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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.
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THE THORNIEST CASE—MOST EXTRAORDINARY PROCEEDINGS . _ The fellowin ^ evidence " war given after Ota dose of Sir . Roberta - speechr -we had not space for it in cm impnasoon of-lart week ; but this we do sot regret ja our readers irffl now have the whole ease for the iJefecee before them . We have bsen compelled te curtail the evidence of Home of the witnesses , but all important fact * ire given . The first witness tailed byMr . Roberte-was . John Cootson—I am a servant at Tbornley Colliery . I don't think that a man coold gets living there if the bond w »? to be carried ont in Its strictness . If a quart rfeoalsin a tub is to be fined I am sure a man cannot orfa ftcup . I will go to gaol before 1 will go again to work under the bond . Cross-examined by Mr . > larihall—I cannot tell how much I was fined the l ** t fortnight-i waa paia . The bond had not then bean pnt into operation . I wan fined abouS * dulling the last fortnight .
Matthew Dawson—I work af Thomley Colliery . Hare worked thsre two yean « ome ApriL * It is not so easy to obtain a living there now &s it « i three months agoi . Uaaae the bond Ads never been pvl in force tlU 3 &v ) - If the bond is pat in fores In the five-qaarter seam it is Impossible for a man to get a li Ting . I was a check against the ] two men employed by the owners , lor the men . There was a good lew layings-out . They could have laid oat a great deal more than they did . I recollect 22 s . being laifl out / or one man Re examined —All the tubi contained foul coal , bnt . all were not fined . Jf til had been laid © nf that might have besn , they would hare to Hop the pit . Thomas Darmot Moan—I work at Thornley Colliery . The quantify of coal laid oat has lately been more than hefere—since , the bond was acied on . I cannot earn a living if the bond is carried out . I am sot a bound man ; but 1 would rather go to gaol than work under the bond .
Cross-examined—Two of ns hare had twenty-six Snarta laid out in three ^ days . Did not keep any account ofthe fines during the previous twenty weeks Will not swear I was fined to the extent of 20 s . or 10 s . I Brink I would be fined 5 s . I belieTe I was fined £ 1 7 s . the hut fortnight I was paid ; Be-examined—Tte bond had not then been enforced . The fine for the twenty-six quarts was 6 s . 4 d . There were two of us for that John James Bird—I hare worked at Tbornley Colliery a year and . seven months . The bond has been acted on more stringently during the last fortnight I doubt -ray sraeb that an average man could m&ke & Irving undtr the bond . The steelyard h&s been a gataal mbject of complaint for the last ten months . I would ^ prefer the prison to working under the present bond . " CroES-eraxained- —I am not a regular pitman . The keeping eff of a half-crown was not the cause of the men striking .
Wn . Wearmouth , another pitman at Thornley—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 esforced-before for the quart of stones . Jftnf 6 ntd an honest man could not obtain a living . The men 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 pot np directly . I have been in gaol b&fore , and 1 would rather stop there for ever than work under this bond . Cross-examined—I requested Mr . Heccles to hare the mitehine adjusted a month or two ago , at his own house . There were a good many more with me . Toe request was . to adjust the machine that was then , but it is a fresh one uo-ar . Ail the men Trotted was a just one-J Two men were > ppointed to go and see the weighing machine adjusted .
George Naisbett—I worked at the colliery formerly —three-quarters of a year before . I . heard complaint ? about tee weighing machine . Some men sent to Mr . Heedes on the 13 th of Uovamber . The bond was not enforced the jrevionj part of the year . I ' don't think ii possible for aterage men t * send np tubs without one quoit d 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 hronghi in debt to tbe owners . They were honest men , and average workers . This closed the evidence of the first day . Friday , Dee . the 8 th , commenced with a scene which the local papers assert "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 , if eontested by men who , as in the present instance , gloried in exposing it—in " lashing" their " worships " till the rogues squeaked hi agony .
On Friday , the Court met at ten . e ' clock , and Mr . Boberts 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 in dispute had been agreed between the parties , but the owners stiil stack out ob rome , and nothing satisfac tory had been agreed to—dond shouts from the pitmen ; and general confusion throughout the Court which continued for some time ) . : ComparatiTe order having iteen restored , the Chairman appealed to
Mr . J . E . Marshall , who said , the Thomley Coal Compan ? had had a meeting , and he would state the result Which they had come to it that meeting . Mr . M . was about to read orer the resolutions of the Company when another scene of disorder ensued . 3 Sx . Roberta proposed to submit the matter to reference . Mr . Marshall—To whom would you refer it ? Mr . Roberts < with great -vehemence)—Not to aeoalowner , or the relation by marriage or any other way of a coal-owner—not to a viewer—not e ^ en to Mr . Seccles—( loud cheers and groans from the pitmen ) . Mr . Marshall—Do you mean , then , two hewers er colliery workmen ?—{ groans and uproar } . Me Roberts—It seems the colliers are to be thankful that you send men to prison for what . you admit U > be matters of doubt—{ great cheering and uproar from the pitmen ) . I will name Mr . Mather , of South Shields , as one of the referees . I belieTe him to be a friend to the
men , a men * to the masters , andibfe friend of justice—( hear , hear ) . I say it is a rascally thing to have tho * emen bwe ^ greatxiwering from the pitmen ) . Tb « Ckarrm&n—I must request most earnestly—I must insist that this sort of impropriety shall sot be used . I have checked it on both sides , and it is impassible to allow it consistently with the du&administration of jus-Bee and the dignity of the Bencb-H uproar ) . Mr . R&berts , with great energy , —I repeat , the men h&TB been -unjustly used . ( Cceera . ) The Chairman made some observation which was lost in the uproar , Mr . Roberta , with increases Tehemencej—I repeat it { Great cheering and uproar . ) Dr . Pen wiek . —I say it is a base and insolent misitattJBeat . { Uproar . } Mr . Raberte , to Dr . FeniFiek , —I cannot hear yon ! A laush . ) .
