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    W§t €xttitt& ;Pfo&ement _

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    THE THOBKLEY CASE—MOST EXTRAORDINARY PROCEEDINGS . The fellowinj } evidence was given after the close of Mr-Roberts' speech : -we bad not space for is in our Impresssion of last week * but this we do not regret as oar readers -win now have tbe 'whole case for the defence before them . We have £ wn compelled te curtail the evidence of some of the witnesses , hnt all important facto are given . The first witness called by Mi . Roberts -was John GookBon—IamasetTantBA Tbomley Colliery . I dont think that a man could get a living there if the bond was to 1 » carried out in its strictness . If a quart of coals in a tub if to be fined Jam rare a mas cannot getalivixg . I will go to gaol before I will go again to work under the bond . Cross-examined by Mt Marahall—I cannot tell how much I was fined the last fortinghi I -was paid . The bond bad not then bean put into operation . I was fined about a shilling th 9 last fortnight

    Jdanhew Dawson—I work at Thornley Colliery . Have worked there twoyears come April It is net so easy to obtain a living there now as it wasrhree months ago , because the bond has never been put in force tiii new . If the bond is pub in force in the fire-quarter seam it is impossible ior a man to get a living . I was a check-against the ^ two men employed « by the owners , for the men . There was a good lew layings-ont They could have laid out a great deal more than they did . I recollect 22 s- bmng laid ox&for < me « a » Be-examined —All the tabs contained foul coal , bat all were not fined . II all-hid been laid oat that might have been , they would have to slop the pit Thomas Dermot Mor&n—I work at Thomley Colliery . The quantity of coal laid out has lately been more than before—since the bond was acted on . I cannot earn a living if the bond is carried ont I am not a bound man ; but I would rather go to gaol * h" » work under the bond . -

    Gross-examined—Two of us have had twenty-sis quarts laid out is three days . Did not keep any account , of the fines during the previous twenty ¦ wests . Will Dot swear I was fined to the extent "Of 20 s . or 10 a . I think I woold be fined Ss . I believe I was fined £ 1 7 s . the last fortnight I was paid . Re-examined—The bond bad not then been enforced . The fine for the twenty-six quarts was 6 s . 4 d . ' There ¦ were two of txb for that . John Jamea Bird—I have worked at Thornley Colliery a year and seven months . The bond has been acted on more stringently during the last fortnight I doubt very much that an average man could make a living undtr the bond . The steelyard iaa been a gsnaal subject of complaint for . the last ten months . I would prefer the prison to working under the present bond . Cross-examined—I am cot a regular pitman . The keeping off of a half-crown was-not the cause of the TTiffn striking .

    Win . Weazxnouth , another pitman at Thornley—There lias been a great deal laid ont lately more than before . The bond had been enforced before this—a good few half-crowns . It had not been enforced before for the quart of stones . Jfenforcsd an honest man could not obtain a living . The men thought the steelyard was unjust I sever knew a weighing machine in favour of the men . It was understood by the men on the 20 th , that the weighing machine was to be pat ap directly . I have been in gaol before , and- I would rather stop there for ever than'work -under this bond . Cross-examined—I requested Mr . Heccles to have the machine adjusted a month or two ago , at his own house . Then were a good many more with me . The

    request was to adjust the machine that was then , bnt it iBafresh onemnr . All the men wanted was a just onej Two men were ' appointed to go and see the weighing machine adjusted . George Naisbett—I worked at the colliery formerly —three-quarters of a year before . I heard complaints about the weighing machine . Sams men sent to Mr . Heccles on the 13 th of November . The bond was not enforced the previous part of the year . J don't think ii possible for average men to send up tubs without one quart ef stone . It is the feeling of the men generally that they had better go to gaol than work for nothing . I know of men being brought in debt to the owners . They were honest men , and averageworken . This closed the evidence of the first day .

    Friday , Bee . the 8 th , commenced with a scene which the local papers assert x < beggared all description . " The justice that is administered at Durham is indeed of a most extraordinary description—and yet perhaps other " justices , justice" would be found equally strange , 11 contested by men who , as in the present instance , gloried in exposing it—in " lashing" their " worships " till the rogues squeaked in agony . On Priday , the Court met at ten e ' clock , and Mr . Roberts called a witness , who was about to be sworn , ¦ when , — The Chairman inquired whether anything had arisen from the consultation over-night between the parties .

    Mr . Roberts replied that many of the points hi disrate bad beea arreed between the partial , bat the owners still stuck out on some , and nothing satisfactory bad been agreed to—ilond shouts from the pitmen , and"general confusion throughout the Court -which continued for some time ) . Comparative order having been restored , the Chairman appealed to Mr . J . £ . Marshall , who said the Thornley Coal-Company had had a meeting , and he would state the result which they had come to at that meeting . Mr . M . was about to read over the resolutions of the Company when another scene of disorder ensued . ilr . Roberts proposed to submit the matter to reference . jfcr . Marshall—To whom would yon refer it ? ilr . Roberts ( with great vehemence )—Not to a coal - owner , or the relation by marriage or any other way of a coal-owner—not to a viewer—sot even to Mr , Heccles—( loud cheers aad groans from the pitmen } .

    Mz . Marshall—Boyou mean , then , two hewers er colliery workmen ?—{ groans and nproar ) . Mx . Roberts—It seems the colliers are to be thankful that you send men to prison for what you admit to be matters of doubt—( great cheering and uproar from the yitmefl } . I will name Mr . Mather , of South Shields , as one of the referees . I believe him to be a friend to the men , a friend to the masters , and the friend of justice—( hear , hear ) . I say it is a rascally thing to have those men here—( great cheering from the pitmen ) . The Chairman—I must request most earnestly—I must insist that this sort of impropriety shall-not be used . I have cheeked it on both sides , and it is impossible to allow it consistently with the due administration of jus » tice aad the dignity of the Bench—( uproar ) . Mr . R&berts , with great energy , —I repeat , the men have been unjustly used . ( Cheers . ) The Chairman rnf ^ p some observation -which was lost in the uproar .

