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

  • 

    W§t C^TJm-^ gst&emm

  • 

    Untitled Article

• 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 THOBITLEY CASE—MOST EXTRAORDINARY PROCEEDINGS . Tbe Mowing evidence wa * given after tbe close of Mr . Bofcerts " - speech :: -we had not space for it in our impresssion oMart -week ; but this we do apt regret * our readers win now havethe whole case for the ijefecee before than .- We Mve Lsen compelled te cartaa the evidence of some of the witnesses , but all important facts are given . S&eJrst witnesscalled byMr . Robertsrwas John Cookson—I am . a servant at Thornley Colliery . I don't think that a man could g&b a living there if the bond -w »» to be carried onlin its sWctnesa . If a quart of coals in a tub ii to be fined I am sure a maa cannot getalicixg . l will go to gaol before I will go again to work under the bond . Cross-examined by Mr . War . ihaTl—I cannot tell how mnch 1 was fined the last fortnight i w « a pail . The bond had not then been pnt into operation . I traa fined abonS » shilling the last fortnight . .

    Matthew Dawson—I work at Thornley Colliery . Have worked there two years come ApriL * It is not so easy to obtain a living there now as it was three months agoi decosse the bond Ms never been pal in force i ' Ul 3 * v > . If the bond is pat in force in the five ^ Quarter seam it is impossible for a man to get allying . I was a cheek against the * two men employed by the owners , for the msnr There was a good lew layings-out . They could hare laid oat a great deal more than they did . I recollect 22 s . being iaid « nt / i » - one man Be examined —AH the tubs contained foul coal , but . all were not fined . If aU had been laid out' that outfit have bent , they -would hare to Hop the pit Thomas Dermot Moran—1 work at Thornley Colliery . The qnsntity of coal laid oat has lately been more than hefere—since , the bond was acted on . I cannot earn a Jiving if the bond is carried out . I am sot a bound man ; bat 2 would rather go to gaol than work under the bond .

    Cross-examined—Two of us haYe had twenty-six quarts laid oat in three nlays . DM not keep any acconnt of the fines during the previous twenty weeks . Will not swear I was fined to the extent of 20 s . or 10 s . I think I would be fined 5 s . I belieTe I was fined £ l 7 s . the last fortnight I was paid ; Be-examioea—ite bond had not then been enforced . Tie fins for the twenty-six quarts was 6 s . £ & . ' There Were two of as for that . John James Bird—I hare worked at Thornley Col * liery a year and seven months . The bond has been acted on more stringently daring the last fortnight . I Ooabs TB 17 mnch that an average man could make & Irving nndtr the bond . The steelyard has been a gataal tnbjed of complaint for the last ten months . I would prefer the prison to working uniler the present bond . " - Cross-examined- —1 sin noi a Tegular 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 enforeed-before for -the quart of stones . Ifenforttd an honest man could sot obtain a living' The men thought the steel-7 ard was / unjust . I never knew a weighing machine in faTo&r of the men . It was understood by the men on the 20 th / that the weighing machine was to be pat np directly . I have been in gaol before , and 1 would rather stop there for ever than work under' this bond . Cross-examined—I requested Mr . Heceles to hare the machine adjusted a month or two ago , at his o « n house . There were a good many more with me . Toe request was to adjust the machine that was then , bat it is afresh one nosr . Ail the men -wxntgd -was a jost one-J Two men were " appointed to go and see the weighins machine adjusted .

    treorge . Naisbett—I worked at the colliery formerly —three-quarters of a year before . I . beard complaints about the - weighing machine . Some men sent to Mr-Heccles on the 13 th of November . The bond-was not enforced the previous part of the year . I ' donH&ink ii possible lor aterage men U send np tubs without one guait si stone . It is the feeling of the men generally that they had better ge to gaol than work for nothing . I know of men being brought in debt to tbe 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 is indeed of a most extraordinary description—and yet perhaps other "justices , justice" would . be found e ^ oaUy ^ teange , if contested 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 ' eloek , aad Mr . Roberts called a -witness , "who was about to be sworn , when , — The Chairman inquired whether anything had arisen from the consultation over-night between the parties . Mr . Roberts replied that _ ny of the points in dispute had been agreed between the parties , but the owners still stuck oat on tome , sad noUliag saUzfac tory had been agreed to—doud 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 Thornley Coal Company had had a meeting , nod he Would state the result Which they had come to at that meeting . Mr . M . -was abont to read over the resolutions of the Company when another scene of disorder ensued .