I > r . Fenwick . — "Sol yon are Tery conyeniently deaf . ^ Uproar , which continued some time ) Mr . Elliot—These remarks can only be made with a -view to -widen the breach which exists between the men and the masters ; tfcey cannot be Blade for the good of the men . Mr . Roberts . —The men have been mads mad by what the Btnch said last sight { Loud cheers , and agitation . ) They cannot be excited more . ( Renewed cheer * . } The Chairman . —All the improper and insulting language used on your part will hare no ttflofcnce with the magistrates , who are prepared to extend the principles of equity and justice to the workmen . ( Tumult ) .
Mr . Roberts , addressfcg the chairman fiercely , — 1 Ton " know yoa are TLcflfc to occupy that seat t your condact is most partial and disgraceful . Before my case was closed you delared from that Bench on which yon wafer no concur , fhai the mat were pviliy I Is that theBpirit—TfiUnderinz groans from the gallery mixed with contemptaons yens as the Bench pretented the conclusion of Mr . R . "a sentence being heard . The Chairman—It was jnet ho stated : It was not stated from the Bench that the men were guilty . Mr . Roberts—Pause , ere yon add the guilt of falsehoods The hundreds in the gallery heard the accursed y pe&cfi . v TheChainBsn—It was not stated iron the Bench that the men were guilty , Mr . Roberta . —You did state bo . — ( Tremendens « prow . )
The Chairman , with ^ reat heat , and Btarupingiwith his ieet—It Traa not so stated—it was stated &at there was m&tte ! foj consideration . ^ ' Mr . Roberts , also stampinf—Aye , I ts&itasip toothere ' s but little argument in that— - { Load cheers and laughter }* -111 After seme more altercation the chalrmBi rat down — -put op his b * cta and coaxed tbeso . Then another « Jastice" toot np the endgelB ; the great game of the " unpaid" isiomake Uiemenbeliete that they (" the Jnstiee * ") wouWbe more merciful if that Mr . Roberts would bat be quiet , and let them da it comfortably . " Mi . Elliot—I trurt that the men here hare sense -enough ta « e that their adToeate is nok atteraptiDg to lerre their interests , bat solely to -widen the breach wiBdmnfortuaately exists between them and their
Mt Roberts TehsmenOy , pointing to the three pritonen , —That Is the breach—those three men { indescribable tumult , amidst which Harewood ttarted up ^ ad bawled out at the fall pitch * f his- ? olce , *• 111 go to gmcA fat one , **— ( gre * t tsneering zm& renewed uproar f olto wed ~ flil » tally ) . HSx . JElliot—P < a my part I am dttemiaed to do my doiy unflinchingly , whatever maybe add either on one aide or the other —( uproar- ) The Chairman , recoTCring himself and pointing to Mr . Roberts ^ -The magistrates have no wish to act on other principles than those of impartial jusHce , and it is impossible that the Ccurt can submit to such groffl insolence from " . the man triio sils aa-e" * —I gjoans ) .
Mr . Robert *—1 am instructed that in the trial of these thrsemen , thB ordinary lorma of eTery court in the kingdom haTe bean violated . Por my own part I do aot care a farthing for the mere technical objection ; but I am told that these three mtn wers each charged with
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a separata offence , and 1 again say that the custom of every county has been violated in trying these three men together—( lond cheer * from the pitmen ) . I again , continued Mr . R ., a&r to refer this matter to arbitration—to refer the question whether the bond is a fair one —( hear , hear , hear ) . I hare endeavoured as much as possible to reconcile the men and the masters . There are a dczm Collieries which would now haTe been ont of work but for me . ^ f tare induc&d the men again to go to work at Cassop and Framirellyate Moor Colleries . I belieTe the peace of the Colleriesis 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 ) . - If o answer was made to this proposition . The Chairman—Let the ease go quietly on . Mr . Marshall—Do you propose to refer the whole Question of the bond ?
Mr . Roberts—I am for the whole question af 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 . Roberts—I will refer the whole question to arbitration . —Some further conversation took , place , which ended in Mr . Roberts rising and saying , I 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 their return it was evident , from sundry shakings of the head , that no arrangement had been come to . In reply to the Bench—Mr . Roberts said be was sorry to say that they conld not agree with regard to the men in prison , whom it seemed impossible to get cut . The other points could haTe been arranged . The Chairman—Their liberation does not rest with the owners , or even with the magistrates .