    Mr . Roberts , with increased vehemence , —I repeat it ( Great cheering and uproar . ) Dr . Fehwick . —I say it is a base and insolent misstatemeat . ( Uproar ) Mr . Rsberts , to Dr . Penwick , —I cannot hear you . SA laugh . ) Dr . Fenwick . —No ! yon are very conveniently deaf . ( Uproar which continued some time ) Mr . Elliot—These remarks can only be ¦»«*<*» with a -new to widen the treach ^ rhich exists between the men and the masters ; they cannot be made for the good of the men . ; ^ Mr . Roberts . —The men ^ liave been made mad by what the Bench said last night tLond cheers , and agitation /) Thej cannot -be excited more . ( Renewed cheers . )

    The Chairman . —All the improper and insulting language used on your part trill have no iifluence with the magistrates , who are prepared to extend the principles of equity and justice to the workmen . { Tnmnlt ) Mr . ROBERTS , Bddressiiig the chairman fiercely , — ' * You know you are unfit to ocenpy that seat : your conduct is most partial and disgraceful Before my tase was closed you delared from that Beneh" -on -which you confer no honour , &at Ihe men were guilty ! Is that the spirit—Thundering groans from the gallery mixed with contemptuous yells as the Bench prevented the conclusion of Mr . R- " s sentence being heard . The Chairman— -It was net so stated : it was not stated from the Bench that the men were guilty . Mr . Roberts—Pause , ere yon add the guilt of -falsehood . The hundreds in the gallery heard the accursed

    * The Chairman—It -was not stated from the Bench that the men were guilty , Mr . Roberte . —You did state so . —( Tremendous uproar . ) The Chairman , with great beat , and stampingjwitb his feet ^ -lt was notw stated—it was stated that there was matter ior consideration . Mi . Roberts , also stamping—Aye , I can stamp toothere ' s but little argument in that—lLosd cheers and laughter ) . After seme more altercation ihe chairman sat down —put up his becks and coaxed them . Then another " Justice" took Bp the cudgels ; the great game of the " - ! " * r ** * ° make tbe men helieve that they { " the Jnrticer ') would be more mertaful if that Mr . Roberts would but be quiet , and "let them do it comfortably . " Mr . Elliot—I trust that the men here have sense enough te see that their advocate is not attempting to serve lhe » interests , hot solely to widen the breach trhkhunfortunately exists between them and their

    masters . Mx . Robertsjehemently , pointing to the three prisoners , —That u the breach—those three men ( hidesenkablB tumilt , amidst which Harewood started up and bawled ont at the full pitch < f his voice , ** 111 go to gaolto one , - —( great cheering aad renewed uproar followed Oils sally ) . r :. Mr . HBot-Tormy part I am determined todomy outy wmiBchnigly , whatever may be said either on one aide or the other—( uproar . ) The Chairman , recovering himself and polntingto Mr . Boberts—The magistrates have no wish to act on other principles than those of . impartial jastice , and it is impossible that the Court can submit to such gro « 8 iiiBOleneefrom " theman vho stis there " - ' ( groans ) .

    Mr . Roberts—I am instructed that in the trial of these three men , the ordinary forms of every court in the kingdom ha ye been fiolated . Pot my own part I do not care a farthing for th& mere technical objection ; but I am told that these three mwi wtra each charged with

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    a separate offence , and I again say that the custom of every county has been violated in trying these three men together —( loud cheers from the pitmen ) . I again , continued Mr . R ., offer to refer this matter to arbitration—to refer the question whether the bond is a fair one —( hear , hear , heai ) . I have endeavoured as much as possible to reconcile tbe men and the masters . There- are a dczen Collieries which would now have been ont of -work but for me . I have induced the men again to go to work at Cassop and FramwelJgate Moor Colleries . I believe the peace of the Colteries is in the main owing to my exertions —( loud cries of hear and cheers ) . Do not send these men to prison , but refer it to arbitration , and a good understanding will then be restored—( cheers ) . No answer was made to this proposition . Tbe Chairman—Let the ease go' quietly on . Mr . Marshall—D 3 you propose to refer the whole question o' the bond ? '

    Mr . Roberts—I am for the whole question of the bond or any part of it The Chairman—If there la the least chance of coming to an arrangement the parties had better retire . Mr . Roberts—I will refer the whole question to arbitration . —Some farther conversation took place , which endedi | n Mr . Roberts rising and saying , I will set the example of retiring : U no man follows me J can come back . .-V . : ; The parties then retired , and remained out of court some time ; on tfeeir return it was evident , from sundry shakingB of tbe head , that no arrangement had been come to . In reply to the Benehj Mi . Roberts said he was sorry to say . that they could not agree with regard to the men In prison , whom It seemed impossible to get out . The other points could have . 4 een arranged . The Chairman—Their liberation does not rest with the owners , or even with tbe magistrates .

    Mr- Roberts—1 think -we' could get over everything else with the exception of these men- Even supposing everything Sbttled , these men still stand in tbe way of arrangement . The Chairman—That is a point which cannot be remedied now without an application to the Secretary ef State . Mr . Roberts—I have done all I possibly can . The Chairman—If such an application unremade by the Magistrates , I have littie doubt but it would be acceded to . Mr . Roberts—I have great doubts of it myself . If 1 had been here at tbe time theBe men -were tried , I thifik 1 c * nld have convinced the magistrates that it was at least a matter of doubt Could the present ease not be adjourned for a week , and an application be made in the meantime ? It is evident that these men at least conceived they were right I will take upon myself to apply that the case stand over for a week .

    Ms . Marshall—Would the men go to work in the meantime } Mr . Roberts—They might possibly . - Mr . Roberts—I request tha-. this case be postponed for a week . A conversation then ensued between Mr . Roberts on the one side , and Mr . Elliot on the other , -which ended in the adjournment of the case to one o ' clock . The Court re-assembled at one o ' clock , when Mr . Roberts , without any observation , proceeded to call Wm . Henderson as a -witness . The Chairman inquired what had been done during the adjournment ?

    Mr . Roberts said—I have conferred with the parties on this matter , and in consequence of what has taken plae ^ . 1 beg to request that jrou trill postpone tbe farther consideration of this case till Wednesday . In tbe meantime I pledge my honour that I will do my best endeavours to bring about a reconciliation between the masters and the men , with advantage to both parties ; and I also pledge my best belief that that can be effected . Before sitting down allow me to state that I think the maifctrates would do well to decide that a

    weighing machine , consisting of beam and scales , should be established everywhere , and that they should be stamped by the proper offieer of Government . Wishing to promote that recondliatien , I give to the masters an opportunity of doing an act ef grace . I ask them to withdraw the proceedings against these men . However , my application to you is to postpone the case till Wednesday , ia order that the masters may do an act of grace . I belisTe tbe men -will be all at work on Thursday morning . I would not say this unless I had good reasons for believing ao

    Mr . Marshall—I am instructed to say on behalf of the owners of Thornley Colliery that they have no objection to tbe proposition -of Mr . Roberts , provided Mr . Roberts on the put of the pitmen should promise to resume work . The Company think that whilst tbe men continue to violate tbe agreement , it would be im * proper to listen to any terms of compromise . Mr . Roberts—Do you mean that you will net argue the question with me unless the men previously go to work ? Mr . Marshall—Yes . William Henderson was again called , but previously to the commencement of his examination , air . Roberts said—I have already made the applies * tion with the consent of tbe opposite party , and I now make toe application without their consent , to postpone this case until Wednesday ; and I can assert my belief that matters will be reconciled before that time .