    llr . Roberts proposed to submit the matter to reference . Mr . Marshall—To whom would you refer it ? Mr . Boberts { -with great vehemence)—Not to a coalowner , or the relation by marriage or any other way of a coal-owner—coot to a-viewer—not even to Mr . Heccles—( loud cheers and groans from the pitmen ) . Mr . Marshall—Do you mean , then , two hewers er colliery workmen ?—igroana and uproar ) . Ml Soberts—It seems the collier * are to bs thankful that you send men to prison for what . you admit to be natters of doubt—{ great cheering and uproar from the pitmen ) . I will name Mr . Mather , of South Shields , as one of the referees . I believe him to be a friend to the men , a friend to the masters , andtbe friend of justice—( hear , hear ) . I say it is a rascally thing to have thoiemen here ^ -tgrert ^ freeriBg from the pitmen ) .

    ThaChatnaan-T-l must request moat earnestly—1 most iisast 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 due administration of justice and the dignity of the Bench —( uproar ) . Mr . Roberts , with great energy , —I repeat , the men hs-re been -unjustly used . ( Cheers . ) The Chairman made some obsemtion "Which was lost in the uproar . Mr . Roberta , with increases vehemence , —I repeat it { Great cheering and nproar . ) Dr . Feu wiek . —I ssy it is a b&se and insolent mls-Etattment . ( Uproar . ) Mr . iiabert * , to Dr . Pen wick , —I cannot hear you { A laugh . ) . Dr . Penwick . —Vo 1 you are very conveniently deaf . ( Uproar , which continued some time )

    Mr . Elliot—These Mmatks ean only be made -with a -view to ^ widen tne breach which txists between the men and the masters j tfcey cannot be made for tbe good of the men . Mr . Boberts . —The men have been made mad by what the B&nch said last sight . { Loud cheers , and agitation . } They cannot be excited more . ( Renewed cheer * . } The Chairman . —ATI the improper and insulting language used on your part -will have no irfiotnee with the magistrates , who are prepared to extend the principles of equity and justice to the workmen . ( Tumult ) Sir . Roberts , addressiirg the chairman fiercely , — 1 * Ton know yoa are tttflt to occupy that Beat : your condsct is most partial and disgracfcfnL Before my tase was closed you ddared from that Bench on which you © safer no honour , Jhai the men were poUiy I Is that the

    spirit—Tkunderins groans from the gallery mixed -with eontemptaous yens as the Bench "prevented the concluaioi of > ir . B . * b sentence being heard . The Chairman—It was net bo stated : it was sot stated from the Bench that the men were guilty . Mr . Boberts—Pause , ere you add the guilt of falsehood . ^ The hundreds in the gallery heard the accursed apeecn . v The Chairman—It was not stated froa the Bencb that the men were guilty , Mr . Boberte . —You did state bo . — fTremendeus m-

    roar . ) The Chairman , with great heat , and s&mping ] with Mi feet- ^ li -sraa aot bo statea—it -was stated Max there was matter foi eanslderation . Mr . Boberts , also stamping—4 ye , I cai ^ it&Hjp toothere ' s bet little argument in that-HLoad cheers and laBghteji 3 l | c After seme more altercation the chairman sat down —put np his txKta and coaxed them . Thsa another H jBSBce " t 00 k up iheeodgelB ; the great game of the " unpaid" isio mak e the men believe that they (" the Jratteei" } would be more merciful if that Mr . BoberU would but be quiet , and "let them & % it comfortably . *' Mr . Elliot—I trurt that the sien here have aense enough to « ee that their advocate is no » attempting io lerre thai interests , bmt aolely to -widen thetweaca ¦ wjndmnfcirtuuately exIiU between thea and theb

    Mr . Boberti Tehemently , pointing to ihe three pritoneri , —That is the breach—those three men { indescribable tumult , amidst which Harewood started up » d bawled out at the full pitch *! his-soice , *• 111 go to gMcA far one , **— ( great cheering axd renewed uproar followed-Hiii tally ) . ^ Jteilliot—Pcrmy part I am deteraiiBed to do my duty unflinchingly , whatever maybe said either on one aide or the other —( uproar ) The Chairman , reeovering Mir ^ f aad pointing to Mr . Boberb ^ -The magistrates have no wish to act on other principles than those of impartial justice , and it is impossible that the Ccurt can eubmit to such groaa inso leace torn " . ihe maa ufto sUs a * re "—Igroans ) .