Mr . Roberts—I think wa could get over everything else with the exception of these men . Even supposing everything settled , these men still stand in the 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 swh on applfoaiion vetfe made by { he Magistrates , I have lift !* doubt but it would be acceded to . Mr . Roberts—I have great doubts of It myself . If I h&d been ben at the time these men were tried , I think I canld 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 . 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 . Tne Court re-assembled at one o'clock , when Mr . Roberts , without any observation , proceeded to call Win . 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 place I beg to request that you will postpone the further consideration of this ease 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 advantage to both parties ; and I also pledge my best belief that that can be effected . Btfore sitting down allow me to state that I think the magistrate ! would do wall to decide that a
weighing machine , consisting of beam and scales , should be established everywhere , and that they should fee Stamped by the proper officer of G jTenunent Wishing to promote that reeonclliatUn , 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 , in 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 I had good reasons for believing so
Mr . Marshall—I am instructed to say on behalf of the owners of Thornley Colliery that they have no objection to the proposition of Mr . Roberts , provided Mr . Roberts on the part of the pitmen should promise to resume work . The Company think that whilst the men continue $ o violate the agreement , it would be inr proper to listen to any terms of compromise . Mr . Roberts—Do you mean that yon will net argue the question with me unless the men previously go to work * Mr . Marshall—Tea , William Henderson was again called , but previously to the commencement of his examination , Mr . Roberta said—I have already made the application with the consent of the opposite party , and I now make the application without tbeir consent , to postpone this case until Wednesday ; * nd 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 . . ~ : Ml . Roberto—The interval which 1 had with your permission was not long eneugh 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 . Dz . Fanwiek—The beach find themselves in a situation of very great difficulty . They have beard 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 . Roberts—I shall not make any further application , tCheers from the pitmen . ) I have done my duty . There has been ii . a tub taken away from the men when there should 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 , ey means of a deputation . I belieTe the matttr will be settled . 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 mc 6 t 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 , tttiri after' an absence of nearly half an . hour returned into Court , when
Tu& Chairman rose and said—The magistrates have taken everything into their serious conjdder * tion , 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 Courl ? Mr . Roberts— Nothing further has taken place . The Chauman—Then it is impossible on the application of one side only , with no paiticula * reason assigned , to grant the application . You had better go on Mr . Roberts . Mr . Roberta immediately proceed i » call
William Henderson—I have worked at Thornley Golliery since April last Since the 20 th November last mar * coal has been laid ont than previously . I wcrk in the five-quarter seam . At the bottom of tha * Beam there is & band of black brass , running from l | to i inches in thickness . On the top of the coal is a band of grey splint abont four inches thick ; on the top o ! that a band of white stone runB to near eight inches thick , and when we hew the coal all ViUTtas come down regularly the last six weeks when 1 have worked . It Is not possible to get all this out of the coaL The black brats is hewn with the coal . It goes into the tub also . We cannot conveniently get it out because it is wrought with the good coal The black brass is as liable to be laid out as other things . From the colour of the black brass
it ia not possible to separate it from the coal We have only a Davy lamp to pick it ont with , and from the want of air tee are almost it'Jkd , so that a man cannot tell altogether what be is about w&en be is doing it . We canDwt tell the bl £ ck brass from the other when it iB wrought down the pit , because it gets bo mixed with the rest of the coal . The light is dimmer with the Davy lamp than with the ordinary candle . There is a ten-iach band above the others I have mentioned which generally comes down with the coal . That is called foul coaL It does not come down so regularly as the other seams under it The deputies have . to propthls np . but it gets so broken that tbey cannot get the timber HDGET . I have worked in other eollieries , and never knew v > hard a bond asthis . I was fined on tbe 18 th of Nc-7 « nber . 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 ont of tnb
Sines the 20 th we have had 6 S . stopped one . The payment for that tn * would have been 3 Jd . Twenty-Jour 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 the bend was put In force . That was the account taken from the master ' s man when the tub came to bank . 1 always chose the prison before working for nothing . Mx . Roberts—Do you taink all the mea will rather go to prison than work sader that bond ? Witoew—Tea The " tes" was re-echoed from hundreds of the pitmen Cross-examined by Mr . Marshall—I wa » fined »* . » d . for two days . Those were the twoiln * days of the last three we worked . Nothing was taken off for the last day 3 cannot recollect what was ttie . WSKmiAof my fines before the strike . 1 will swew nothing abtwt whether I was ever fined a shilling , because my mind is bo distracted with thii oppression thatJ can swear nothing about It—( loud cheers firom the pitmen ) . .
John Stepbenson , who had worked at the eelliery nearly two years , gave similar evidence—I waioiwrf the two appointed by tha men to ia * peet ibe laid-ont * Sixteen quarts was the moat laid ont In one tub . That camo cut of the main eeam . ThefiTB-quarteiietmiH worse than the main seam . I have been a coal hewer vtniy years , and never knew so hard a bond . Although I havs a wife and five children , I would rather go to that gaol till Acril than work under this bond . Crossexamined—I was bound a Second time because I eould do nocaaerwUe . The other colliers ; would not hinfl .
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Other men might go to other colleriea . I will not swear that 100 men did not leave . I can swear that I requested the 26 s . a fortnight , although I have worked regularly-Bince 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 that there were not 100 men . Witness—Na , aw knaw what aw ' a about Reexamined—The keeper said that every other fu& might have been set eut if the bond teas enforced . . He is ( he master ' s man . I think his name is Gab . Brown . No man would put splint into their tubs on purpose . When a man has been fined 8 s . 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 apiece with the conduct of the owners .