    Mt Elliot—The complaint is now before us , and it is our duty to proceed with it . The Chairman—We have wished to know what had been dene up to that time . Mr . Roberts—The interval which I had with your permission was sot long enengh to carry out its object . I may state perhaps -what I want . I want a deputation to wait on the masters . It is tbe belie ! of the men that they can do better with the masters than with the viewers . Dr . Fenwick—The bench find themselves in a situation of very great difficulty . They have heard nothing of what has passed , and they know nothing of what either owners or men are willing to do . How can we determine what ought to be done , being in total ignorance as we are ?

    Mr . Boberts—I shall not make any further application . ( Cheers from the pitmen ) I have done my duty . There has been id . a tub taken away from the men when there should only have been 3 d . The quart is tbe quantity that etill exists , and that we propose to submit to the viewer . We propose to have beams and scales nicked and stamped , and to go into the whole of tbe grievances of the collieries by means of a deputation . 1 believe the matkr will be settled . If the application is refused , I will do my dnty to the men by going on . Mr . Marshall—The owners will be most happy and willing to meet any deputation if the men will first go to work . The Magistrates took time to consider , and a difference of opinion apparently prevailing they retired , and after an absence of nearly half an hour returned into Court , when

    The Chairman rose and Bald—The magistrates have taken everything into their serious consideration , and would be very glad indeed to find that there -were any hopes of recoD ciliation . Mr . Elliot—Has there nothing taken plae * between the parties since we left the Couri ? Mr . Roberts— Nothing further has taken place , Tbe Chairman—Then it is impossible on the application of one side only , with no particular reason assigned , to grant the application . You had better go on Mr . Roberts . Mr . Roberts immediately proceed ta call

    William Henderson—I have worked at Thornley Colliery since April Ust . Since tbe 20 th November last mor * coal has been Jaid out than previously . I work in the tve-qnarter seam . At the bottom of that seam there i s a band of black brass , running from 1 J to 4 inches in tMckness . On the top of the coal is a band of grey splint about four inches thick ; on the top of that a band of tchiie stone runs to near eight Inches thick , aDd when we hew the coal all this Tiascome down regularly the last six weeks when I have worked . It is not possible to get all this out of the coaL The black brass is hewn with the coal . It goes into the tub also We cannot conveniently get it out because it is wrought with the good eo&L Tbe black brass is as liable to be laid out as other things . From the colour of tbe black brass

    it is not possible to separate it from the ; coaL We have only a Davy lamp , to pick it out with , and from the want of air we arc almost st' fled , so that a man cannot ten altogether what he is about when be is doing it . We caunet tell " the black brass from the other when it is wrought down tbe pit , because it gets so mixed with the rest of the coal . The light is dimmer with the Davy lamp than with the ordinary candle . There is a ten-inch band above the others I have mentioned which generally comes * dbwn . with . the coaL That is called foul coaL It does not come down so regularly &s the other seams under it . TJbe deputies have to prop this up . but it get * so broken that tb # y cannot get the timber undfr . I have worked in other collieries , and never tnew to hard a bond as Hub . I was fined on the 18 th of November . I complained about the machines when I had been about three months on the colliery . I cannot give any account of anything being done to rectify it

    Since tbe 20 th -we have bad 6 S . stopped out of one tub . Tbe payment for that tub would have been 3 id . Tsrenty-Xour quarts at 3 d . a quart were stopped out of that one tub . That was before we stopped the last time . Never knew such a stoppage as that before tbe bond TO * put i » force . That was the account taken from the master ' s man when the tub came to bank . I always chose the prison before working for nothing . Mr . Roberts— Do you think all the men will rather go to prison than work under that bond J Witness—Yes The " '" was re-echoed from hundreds of the pitmen . Cross-examined by Mr . Martball—I wa » flnea 9 » . 8 d . for two days . Those were the two first day * ol tha ls » t three we worked . Nothing was taken off for the last day . I -cannot recollect what was the amount of my fines before the strike . I wiU swear nDtlrin * about whether I was ever fined a shilling , because my mind is so distracted with thia oppression that I canswear nothiDg abont it—( loud cheers from the pitmen ) .

    John Stephenson , who had . woiked . at the ealliery nearly two years , gave similar evidence—I was one <> f the two appointed by tbe men t * inspect the lald-oata Sixteen quarts waa the most laid ont in ons tnb . That came out of tbe main eeam . Tbe five-quarter seam is worse than the main seam . I have been a coal hewer vxn ' y years , and never knew so hard a bond . Although 1 have a vrife and five children , I would rather « o to that gaol till April than work under this bond . Ck » s-Exwninwl—I was bound a Second time because I could do no otherwise . The other colfiersj would not bind .

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    Other men might go to other colluriea . I will not swear that 100 men did not leave . I can sweat that I requested the 2 Ss . a fortnight , although I have worked regularly since the last binding . There were twentysix men fined on that day . I will not swear that there were only twenty-six men fined in that pit on that day . Mr . Marshall—Will you swear thatthere were not 100 men . Witness—Na , aw knaw what aw ' a about . Reexamined—The keeper said that every other iub might have been iefc eufc if the Itmdwas enforced .. He is the master ' s tmn . I think his name is Gao . B / own ^ Jjfi ) man would pat splint into their tubs on purpose . Wttpfr a man has been fined 83 . one day , and 4 s , another , It has been from the state of the pit Mr . Marshall here applied to have all the witnesses ordered eut of Court . Mr . Roberta resisted tbe application , and said it was all of a piece-with the conduct of the owners .

    The Bench conferred some time , but gave no decision , and Mr . R . proceeded . Joseph Loocstaff , another pitman—It was often stated to me by the weigher of coals that he was astonished we should allow the weigh to go on in that state . His name is William Kay . I have heard that the steelyard would weigh either 9 lbs . or 14 / 6 s . either way . Kay taid this . I am not prepared to say whether it would weigh for the master or against him , or either way . The men were desirous of beam and scales . I have worked under other bonds . I believe this has nevei been in operation fully . I am prepared to say from my own observation that it is impossible for a man to live under that bond .

    John James Bird , who had applied to the ma gistrates for » summons against tbe masters for ill usage and had been refused—Went Jirsl to Mr . Hays's office , and then to Mr . Haya'a house , and then to Mr . Harry , the magistrate . Mr . Barry came out and asked what we wanted . We said we wanted a summons for non-payment of wages . He asked the sum , and we said three shillings . He said "for the small sum of three shillings . " I stated that it was not an application individually , but collectively , and that it amounted to a large sum collectively . We wanted some discussion , and he said he

    was not therefor discussion , and walked away without granting a summons . Mr Burryjsnow on the Bench . Bj Mr . Elliot- —I was referred by Mr , Barry to make application to the Bench . By Mr . Roberts— I have heard you tell the men to try every means to obtain justice from the magistrates , before they resorted to the strike . By the Bench— -It would ba three -weeks gone Tuesday since I went to Mr . Barry . I cannot a » y positively whether be mentioned the day the Bench sat . We were told afterwards that the Bench sat next day . We did not apply ta the Bench next day .

