On this page

• Departments (1)
  • 
• Text (3)

  Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

  • 

    Untitled Article

  • 

    Untitled Article

  • 

    &!)* Caf ltmr M*tetn*nL

• Transcript

  • Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

    Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.

    Untitled Article

    THE TH 0 R 2 TLEY CASE—MOSI EXTHAORDI-2 ? ART PROCEEDINGS . The fallowing evidence -was given after tbe close of Mr . Robert ? speech : -we had . not space for is in out impression of list -week ; but this -we do not regret u our reader * will now have the -whole cas ^ forthe defence before them . We have bsen compelled te curtail the evidence or some of the witnesses , but all important ; facts are given . The first witness called by Mr . Koberts -was John Cookson—I am & servant at Thoraley Colliery . 1 dont think mat a man could get a living there if the bond -was to be earned out in its strictness . If a quart of coals in a tub i » to be £ ned lamsurea mat cannot get a living . I will go to gaol before I -will go again to ¦ work under the bona . Cross-examined by Mr . Marshall—I cannot tell how much I was fined the last fortnight I was paid . The bond had not then been put into operation . I -was fined aboui a shilling the last fortnight .

    Matthew Diwsoa—I work at Thoraley Colliery . Have worked there two years come April It is not so easy to obtain a living there now as it was three moniha ago , because the bond has raver been put in force till now . If the bond is put in force in t&B five-quarts Stem it is impossible for 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 few layings-out They could have laid , out a great deal more than they did . I recollect 22 s . being laid out for one man Re-examined —All the tabs contained ioul coal , hot all were not fined . If all had been laid out that might have been , they would have to stop the pit Thomas 3 > ermot Jdoiao—I -work at Tbomley Colliery . The quantity of coal laid © at has lately been more than , "beteie— * &&& , the bond was acXei on . 1 cannot earn a living if the bond is carried out I am not a bound man ; but I would rather go to gaol than work under the bond .

    Cross-examined—Two of us have had twenty-six quarts laid out in \ hree days . Bid not keep any account of the fines during the previous twenty weeks Will not swear I was fined to the extent of 20 b . or 10 s . I think I would be fined 5 s . I believe I was fined £ l 7 s . the last fortnight I was paid . Re-examined—The bond had not then been enforced . The fins for the twenty-six quarts was 6 i 4 d . There ¦ were two of us for that John James Bird—I- have worked at Thomley Colliery a year and seven months . The bond has been acted on more stringently during the last fortnight I donbt tetj mnch that an average man could make a living ¦ under the bond . The steelyard has been a geneial subject of complaint for the last ten months . I would "prefer the prison to working under the present bond .

    Crojt-txanuned—I am not a regular pitman . The keeping off of a half-crown was not the cause of the men striking . Win . Wearmouth , another pitman at Thornlsy There has been a great deal laid out 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 . Ifenfomd an hones * man could not obtain a living . The rcsn thought the steelyard was unjust . I never 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 put up directly . I have been in gaol before , and I would xalher stop there for ever than work nnder this bond . Cross-examined—I requested Mr , Heccles to have the machine adjusted * month or two ago , at his own

    house . There were a good many more with me . The request was to adjust the machine that was then , but it is a fresh one sow . All the men wanted was a just one- { Two men were Appointed to . go and see the weighing machine adjusted . George Xaisbett—I worked at the colliery formerly —three-quartera of a year before . I beard complaints about the weighing machine . Some men sent to Mr . Hecdes on the 13 th of November . The bond was not enforced the previous part of the year . J don ' J GhbJc it possible for average men t » send up tubs without one jjiarf 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 average workers . This closed the evidence of the first day .

    Friday , Dec the 8 th , commenced with a scene which the local papers assert "beggared all description . " The justice that is administered at Durham iB indeed of a most extraordinary description—and vat perhaps other "justices , justice * would be found equally strange , if contested by men who , as in the present instance , gloried in exposing it—in " lashing" their " worships " till the rogues squeaked in agony . On Friday , the Court met at ten e ' clocx , and Mi . 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 . Boberts replied that many of the points in dispute had been agreed between the parties , but the owners still stock out on some , and nothing " satisfactory had been agreed to—llond 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 . E . Marshall , who said the ThonJey 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 . Mr . Roberts proposed to submit the matter to reference . Mr . Marshall—To whom would you refer it ? Mr . Boberts { with great vehemence)—Jfottoaeoalowner , or the relation by marriage or any -other way of a coal-owner—not to a viewer—not even to Mx . Heccles—( load cheers aad groans from the pitmen ) .

    Mr . Marshall—3 > o you mean , then , two hewers ei colliery workmen ?—{ groans and sproar ) . Mr . Boberts—It seems the colliers are to be thankful that you send men to prison far what you admit io ba matters of doubt—( . great cheering and cpEDgrfrom tie pitmen ) . I will name Mr . Mather , of SoBtXIbields , as one of the referees . I believe him to be a frond to the men , a frieni to ± be masters , and the friend of justice—{ hear , hear ) . I say it is a rascally thing to have thoje men here—( great cheering from the pitmen ) . The Chairman—I mnstrequesimoat earnestly—Imust Insist that this sort of impropriety *> ism sot be used . I have checked it on both sides , and it is impossible to allow it consistently with the due administration of jus Bee and the dignity of ihe Bench—( uproar ) . Mr . Siberia , Trtth great energy , —I repeat , the men have been unjustly used- ( Cheers . ) The Chairman made some observation which was lost is the uproar .