The Bench conferred some time , but gave no decision , and Mr . B . proceeded . ¦ ' Joseph Longstaff , another pitman—It was of ten 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 beard that the steelyard would weigh either dibs , or 14 / 6 s . either way . Kay said this . I aai 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 never been in operation fully . I am prepared to say from my own obserration 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 aud . . had been refused—Went first to Mr . Hays ' s office , and then to Mr . Hays's house , and then to Mr . Barry , the magistrate . Mr . Barry came oat and asked what we wanted . We said we wanted a summons for non-payment of wages . He asked the sum , and we said three shillfngs . 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 there for discussion , and walked away without granting a summons . Mr Barry \ is now on the Bench . By Mr . Elliot—I was referred by Mr . Barry to maka application to the Bench . By Mr . Roberts— I have heard you tell the men to try © Tery means to obtain justice from the magistrates , before they resorted to the strike . By the Bench—It would be three weeks gone Tuesday since I went to Mr . Barry . I cannot say positively whether he 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 CreBswell , who worked In the main coal had been charged 4 d . a quart for splint for three quarts . [ Mr . Roberts said the bend only allowed 3 d . a quart , but that perhaps made no difference 3 Conld not tell how often he had been freed . 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 Sd . At the last pay , the difference , it was said , should be returned . I tbluk I was never charged more than Is . a tub in 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 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 Tbornley was the dirtiest h « 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 aaid Mr . Heccles had told him be knew the weight was unjust Mr . Heccles aaid be knew that it made a difference with the weight acceding to the end at which the tub went on , aud that even a one-sided corf would make a difference .
Mr . Roberto here appealed to the Bench to know if they were not of opinion that he had made out hi * case —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 slosed bis 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 belaid out in the five-quarter seam . Had been several times' at Mr . Heccles about tJze laid-out and tbe steel-yard . Told Mr . Heccles : they would like to have the beam and scales upon the heap . Mr . Heccles said he had business of more Importance than putting up the beam and scales to attend to . They were advised by Mr . Roberta 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 tbe evidence that night , the Bench wished to adjourn the case , and as tbe next day was the petty sessions , they thought of adjourning till Monday or Tuesday—Mr . Roberts said he 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 . Tbe Court met this morning at ten o ' clock . Mr . Roberts , before tbe Court was opened , again ap . plied fox a summons against the owners ot Wingate Colliery . In compliance with the opinion of the Bench he hai 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 . The Chairman said the magistrate applied to had doubtless meant tbe 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 but tbe 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 bis application Mr . Mar * shall cited Roscoe ' 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 . The doors were then opened , and the public admitted , when Mr . Marshall renewed his application . Mr . Roberts opposed the application on tbe grounds that the application was too late , and that an application onoe refused , the same motion conld not be made again .
The Chairman , after some consultation with his brother magistrates , said that tbe bench bad no doubt about the propriety of Mr . 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 the 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 tbe 15 lh April . The price for working a tub is a little more than 3 jd . 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 fine * , and I think if we were to be fined for BaviDg a quart of foul coal it is impossible for any man to make a Jiving . At tbe last reckoning 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 the crisis I wa » in . I was not fined for more than one tub that day , but I did nob work as much as usual on that day . I was then working in a very bad seam , where there was a deal of obnoxious gas , so that I could not 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 fivequarter seam as the other witnesses . ] I have also worked in the main Eeam , and have been charged 4 d a quart for what has been laid out The grievances of the colliery are ^ - ( first my own)—I was to average 269 a
fortnight , and it would be the 12 th before I was tmployed . For that fortnight I received nothing . The next I received 33 7 d , the next 18 s 6 d , and the next 235 6 d , and for that I worked in six different parts of tbe 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 , but I was plunged into a house with another family . I complained to Mr . Heccles about the tteelvurd being nnjost Tbe main of our grievances were seeing the laid-ont and tbe weighing machine . There ware two or three different deputations formed ta M * . Htccles , but some of them were afraid of him . The deputations represented the wishes of the men generally . The weighing machine teas never adjusted to my knowledge . I thiuk the prison Is a place to -ernicb I should not like to go , bat I would rather go there than go to the colliery any more—( bear , 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 seen fined 4 d ., Is ., and 2 s . 6 d . a tnb , abont tbe latter end of July or beginning of August That was when Mr . Hecdes was keeker . Went to the scretmman and asked him what the fine was , and the one pointed this way and the other tbe other , and laughed at me , and said it was Mr . Heceles ' s own doing . Went to Mr . Heccles , and he asked me if 1 was not content with the half-crown , and I Bald— "No , man , bow can I ba content with half-a-crown taken off when I ' ve only
addled Ss . ? " He threatened to gel 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 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 werfc . They did go . Mr . Hecdes had previously promised to put up a beam aud scales . At one time be told us he had had them lying hi his storehouse for six months . I am positive about . that ; that -would be about three monthl since I think , but I ' ax not qualified to
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state the time or anything about it Mr . Htccies inaSo a gross mistake ; when we asked for the boxes he sent for , the quart pot . We did not ask for the quart pot . It Mr . Heccles stated so hehaa told a lie , and a gross lie . Xheboxaswe ^ thateaph man might see his own . I haye been thei ^ fceh there were 100 , 150 , and perhaps 200 , and there ws # never a quart pot mentioned—it wa , * I - Secoles * free gift ? That 111 awear to . It would have taken all ' the-men in the colli « ry to measure the stones . The owners knew that as soon a « the bond was enforced the colliery would fitand . I think they enforced
it at last because they wanted the colliery laid in . The refusal of the warrant which was applied for « D ?* irritated the men ' a minds , because they tnought the master could get a waggon load of warrants and » he men conld not get one . They thought they cou' d not get justice , either from the owner&or the magiifratcs . . Just previous to the 24 tb , the men came to the reaoluturn that they would stand forever unless they got J ii 8 " tr very ma ° 6 ° P tisoii ****** tnan 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 . Kjy—I am weigher for the Thbrnlay colliery , and am employed by the matters . Witness described tbe . werking of the steelyard , and said he could make it either iust pr unjust as he chose , and that he would explain . There wore four piviots , and if the waggon were placed in the centre of them , it would weigh justly , but if the tub were put to the one aide or the other of these pivots , it wanid give a greater or less we gfit than the reiil weight . By the shifting of the weights the men might lose 5 lbs . It bore on hia mind ,, u ' T * 1 wel 8 h « d lWbs . wrong on one side , and ilbs . on the other . Re-examined—Did not think he conld do justice by this machine .