    John Ctesswell , who worked in the main coal had been charged -id . a quart for splint for three quarts . [ Mr . Roberts said the bond only allowed 3 d . a quart , but that perhaps made no difference 3 Could not tell how often be had been fined . Had been fined three times In a fortnight At the last pay , they said they had found out their error of charging 4 d . instead of 3 d . At the last pay , the difference , it waa said , should be returned . I think I was never charged more than Is . a tub in a day ; sometimes there were time in tbe fortnight , and sometimes they took one off . It is the general conviction of the men that they have been cheated by this steelyard , John Lumsdeii spoke to the same effect as the other witnesses .

    Samuel Turner said he had worked at Thornley six years , and never knew wages so bad as they were now . Had worked at other collieries , and the five-quarter seam at Thornley was tbe dirtiest ha had ever worked in . They were erecting a beam and scales now , and that he believed waa one result of the present strike . Wm . Wilkinson said Mr . Heccles bad told him he knew the weight was nujnst Mr . Heccles said he knew that it made a difference with the weight acceding to the end at which the tab went on , and that even a one-sided corf would make a differentia .

    Mr . Roberts here appealed to the Bench to know If they were not of opinion that he had made out his cose —that it was impossible for the men to work under this bond . The Bench said the usual way was for the Bench not to give an opinion whilst a case was in progress ; but to leave the matter altogether to the discretion of the advocate . When he bad dosed his case they would consult and give their decision . Mr . Roberts then called William Turner , another pitman—Believed if the bond was enforced every tub would be laid out in the five-quarter seam . Had been several times at Mr . Heccles about tbe laid-out and the steel-yard . Told Mr . Heccles they would like to have the beam and scales upon the heap . Mr . Heccles said he bad business of more importance than putting up the beam and scales to attend to . They were advised by Mr . Roberts to go to work again , in order to put themselves right with their masters .

    Mr . Roberts was about to call another witness , when the Chairman said that as there was no chance of getting through the evidence that night , the Bench wished to adjourn the case , and as the next day was the petty sessions , they thought of adjourning till Monday or Tuesday—Mr . Roberts said ho had some other prisoners to defend on Tuesday , and solicited an adjournment till Wednesday . To this Mr . Marshall did not object , and the case was therefore adjourned till Wednesday morning at ten o ' clock .

    Wednesday , December 13 . The Court met this morning at ten o ' clock . Mr . Roberts , before the Court was opened , again applied for a summons against tbe owners of Wingate Colliery . In compliance with the opinion of the Bench he had applied to a local magistrate , by whom he had been referred to the Bench , and thus the men appeared to be bandied about from one to the other . Tbe Chairman said the magistrate applied to had doubtless meant the Board meeting in that district , and Mr . Roberts should apply there . > Mr . Roberts had not entertained that view of the case .

    Mr . Marshall then applied that none bat the witnesses under examination should be admitted into Court His only object in making this application was that tbe witnesses might not be prompted by the men behind them . In support of his application Mr . Marshall cited Roscoe's Law of Evidence , from which it appeared that witnesses could be ordered oat of Court . Mr . Roberts objected to the application being made before the parties were admitted . Considerable discussion ensued , which ended in Mr . Marshall assenting to postpone his application until the public were admitted . The doors were than opened , and tbe public admitted , when Mr . Marshall renewed bis application . Mr . Roberts opposed the application on the grounds that the application was too late , and that an application once refused , tbe same motion could not be made again .

    The Chairman , after some consultation with his brother magistrates , said that the bench had no doubt about the propriety of Mr . Marshall ' s application , or that they were bound tt agree to it , but they asked Mr . Marshall if he thought it worth his while to persist in it ? . Mr . Marshall said , under the circumstances he would not press it ; and the application was accordingly withdrawn . Mr . Roberts then called , — Wm . Andersen . —I am a collier working at Thornley Pit I have worked there since the 15 lh April . The price for working a tub ib a little more than 3 ^ d . As an individual I have used every energy to make a living , and have of late thrown off several tubs a day

    to get clear of the fines , and I think if we were to be fined for having ¦ quart of foul coal it is impossible for any man to make a living . At tbe last leckoning I was fined for four quarts , but they threw one off and only fined me Is . I bad been as careful that d » y as I ever was before . I took more than usual care , because I knew tbe crisis I was in . I was not fined for more tban cne tub that day , but I did not work as much as usual on tbat day . I was then wotking in a very bad seam , where there was a deal of obnoxious gas , so that I could net use tbe candle , and that was tbe reason why I did not hew so much as I could have done , [ Witness gave nearly the same description of the bands above and below tbe fivegnarter seam as the other witnesses . } I have also worked in the main 8 eam * and have been charged 4 d a quart for what has bea | &id out The grievances of the colliery are—( first myown)—I was to average 26 a a

    fortnight , and it wonldba the 12 th before I was tinployed . For tbat foraBbt I received nothing . Tbe next I received 3 s 7 d , ^« je next 18 s 6 d , and the next 23 s 6 d , and for tbat I worked in six different parts of the mine . I have not received 26 s on average . I have only received that sum for six or seven fortnights . I was to have a comfortable dwelling house , bat I was plunged into a . h"use with another family . I complained to Mr . Heccles about the steelyard being unjust The main of our grievances -were setting the laid-out and the weighing machine . There were two or three different deputations formed t » Mr . Heccles , but some of them were afraid of him . The deputations represented the wishes of the men jeeneralJy . ¦ The weighing machine teas never adjusted iomp knowledge . I think the prison is a place to which I should not like to go , but I would rather go there than go to the colliery any more—( hear , hear , and cheers ) .

    The Chairman said if these disorderly proceedings were continued they would be compelled to adjourn to their usual place of meeting . William Ord had been , off ten weeks from lameness ; bad been fined 4 d ., Is .,. and 2 s . 6 d . a tub , about the latter end of July or beginning of August That was when Mr . Heccles was keeker . Went to the screenman and asked him what the fine was , and the one pointed Ibis way and the other the other , and laugbctd at me , and said it was Mr . Heccles ' s own doing . Went to Mr . Heccles , and he asked me if I was not content with the half-crown , and I said— " No , man , how can I be content with half-a-crown taken r . ff when I ' ve only

    addled Ss . V Ht threatened to get a warrant against me They fine us just as they have a mind . It is anything but just Mr . Heccles sent for a warrant , but we got advice from an attorney and the -warrant was never got The men were stupid or half-mad whea the ; went home last Friday night . On the 20 th , Mr . Heccles said the beam and scales should be pnt up directly if the men went to wwk . They did go . Mr . Heccles had previously promised to put up a beam and scales . At one time he told us he had had them lying in his storehouse for six months . I am positive about that ; that would be about three months since I think , but I ' m sot qualified to

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    etare the time or anythiug about it Mr . Heccles mads a gloss mistake ; when we asked for the boxes he sent fortne quart pot We did not ask for the quart pot . If Mr . Heccles stated bo he has told a He , and a gross lie . The boxes were that each man might eee his own . I baye been ther ^ when there were 100 , 150 , and perhaps 200 , and there was never a quart pot mentioned—it was all Mr . Hecoles ' free gift That III swear to . It would have taken all the men in the colliery to measure the . stones . Theownera knew that as soon as the bond was enforced tha colliery would stand . I think they enforced It at

    last because they wanted the colliery laid ¦ * Jr * Z refu ! « ? t Q e warrant which was applied for at Durham irritated the men ' s minds , because they thought the master could get a waggon load of warrants and * he men could not get one . They thought they cou' d not get justice either front the owners or Vie magistrates Just previous to the 24 th , the men came to the resolution that they Would stand for ever unless they got justice . Every man will go to prison rather than yield . I will rather go to prison than work at the main coal or any seam they have . I havenot earned 26 s a fortnight on the average .

