extending to the dark brown conglomerate overlying the shale. Most of the remains of plants in the shale accompanying the mine, correspond to the smaller plants observed in the thin gray shale above mentioned. From these facts I conclude that the shales of the mine belong to the coal formation. Generally, the next formation below the coal is the mountain lime stone, and beneath it the old red sand stone. I observed no rock underlying the shales of the mine in my examination. All the rocks I have observed in the neighborhood of the mine, overlie the shales connected with it. The first appear- ance on entering the mine at Duflys level is that of a highly inclined bed with parallel walls. The strata on the opposite sides of the mine, when first seen opposite each other, lying nearly conformable, with a large dip to the north west. As I proceeded in that level I observed numerous irregularities, but still the general appearance of a bed re- mained. The wall on the northwest side having with prevailing re- gularity a dip to the north west; the wall on the south east side shewing occasionally a south east dip, and again returning to the more regular north west dip, as if the irregularity had been caused by local disturbance. In descending into the lower levels of the mine, I ob- served that the main part of the mine extended quite regularly in a north east and south west direction. I made my particular examina- tions of that part of the mine at the lowest level, but took a general survey of the upper levels. The mine in descending from Duffys level widens very considerably in the middle portion of its length, but in the lowest level it again contracts considerably, the walls of the two opposite sides approaching each other ; that enlargement of the mine not appearing to be the resuU of rupture from beneath and an anticlinal upheaving of the rocks, but of a bulging in that part the mine, more particularly on the south east side. North of thai en- larged portion of the mine it contracts considerably in the direction of its length. The walls arc there nearly parallel, with comparatively little irregularities, and nearly vertical. The bed there contracts to two or three feet in width, ;ind continues in the direction of ihe main body of the mine included between ihe strata. That part of the bed 1 )0 •I'G rocks, TIk; con- J,'e und dis- riexion wiili oilier local- connexion ',nnd other mailer flng nens of the ike leaves, snnd stone e found in gray snnd ? described these facts 3 belong to 5 the series riying the allying the gray shale ales of the formation he old red le nriine in ghborhood St appear- y inclined the mine, able, with [ observed a bed re- ailing re- east side > the more d by local ine, I ob- arly in a examina- a general ffys level h, but in s of the nt of the > and an part the thai en- ^irectioi) iratively tracts to »e main the bed has not been excavated. At lli.it point occurs a remarkabh, fftuil or sliil'l in the bud, crossiii}> the .strata nl)li(p)y ibiii fault the substance o( tlie ht'd passes ilisi tliroiijili a miirow lissurc, which grndualjy widens and turti.s nearly into its Cornier north oust position between the strata. The bed continues in tliat direciion for some distance, and terniinotts nbrubtly by an oveinrchiiig of tho strata, forming a cul-de-sac nearly obliquely towards the south east, and again resuming its former north cast direction, with ii similar large north west dip, in which direction it has been traced forperhnpa twenty feel, with a width of two or throe feet in the o(;neral direction of the strata. Some obstructions ai present existing in the miiu; have prevented my examining the south west lerniination of the mine. On the walls of the main portion of the mine, where it appears to follow the general direction of the strata, there appear edges of apparently fractured strata presenting lliemselves on the walls of the mine, lo which the substance of the bed adheres. It appeared to me a remark- able circumstance, thai with a few small exceptions, all those edges pointed in tho same direction, towards the .south ; those on the north west, towards the south east ; and those on the south east, towards the south west. If these edges had been caused by rupture, the edges on the south east side would correspond to those on the north west side, that is, if the edgt^s on the south east presented south west ; those on the north west ought to present nortii east ; but I did not in any in- stance, observe any such correspondence. If the walls bad been pushed apart in a longitudinal direction, we might expect to find these correspondences at some distances from each other; but this distance ought to be in proportion to the extent of the fault in the mine ; but in tracing