    Mr . Roberts—I am instrncted that in the trial of these ttrsemen , the ordinary lorms of every court in the kingdom hare been violated . For my own part I do i » t care a farthing for theTnere technical objection ; but I am told that thesa three sits -was each charged with

    Untitled Article

    a separate offajee , and I again say that tbe custom of every county has been -violated in trying these three men together—( load eheera feom the pitmen ) . I again , continued Mr . B ., offer to refer this matter to arbitration—to refer the question whether the bond is a fair one —( hear , bear , hear ) , I have endeavoured as much as possible to reconcile the men and the masters . There are a dczsn Collieries whlfii would now have been out of work but lor me . # fcaTe Induced the men again to go to work at Cassop and Pram well ' gate Moor Colleries . I believe the peace of the Colleriesis in the main owing to my exertions —( load cries of hear and cheers ) . Dj not send these men to prison , but refer it to arbitration , and a good understanding will then be restored —( cheers ) . - No answer was made to this proposition . Tbe Chairman—Let the case go quietly on . Mr . Marshall—Do you propose to refer the whole question of the bond ?

    Mr . Roberts—I am for the whole question of the bond or any part of it The Chapman—If there is the least chance of coming to an arrangement the parties had better retire . Mr . Boberte—1 will refer tbe whole question to arbitration . —Some further conversation took place , which ended in Mr . Egberts rising and saying , I -will aet the example of retiring ; if no man follows me I can come back . The parties then retired , and remained oat 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 Beneh—Mr . Roberts said be was sorry to say that they could not agree -with regard to the men in prison , whom it seemed impossible to get cat . The other points could have been arranged . Tbe 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 . Eren 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 posaibly can . Tbe Chairman—If such an application were made by the Magistrates , J have little- doubt but it would be acceded to . Mr . Boberts—I have great donbts of it myself . If I had been here at the time these men were tried , I think I could 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 tbe 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 i 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 . Tbe Court re-assembled at one o ' clock , when Mr . Roberta , without any 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 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 De effected . Before sitting down allow me to state that I think the magistrates would do well to decide that a

    weighing machine , consiBtutg of beam and scales , should be established everywhere , and that they should be stamped by the proper officer of Gjverwnent . Wishing to promote that recondllatten , 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 aet of grace . I believe the men will be all at work on Thursday morning . I would not say this unless I had good reason * 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 . Bsberts , provided Mr . Boberts on the part of the pitmen shonld promise to resume work . The Company think that whilst the men continue w > violate the agreement , it would be inv proper to listen to any terms of compromise . Mr . Roberta—Do you mean that you will not argue tbe question with me unlas * the men previously go to work ? Mr . Marshall—Tea . 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 tbe application-without their consent , to postpone tills aue until Wednesday ; and I can assert my belief *>> n * matters will be reconciled before that time .

    Mr . Elliot—Tbe 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 . . ~ ; Mr . Roberts—The interval which I had with yonr 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 , Di . Fenwici—Tbe 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 . Boberts—I i *» H not make any farther application , tCheers from tbe pitmen . ) I have dons my duty . Ttu-e has been 4 d . 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 tbe collieries ey means of a deputation- I believe the matter 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 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 xetired , and after' an absence of nearly half ao . hour returned into Court , when

    Tut Chairman rose and said—Tbe magistrates have taken everything into their serious consideration , and -would b& -vexy gl& 3 infleeS to find Mali there woe any hopes of reconciliation . Mr . Elliot—Has there nothing taken place between the parties sices we l&f t the Court ? Mr . Roberts—Nothing further has taken place , The Chairman—Then it is impossible on the application of one side only , -with no paiticnlar reason assigned , to grant the application . You had better go on Mr . Roberts . Mr . Soberts immediately proceed te call

    William Henderson—I have worked at Thornley Golliery since April last Since the 20 tb November last mor « coal has been laid ont than previously . I work in the five-qoarter seam . At the bottom of that Beam 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 o ! ihiit a band of white stone runs to near eight inches thick , and when -we hew tbe coal aU this has come dozen regularly thB 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 ihe 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 tae ooaL We have only a Davy lamp to pick it out with , and from tbe want of air ice are almost iVfied , so that a man cannot tell altogether what lie is about wben he is doing it . We cannwt tell the blick brass from tbe 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 tfc&n with the ordinary candle . Tbere is a ten-inch band above the others I have mentioned which generally comes down with tbe coal . That is called foul coaL It does not come down so regularly as Vbe other Eesms under it The deputies have . to prop this np . bnt it gets to broken that they cannot get the timber BESET . I h& ? B worked in other eollieries , and never knew to hard a bond as this . I was fined on the 18 th of November . I complained about the machines when I had been about three months on the colliery . I cannot give any account of anything being 4 one to rectify it ont ot tub