_ Mr . Roberts here made an application under the Weights and Measures Act for a eummons against Mr . Hecclts , la order that the steelyard might be brought into court . He said it was a fraudulent one . A great part of thla inquiry depended on whether it was fraudulent or not la Ctod * B name let them have the truth . Tbe application was grounded on theflthand 23 rd sections of the Act 5 and 6 Wit IV . a 93 , which imposed a penalty for false balances in eases where goods were exposed for bargain and sale , or when tbey wore intended to weigh for the purposes of carriage ; but nothing whatever was said about balances for weighing between master aud 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 Thoraley for one and threequarter 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 4 d ., and is . a tub . It was then done at the discretion of the keeker . If he thought it deserving of it he would lay on la . For the last quarter there had peea Is . lald-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 recover them . One time I was fines ! is . which the keeker said
was for splint , when there was not a bit of spliot Where I was working . The men are tired of applying for sum * mouses . 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 Bummer when be was at Thornley . He was then adjusting thu store-house weights in the colliery raft yard . He 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 said being received in evidence . They Bbould bring the inspector himself . Mr . Roberts would then move for a summons . The Chairman immediatefy granted the summons . Mr . Roberts then applied for a summons to Mz . Heccles to produce the machine . The Bench after some consideration decided that there was no necessity to have the machine produ&sd } n Court Mr . Roberto claimed it as a right The Bench—Then we decline giving any order . Examination resumed—The inspector stated that , he could not adjust tbe 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 must have been laid in , because the men could not m » ke a living . Mr . Heccles 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 Bays " Who ' s this ? " I said " Toplia '" He says , "I suppose you want the boxes , dont you ?" I said " Yea , of course . " He BBked what we wanted with them , and I said to see ( hem laid out He said , " the men are going to getn summons , I suppose ? " I said , " I don't know , you are likeliest to know . " He Bald , "Da y » u think you could not work here a week or a fortnight nnd have none laid ont ? " 1 said , << No ,
I did not suppose I could . " Hs Baya ,. " If you will swear that you could work here fora 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 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 binj a nice man . I recollect ! 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 . There was nothing to lead the men to believe that the bond would be more strictly enforoed than it had been before .
Here occurred a really funny scenes Tho 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 . Roberts handed tfaem up to the 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 alt peered over together ; two palled out eye-glaeses ; one blew bis nose : after ten minutes' accurate consideration , and twice deciding Incorrectly , they gave 11 up as a bad job . It la worthy of remark , that Mr . Marshall did not dare to cross-examine this witness .
Augustus King , during the last three days , had eight shillings taken off himself and marrow . They got 2 a 6 d each for the three days' work . Tbey got Is 4 d back besides . Previous to last year there had been sixpence a score additional paid for the black brass . Tbe men were anxious to obtain justice from the masters and the magistrates . When the summons was refased the men gave it op 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 go on if that bond is enforced . / believe no man will ever worlt at it . I asked for my clearance , and Mr . Heccles said if he save it to me he would put something in It which would make me get work nowhere—( yells ) .
Robert Toplis—If the bond had been enforced the colliery could not have seen carried on—it would have been impossible for a man to get a livelihood . When working in tbe main coal be had been fined fourpenca and one shilling a tub . Had been fined five shillings for two tubs in tbe five . quarter seam the last three days . Had frequently heard the weighing machines complained of . Robert Walton believed that none of the men would have been bound , it they had known that the bond would have been enforced . I have not been fined for any off-take , but was fined 2 s . 6 d . for lying idle last Saturday . It is a clear eeam 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 ia debt as well as the others .
By Mr . Fox—We fead to Work very hard to get 10 s . a week it the bond were put in force in tbe main Beam . i If enforced where I am at present they could take every tnb 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 woald not have struck if they had got a summons when II was applied for . The refusal of the anmmona was a rankling sore to tbe men , and was spoken of by them as a rtfueaA of justice . Since these proceedings commenced I nave heard the men . say they would get no justice . Where we work there ia nearly a foot depth of water in tbe middle of tbe way . About three months since , the roof felt in to the ten inch parting , and because I would not remove the rubbish I was fiosd 2 a . 6 d . I might have ; had my back broke , but I was ordered to work at the same place , and because I did not , and wunt away , I was fined .