the opposite walls to a much greater distance, I could not observe any such correspondence. I observed that where the edges of the strata presented themselves to the mine, and the strata of course appeared to enter the walls, the strata next south west forming the walls of the mine, appeared to have been protruded against the out- turned strata which entered the walls of the mine. The ends of the strata thus protruded, were obviously bent in towards the mine. The out-turned were seen soon by an abrupt flexure to return again into the direction of the walls of the mine ; the whole appearing to indicate that the walls were broken across vertically, and that that part of the strata towards the north east was turned out towards the mine, and that part towards the south west was ^)rotruded against those on out- turned strata by a force acting from that direction. I observed protu- berances on the walls of the mine, which were formed by a mere curva- ture of the strata, as if the strata liad been bent or wrinkled by a similar force, which in some cases presented rrerely a fissure at the point of flame. The curvatures or undulations on the walls were sometimes small and irregular, asif the walls had been wrinkled by a protruding force, acting in a longitudinal direction. All those protuberances and edges of the strata when projecting are called " oncasls" by the miners. Some of them appear to be merely nodules of lime and iron stone, such as oc(!ur in the shales of other parts of the formation which lie across the strata or shales, as well as across the substance of the bed. ?n one instance I observed one of these oncasts to be composed of 156 tlio sliaU' filled wiili niimilc niul irregular veins of calcareous spar. This liiid lieon worked oiii in the wiills of the mine, and appeared to b(! a iiudiilf like the balls found in the congloinorale and snntJHioneon the hanks of the Petiicodiac, and called by the people of the place ' hulls eyes.' Nodules of iron stone are characteristic of true coal roinialions, and very perfect specinjens of them have been found in the shules and walls of the mine. Mands of iron sione are distinctive of Coal formations, aiid are found in the shales and walls of the mine, 'rhey are generally found in greater quantities in ihe floor than in the roof of remilar coal beds. 1 liave observed more of them on the south east side of the inore rei;;ular part of the bed than on the opposde, and from the prevailing north west dip of the bed, the south east side might be considered its floor. I have observed in many instances between the substance of the min(; and the thicker shales of the walls, a thin stratum of soft shale breaking in small highly glazed fragments, generally decomposed into a state of soft clay. The whole wall seemed to me to be lined with a fine smooth glazing extending over even the edges of the nut-turned strata, and obviously a modification of clay. The facts which I have just stated, namely, the wrinkled and contorted state of the walls, the thin stratum of soft clayey shale and the glazing of the walls, appeared to me to indicate that the bed as- sumed its present form in a soft aqueous condition, and was not formed by a rupture of indurated rocks and an injection of effused matter. 1 observed throughout nearly the whole extent of the formation of the shale, the same irregularities and contortions which I observed in the mine, frequent changes in the direction and dip of the strata, and in several instances where those changes in the dip occurred very great contortions in the strata. 1 have stated that at the north east end of the mine there was a great overarching of the strata, which again turned up into the more regular direction and dip of the mine. In the water level, which is driven fornearlv 100 feet in the north west side of the mine towards that part of the mine where this irregularity occurs, there is a similar overarching extending nearly east in the direction of the level, and forming a regular vault to the level. Near- the end of the level the strata turns up in a north east direction with a north west dip, corresponding to the arrangement at the east extremity of the mine, which would seem to indicate that that irregularity in the mine extended thus far in the shale. In one instance I observed in the bed of Frederick's brook, a band of thick even shale crossing the bed of the brook, and intersecting nearly at right angles a band of thin undulating shale, in a manner similar to the passage of the substance of the mine, across the strata at the vault. I have observed similar appearances in bands of lime stone crossing the shale. These facts seem to indicate that the irregularities of the mine find their parallel in the irregularities of the