    Mr . Boberts , with increased vehemence , —I repeat it ( Great cheering and sproar , } Hi . Tenwick , —I say it is a base and insolent misstatement (" Uproar ) Mr . Hsberte , to Dr . Fenwick , —I cannot hear you . { A laugh . ) Dr . Fenwick . —Jfo ! you are very conveniently deaf . ( Uproar , which continued some "time . ) Mr . Elliot—These remarks ean oc 3 y be made with » vitw to widen the breach which exists between the men and the masters- they cannot be made for the good of the men . Mr . Roberts . —The znen have been mads mad by what the Bench said last night ( Loud cheers , and agitation . ) They cannot be excited more . ( Renewed cheers . )

    The Chairman . —All the improper and insulting language used on yonr part will have no u&nence With the magistrates . Trio are prepared to extend ifee principles of equity and justice to the workmen . ( Tnmnlt ) 7 > ir . Hobebts , addressing the chairman fiercely , — 1 v Ton know yun are ucfit to occupy that seat : yonr COBdact is most partial and disgracefnL Before my tsffle - » ra » cSo * efi job ielortd from thai Bench on which von eanfer so hemmx , Hot the men vxre guilty I Is that the spirit—Thundering groans from the gallery mixed with coniemptnons yells as the Bench prevented the conclusion of Mi . B . * b sentence being hfeasd . Tbe chairman—It was net bo stated : it was not stated from the Bench that the men were guilty . Mr . Roberts—Panse , ere yen add the guilt of falsehood . The hundreds in the gallery heard the accursed

    r The Chatrsnan—It -ras not stated fron the BeDCD that the men were gniHy , 39 r . Robert * . —Ton did state so . —( Tremendous vp-Toar . ) The Chairman , with great heat , and stampingtwith hi * feet—li was not xo-etzt&A—it -was stated that there was matter for consideration . Mr . Roberts , also stamping—Aye , I « an jtamp toothere ' s bat little argument in that— ( Lomd cheers and laughter ) . After seme more altercation the chairman rat down —putTip his backs and coaxed tbwn , Thea anotha "Justice" toot Bp the cudgels ; the great game of the " unpaid" is to make the men believe that they ( " the Jnitiees ") woald be more nerciful if that Mr- Boberts would but be quiet , and "let ti « a £ it comfortably . " Mr- Elliot—I trait that the sen here have . sense enough to see that their advocate ia not a ^ tensptiBg to mure . their interests , b » t » ldy to wid « n the breach which -unfortunately exiiti between them and their

    Blasters . Mx . . Roberta vehement ^ , polntiBg to the three pri-¦ oners , —That isihe breach—Jfcose three men < indeserisable tam * lt , * jnia * t which Harewood started * p and bawled out at the fmll pitch » f his voice , ' 111 go to gaol for one , "— ^ mfc « b * ering a * d renewed uproar followed this sally ) . Mr . EMot—Por my part I am determined to do my duly nnfhnchmgly , whatever may be said either on one side or the other—{ aproar . ) The Chairman , recovering hunReU ana pointing to Mr . Boberte—The magistrates have no wish to act on -other principles than those of impartial justice , and it is impossible that the Ccurt can submit to snob-gross insolence from the man who silt there ™ —{ groans ) .

    ili , Roberta—I am h : * tructed that in the trial of these three men , the or&iaary forms of every court in the kingdom have been violated . Tot my own part I do not care a farthing for the mere technical objection ; but I am told that these tiree mtn Wf ra each charged with

    Untitled Article

    a separate oficnee , and I again say that the custom of every county has been violated in trying these three men together— ( lond < heew 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 , bear , hear ) . ^ 1 have endeavoured as mnch as possible feo reconcile the men and the masters . There are a dtzen Collieries which would now have been out of work but for me . I have induced the men again to go to work At Ca&sop and Framwellgate Moor Colleries . 3 believe the peace of the Colleries is in the main owing to my exertions —( loud cries of hear and cheers ) . So 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 . The Chairman—Let the case go quietly on . Mr . Marshall—Do you propow to refer the whole question of the bond ?

    Mr . Boberts—I am for the whole question of the bond or any part of it The Chairman—If there is the least chance of coming to an arrangement the parties had better retire . Mr . Boberts—I will refer the whole question to arbitration . —Some further conversation took place , which ended In Mr . Roberts rising and saying , 1 will set the example of retiring : if no man follows me I can come back . The parties then retired , and remained . out of court some time ; on tfeeir return it was evident , from sundry shakings of the head , that no arrangement had been come to . In reply to the Bench—Mr . Boberts said he was sorry to say that . they could not agree with regard to the » en in prison , whom it seemed impossible to get cut . The other points could have been arranged . The Chairman—Their liberation does not rest with the owners , or even with the magistrates .

    Mr . Boberts—I think we could get over everything else with the exception of these men . Sven supposing everything settled , these men still stand in the way of arrangement The Chairman—That i « a point which cannot be remedied now without an application to the Secretary ef State . Mr . Boberts—I have done all I possibly can . The Chairman—If such a » application were made by the Magistrates , J have little doubt but it would be acceded io . Mr . Boberts—I have great doubts of it myself . If I had been here at the time these men were tried , I think I cauld have convinced the magistrates that it was at least a matter of doubt Could the present case 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 .

    Mr . Marshall—Would the men go to work in the meantime - Mr . Roberts—They might possibly . Mr . Roberta—I request lhav 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 . Boberts , witbontany observation , proceeded to call Wm . Henderson as a witness . The Chairman inquired -what had been done during the adjournment ?

    Mr . Boberts said—I have conferred with the parties on thiB matter , and in consequence of what has taken place I beg to request that you will postpone the further consideration of this case till Wednesday . In the meantime I pledge my honour that I will do my best endeavours to bring about a reconciliation between the masters and the men , with adrantage to both parties ; and I also pledge my best belief that that can be effected . Before sitting down allow me to state that I thins the magistrates would do well to decide that a

    weighing machine , consisting of beam and scales , should be established everywhere , and that they should he stamped by the proper officer of Government Wishing to promote that reconciliation , I give to the masters an opportunity of doing an act of grace , I ask them to withdraw the proceedings against these men . However , my application to you is to postpone the case till Wednesday , is order that the masters may do an act of grace . I believe the men will be all at work on Thursday morning . I would not say this unless 1 had good reasons lot believing so

    Mi . Marshall—I am instructed to Bay on behalf of the owners of Thornley Colliery that they have no objection to the proposition of Mr . Roberts , provided Mr . Boberts on the part of the pitmen should promise to resume work . The Company Ibink that whilst the men continue xo violate the agreement , it would be improper to listen to any terms of compromise . Mr . Roberts—I > o you mean that you will not 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 , Mr . Roberts said—I have already made the application with the consent of the opposite party , and I now make the application without their consent , to postpone this ease until Wednesday ; and I can assert my belief that matters will be reconciled before that time .