    Wm . Kiy ^ -I am weigher for the Thornley colliery , and am employed by the masters * Witness described ™ -Yni * i n s ot iho steelyard , and said he could make neither just or unjust as he chose , and that he would explain . There were four piviots , and if the waggon were placed in the centre of them , it would weigh juatly , bat if the tab were put to the one side or the other of these pivots , it wauld give a greater or less weight than the real weight By the shifting of the Weights the men might loss sibs . It bore on his mind thai he had weighed lOlbs . wrong on one side , and 41 bs . on the other . Re-examined-Did not think he could do justice by this machine .

    _ M » . Roberts here made on application under the Weights and Measures Act for n summons against Mr . Hecclfcs , in order that the steelyard might be brought into court He said it was a fraudulent one . A great part of this inquiry depended on whether it was fraudulent or not In God's name let them have the truth . The application was grounded on the 9 th and 23 rd sections of the Act 5 and 6 Wil . IV . c . 93 , which imposed a penalty for false balances ia cases where goods were exposed for bargain and sale , or when they were intended to weigh for the purposes of carriage ; but nothing whatever was said about balances for weighing between master and man . The Chairman said it was the decided opinion of the Court that the Act did not apply to this case .

    John Bates had worked at Thornley for one and threequarter year . Worked in tbe main coal one year . Since the bond had been put in force had been fined 3 d . a quart , and before 4 d ., and Is . a tub . It was then done at ihe discretion of the keeker . It he thought it deserving of it he would lay on is . For the last quarter there had been Is . laid-out to return , but nothing was received for the half-year before . We think we are entitled to have tbe odd pennies returned , and have applied for a summons against the owners to ret over them . One time I was fined la .-which the keeker said

    was for splint , when there was not a bit of splint where I was working . The men are tired of applying for summonses . They applied at Durham twice . I know they applied twice , for one time they did not come . I went to the inspector of weights and measures some time in the : summer when he was at Thornley . He was then adjusting the store-Bouse weights in the colliery raft yard . He took all the weights away I think because they were not just He went on to the pit heap and looked at the steelyard but be did not adjust it He looked at the cbalfeB which the weigher had made , and asked if he ( the weigher ) h » d given and taken .

    Mr . Marshall objected to what the inspector said being received in evidence . They should bring the inspector himself . Mr . Roberts would then move for a summons . The Chairman immediately granted the summons . Mr . Roberts then applied for » summons to Mr . Heccles to . produce the machine . The Bench after some consideration decided that there was no necessity to have the machine produced in Court Mr . Roberta claimed it as a right The Bench—Then we decline giving any order . Examination resumed— -The inspector stated that he could not adjust the weights without taking them to Castle Eden . Whilst working last year in tbe fivequarter seam , the bond was never enforced at threepence a quart

    William Toplis—If the bond had been enforced before it was , the colliery must have been laid in , because the ; men could not make a living . Mr . Hecoles has offered me a bribe to swear that the men could get a living . I Was at work about a month ago , and he comes into me and says " Who * tbia ? " I said "Toplia . " He says , ?• I suppose you want the boxes , don't you ?" I said " Yes , of course . " He asked what we wanted with them , end I said to see them laid out . He said , "the men are going to get a summons , I suppose ? " I saW , " don't know , you are likeliest to know . " He said , "Do y « u think you could not work here a week or a fortnight and have none laid out ? " 1 said , " No ,

    I did not suppose I could . " He says , ' -If you wiU swear that you could work here for a week or a fortnight without having any laid out , you shall have your bread for nothing "—jlond nootings ) . He said " I should have easy work , I should have my bread for doing nothing . " I thought my father would not let me , and I said I durst not say . Nothing more took place about that I thought him a nice man . I recollect I am on my oath , and I swear that all I have stated is true . If the bond had been enforced before the last 5 th of April , they would not have signed the new bond . Tbere was nothing to lead the men to believe that the bond would be more strictly enforced tban it bad been before . '

    Here occurred a really fanny scene . The witness produced specimens of the black brass foul coal , grey splint and good coal : they were bo much alike tbat it would appear impossible to distinguish one from another for the purpose of separation . Mr . Roberts handed them up to tbe Bench , ( it must be recollected that the magistrates , most of them , get their bread from the coal trade , ) and challenged them to tell " which was which . " Then they all peered over together ; two palled out eye-glasses ; one blew his nose : after ten minutes' accurate consideration , and twice deciding in * correctly , they gave it up as a bad job . It is worthy of remark , that Mr . Marshall did not dare to cross-examine this witness .

    Augustus King , daring the last three days , had eight shillings taken off himBelf and marrow , They got 2 a 6 d each for tbe three days' work . They got la 4 d back besides . Previous to last year there had been sixpence a score additional paid for the black brase . The-men were anxious to obtain justice from the masters and the magistrates . When the summons was refased the men gave It ap as a bad job . They said it was as much use going to Castle Eden or Durham as going to a mad dog . The colliery will never goon if that bond is enforced . J believe no man will ever work at it . I asked for my clearance , and Mr . Becclea said if he gave it to me he would pat something in it which would make me get work nowhere—( jetlsu

    Robert ; Toplis—If the bond had been enforced the colliery could not have been carried on—it would have been impossible for a man to get a livelihood . When working in tbe main coal he had been fined fourpence and one shilling a tub . Had been fined five shillings for two tabs in the flve . qaarter seam the last three days . Had frequently heard the weighing machines complained of . Robert Walton believed that none of tbe men would have been bound if they had known that the bond would have been enforced . I have not been fined for any off-take , but was fined 2 s . Cd . for lying idle last Saturday . It is a clear seam where I work . I cannot Bay whether half of the men work in a clear seam . If the bond bad been strictly enforced we should have been in debt as well as the others .