Reuben Ferster—Had been fined US 4 a tbe JOBt pay fo * tho last three days . I worked twerity-tWO tabs . When I went to the overman to reckon , he said my coals were 11 lbs short in weight The hewing came to 69 lid , and I was fined for foity-flve quarts at threepence * whioh came to 11 s 3 d , so that I was 4 b 4 il in debt for three days * Work . When the fay came on be deducted twenty-three quarts of the fine , and then I bad only nlnepsnce 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 lla before . If I bad I would not have stopped at the colliery so long . Nothing was
deducted for aiy 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 the bond . I will swear ; it was never read over in my presents . It was not generally known among ; the men that the flue was a quart I » ign « i tha bond in the office . ; They would not let me sign my name , but took hold of my band whilst I made my mark . I can write . Would be about two minute *' n the offioa sUogetfeer . No explanation was made to ma nor the othet men who were there . Mr . Heccles asked If I had come to get bound , and asked my name ; I told him , and he wrote my name and took hold of my hand till I made tbe
cross . Charles wiHett bad worked at Thornley five years ecme the binding . I put my croBa to the bond . lean write my us me . The bond was not read to me . That I'll swear . It was never explained to me . The office was full ot 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 1 hewed . He put down my name , and I then pat my cross . It would take me tbiee or four moments . Stace that time neither Mi . Hacclea no * any body else boa
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explained it to me , neither Lavo I b \\ ft copy gma ma . I recollect the summons being appiud for . When it was refased it operated on the men . Joseph Burnett bad been fined 6 s 6 d . for twentysix quarts during the three last daya He had only put his mark to >; the boad though te could wr't * . The bond had sever been read to him- He could not saabe a living under the bond , and would rather go to gaol than work under ] it . Mr . Roberts here took an objection that the warrant was informal , as the date was insetted in figures . The Bench overruled the objection . at
William Park bad -worked el ^ ht years Thornley . He had earned , on the average , 25 a . a fortnight . During tbe last three days he had been fined Hot sixteen quarts in one tub . ' That was on the second of the last three days . Would take his solemn oath that there waa not & stone in it the s ) za of his thumb . Tbe fool waa all black biaBB . They could not send ap a tab with lena than a quart of black brass . He was Is . 9 : 1 . in debt after working the three days . Joseph Kirk had worked five years at Thornley , but
could not tell whether he was a bound man ; was toid he was . Mr . Heccles wrote my name and took fioZd of my hand whilst I touched the top of the pen , bat 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 tba next day there were six quarts of fcul , 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 gd . for the three days' work ; that might keep a man and his family upon potatoes , but not much else .
Edward Clark—Was three miles off when tlis bond was read over , but afterwards signed it . No explanation was given me of the bond at the time I signed it / did not know that I teas liable to a quart fine . I went with Mr . Roberts to Mr . 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 . Roberts said . \ Jabez Wonders ^ bad worked six yean at Thotnley . Was a bound man . The bond waa read over to ale . I could not write , bjut had put my mark . When I went to reckon with the overman I was fined twelve shillings for the three day . / then ttoed three shillings in debt to my matter . I Atthd alose of this witness ' s examination the case was adjourned till ; to-morrow at ten o ' clock .
THURSDAY , DEC . 14 . The Court met this morning at ten o ' clock , when Mr . Roberts called—Joseph Walker , ! who had worked at the five-quarter seam at Tbornley since April last . On the threu a-. ijs after the 20 th , I and my marrow bad nine tubs laid oat one day , three another , and one another . Ther < were eighty-eight quarts in those tubs . They took sjrii" of them off , or otherwise we should have been is debt Oae day ) we were in debt Tbey -to"k some off ; they said they had taken the first . quai t off every tub . We went to Mr . Heccles on the niitf . t
of the 21 st He said we were to work away , aud be would see us paid—supposing we filled tbe fewer up we were to take pains . My marrow and me bad 9 s 3 i to receive , and Is 6 d consideration , which left 7 s 9 d . I always labour as hard as I can , and I did so those days . The consideration money is for the place we work in . If I were to work in tfee same place a fortnight it would take me another fortnight to clear myself . It would ba impossible for any ] man to make a livelihood in the place where I have worked for the last six weetca . It is a place not fit to put a dog in , let alone a Christian . Though I have a wift . and four children , I weald 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 daya I was fined four quarts , three ou the second , and none on the third . Have bees in gaol for nine weeks for leaving work five years since . I was committed from Cktteshead . Robert Richatdabu had worked ia the five-quarter seam six years . I heard the bond read over , but I was fully aware that . I could not make a living if it were put in force , but I ceuld not get work elsewhere . Tbe bond baa never been enforced since it was & 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 fee waa appointed by Mr . HeccleS to take charge of the stone and foul coals , was examined at great length ; we can only give the following ;— J :
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 made 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 steely aid had a variation ol 121 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 any material difference with respect to the principle , ] bat I . thought there was with respect to the steelyard . itself . I did net try it , but I believe it \ cannot be correct , because there 1 b a pivot with s sharp point , on which it works and
wfaen that point becemes 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 tbe bond . The men applied to me about this strike , and I persuaded them 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 avised them to apply to Sir . 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 sow at work through your ( Mr . Robert ' s ) advice . I never beard it repeated that you bad endeavoured to widen the breach between the masters and men .