shale, and that the whole formation was subjected to a common disturbance. The facts which I observed, particularly in the oncasts of the mine, indicating a protruding force in a longitudinal direction from the south west, and the overarching from the west in the north east extremity of the mine, and in the water level, connected with the change in the dip of the strata east of the mine, from east to S. S. E., appeared to 157 reous spar, ppearcd to iiidHiotieoii tlie pinco r true con I M found in > indicate bale. In band of ig nearly limilar to he vault, crossing es of the that the 'he facts eating a est, and !e mine, 3 of the a red to indicntc that the ilistuiMng furco acted from the south west, nccom- |)(inied with u contortion to the east, and not hy un anticlinal rupture iVofU henoalh. My conclusion is that it is a bed of deposit, nnd not an injocliHJ mass ; that tlu^ irregularities (jI' the \hh\ arc caused hy tho change from iIk,- original horizontal position of tlic tlt!|)osit, to a nearly vertical onn, accompanied hy the disturbing forces just mentioned ; that these disturbances took place when tho shales were in the soft n(|U(;ous condition, like bods of clay ; and that in this manner tho peculiar a|)pearanco of tho walls of the mine can only be accounted i'or. The substance; of this mine is similar in its external character to cannel , oal and jet, which form u class of highly bituminous coals, in which the original structure, foimd incornmon bituminous coals, is n(?arly or quite obliterateil, and wbijh have been considered by somo eminent geologists to have been originally in a fluid or semi-fluid state ; unil wliich like all fused or liquid substances in cooling or hardening, are divided by pointed seams or planes ofcleavage, conformable to the mcluding walls. Where the walls are perpendicular, such a bed would be crossed by two sets of planes — one horizontal, the other ver- tical ; and by a third set vertical and parallel to the walls ; thus divi- ding the substance into regular solids. Where the walls are iriclincd or irregular, these cleavages would be correfspondingly inclined and irregular. In a large bed the cctitral portion of iIk; inass would be divided into larger regular or irregular solids, according to the position of the bed. 'l"hc lateral portions of the bed adjoining the walls would bo divided into smaller solids, of u similar characler. In a small bed or vein, the whole mass would be divided into such small solids throughout. These facts are observed in trap dykes, uhich are gene- rally considered to have been originally ellused matter : and I observed the same fads to prevail in every part ol the tniiio I examined. In the central portion of the main part of the mine, where the walls have tho most regularity and are most nearly vertical, the surfaces of the solids in the centre of llio bed appear to be nearly horizontal, crossed by the planes of cleavage, vvhicli are also called divisional planes, nearly vertical. One rnighl eoneiurJe from this alone, that this was the general arrangement of the divisional planes ; that as the walls frequen.ly deviate from the perpendicular, that the divisional planes were unconformable to them ; but after ;i particular examination, I can state that the divisional plantrs always conform to the position of the walls, inclined or irregular, w hen they arc so. These divisional planes have no relation to the original structure of the substance, but arc only the clTect of hardening. I have observed in the central part of the bed, where the planes are most regular and horizontal, when observed in a strong light, (Icllcale lines traversing the substance in the longitudinal direotioti of the bed, perhaps indicating the original lamination of the substance parallid to ilio walls, a.s itr common coal beds. 1 have applied the tests of heat and combustion, which are go nerally considered as distinguishing coal and asphalumi. 1 have sub- jected to those tests t!ic two most distinct varieties of the mine. 77,v// breaking.in large fragments, and i/ud divided into laminations and small fragments, called structural coal at the mine. Applied to thn flame of a candle they do not melt, but cruel: and frakc oit' like coal. V 158 I have np|)!it'tl specimens of K^'ypliaii nntl Triiiiiloil nsplinltum to tlio flame of u candle : they icuihly iiiell unil ilrup. I pluecd spccimoiiH of the two vnriolic's of the mine above mcntioncMl on red hot iron : tlioy burn with ii full name, but swell and jcl out like the more bitu- minous coals, and leave n t)>ilky coke or cinders. 