    By Mr . Fox—We had to Wurk very hard to get 10 s . a week if the bond were put in force in the main » eam . If enforced where I am at present they could take every tub sent to bank , and a man would be in debt It was the intention of the men to try to get justice if they could get it I think the men would cot have struck if they had got a summons when it was applied , for . The refusal of the summons was a rankling sore to the men , and was spoken of by them as a ~ refusal of justice . Since these proceedings commenced I have heard the men say they would get no justice . Whew we work there is nearly a foot depth of water in the middle of the way . About three months since , the roof fell in to the tea inch parting , and because i would not remove the rubbish I was fined 2 s . 6 d . I might have bad my back broke , bat I was ordered to work at tbe same place , and beca ?* e I did not , and wtmtaway , I was fined .

    Beuben Ferster—Had been fined lla 4 d the last pay for the last three days . I worked twenty-two tubs . When I went to the overman to reckon , he said my coals were lllbs short in weight The hewing came to 6 i lid , and I was fined for forty-five quarts at threepence , which came to 11 s 3 d , so that I was 4 s 4 d In debt for three days * work . When the pay came on be dedncted twenty-three quarts of the fine , and then I had only ninepence to receive . He cheated me out of a penny and I only got eightpence . For seme time past every shot we have fired brought down the roof with it Was never fined Us before . If I had I would not

    have stopped at the colliery so long . Nothing was deducted for my Ipdgings—I had nothing to give them . I pay 4 a for my lodgings . Did not ; hear the clause abont the quart before I signed the bond . I will swear it was never read over in my presence . It was not generally known among the men that the fine was a quart I signed the bond in the office . . They would not let me sign my name , bnt took bold of my hand whilst I made my mark . I can write . Would be about two minutes in the office altogether . No explanation was made to me nor the other men who were there . Mr . Heccles aafced iff had come to get bound , and asked my name ; I told him , and he wrote my name and took hold of my band till I made tbe

    cross . Charles Wiilett bad worked at Thornley five years come the binding . I put my cross to the bond . I can write my name . The bond was not read to me . That I'll swear . It was never explained to me . The office was full of men when I went in ; they were standing waiting to get hold of the pen . Mr . Heccles was there . He asked me what I worked at , and I told him I hewed . He pat down my name , and I then put my erosp . It would take me three or four moments . Since that time neither Mr . Heccles nor any body elae baa

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    i explained it tame , neither Lave I b * 1 a copy gwea me . I recollect the summons being npptied for . When it was refused it operated on the men . Joseph Burnett * had been fined 6 s 6 d . for twenty-Bix quarts during the three last days . He dad only put his mark to the bond though he could wr'ts . The bond bad never been read to him . He could not make a living under tbo bond , and would rattier go to gaol than work under ] it Mr . Roberts here took an objection that the wai / ant was informal , as the date was insetted in figures . The Bench overruled the objection .

    William Park bad w-jrked eiijht years at Thornley . He had earned , on the average , 26 a . a fortnight . During the last three days he had been fined for sixteen quarts in one tubi That was on the second of the last three days . Would take bis solemn oath that there was not & stone in it the sizd of his thumb . The foul wes all black brass . TheyicouM not send up a tub with le * B than a quart of black brass . He was 1 b 91 . in debt after working the three days . * Joseph Kirk had worked rive years at Thornley , but

    could not tall whether he was a bound man ; was told he was . Mr . Heccles wrote my name and t > ok hold of my hand whilst X touched the top of the pen , but I will not swear that I am a bound man . Ou the first of the last three days I was fined for seventeen quarts ; on the second day I was fined eight ; quarts , and the next diy there were six quarts of foul , but they were not kept off . Worked as hard and as carefully at that time as at the other . Had to receive 3 s . 7 £ d . for the threa days' work ; that lulghtkeep a man and his family upon potatoes , bat not much else .

    Edward Clark—Was three miles off when the bond was read over , bat afterwards signed it . No explanation wag given me of the bond at the time I signed it . I did not know that J vi-as liable to a quart fiiie . I went with Mr . Boberts to Sir . Heccles , and Mr . R . asked Mr . Heccles if tbe men would go to work would he ( Mr . H . ) put a beam and scales on the heap . Mr . H . said he would if we went to work , bat he would not unless we went to work . Went 'to- work in consequence of what Mr . Roberta said . { Jabcz Wonders ! had worked six years at Thornley . Was a bound man . The bond was read over to me . I could not ; write , but had put rny mark . When I went to reckon with the overman I was fined twelve shillings for the three ! day . I then ttood three shillings in debt to my master . j At the close of this witness ' s exatuinatien fhe-cfse was adjourned till to-morrow at ten o ' clock .

    THURSDAY , DEC . 1 * . The Court met this morning at ten o'clock , when Mr . Roberta called—Joseph Walkeri who had worked at the five-quarter Beam at Thornley since April laat On the three cuys after the 20 th , I and my marrow had nine tubs laid iiut one day , three another , and one another . Ther <• were eighty-eight quarts in those tabs . They took boiik' of them off , or otherwise we should have been in debt . One day we were in debt They to k some off ; they said they had taken the first quart off every tub . Wje went to Mr . Heccles on the nijjht

    of the 21 st He ] said we were to work away , aud he would see us paid—supposing we filled the fewer up we were to take pains . My marrow and me had 9 s 3 ; to receive , and ls : 6 d consideration , which left 7 a 9 d . I always labour as hard as I can , and I did so those dayB . The consideration ; money ia for the place we work in . If I were to work in tbe same place a fortnight it would take me another fortnight to clear myaelf , It would be impossible for any man to make a livelihood in the place where I have worked for the last six weeks . It is a place not fit to pat a dog in , let alone a Christian . Though I have a wife and four children , I would rather go to prison tban work tbe txind .

    Robert Parker had worked three years at Tcornley , backward and forward . I am unbound . One of tbe last three days I jwas fined four quarts , three on the second , and none ion the third . Have been in gaol for nine weeks for leaving work five years since . I was committed from Gtateshead . . Robert Richardson had worked ia the five-quarter seam six years . I heard the bond read over , bnt I was fully aware tbat I could not make a living if it were pat in force , ] but I could not get work elsewhere , Tbe bond baa never been enforced since it was a colliery till new . I have never been before a magistrate , but I would rather go : to prison than work under this bond . Thomas dough ] who stated that he was appointed by Mr . Heccles to take cbarge of the stone and foul coals , was examined at great length ; we can only give the following ;— 1