    Mr . 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 done np to that time . Mi Roberts—The interval which I had with your permission was not long eneugb to carry out its object I may state perhaps what I want . I want a deputation to wait on the masters . It is the belief of the men that they can do better with the masters than with the viewers . Dr . Fenwick—The beach 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 Ignoraaee as -v » b are ?

    Mr . Roberts—I shall not make any further application , tCheers from the pitmen . ) I have done my dnty . There has been -4 d . a tnb taken away from the men when there shonld only have been 3 d . The quart is the quantity that still 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 the grievances of the collieries by means of a deputation , i believe the matter will be Bettled . If the application is refused , I will do my duty 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 said—The magistrates have taken everything Into their serious consideration , and would be very glad indeed to find that there were any hopes of reconciliation . Mr . Elliot—Has there nothing taken place between the parties since we left the Court ? Mr . Roberts—^ Nothir n ! further has taken place , The Chairman—Then it is impossible oa the application of one side only , with no particular reasan assigned , to grant the application . Ton had better go on Mr . Roberts . Mr . Roberts immediately proceed to call

    Waiiam Henderson—I have worked st Thornley Colliery Bince April itsL Since the 20 th November last more coal has been laid ont than previously . I work in the five-quarter seam . At the bottom of that seam there is a band of black brass , running from 1 ^ to 4 inches in thickness . On the top of the coal is a band of grey splint about four inches thick ; on the top of that a band of white sione runs to near eight inches thick , and when we hew the coal all this has come down regularly the last six weekB when I have worked . It is not possible to get all this out of the coaL The black brass is heim with the coal . It goes into the tub alBO . We cannot conveniently get it out because it is wronght with the ^ ood coaL The black brass is as liable to be laid out ss other thinga . Prom the colour of the black "brass

    it is not possible to separate it from ttie coal We have only a Davy lamp to pick it ont with , and trom the want of air veare ulmofi H'Jled , bo that a man cannot tell altogether what he is about wbBB he is doing it We cannot tell the Kack brass from the other when it is wrought down the pit , because it gets so mixed with the rest of the coal . The light ia dimmer with the Dsvy lamp than with the ordinary candle . There is a ten-inch band above the others I have mentioned which generally comes down with the coaL That is called foal coal It does not come down mo regularly as the other seams under it The deputies have to prop this np , but it gets so broken that they cannot get the timber under , I have worked in other collieries , and never knew jo hard a bond as thit . I was fined on the 18 th of

    November . I complained abont the machines when I bad been about three moaths on the colliery . I cannot give any account of anything being done to rectify it Since the 20 th we have had 6 S . stopped ont of one tnb . The payment for that tu > would have been 3 Jd . Twenty-four quarts at 3 d . a quart were stopped ont of thit oho tub . That was before we stopped the last time . Never knew such a stoppage as that'befere the bond was put in force . That was the acconnt tak « n from the master ' s man when the tab came to b&nfc I always cfcow the pr ison bsfore working for Bothing . will rather

    Mr . Roberts—Do JOB think all the me » go to prison than work aider that bo » d 1 Witness—T * s The " tes" was re-echoed from hundreds of the pitmen . Cross-examined by Mr . Marshall—I wai fined 8 s . 9 d . Stwo d * ya . Those were the two first dig . of the hat three we worked . Nothing was taken off for the last day . I cannot recollect what was the amount of my fines before the strise . I will swear nothing about wbother I was ever fined a shilling , because my mind is bo distracted with thia oppression that I can swear nothing abont il <] o « d cheer , fcxm tte 34 tow > -

    _ jX Stephen , who had worked at the colliery nearly two years , gave similar £ ^ dence- £ w" ^ Jf the two appointed by the men to inspect the Wd ^ ute Sixteen quarts was the most laid out in one tub . That came out of the main * eam . The a ™ £ «>« 2 » bjud fa worse than the main aeam . I i »« been a cosl hewer u * i , years , and never knew bo herd a bond . Atthougfc I have a wife and five children I wonld ^ rattier go to that caol till April than work under this bond . Crossexsmined-I was bound a Second time hecsnse 1 could do no otherwise . The other colliersj would not bind

    Untitled Article

    Other men might go to other colleries . I will net swear that 100 men did not leave . I can swear that I requested the 26 s . a fortnight , although I have worked regularly since the last binding . There were twentysix men fined on that day . Ijpill not swear that there were only twenty-six men fined in that pit on that day . Mr . Marshall—Will you swear that there were not 100 men . Witness—Na , aw knaw what aw ' a about Reexamined—The keeper said that every other tub might have been set eut if the bond was enforced .. He is the master ' s man . I think his name is Geo . Brown . No man would put splint Into their tubs on purpose . When a man has been fined 8 a . 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 . Roberts resisted the application , and said it was all of a piece with the conduct of the owners .

    ThB Bench conferred some time , but gave no declsion , and Mr . R . proceeded . ' Joseph LongBtaff , 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 K * y . I have heard that the steelyard would weigh either 9 / 6 s . or 14 / 6 s . either way . Kay said this lam not prepared to say whether it would weigh for the roaster or against him , or either way . Toe men were desirous of beam and scales . I have worked under other bonds . I believe this has never 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 magistrates for a summons against the masters for ill usage and had bean refused—Went jirtt to Mr . Hays ' s ofBce , and then to Mr . Haya ' a boose , and then to Mr . Barry , 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 , bat collectively , and that it amounted to a large sum collectively . We wanted some discussion , and no said be

    was not there for discussion , and walked away without granting a summons . Mr Barry ' Js now on the Bench . By 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 trj every means to obtain jtratice froin the magistrates , before they resorted to the strike . By the Btncb—It would ba three weeks gone Tuesday since I went to Mr . Barry . I cannot Bay positively whether he mentioned the day the Bench sat . We were told afterwards that the Bench Bat next day . We did not apply te the Bench next day .