1 have applied ilio specimens of tlio asphaltum above mentioned to red hot iron : they burn with (hun(^ rather fuller than that of the substance of the mine — molt and run, and leave behind u flat button, chiefly compoHed of parthy impurities. Applied to an iron heated just below ignition, the nsphaltums melt and run like vvax — the varieties of the nftino separate into flakes, and slightly soften like the more bituminous coals. 1 con* elude that the subsumce in (|uestion belongs to the coal formation, and is itself a modification of coal and not an asphaltum. 1 have observed in peat bogs, lyinjr under the body of peat on the earthy bottom, in several instances, in Connecticut, a thin stratum of a substance, Imving the external characters of thu substance in question highly bituminous, and burning in n manner similar to it. It is stated that a similar sub- stance is found under the same circumstances in the peal bogs of Ire- land." [The following six questions are hero put to the witness, and object- ed to by Mr. Milner : " Do you know l)r. Jackson of Boston, in the United Stales ? What is his profession, and standing in it ? Answer. 1 know him but slightly personally, but 1 know him well by reputation : hn is considered one of the most distinguished geologists and chemists in the United States : he has been employed in surveying, as a geolo- gist, the Slates of Maine, New Hampshire, and Khode Island, and Ins been " President of the American Scientiflc Association," whicb includes the most eminent men of science in the United States. Do you know Dr. Ure of London ? What is his profession and standing in it ? Answer. I know Dr. Ure only by reputation : he is univer- sally known tiiroughout the scientific world as an eminent chemist."] " The odour of this substance when tested as above, is difl^erenl from that of \sphaltum : it has the common odour of bituminous coal. Coal is a mineral, and is so described in all books of mineralogy. Asphaltum and gypsum are also minerals, and so described. Pure gypsu;n is a chemical as well as a mineral species." Cros-;-exarnined by Christopher Milner, Esquire, on the part of the plaintiff. " I have visited the Albion mine in Nova Scotia. I om personally ac([uainied with no others. I was at that mine one day. I\Iy knowledge of c^al mines is from general reading, not from per- sonal knowledge. My geological surveys in the United States were not in connexion with coal fields, but the secondary formation in Con- necticut has been considered a coal formation, and searches have there been made for coal. 1 have explored that formation minutely, and the localities where those searches have been made. I have not visited places where asphaltum is found, and unless the deposit in Hillsborough is asphaltum, I have never seen asphaltum in the earth. My opinions of asphaltum are founded on reading. I have formed none of my own except from reading, nor have 1 otherwise formed my opinion of coal except from recent investigations. What is your opinion of the origin and geology of asphaltum ? I decline to answer 15!) >ltiim lo tin- spc;cim<'rin J liot iron ; nioro bidj. ppplind ilio iron : tliey '^le minc-^ ompo80(J of gnitionjlie no separate «ls. I con- iDQtion, and vo observed bottom, in nee, having ^ituminous, similar sul,. bogs of Iro. nnd object- ston, in tlie Answer. reputation : id chemists as a geolo- ficl,and !;n3 3n," whici, >tates. Do id standing I is univer- chemisi."] Perent from nous coal, lineralogy. )ed. Pure part of the 'Q. I am • one day. from per. tates were on in Con. ches have minutely, have not deposit in the earth. ve formed !e formed at is your to answer the question. Coul is a deposit connected with sedimentary forma* tionii, with organic, animal, and veg<;ttil)iu riMnuins. My opinion id that it is chiefly formed from vegetable remains, (/oal has never tu my personal knowledge been found in u lliiid or Ren)i-nuid state. Coal fluids when they liu regularly and have not been disturbed, lie parallel to the bordering strata, i havi; observed only the Albion mine and the mine in question. Tlio Albion mine is an undisturbed coul mino 80 far as I have cxumined it. Tlu! walls and the seams are even and conformable. [ have stated already that in the Albert mine the seams of tho coal correspond to tin? surrounding strata. 