    The year before ] last I was sent to see about the weighing machine by the men . I wished to see if it waa just , and I made application to the colliery for weights to teat it and see it it was just , bnt I could not get them I went to a shopkeeper and got weights , and found it to be strictly just . A fortnight after I thought tbere waa a deficiency in the men ' s surplus weight , and on looting saw tbere was the main pivot deficient . I made application for those weights again , and found the steelyard had a variation of I 21 bs against the men . I was examining the steelyard a fortnight or three weeks ago to see if anything had been done at it . I could not see j any material difference with respect to the principle , but I thought there was with respect to the steelyard itself . I did not try it ,

    but I believe it cannot be correct , because there is a pivot with a sharp point , on which it works and when that point becomes round it operates against the men . It would become round in about three weeks * . Confidence has been placed in me by the masters and men , and I am of ! opinion that men cannot make a living there under the bond . The men applied to me about this strike , and I persuaded their off , for I am against all strikes among bound men . I advised them to apply to the magistrates ; and they said they bad refused to grant an order . I then a vised them to apply to Mr . Wood ; and they said that they thought it would be of

    no use , and that the only way te bring tbe matter before the magistrates would be to strike , and they Went away with that determination . I believe if the men were treated ; with a kind feeling they would at once go to work . I have heard that twenty collieries are now at work through your ( Mr . Robert's ) advice . I never heard it repeated that you bad eudeav « ured to widen the breach between the masters and men . A curious scene ] here occurred . Mr . Roberts asked the witness if anything he htd heard could justify the imputation thrown upon him by the Bench that he ( Mr . R . ) had endeavoured to widen the breach between the masters and men ?

    Tbe question was objected to , and the Chairman said tbat the Bench were not aware of any such imputation having been thrown out Mr . Roberts said such an Imputation had been thrown ont by those who ought to be ashamed of themselves for doing so . ] i * r ^ Mr . Elliot said he believed Mr . Roberts alluded toan observation which fell from him ; and it was drawn forth by the disorderly scene of last Friday morning . He was surprised and sorry to see a man professing to have a liberal education conducting himself as Me . Roberts then did , and it was inconsequence of that that the observation fell from him .

    Mr Roberts said none was more aware that be poa-BesBed an infirmity of temper than himself . He had done all he could to prevent the case coming here ; but when it did come he had entered into it heartily , because he felt most / deeply ; and every one most see that his demeanour was not put on . He would have made any concession , perhaps almost what he ought not to have done , to prevent the case coming here ; but as it had come he would use every exertion , waHJiatjustiiia ruat ccelum . \

    Mr . Elliot would grant all that , but what had it to do with the observation . He thought Mr . Roberta ' s conduct could only be styled indecent ; and he only regretted that on ) that occasion Mr . Roberta ' s words were not taken down by tbe magistrates' clerk for their consideration hereafter / If after that time there had been any expression of regret , and if the case had been carried on with decency—if there bad been any expression of that kind , he should have been the very first person to have wished that _ everj thing should have been forgotten . i

    Mr . Roberts—So far as your speech applies to me I throw back its imputations with all the contempt they deserve . i Mr . Elliott made some remarks about * " a Court ef Justice . " . ] Mr . Roberts—Aj Court of Justice indeed ! Some men can only be lashed to justice ! I have applied the ash , and vigorously . . Cheers from the gallery , that were really deafening , greeted the enunciation of this most wholesome truth . For a moment their " worships" seemed " bothered " —confased—did not now what to do . At last they all run ont together . After about half an hours' absence they returned , when the Chairman handed to Mr . Hays a resolution , which he said had been unanimously agreed to , and which , at the Chairman ' s desire , Mr . Hays read . It was as follows : — I

    " The Bench is jof opinion that a gross contempt of Court has been committed by Mr . Roberta , in the observations just addressed by him to the Bench , which in a superior Court of Justice would have led to immediate commitment : ; and the Magistrates are willing te hope that another mode of proceeding which is open t « the Court may be rendered unnecessary by a proper apology . " I Mr . Roberts—I beg to withdraw the observation te which the Magistrates have alluded . Dr . Fenwick—There is no apology in that ; you ought to say that you . are veiy sorry , and will never do it again , 1

    Mr . Roberts—Apologize for what—sorry for what ? Sorry that I feel abhorrence at the dreadful mockery going on within . these walls—sorry that I cannot restrain , the expression of that abhorrence . However I will withdraw any expression you dislike ; and if that expression ia in reply to a charge against me I will repeat it again , f Dr . Fenwick said something wbJch we could not exactly catch , but which we understood to be to the effect that Mr . Roberts should apologize as well as retract Mr . Roberts—Some strong observations were made upon me by the jmngirtrates , which I felt bound to resent , and I always will resent any imputations on my condoct , whether ] made by magistrate or judge—aye , even by a Sovereign , yet out of respsct to the judioial character of the Court I will withdraw the expression . But ! will always present snob a thing at the time , and will throw baok with scorn aud contempt every imputation attempted to be thrown on me .

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    Mr . S > earnna—U wouid be aa extremely easy process indeed if a gentkman standing as you do , and acting in a superior courfc , were to be guilty of a grosi coDtarapt of court , aud ware to acquit himself or tba » contempt by merely saying ttoat ha withdrew the expression . I think yon cannot withdraw the expression . It waa given utterance to atfwl cannot be withdrawn , and I consider that for the use of thoca contemptuous expressions we should feave been warranted in immediately committing you to prison—that we miijhfc have done it , and that a superior con . rt ' wonld'hRva done tf We think that theie is another mode of proceeding which might be entertained , but we have wished that by a proper proceeding on your part you may render that unnecessary . It ia for you to consider whether what you hava just said ie a proper mode of acquitting yourself or

    nof-Mr . Roberts—Acting on my own judgment , I considered I had offered all that the Court required , when I said I withdrew the expression . When I said teas r meant ' I will withdraw it—I wish it had not been said . " ( After a pause ) . If taere are any words to put in to express it , I will put them in . Mr . Spearman—I would Bay tbat the expression wm an improper expression , and that you ate answerable for it . Mr . Roberts—If the expression that I have endeavoured to widen the breach between the masters and men is withdrawn , I will retract my assertion Mr . Spearman—But you also said tbat the lash waa necessary to drive some men to do justice , and th&u }' jU > had applied that lash . Mr . Roberts —/ say so still . I apply the fmputat ' on very much fco the masters , and I am soiry that there are sometimes masters on the Bench . ( After a pausej . I withdraw the expression .

    Mr . Fox—It had better be considered 83 not having been uttered . This seemed to be agreed to , and after a short interval , — Mr . Roberts again rose and said—That befog accepted , I now Bay thai I most sincerely apologise for it , I should consider myself unworthy of tbe position I hold if I did not feel Indignant at tbe " horrible humbug " I am compelled to witness . I should be unworthy too of that position if I did not express my indignation with the warmth wbieh every honest man must feel at the disgusting farce . And now having expressed It I w'l apologise for it . The Chairman— The Bench are quite satisfied . Mr . Roberts again rose , and asked if the Banco were not satisfied that the men generally were of opinion that they could not work so es to earn a livelihood uudet the present bond- He put the question to save the time of the Conrt , so as to prevent the necessity of calling all tbe witnesses .