    John Cresswell , who worked in the mala coal had been charged 4 d . a quart for splint for three quarts . [ Mr . Roberts said the bend only allowed 3 d . a quart , out that perhaps made no difference ] Could , not tell how often he 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 was said , should be returned . I think I was never charged more than Is . a tub is a day ; sometimes there were three in the fortnight , and sometimes they took one off . It is the general conviction of the men that they have been cheated by this steelyard . John Xasudeit spoke to the same effect as the Other witnesses .

    Samuel Tomer 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 the dirtiest he had ever worked in . They were erecting a beam and scales now , and that he believed was one result of the present strike . Wm . Wilkinson said Mr . Heccles bad told him be knew the weight was unjust . Mr . Heccles said be knew that it made a difference with the weight aceeding to the end at which the tub went on , and that even a » ne-sided corf would make a difference .

    Mr . Roberts here appealed to the Bench to know if they were not of opinion that he bad made out his cose —that it was impossible for the men to work under this bond . The Bench said the uaual way was for the Bench not to give an opinion whilst a case was in progress ; bnt to leave the matter altogether to the discretion of the advocate . When he had closed his case they would consult and give their decision . Mr . Boberts then called William Turner , anether pitman—Believed if the bond was enforced eyery tnb would be laid out in the five-quarter seam . Had been several timts at Mr . Heccles about tie laid-out and the steel-yard . Told 1 Mr . Heccles they would like to have tbe beam and scales upon the heap . Mr . Heccles said he had business of more importance than putting up tbe beam anA scales to attend to . They were advised by Mr . Roberts to go to work again , in order to pat themselves right with tbeir masters .

    Mr . Roberts was about to call another witness , when the Chairman said that as there was no ohance of getting through the evldense 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 he bad some other prisoners to defend on Tuesday , and solicited an adjournment till Wednesday . Xo this Mr . Marshall did not object , and the case was therefore adjourned till Wednesday morning at ten o'clock .

    Wednesday , December 23 . Tbe Court met this morning at ten o'clock . Mr . Roberts , before tbe Court was opened , again applied fox a summons against the 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 tbe other . Tbe Chairman said the magistrate applied to bad doubtless meant the Board meeting in that district , and Mr . Boberts should apply there . Mr . Roberts had not entertained that view of the case .

    Mr . Marshall then applied that none but the witnesses under examination should be admitted into Court His only object in making this application was that the witnesses might not be prompted by the men behind them . In support of his application Mr . Marshall cited Boscoe ' s Law of Evidence , from which it appeared that witnesses could be ordered out 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 . Toe doors ; were then opened , and the 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 applicat ion once refused , the same motion could not be made again .

    The Chairman , after some consultation with his brother magistrates , said that tbe bench bad no doubt about the propriety of Mi . Marshall ' s application , or that they were bound t > agree to it , but they asked Mr . Marshall if he thought it worth his while to persist in it ? : Mr . Marshall said , under tbe circumstances he would not press it ; and tbe 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 th April . The price for working a tub is a little more than S | d . 4 . 8 an individual I bave nsed every energy to make a living , and have of late thrown off several tuba a day

    to get clear of the fines , and I think if we were to be fined for having a quart of foul coal it is impossible for any man to make a living . At the last reckoning I was fined for four quarts , but they threw one off and only fined me la . , I bad been as careful that d 8 y as I ever was before . I look more than -usual care , because I knew the crisis I was in . I was not fined for more than one tub that day , but I did not work as much as nsaal on that day . I was then ¦ working in . a very bad seam , "where there was a deal of obnoxious gas , so that I could net use the candle , and that was the 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 the fivequarter seam as the other witnesses . ] I have also worked in the main seam , and have been charged 4 ti a quart for what has been laid out The grievances of the colliery are—( first my own)—I was to average 26 s a

    fortnight , and it would be the 12 th before I was employed . For that fortnight I received nothing . The next I received 3 s 7 d , the next 18 s 6 d , and the next 23 s 6 d , and for that I worked in six different parts of tbe mine . I have not received 26 a on average . I have only received that sum for six or seven fortnights . I was to have a comfortable dwelling house , but I was plunged into a house with another family . I com ~ plained to Mr . Hcccles about the steelyard being unjust The main of our grievances were seeing the laid-out and tbe weighing machine . There were two or three different deputations formed ts Mr . Heccles , but some of them were afraid of him . Tbe deputations represented the wishes of tie men generally . The weighing machine was never adjusted to my 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 mote—( hear , hear , and cheers ) .

    The Chairman said if these disorderly praceediBgs were coatinned they wonld be compelled to adjourn to tbeir usual place of meeting . William Ord hod been off ten weoKa from lameness ; bad been fined id ., Is ., aid 2 s . ei . a tab , about the latter end of July ot beginniflg of August That was when Mr . Heccles was keeker . Went to the screenman and asked him what the fine was , and the one pointed this way and the other tbe other , aad laoghed at me , and said it was Mr . Heccles's owji doing . Went to Mr . Heccles , and be asked me if I was sot content with the half-crown , and I said— " No , man , how can I be content with half-a-crown taken off when I ' ve only

    addled 8 s . r He threatened to get a warrant against me They fine us just as they have a mind . It is anything but just Mr . Heocles sent for a warrant , but we got advice from an attorney and the warrant was never got The men were stupid or half-mad when they went home last Friday night On tbe 20 th , Mr . Heccles said the beam and scales should be put up directly if the men went to work . They did go . Mr . Hecclea bad previously promised to put np 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 wonld be about three months since' I think , bnt I ' m sot Qualified to