A eurious scene here occurred . Mr . Roberts asked the witness if anything be bad beard could justify the imputation thrown upon htm by the Bench tbat be ( Mr . R . ) had endeavoured to widen the breach between the masters and men ? J Tbe question was objected to , and the Chairman said that the Bench were not aware of any auch imputation having been thrown out Mr . Roberts said snch an imputation had been thrown out by those who ought to be ashamed of themselves for doing so . ; Mr . Elliot sold he believed Mr . Roberts alluded to an observation which fell from him ; and it was drawn forth by the disorderly scene of last Friday morning . He waa surprised and sorry to see a man professing to have a liberal education conducting himself as Mr . Roberts then did , and it was in consequence 6 " f that that the observation fell from him . i
Mr . Roberts said none waa more aware tbat he possessed an infirmity ] of temper than himself . He had done all he could to prevent the case coming hare ; but when it did come he had entered into it heartily , hecause 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 as it had come he would use every exertion , and fiaijuatiiia rwtccelum . \
Mr . Elliot would grant all that , but what bad 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 word ' s were not taken down by the magistrates' clerk ( or their consideration hereafter . If after that time there fead been any expression of regret , and if the case bad been carried on with decency—if there had been any expreasion of that kind , j he should have been the very first person to have wished that . everythiog should have been forgotten . j
Mr . Roberts—So far as yotnr speech applies to me I throw back its imputations with all the contempt they deserve . j Mr . Elliott madej some remarks abont " a Court ef Justice . " 1 Mr . Roberts—A Court of Justice indeed ! Some men can only be lashed to justice ! I have applied the ash , and vigorously . Cheers from the gallery , tbat were really deafening , greeted tbe enunciation of this most wholesome truth . For a moment their " worships' * seemed "bothered " —confused—did nbi now what to do . At last they all run out together . ] After about halt ] an hoars' 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 folloWa : — 1
" The Bench is of opinion that a gross contempt of Court has been committed by Mr . Roberts , in the observations just addressed by hia 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 ia open to the Court nay be rendered unnecessary by a proper apology . " ] Mr . Roberta—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 very sorry , and will nevet do it again . ]
Mr . Roberta—Apologize for what—sorry for what ? Sony that I feel abhorrence at tbe dreadful mockery going on within these walls—sorry that I cannot restrain the expression of thai , abhorrence . However I will withdraw any expression you dislike ; and if that expression i 8 in reply to a charge against me I will repeat it again . : i , ; Dr . Fenwick said 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 . Roberter-Soae atrong 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 resp « ct to the judicial character of the Court I will withdraw the expression . Bat I will aiwoyB resent such a thing at the time ; and will throw book with acora and contempt every imputation attempted to be thrown on me .
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Mr . Sjt ^ tDwn—it would extremely easy pracess indeed if a gvntieman standing as yoa do , and acting in a superior court , were to be guilty of a gross contempt of court , and were to acquit himself of that contempt by merely saying that he withdrew the expression . I think you cannot withdraw the expression . It was given utterance to and cannot be withdrawn , and I consider that for the use of those contemptuous expressions we should feave been warranted in immediately committing you to prison—tbat we might have done it , and that a superior court would have done it We think that there ia another , mode of proceeding which might be entertained , bat we have mshed that by a proper proceeding on your part you may render that unnecessary . Ifc is for you to conaidar whether what you have jusfc said is a proper mode of acquitting yoursolf or not
Mr . Robertg—Acting on my own judgment , I considered I bad off / red all that the Court , 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 pause ) . If there are any words to put in to express it , I will put them In . Mr . Spearman—I would say that the expression wpi an improper expression , and that you ore anawerabia for it . Mr . Roberts—If tbe expression that ; I have endeavoured to widen tb . 9 breach between the masters and men is withdrawn , I will retract my assertion Mr . Spearman—But you aUo said that the lash was necessary to drive some men to do justice , and that you had applied that lash .