1 know of no case where coul is an original ir,;acted mass. It is a sedimentary deposit in its undisturbed state. I know of no case where coal after being disturbed becomes an injected mass. Coal seams when regular are of uniform thickness to a largo extent, but there arc nimierous in- stances where they are irregular, varying in thickness in somo instances from the irregularity of the surfaces on which they are de- |)osited. I have never known from personal observation of a coal seam expanding from one to fourteen feel in thickness, at a depth of fifty feet. Coal seams do not usually stand perpendicular in the earth, but in tho anthracite coal fields of Pennsylvania many of them aru nearly vertical. The beds of the anthracite coal fields of Pennsyl- vania are generally highly inclined, 'f ' ?re are instances of the walls of coal fields diverging from eacii other, leaving the coal like a wedge in the earth. Does the course or strike of a coal field usually vary much in the course of three or four hundred yards ? It may vary in that distance in a very disturbed coal field. Are not the divisional planes or lines of cleavage of coal always parallel or nearly so to tho bordering strata ? Yes. Arc not the divisional planes of bituminous coal marked by thin layers of mineral carbon which give smut when rubbed > So far as I have observed from specimens, it does not occur In cannel coal and jet, but in ordinary coals it does. What do the rocks containing coal seams usually yield by dry distillation ? I have made no experiments upon them, and therefore decline answering the question. Will coal shales usually burn or answer for fuel ? I have made no experiments upon then, and therefore decline answer- ing the question. Do not beds both above and below coal fields usually abound in stigmaria and numerous other fossil plants ? Usually in the coal fields of the coal formation so called. Does not every coal field have its stigmaria bed ? I have observed stigmaria at Pictou. I decline answering the question generally. Are not fossil vegetables very abundant in the vicinity of coal seams, and touching the coal ? I decline answering tho question. Does not coal itself contain fossil plants and leaves of plants ? Not every variety of coal. Canne! coal, jet, and anthracite, contain no distinct fossil plants and leaves. There are some kinds of coal in which the vegetable structure cannot be discovered by the nftked eye. If they cannot be detected by tho naked eye, can they by the microscope ? I decline answering tho question. I will not undertake to swear but that the vegetable texture? may be detected either by the eye or iuicrosoo|)e in all sorts of coal. Is not the smut or mineral carbon in cnal derived from the carbonized vegetable matter in the coal ? I decline answering the question. Is 160 not llic bed of a coal seam usii'illy dillbrent in its liiholog'cnl churaclcr IVom the roof? 1 decline answerii)f> the ([uesiion ', and there 111 inc. Can ing witness ' to answer sotMe slight ny opinion i' the mine, tlo you be- 1 are now e question, Jentical in 3neral ex- on beinjr nilar to ii\ give your substance m bitumi- iiardness, ical ques- i ? That ho differ- question, ihaitum ? or. As- :quainied Bitunii- in oil l)y favo you vcrc J) re- sented to you that did dissolve in oil by lhonp|)licaii()n of heat, would you consider it coal or usphaltum? Being a chemical (pK.'stion, I declinij ansv/ering it. Have you not already given an ojtiiiiori thai the sub- stance of the Albert mine is coal, from chemical tests applied by you ? I gave an opinion from tests already stated in my evidence, and from no other. If you had applied the additional test of dissolving the spe- cimens you tried in 6il by the application of heat, and succeeded in dissolving them, would your opinion be the same as at present ? I decline answering that, as a chemical question. If you were to see liioso specimens now before you melted in oil, what would you con- sider them to be .^ I decline answering that, as a chemical ({uestion. Do you peremptorily refuse to answer to which, coal or asphaltum, you would consider them to belong if dissolved in oil ? J perem|)tordy refuse to answer a chemical question. Is whether a substance is coal or asphaltum a geological or a chemical question ? h may be a chemical question. Are you prepared to decide whether the substances presente(J toyou here are coal or asphaltum ? I decline answering except so far as I have already answered. You having already answered to the ques- tion before the last that the question may he a chemical one, how can you undertake to say that the substance in the Albert mine is coal ? I do not undertake to say it is coal from chemical characters, further than I have stated. Then your opinion of ihai substance being coal, is formed from its chemical characters ? In the last answer I stated that [ did not undertake to decide from its chemical characters, fur- ther than I have stated. Then as far as you have stated, your ojiinion is formed on its chemical characters? Not from those alone. Jf not from those alone, from what else was your opinion formed ? From the geological appearance of the mine and adjoining country. Did you not yesterday stale that you had no personal knowledge of any coal mine whatever, except at the Albion mine at Pictou ? I have no knowledge of any other mines from personal