    Untitled Article

    state the time or anything about it Mr . Heccles made a gross mistake j when we asked for the boxes he sent for the quart pot We did not ask for the quart pot . If Mr . Heccles stated so be has told a lie , and a gross lie . The boxas were that each man ' might * ee hia own . I nave been there when there were 100 , 15 Q , and perhaps 200 , and there was never a quart pot mentioned—ifc was all Mr . Heccles' free gift That 111 swear to . It weald have taken all the men in the colliery to measure the stones . The owners knew that as soon an the bond was enforced the colliery would stand , I think they enforced

    it at last , because they wanted the colliery laid in . The refusal of the 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 the men could not get one . They thought they could not get justice either from the owners or the magitUates . Just previous to the 24 tn , 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 , l will rather go to prison than work at the main coal or any seam they have . I have not earned 26 s a fortnight on the average .

    Wm . Kty—I am weigher for the Thornley colliery , and am employed by the inasters . Witness described the working of the Bteelyard , and said he could make neither just or unjust as he chose , and that be would explain . There were four piviots , and if the waggon were placed in the centre 0 ! them , It wouia weigh justly , bnt if the tub were put to the one aide or the other of these pivota , it weuld give a greater or less weight than the teal'Weight . By the shifting of the Weights the men might lose Slbs . It bore on his mind that 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 .

    . Mr . Roberts here made an application under the weights and Measures Act for a summons against Mt . Hecclta , 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 fraudjuient or not In Gtod ' a name let them have the truth . The application was grounded on the 9 th and 23 rd sections of the Act B and 6 WiL IV . c . 93 , which Imposed a penalty for false balances ia cases where goods were exposed for bargain and Bale , or -when they Were intended to weigh for the purposes of carriage j 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 tad worked at Thornley for one and three-, quarter year . . Worked in the main coal one year . Since the bond had been put in force had been fined 3 d . a quart , and before id ., and Is . a tub . It was then done at ihe discretion of the keeker . If he thought it deserving of It he would lay on Is . For the last quartet tnero had been Is . laid-out to return , but nothing was received for the half-year before . We think we are entitled to have the odd pennies returned , and have applied for a summons against the owners to teeover them . One time I waa fined Is . 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-kouse Weights in the colliery raft yard . Ho took all the weights away I think because they were not just He went on to tbe pit heap and looked at the steelyard but he did not adjust it . He looked at the chalks which the weigher had made , and asked if he ( the weigher ) had given and taken .

    Mr . Marshall objected to what the inspector safd being received in evidence . They should bring the inspector himself . Mr . Roberts would then move for a summons . The Chairman immediately granted the bummons . Mr . Roberts then applied for a 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 . Roberts 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 the fivequarter seam , the bond was never enforced at threepence a quart .

    William Toplis—if the bond had been enforced before it was , the colliery mnBt have been laid in , because the men could not make a living . Mr . Heccles has 0 fired 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 ' s this ? " 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 , and I said to see ; hem laid out He said , " the men are going to get a summons , I suppose ? " I said , " 1 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 ? " I said , " No .

    I did not suppose l could . " He says , "Ift / ou will swear that you could work here for a week or a fortnight ; without having any laid out , you shall have your bread for nothing "— ( loud hootings ) . He said " I should have easy work , I should have my bread for deing 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 Bwear 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 . There was nothing to lead the men to believe that the bond would be more strictly enforced than it bad been before . ¦

    Here occurred a really funny scene . Tbe witness produced specimens of the black brass foul coal , grey splint and good coal : they were so much alike that it would appear impossible to distinguish one from another for the purpose of separation . Mr . Boberts handed them up to the Bench , ( it must be recollected that the magistrates , most of them , get their bread from tbe coal trade , ) and challenged them to tell " which was which . " Then they all peered over together ; two pulled out eye-glasses ; one blew bis nose : after ten minutes' accurate consideration , and twice deciding incorrectly , they gave it up as a bad job . It is worthy of remark , that Mr . MaiBhall did not dare to crous-eramine thia witness .

    Augustus King , during the last three days , had eight shillings taken off himself and marrow , They got 2 s 6 d each for tbe three days' work . They got Is id back besides . Previous to last year there had been sixpence a score additional paid for the black brass . The men were anxious to obtain justice from the masters ; and the magistrates . When the summons was refased the men gave it up as a bad job . They said it W&B as much U&e going to Castle Eden or Durham as going to a mad dog . The colliery will never goon if that bond is enforced . / believe no man will ever work at it . 1 asked for my clearance , and Mr . Eeccles said if be gave it to me he would put something in it which would make me aei work notofteie ^ lyella ) .

    Robert Toplis—If the bond had been enforced tbe colliery could not have been carried on—it would have been impossible for a man to get a livelihood . When working in the main coal he bad been fined foutpence and one shilling a tub . Had been fined five shillings for two tubs in the five-quarter seam the last three days . Had ; frequently heard tbe weighing machines complained of . Robert Walton believed that none of the 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 waa fined 2 a . fid . for lying idle laBt Saturday , It is a dear seam where I work . I cannot say whether half of the men work in a clear seam . If the bond had been strictly enforced we should have been in debt as well as tbe others .

    By Mr . Fox—We had to wurk very hard to get 10 s . a week if the boad were put in force in tbe main seam . If enforced where I am at present they could take every tub sent to bank , and a man would be in debt / It w « s the intention of the men to try to get justice if they could get it I think the men would not have struck if they bad got a summons when it was applied for . Tbe refusal of the summons was a rankling sore to the men , sod was spoken of by them as a refusal of juBtice . Since these proceedings commenced I have heard the men say they would get no justice . Where we work thete is nearly a foot depth of water in tbe middle of tbe way . About three months since , the roof fell in to the ten inch parting , and because I would not remove the rubbish I was fiaad 2 a . 6 d . I might have bad my back broke , but I Was ordered to work , at the same place , and because I did not , and w * nt away , I was fined .