Mr ; Roberts —/ say so still . I apply the Imputation very much to tbe masters , and I am sorry that there are sometimes masters on the Bench . ( After a pause ) . I withdraw the expression-Mr . Pox—Ifc had belter be considered as not having been uttered . This seemed to be agreed to , and at let
a snort interval , — Mr . Roberts again rose and said—That being accapted , I now say that I moat sincerely apologise for it . I should consider myself unworthy of the position I hold if I did not feel indignant at the " horrible Burning " I am compelled to witneaa . I should be unworthy too of that position if I did not express my indignation v ? vth the warmth -which , every honest man must feel at ttie 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 were 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 pat the question to save the time of the Court , so as to prevent the necessity of calling all the 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 fvthe * conversation and argument took place , which resultedin 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 all sworn so . John Hudson , the Inspector of Weights for the district , was then examined . He bad been sitting behind , the owners , and had enjoyed with them a comfortable chat It would be wrong in us to speculate upon the effect of this . However , he swore that the steel-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 tfee weights in question were " lumps of lead , " not such ra were recognised by the law , and therefore he could not
stamp them . fllr . Roberts applied to be sworn . Tho Chairman said this was a very novel reqnest . Mr . Roberts aaid he wished to state the circumstances 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 . RobertB waa sworn and eald—I am the attorney employed by tbe colliers of the two counties of Durham and NGrthumbetlfvnd to defend them and act generally as their legal adviser . In tbat capacity I have several times during the last two mouths been called on to advise the men of Thornley colliery . They have complained to me of the 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 bis advice Afterwards I waa informed that this had been done , but with no result . I recomHiended the men to continus at their -work . On Sonday iha 19 th of November , having heard that the men were unsettled in consequence of the Weightog machine still remaining unadjusted and other grievances , I drove over to Thornley arid saw several of the men that night ; I held a meeting of the men at six o'clock the following mo ; niGg , and succeeded in persuading them to return to work , and I would try to procure a redrers 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 observed to Mr . Heccles \ tnr . t the men complained of the weighing machine that is wia unjust , and requested him to erect a beam and scales . He mid he would , but could not do it imniediaiely ; he had other things to do . I pressed the polnS upon him , and be then agreed to do it directly . I then spoke of the laid-euts . These the men had complained of , and I asked him to be more lonient . I read from a paper furnished sae by tbe men . He replied , be Bhoald 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 ifc I then walked away , but returnenl Immediately , and asked him , as he meant to enforce the bond , and tbe men could cot live under it to
give the men their clearance . This he refused . After this I left him . Mr . Beasley was with me the whole time . The men followed us . I did not know bow to advise them , and drove on for about a quarter of a mile . Then Mr . Beasley as well as myself addressed them from the g * g . We advised them to return to work as soon as possible , and to apply for the beam and scales directly , and we stated that we did not believe that the owners would enforce the bond , notwithstanding the assertion of Mr . Hecclea tbat he would do so . The men promised to comply , and we drove on to Lancbester , where we vrere to be by nine o ' clock . A few days after , I believe on Thursday , the 23 rd , a deputation from Thornley Collievy waited , on , me , and
fnfoomed 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 ifc waa impossible to obtain a living under ifc . Under these circumstances I declined recommending them to return to work , and I held out a hope that I might persuade the magistrates to reason with tbe owners OS 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 . Cross-examined by Mr . Mar * hall— When I was before Mr . Heccles , Mr Beesley did not use any insulting language . I do not recollect Mr . Beesle ? saying that he would not believe a wsrd Mr . Hecoles said , whilst I and Mr . Hecdea were in conversation . I did not
recollect it , but at the same time I believe it very probable , if Mr . Heccles was making any assertion . Mr . Hecclea said be would put a beam aud scales . I think with an extraordinary number of men , the beam and scales might be put up in a night , but I know 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 flues . [ A paper was put into Mr . Roberta ' s hand which waa admitted to contain the propositions of the owners . It was to the effect that the owners bad no intention of making any alteration in the previous mode of inflicting fines , nor waa it their intention to do so in future . If the men relumed to their work immediately , the owners would use every means in thetr foWer to obtain a satisfactory settlement of the in
and a remission of the punishmeat men prison . ] Mr . R'Berts continued—1 stated that this very document was a condemnation of the wasters-themselves In it they stated that up to a certain period they nevet intended to enforce the bond , and yet it wm because those three men had refused to work under thai bond , ¦ wnich . they never intended to enfarce , that , they were sent to prison . I stated also that I did hot 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 have certainly very great doubts ii was said if the owners do not admit it . I believo , on eenslderotlon , it waa not said . I stated that the great error and awkwardness
was in my opinion tbe three men being in prison ; but that I would use my utmost efforts to bring about a reconciliation . I am not able to say whether the negociation terminated abruptly ia consequence of an expression that fell from Mi Beesley : i think it terminated about the impossibility « f getting those men out of prison . Another attempt Was msde on the following day for a reconciliation , and I saw a deputation from the men , who expressed themselves very anxious to do what waa right , and they agreed to give « p the release of tbe priwnere for the next two ox three days provided that I and Mr . Beesley in the mean time would exert ourselves to have their grievances remedied . Mr . Beesley and I and some of the men
were to wait upon the viewers , talk the matter over , and endeavour to make terms satisfactory W all patties This was the time that the magistrates adjourned to one o'clock . I went to Mr . Marshall ' s office and told him of the proposition , on whick he said he would see tbe owners . At that time I entertained strong convietion that the whole matter might be arranged by Wednesday , and the men consent to retarn to their work on the arrangements being perfected , and before I requested the magi * tratea to apply to Bt * James Giabftirl for the teleas * ofthepriaoneiB , I made tt > poinf with , the men ttiat they should be cotually at their work prior to the Ma ? gfatta ^ symaking that app lication , and they complied * ith > nrriq «« st ' . 1 t c «
. . . ___ . - ^ -, _ ! By Mr . MarshaJl—That negoolatioii was broken off in consequehoe , as I understood , of ( the owners refiutag *> ento inter the negodation before the men tetuined to their work , I declined iecomihfending the men to go to their work until I , by conversation ^ wfth the ^ wners , had ascertained that they were willing to concede what was fair and just I believe the owners expressed theit wish to enter on this negociation directly after ther— -r rSere a small portion of our MS . having been mislaid , we are unable to give the conduflion ot ¦ : Mr ; Roberta ' s examination . ] ... ( Continutd in wr Eighth page . J
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Untitled Article
= THE NORTHERN STAR- 1 7
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Citation
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Northern Star (1837-1852), Dec. 23, 1843, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct1244/page/7/
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