examination. Your per- sonal knowledge then of coal mines is confined solely to your visit of one day to the Albion mine ? Yes, from personal examination. Does the mine at Hillsborough agree in its geological character with the Albion mine? It does not precisely — the Albion mine is a regidar coal bed — the other disturbed. State the points in which they coincide in character and position ? They both belong to the proper coal for- mation, and both lie in beds between walls. State the points of differ- ence between the two? The \v'alls of^ the Albion mine are quite re- gularly parallel'; in Hillsborough the parallelism is disturbed. I observed no fault in the Albion mine ; there is a fault in the Hillsbo- rough mine. In the Albion mine the walls generally run parallel, or nearly so. In Hillsborough 1 observed them occasio'ially parallel, or nearly so ; the parallelism is disturbed in other places. In Pictou I did not observe coal crossinji the strata. I observed it as the fault in Hillsborough, apparently crossing the straia. I did not observe small veins or seams crossing the strata in the Albion mine. In the Hills- borough mine I observed small veins of coal traversing the shales, not at all angles, but in directions apparently corresponding with the arrangement I have described in my evidence. I have seen small scums of the substance of the Hillsborough ininc traversing the adjoin- 162 iii;^ sliulc;', in ilic tnnnnor 1 have slated iu my lust answer. Have you sien ill any of the a(li(jiiiirilt>»H;rales and shales would beloiii' to the lower members of the coal form il'oti ? Vns, Do you luiow then of any case where the lower inend)er of the coal formation in these Provinces is produc- tive of coul ? I know from personal observation of no mine that is worked in the lower member. Did you observe any, and what num. her of fossil plains in the rocks accompanying the Albert mine ; if so, state their nun)l)er, names, and where you discovered them? I diJ not observe ni'iny ; but I observed distinct remains of fossil plants, which resemblcii remains of fossil plants fourid in connexion with cahimites in the baidc of the Petitcodiac ; but I have not undertaken thespeciiic determination of the names of the fossil plants. Was you.' attention particularly directed towards the discovery of those fossil plants ? 1 did not make it the special object of my examination ; l)iil it was one among others of the objects of that examination. I examined the shales in different points with reference to fossils and collected such as 1 found. Did youyourself discover any fossil plants in the interior of the mine, and particularly how many which had not been disturbed except by yourself.'' 1 did not look for them in the interior of the mine, but I observed them in shales said to have been thrown out of il, and which exactly resembled the shales observed in the interior of the mite. I observed them in fresh fractures which 1 made myself. You do not pretend to swear that those shales were actually thrown out of the mine.' J do not. They v/ere lying in a heap by the mine. I observed fossil plants in the rock, in the bed of one of the small streams near the mine, which rock had been undis- turbed. To what class of rocks does the gypsum of Hillsborough belong .'' The gypsum of Nova Scotia and New Brunswick has been considered as belongini: to the coal formation. Ts it not the opinion of geologists — viz., of Sir Charles Lyell and other eminent geologists, iliat the sand stones and conglomerates which underlie the Cumberland coal fields belong to the old red sand stone formation ? I am not aware of that. Do productive coal measures ever occur in the old red sand stone formation? Not to my per- sonal knowledge. Are not those shales at Hillsborough very dissi- milar in their lithological characters and fossils to those of the coal measures of Albion mine ? They are in some respects dissimilar^ but I am not prepared to pronounce upon the degree of dissimilarity. Have you seen any of the petroleum of Hillsborough ? I have not. Have you seen any other coal deposits in Hillsborough besides the one worked by William Cairns ? I have seen at one locality west of th-j mine, a thin shale with inter-stratified coal, resem- bling the thin seams of ordinary coal beds. How wide were the seams ? They were very thin. In what direction did they run. They were perfectly inter-stratified as in regular coal. When you first visited tlie mine, did you explore the whole of it ? I decline answer- ing this question. Did you inspect the 7th level on the south west end of the mine on your second visit? I have already said that the mine was so obstrivcted at or near the pit, that I could not visit the south west part of the mine. Did you visit or inspect the level or gal- 165 dur of ilieir the Millsbo- er members case where es is p rod Lie- mine that is d what num. mine ; if so, lem? i diJ fossil plants, inexion with underlakv^n Was yoij(' r ihose fossil (xamination ; examination. to fossils and / fossil plants hich had not them in the to have been 3 observed in urps which 1 shales were e lying in a [in the bed of 1 been undis- Hilisborough I'ick has been : the opinion ;nt geologists, ; Cumberland rmalion ? I fasures ever to my per- 'h very dissi- of the coal ts dissimilar, dissimilarity. J have not. 3Ugh besides one locality coal, resem- ' wide were did they run. 