    Reuben Ferster—Had been fined lls 4 d the last pay for th « lait three day * . I wotted twenty-two tubs . When I went to the overman to reckon , he said my coals were lllbs short in weight The hewing came to Ss lid , and I was fined for forty-five quarts at threepeace , which canre to lls 3 d , bo that I was 4 » * il in debt for three days' work . When the pay came oa he deducted twenty-three quarts of the fine , and then I had only ninepenee to receive . He cheated me out of a penny and I only got eightpence . For srme time past every shot we have fired brought down the roof with it Was never flned Us before . If I had I would not have stopped at tbe colliery so lone . Nothing was

    deducted for ay lodgings—I had nothing to give them . I pay ; 4 s for my lodgings . Did not hear the clause about the quart before I signed tbe bond . I will swear it was never read over in my presents . It was not generally blown among the men that the fine was . a fuart I « ign « d Ihe bond in the office . They would ¦ ot let me sign my name , but took hold of ray hand whilst I made my mark . I can write . Would be about two ntiButoin the office altogether . No explanation was made to me ubr the other men who were there . Mr . Heccles aaked if I bad come to get bound , aad wked ray name ; I told him , and he wrote my name and took hold of my hand till 1 made tbe

    cross . Charles V , illett 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 tba pea . Air . Heccles was there . Be asked me what I worked at , and 1 told him I bewed . He pnt down my name , and I then put my cross . . It would take me three or four moments . Since that time neither Mr . Heccles nor any body else has

    Untitled Article

    fcxplainedit to me , neither liave I ha . I a copy given me . I recollect the summons being applied for . When it was refused it operated on the men . Joseph Burnett had been fined 6 s 6 ti . for twentysix quarts during the three last days . He bad only put his mark to the bond though he could write . The bond had never been read to him . He could not make a living under tbe bond , and would rather go to gaol than work under it . Mr . Roberts here took an objection that the warrant was informal , las the date was inserted in figures . The Bench overruled the objection .

    William Park had worked eight years at Thornley . He had earned , on the average , 2 Qa . a fortnight . During the last tfareO days he had been fined for sixteen quarts in one tub . That was on the second of tbe last three days . Would take his solemn oath that there was not u stone in it tbe slza ot bis thumb . The foul was all blsck brass . They could not send up a tub with less than a quart of black brass . He was Is 9 i . in debt af e ' er worktog the three days . Joseph Kirk had worked five years at Thornley , but

    could not tell whether he 'was a bound man ; was told he was . Mr . Heccles wrote my name and took hold of my hand whilst I touched ihe lop of the pen , but I will not swear jtbat I am a bound man . On the first of the last three days I was fined for seventeen quarts ; on the second > day I was fined eight qnarts , and th » next day there were six quarts of foul , but they were not kept off . Worked as hard and as carefully at that timeas at the other . Had to receive 3 * 7 jd . for the three days' work ; that might keep a man and bis family upon potatoes , but not much else .

    Edward Clark—Was three miles off when the bond was read over , but afterwards signed it . No explanation waa given me of the bond at tbe time I signed it / did not know that J was liable to a quart fine . I went with Mr . Boberts to Mr . Heccles , and Mr . B . asked Mr . Heccles if the men wonld 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 , but be would not unless we went to work . Went to work in consequence of what Mr . Boberts said , j Jabtz Wonders had worked six years at Thomley . Was » bound man . The bond was read over to me . I could not write ' , but bad put my mark . When I went to reckon with-the overman I was fined twelve shillings for the three day . J then itoedthree shillings in debt to my master . ! At the « Iose of this witness ' s examinatien the case was adjourned till to-morrow at ten o ' clock .

    I Thubsdat , Bec . 14 . The Court met this morning at ten o ' clock , When Mr . Boberts called—Joseph Walfeer , who bad worked at tbe Sve quarter seam at Thornley since April last . On the three days after the 20 tb , I and my marrow had nine tubs laid out one day , three another , and one another . There were eighty-eight quarts in those tubs . They took s ma of them off , or otherwise we should have been in debt . One day we were in debt . They took some off ; they ] said they had taken the first quirt off every tub . We went to Mr . Heccles on the night

    of the 21 st . He said we were to work away , and he would see aslpaid—supposing we filled the fewer up we were to take paina . My marrow sad me had u = ; 3 a to receive , and is 6 d consideration , which left 7 a 9 d . I always labour as bard as I can , and I did so those days . Tbe consideration money is for the place we work in . If I were to work in the sama place a fortnight it would take me another ( fortnight to Blear myself . It would be impossible for any man to aake a livelihood in the place where I have worked for the last six weeks . It is a place not fit to put a dog in , let alone a Christian . Though I have a ] wife and four children , I would rather go to prison than work the bond .

    Robert Parker , bad worked three years at Thornley , backward and forward . I am unbound . One of the last three days I was fined four quarts , three on the second , and none on the third . Have been in gaol for nine weeks for leaving work five years since . I was committed from ( Grateshead . Robert Richardson had worked in the five-quarter seam six years , j I heard the bond read over , but I was fully aware j that I could not make a living ' if it were put 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 Clougb , who stated that be was appointed by Mr . Heccles to take charge of the stone and foul coals , was examined at'great length ; we can only give the following : — i

    The year before last I was sent to see about the weighing machine by the men . I wished to see if it was just , and I imade application to the colliery for weights to test it and see if it was just , but 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 there was a deficiency in the men ' s surplus weight , and on looking saw there was the main pivot deficient . I made application for those weights again , and found the steelyard had a variation of 12 Ibs 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 Me I 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 wou'd become round in about three weeks .