    Mr . Marshall objected to the Bench being thus called upon , as it were , to declare their decision before he had had an opportunity to reply . Some further conversation and argument took place , which resulted in the Bench declaring that they were of opinion that all the men would give similar evidenca , and that they would tahe it st if they had all sworn so . John Hudson , the Inspector of Weights for the &v trict , was then examined . He bad been Bitting behind the owners , and had enjoyed with them a comfortable cbat It would be wrong in us to speculate upoa the effect of this . However , he swore tbat t&e steel-jard weights , and everything else , were all right Afterwards , on being pressed , he admitted that some time ago he found some weigh *? all wrong ; and that tha weights in question were " lumps of lead , " not such ri were recognised by the law , and therefore be could not btamp them . , Mr . Roberts applied to be swoio . The Cflftirnian said this was a very novel request

    Mr . Roberts said he wished to state the circumstances under which the men had acted . Mr . Marshall thought it would ta like giving Mr . Roberts an opportunity of making another speeoh . After some further conversation , Mr . Roberts was sworn and s » id—I am the attorney employed by thecollfers of the two counties of Durham and Northumberland to defend them and act generally ei tbeir legal adviser . In that capacity I haye several times during the lait two menthsbeen called onto advise the men of Thornley colliery . They have complained to me of tfce steelyard being fraudulent , and I directed them to apply to the viewer on the subject , and also to go to the inspector of weights for his advir x Afterwards I was informed that this had been done ,

    but with no result I recommended the men to continua at their worfc . On Sunday the 19 th of November , having heard that the men were unsettled in consequence of the weighing machine still remaining unadjusted and other grievances , I drove over to Thornley and saw several of the men that night ; I held ameeting of tha men at six o ' clock the following morning , and euceeeded in persuading them to return to work , and I wonld try to procure a rtdrs . T » of their grievances . We then all went together to the house of Mr . Heccles , the viewer . He came out and 1 addressed him in the presence of the men . I obseivsd to Mr . Heecles that the men complained of the weighing machine that it was an just , and requested him to erect a beam and scales . He said he

    he would * bnt could not do it immediaiely ^ had other things to do . I pressed the point upon him , and he then agreed to do it directly . I then spoke of tha lald-ents . These the men had complained of , and I asked him to be more lenient . I read from a paper fumistied me by the men . He replied , be Bbould enforce the bond . I remonstrated against this , that it was impossible for a man to obtain a living under the bond . He answered he did not care about that , he should do it I then walked away , but returned immediately , and asked him , as he meant to enforce the bond , and the men could not live under it to give the men their clearance . This be refused . After this I" left him . Mr . Beasley was with roe the whole time . The men followed us . I did not know how

    to advise them , and drove on for about squatter of a mile . Then Mr . Beasley as well aa myself addressed them from the gig . We advised them to return to work as soon as possible , and to apply for the beam and scaleB directly , and we stated that we did not believe that the owners would enforce the bond , notwithstanding the assertion of Mr . Heccles that he would do so . Toe men promised to comply , and we drove , on to Lan-Chester , where we were to be by nine o ' clock . A few days after , I believe on Thursday , the 23 fd , a deputation from Thornley Colliery waited on me , and infoomed me of the 22 s . being stopped from one man , and tbe other cases detailed in the evidence , and that tbe bond was now so strictly enforced that it was impossible to obtain a living under it Under these

    circumstances I declined recommending them to return to work , and I held out a hope tbat I might persuade the magistrates to reason with the owners on the subject . I do most firmly believe from the conversation of the men , any small act of justice or conciliation would have gone far towards inducing them to go to work again . CroRS-examined by Mr . Marshall—When I was before Mr . Heccles , Mr Beesley did not use any insulting Ianguage ^ I do not recollect Mr . Beesley saying that he would not believe a wetd Mr . Heccles said , whilst I and Mr . Heccles were in conversation . I did not re « collect it , but at the same time I believe it very probable , if Mr . Heccles was making any assertion . Mr . Hecclea said he would put a beam and scales . X think with an extraordinary number of men , the beam and

    scales might be put up in a night , but I kaovt nothing about it I understood Mr . Heccles had promised them before . On the first night of this inquiry an offer was made to regulate the fines . [ A paper was put into Mr . Roberta ' s band which waa admitted to contain the propositions of the owners . It was to the effect tbat the owners had no intention of making any alteration in the previous mode of inflicting fines , nor was It their intention to do so in future . If the men returned to their work immediately , the owners would use every means in their power to obtain a satisfactory settlement and & remission of the punishment of the ruea in prison . ] Mr . Ribsrts continued—IBtatedthattbisvery document was a condemnation , of ihe masters themselves In it they Btated that up to a certain period they

    never intended to enforce the bend , ' and yet it was because those three men had refused to work ; under ( hat bond , which they never intended to enforce , that they were sent to prison- I stated also that I did not believe these men would go to work unless the otheia were released from prison . I understood the masters to admit that the bond had been more strictly enforced lately than before , but I ^ m not quite positive , I have certainly veiy great doubts ii was said if the owners do not admit it . I believe , onconsideration ,. it was' not said . I stated that the great error aid awkwardness was in my opinion the three men being in prison ; but that I would use my utmost efforts tq bring about a reconciliation . I am not able to say whether the necociation terminated abruptly In consequence

    of an expression tbat fell from JBfr . Bseflley . I think it terminated about the impossibility " « f getting those men out of prison . Another attempt was made on the following day for a reconciliation , and I saw a deputation from the men , who expressed themselves very anxious to do what was right , and they agreed to give np the reles > ie of the prisoners for the next two or three days provided that I and Mr . Beeslay in the mean time would exert ourselves to have their grievance * remedied . Mr . Beesley and land some of the men were to wait npou the viewers , talk the matter over , and endeavour to make torniB satisfactory tu all parties

    This wai the time that the magistrates adjourned to one o ' clock . I went to Mr . Marshall ' s office * and told him of the proposition , on which he said he would see the owners . At that time I entertained a strong conviction that the whole matter might be arranged by Wednesday , and the men consent to return to their work on the arrangements being perfected , and before I requested the magistrates to apply to Bir James Graham for the release of the prisoners , I made it a point with , the men that Ihey should be ectually at their work prior to the Magistrates making that application , aud they complied withmyrequest _ . ^ ' __ ~ " \_ ' ]' " „ . _ broken off in

    , By Mr . Marshall—That negotiation was consequence , as I understood , of the owners refusing ; -to ento inter the negooiation before the men returned to their work . I declined recommending the msirto / go to their work until I , by conversation with the " owner * , bad ascertained that they were willing to concede what was fair and just I believe the owners- expressed their wish to enter oa this negotiation directly after the [ Here a small portion of our MS . having been mislaid , we are unable to give the conclusion of Mr . Roberta ' s examination ] ( Continued in our Eighth pa £ e . J

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    =========== ^ . THE NORTHERN STAR- ) - /

• Citation
  • Northern Star (1837-1852), Dec. 23, 1843, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct682/page/7/