'hen you first 3line answcr- 16 south west said that the 1 not visit the e level or gal- lery No. 8, on the north east end of the mine ? 1 did. To what part of the mine was your examination directed ? To that part extending from the obstructions near the pit to the north east extremity of the mine. For any thing you know to the south west of that obstruction, the strata might form an angle in the manner of an anticlinal axis > I do not know anything from personal observation beyond those obstructions to the south west ; but if they did form angles in that manner, it would in my opinion be contrary to the arrangement I observed in the rest of the mine. Did you discover within the mine any of those fossil plants which usually accompany coal seams? The fossil plants which 1 did discover were not observed within the mine, but in the shales connected with the mine, in what way con- nected with the mine .'' Near, or in the immediate vicinity of the mine, as before explained. What do you mean by the substance of the walls of the mine having been in a soft aqueous condition ? I mean that they were soft and imbued with water, like beds of wet clay when they assume their present condition. Did you not mean to state that the contents of the seams had been once in a soft aqueous con- dition ? I did not apply that expression to the coal, but to the walls. What expression was it that you did apply to the contents of the bed as having been once in a softer state than at present? I observed that it resembled cannel coal and jot, which have been supposed by some eminent geologists to have been jriginally in a fluid or semi-fluid state. Did you not mean to infer from that, that this deposit had once been in a fluid or semi-fluid state ? I mijvht infer from it that it might have been in that state. Was not that the inference you wished to bo drawn in relation to the cause of the present arrangement of the divi- sional planes of the substance of the bed ? Yes, that '.vas the infer- ence. Then your opinion is that that substance has been once in a fluid or semi-fluid state? At least in a soft or semi-fluid state. If that substance had once been in a soft or semi-fluid state^ might it not while in that state have been injected into the shales in which it is now found by a force acting longitudinally or otherwise, from some other locality or bed ? Judging from the present appearance cf the bed, I should think not ; but it might have been injected into the fissures formed by such disturbance, and now occupied by the substance of the bed, but not into the whole bed from some other point. What are those appearances from which you judge that the whole mass has not been injected ? The appearances particularly which 1 have detailed in my evidence as observed by me in the main portion of the bfed. What are those particular appearances ; please state them particularly? That part of my evidence which relates to the appearance of the walls of the main portion of the bed, if referred to, will answer the question. 1 wish you to restate them ? The appearance of a prevailing direc- tion in the main portion of the bed from north east to south west ; of a prevailing dip to the north west ; the frequt .it conformable arrange- ment of the two walls ; where the bed is enlayed the appearance of bulging and not of rupture, and the particular arrangement in the oni- turned strata or " oncast," so called. Might not all those appearancrs be presented in a case where the mass was injected by a force sufl'i- cient to turn the horizontal strata of the shales to their present highly w 166 m inclined position ? I should think not without the previous presence of the substance of the bed. In what way could the bed form the bulge of which you speak ? It could have been formed by an obstruction before in the longitudinal direction of the mine, and a protruding force in the same direction from behind, in the case of a bed already filled with the substance occupying it. Might not the substance occupying the bed have been injected simultaneously with, or prior to this distur- bance of the shales, and thus cause this appearance ? 