    Confidence has been placed in me by the maslera 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 p ° rsuaded their , off , for I am against all strikes among bound men . I advised them to apply to the magistrates ; and they said they had refused to grant an order . I then avised them to apply to Mr . Wood ; and they said that they thought it would be of no use , and that ] the only way to / bring the 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 beard it repeated that you had endeavsured to widen the breach between the masters and men .

    A curious scene ] here occurred . Mr . Roberts asked tho witness if anything he had heard could justify the imputation throwa upon him by the Bench that he ( Mr . R . ) had endeavoured to widen the breach between the masters and men ? The question was objected to , and tbe Chairman said that the Bench were not aware of any such imputation having been thrown out Mr . Boberts said , such an imputation had been thrown out by those who ought to be ashamed of themselves for doing so . ! Mr . Elliot said he believed Mr . Boberts alluded to an observation wbicb 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 Mr . Boberts then did , and it was in consequence of that that the observation fell from him . i

    Mr Roberts said none was more aware that Be possessed an infirmity of temper than himself . He had done all be 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 must 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 ss it had come he would use every exertion , and fiat juslilia rual cos ' um . i ¦ . Mr . Elliot would grant all that , but what had it to

    do with tbe observation . He thought Mr . Roberts ' 8 conduct could only be styled indecent ; and he only regretted that on { that occasion Mr . Roberta ' s worda were not taken down by the magistrates' clerk for their consideration hereafter . If after that time there had been any expression of regret , and if the case bad been carried on with decency—if there had been any expression of that kind , I be should have been tba very 8 rst person to have wished that ^ eyerything should have been forgotten . 3 ^ Mr . Boberts—So far as your speech applies to me t throw back its imputations with all the contempt tjbey deserve . i

    Mr . Elliott made some remarks about " a Court of Justice . " ! Mr . Roberts—A Court of Justice indeed 1 Some men ean only be lashed to ja&tice ! I have applied th £ ash , and vigorously . Cheers from tbe jgallery , that were really deafening , greeted the enunciation of this most wholesome truth . For a moment their " worships" seemed " bothered " —confused—did not now what to do . At last they all ran out together . ; After about half ] an hours' absence they returned , when the Chairman ! 'handed to Mr . Hays a resbutlon , wbicb be said had ) been unanimously agreed to , and which , at the Chairman ' s desire , Mr . Hays read . It was as follows : — i

    " The Bench is of opinion that a gross contempt of Court has been committed by Mr . Roberts , in the observations just addressed by him to the Bench , which in a superior Court of Justice would have led to immediate commitment ; land the Magistrates are willing te hope that another jmode of proceeding which is open to the Court may be rendered annecessary by a proper apology . " } _ Mr . Roberts—I beg to withdraw the observation to which the Magistrates have alluded . Dr . Fenwick—There is bo apology in that ; you ought to say that you are very sony , and will oevsi do it Main . j

    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 abhorrance . However I will Withdraw any expression you dislike j and if that expression is ip reply to a charge against me I will repeat it again . + Dr . Fenwick said I something which 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 magistrates , which I felt bound to resent , and I always will resent any imputations on my conduct , whether made by magistrate or judge—aye , even by a Sovereign ; yet out of respect to the judicial character of the Court I will withdraw the expression . But I will always resent snob a thin ? at the time , and will throw back with scorn and contempt every imputation attempted to be thrown on me .

    Untitled Article

    Mr . Spearman—it would be an extremely easy process indeed if a gentleman standing as you do , ana acting in a superior court , were to be guilty of a groaa coDteropt of court , and were to acquit himself of that contempt by merely saying that he withdrew the ex . presaion . I think you cannot withdraw tha expression . Ifc was given utterance to and cannot ba -wjibflra-iva , and I consider that for the use Of those contemptaous expressions we should feave been warranted in immediately committing you to prison—that we might have done ifc , and that a snpsrior conrt would ? nve done it We think that there 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 is for yon to consider whether what yon hove just said is a proper mods of acquitting yourself or not .

    Mr . Roberts—Acting on my own judgment , I considered I had offered all that the Conrt required , when I said I withdrew the expression . When I said that I meant I will withdraw it—I wish it had not been said . ' ( After a panse ) . If there are any words to put in to express it , I will put them in . Mr . Spearman—I would say that the expression wag an improper expression , and that yon are snswtrable for it . Mr . Roberts—If the expression that I have endeavored to widen the breach between tbe masters and men ia Withdrawn , I will retract my assertion Mr . Spearman—But you also said that the lash yras necessary to drive some men to do justice , and that you had applied that lash . Mr . Roberts—I say so still . I apply the impur . t : on very much to the masters , aad I am Borty that lher < arc sometimes masters on the Bench . ( After a pause .-. I withdraw the expression .

    Mr . Fox—It bad batter be considered aa not having been uttered . This seemed to bo agreed to , and after a short interval , — Mr . Roberts again rose and said—That being accepted , I now say that I moBt sincerely apologise for it I should consider myself unworthy of the position ! bold if I did not feel indignant at the " 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 which every honest man must feel at the disgusting farce . And now having expressed it I will apologise for it . The Chairman— The Bench are quite satisfied . Mr . Roberts again rose , and asked if the Bench ^ ere not satisfied that the men generally were of opinion that they could not work so as to earn a livelihood under the present bond . He put thtj question to save the time of the Court , bo as to prevent tho necessity of calling all the witnesses .

    Mr . Marshall objected to the Bench being thus caliea 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 evidence , and that they would take it as if they had ail sworn so . John Hudson , the Inspector of Weights for the dietrict , was then examined . He had been sitting beh nd the owners , and had enjoyed with them a comforuole chat It would be wrong in us to speculate upon the effect of this . However , he swore that the eteei yard weights , and everything else , were all right . Afterwards , on being pressed , he admitted that some time ago he found some weights all Wrong ; and that the weights in question Were lumps of lead , " not tuch rs were recognised by the law , and therefore he could not

    stamp them . Mr . Robarts applied to be sworn . Tbe Chairman said this was a very novel request . . Mr . Roberts said he wished to state the circumatmcea under which the men had acted . Mr . Marshall thought it would be like giving Mr . Roberts an opportunity of making another speech . After some further conversation , Mr . Roberts was sworn and said—I am the attorney employed by the colliers of the two counties of Durham and Northumberland to defend them and act generally as their legal adviser . In that capacity I have several times during the last two menths been called on to advise the men of Thornley colliery . They have com ? plained to me of the steelyard being fraudulent , and I

    directed them to apply to the viewer on tbe subject , and alBO to go to the inspector of weights for his advice . Afterwards I was informed that this had been done , but with no result . I recommended the men to continue at their work . On Sunday the 19 th of November , having beard that the men were unsettled in consequence of the weighing machine still remaining unadjusted and other grievances , I diove over to Thoinley and saw several of the men that night ; 1 held a meeting of the men afc six o ' clock the following morning , and succeeded in persuading them to xrturn to work , and I would try to procura a rtdrera of their grievances . We then all went together to the bouse of Mr . Heccles , the viewer . He came out and 1 addressed him in the presence of the

    men . I observed to Mr . Heccles that the men complained of the weighing machine that it was unjust , and requested him to erect a beam and scales . He said be would , but could not do it immediately ; he had . other things to do . I pressed the point uponhim , and he then agreed to do it directly . I then spoke of the laid-auts . These the men bad complained of , and I asked him to be more lenient I read froai a paper furnished me by the men . He . replied , he should 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 avny , but returned immediately , and asked him , as he meant to enforce the bond , and tne men could not live under it to

    give the men their clearance . This be refased . After this I left him . Mr . Beasley was with me the whole time . Tho men followed as . I did not know how to advise them , and drove on for about a quarter of a mile . Then Mr . Beasley as well as myself addressed them from the gig . We advised them to return to work as soon as possible , and to apply for tbe beam and scales directly , and we stated that we did not believe that the owners would enforce the bond , notwithstanding the assertion of Mr . Heccles that ho wonld do so . The men promised to comply , and we drove on to Lanchester , where we were to be by nine o'clock . A fewdays after , I believe on Thursday , tbe 23 rd , a deputation from Thornley Colliery waited on lae , and infoomed me of the 22 s . being stopped from one man ,

    and the other cases detailed in the evidence , and that the bond was now so strictly enforced that it was Impossible to obtain a living under it Under these cirenmatances I declined recommending them to return to work , and I held out a hope that I might persuade the magistrates to reason with the owners on the subject . I do most firmly believe from the conversation ot the men , any small aot of justice or conciliation would have gone far towards inducing them to go to work again . Cross-examined by Mr . Marshall—When I was before Mr . Heccles , Mr Beesley did not use any insnlting language . I do not recollect Mr . Beesley saying that he would not believe awetd Mr . Hecoles 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 . Hecclea was making any assertion . Mr . Heccles said be would put a beam and scales . I think with an extraordinary nnmber of men , the beam and scales might be put up in a night , but 1 know nothing about it . I understood Mt . Hecclea 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 hand which was admitted to contain the propositions of the owners . It was to the effect that the owners had no inteaf . on of making any alteration la the previous mode of inflicting fines , nor was it their intention to do so in future . If the nun returned to their work immediately , the owners would use every means in their power to obtain a satisfactory settlement and a remission of the punishment of the men in

    prison 3 Mr . B ( berts continued—I stated that this very document was a condemnation of ( he masters themselves In It they stated that up to a certain period they never intended to enforce the bond , and yet it was because those three men had refused to work under that 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 others were released from prison . I understood the masters to admit that the bond had been more strictly enforced lately than before , but I am not quite positive . I hove certainly very great doubts it was said if tbe owners do not admit it , I believe , on consideration , it was not said . I stated that the great error and awkwardness was in my opinion the three men being in prison ;

    but that I wonld use my utmost efforts to bring abont a reconciliation . I am not able to say ¦ whether the negotiation terminated abruptly in consequence of an expression that fell from Mr . Beealey . I think it terminated about the impossibility of getting those men out of prison . Another attempt was made on the following day for & reconciliation , and I saw a deputation from the men , who expressed themselves very anxious to do what was right , and they agreed to give » p the release of the prisoners for the next two or three days provided that I and Mr . BeeBley in tfee mean time would exert ouraelveB to have their grievances remedied . Mr . Beesley and land some of the men were to wait upon the viewers ; talk the matter over .

    and endeavour to make terms satisfactory to all parties . This w * B tiie time that the magistrates adjourned to one o ' clock . I went to ^ JHr . 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 convietion that the whole matter might be arranged by Wednesday , and the men consent to reUum to their work on the arrangements being perfected , and before I requested the magi * , tratea to apply to Sir James Giahsm for the r « le&N of the prisoners , I made it a point with the men that ihey should be actually at their woik ptiot to tha Itfagiatrates making that application , and they complied with my request ,

    By air . Marshall—That negotiation was broken off ia consequence , as I understood , of the owners refusing to ento inter the negotiation before the men returned to tbeir work . I declined recommending the men to go to their work until I , by conversation with the ownen , bad ascertained that they were willing to jycMp f bat was fair and just . I believe the owners jH ^ an weJ ^ V wish to enter oa this negotiation direc ^ Kps@Sai * £ j ^ ^\ [ Here a small por tion of our MS . haviTOjSSg ^ lsla 3 H ^' j ^ \ we are unable to give the conclusion Ji MJ . ^ vb ^ rtlst ' ii '"^ i : \ exauiiuatioii . ] i * T ^~ V& j ^ i ' ' , ¦ : ' ; ' ¦ ,., . ' - ' .. ¦ Z ( Continued in our Eiahfi ^ pige / j * £ ¦ > i > . ?^

    Untitled Article

    _ THE NORTHERN STAR- | f _

    &!)* Caf Ltmr M*Tetn*Nl

    & !)* Caf ltmr M * tetn * nL

• 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-ncseproduct833/page/7/