1 do not think it could have been injected simultaneously ; nor do I think that the appearances I have stated could prove any prior injection. In a case where a substance does not present the mechanical sedimentary de- posit in that place, I could not say that injection was impossible. Not having seen stigmaria or other coal plants in the interior of the mine, and the substance itself not presenting any vegetable remains, from what do you conclude the substance is formed ? I have not formed any opinion as to the precise matter of which it was formed. Does jet belong to the true coal formation of geologis's ? Jet is considered a coal. I am not prepared to state w.. ether it belongs to the same formation as that of the Albion mine, which is admitted to be of the true coal formation. Is not jci a species of the lignite so known or called ? I am not prepared to answer the question. Do not lignites or brown coal belong to the tertiary series, and of more recent forma- tion than the group of strata, known by the general name of the coal formation .? They belong to recent formations later than the coal formation. From the geological position of this bed can it be jet ? I decline answering the question. In your opinion is it jet ? I decline answering the question. Do you peremptorily decline to express an opinion as to whether it is jet or not ? 1 decline giving an opinion. Are you acquainted with the old red sand stone group of rocks .' Not from personal examination. Are not clay iron stone balls frequently found in the old red sand stone group r I have not nersonally exa- mined that group. Did you ever see coal melted, and in the form of a paste ? I did not. Have you ever seen or heard of coals being dis- solved and made into a varnish ? I have never seen it, and I decline answering further, as it is a chemical question. Did you ever see coal made into printer's ink ? I decline answering that question for the same reason. If you saw the Hillsborough deposit in the form of prin^ ter's ink or varnish, would you consider it coal or not ? 1 decline to answer, being a chemical question. You have stated in your evidence that you tested the Hillsborough material by heat, and by comparison with two specimens of asphalium ; if the Hillsborough material had melted as quickly as the asphaltum, and produced the same results, would you not have called it asphaltum also .? 1 decline answering such a question as that. Do you peremptorily decline to answer it ? 1 decline answermg it. Re-examined by Bliss Botsford, Esquire, on ihe part of the de- fendant. What did you mean in your examination in chief by your expres- sion " a modification in coal ?" [Mr. Milner objects to the question as improper to be put.] I mean a variety of coal. You were asked about visiting the 7lh level, and you answered that the mine was 16 « presence of rtn the bulge obstruction truding force ilready fJled e occupying o this distur- do not think link that the )• In a case meniary de- ssible. Not of the mine, mains, from not formed •med. Does is considered to the same to be of the so known or not lignites Hcent forma- 3 of the coal han the coal in it be jet ? ? I decline 3 express an an opinion, ocks ? Not Is frequently 'sonally exa- he form of a Is being dis- ind I decline jver see coal ition for the brmof prin* 1 decline to >ur evidence comparison laierial had ime results, 3 answering answer it ? ; of the de- obstructed ; how was it obstructed ? What I observed was a fall in from Duffys slope ; I observed no further obstructions. Will yon give your reasons for d!.»;lining to answer the following question usked you on your cross-examination ? " When you first visited the mino did you explore the whole of it ?" (Mr. Milrier objecis to ilie question as improper to bo put.] From personal considerations connected with that visit. When to several qnestions put to you on the cross- examination, you answered "I decline to answer," do you mean to convry the ideu that you have personal knowledge of the subjecls asked, and chose to withhold the information ? [Mr. Milner objects to the question as being improper to be put.] I do not mean to con- vey that idea. Do you know of any coal being found in the granite i* In parts of the Kichmond coal field ihe coal lies directly on granite. You have been asked if you know whether coal seams generally pre- serve a uniform thickness. Do you know of any coal beds which are thicker in some parts than in others, and which thin and run out? Not from my own knowledge, but such beds are described. [Mr. Milner objects to the relevancy of the answer, except in so far as the witnesses knowledge is derived from personal observations.] (Signed) JAMRS G.\TRS rERCiVAL. our expres- he question were asked 3 mine was