    Sines th « 20 th we have bad 6 S . stopped one . The payment for that tu ¥ would hate be « n SJd . Twenty-four quarts at 3 d . a quart were stopped out of that one tub . That was before we stopped the last tim « . Never knew such a stoppage as that beftre the bond was put in force . That was the account taken from tbe master ' s man when the tub came to bank . I always chose the prison before working for nothing . Mi . Roberta—iDoyou taink ail ttie me » will rather go to prison than work wider that brad 1 Witness—Tea The " tes" was re-echoed from hundreds of the pitmen . Cross-examined by Mr . Marshall—I was fined 9 s . » & . for two days . Those were tt » e twoHn * days of the last three we worked . Nothing was taken off for the last day I cannot recollect -what -was ttie amoantof my fines before the strike . I will swear nothing aboiii whether I was ever fined a shilling , because my mind is so distorted with thii oppression that J can swear nothing aboat it—{ loud cheers fromlne pitmen ) . .

    John Stephenson , who had worked at the calliery nearly two years , gave ¦ ta" « : « vitolflej £ wMe ?» ef the iwo appointed by the men to inspect tte Wd ^ nts . Sixteen gcarta was Hie most laid out In one tpD . Xnat camo out of tbe main eeam . Theflve-quarterBewnfr worse than the main seam . I have been a coal hewer werdy years , and never knew so hard a bond . Although I havs a wife and five children , I would , rather go to ttct raol mi Arril than work under this bond . Crossexamined—I was bound a Second time because I eouW do no otherwise . The other colliers } would not bina

    Untitled Article

    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 fcnaw what aw ' s about Reexamined—The keeper said that every other ifKO might have been set eut IT the bond was enforced- ffe is ihe master ' s man . I think his name is Qso . Brown . No man would pnt splint into their tubs on purpose . When a man has been . fined 8 s . one day , and Is , another , it has been from the state of the pit Mr . MaranaU here applied to have all the witnesses ordered eut of Court . Mr . Roberta resisted Ihe 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 Loogstaff , another pitman—It was often stated to me by the weigher of coals that he was astonished we should allow the weigh to go On in that state . His name is William Kay . I have heard that tbe steelyard would weigh either 9 lbs . or H lbs . either tmy . Kay said this . I ta 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 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 aud had been refused—Went first , to Mr . Hays ' a 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 . Be asked the sum , and we said three shillings . He said "for the small sum of three shillings . " I stated that it was not an application individually , but collectively .-and that it amounted to a large sum collectively . We wanted some discussion , and he said he

    was not there for discussion , and walked away without granting a summons . Mr Surry \ is now on the Bench . By Mr . Elliot—I was referred by Mr . Barry to make application to the Bench . By Mr . Roberts— I have beard you tell the men to try every means to obtain justice from the magistrates , before they resorted to the strike . By the Bench—It would be three weeks gone Tuesday since I went to Mr . Barry . I cannot say positively whether be mentioned the day the Bench sat . We were told afterwards that the Bench sat next day . We did not apply ta the Bench next d » v .

    John Cresswell , 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 ] Could not tell how often ha had been fined . Had been fined three times in a fortnight At the last pay . they said they had found oat their error of charging 4 d . instead of 3 d . At the last pay , the diffarence . it waa said , should be returned . I think I was never charged more than la . a tub in a day ; sometimes there were three in tbe fortnight , and sometimes they took one off . It Is the general conviction of the men that they have been cheated by this steelyard . John Lumadeii spoke to the same effect as the other ¦ witnesses .

    Samuel Turner said he had worked at Thornley ' six years , and never knew wages ao bad as they were now . Had worked : at other collieries , and the five-quarter seam at Thornley was the dirtiest ha 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 . Heceles had told him be knew the Weight was unjust Mr . Heceles aaid be knew that it made a difference with the weight aceeding to the end at which the tub went on , and that even a one-sided corf would make a difference .

    Mr BoberU here appealed to tbe Bencb to know if they were not of opinion that he had made oat his cose —that it was impossible for tbe men to work under this bond . The Bench said the usual way was for the Bencb 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 had slosed his case they would consult and give their decision . Mr . Roberta 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 tbe laid-oot and the steel-yard . Told Mr . Heccles they would like to have the beam and scales upon tbe 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 . Roberts to go to work again , in order to put themselves tight with their masters .

    Mr . Boberts was abent 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 the next day was the petty sessions , they thought of adjourning till Monday or Tuesday—Mr , Roberts said he had some other prisoner * 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 . Roberta , before the Court was opened , again applied for a summons against the owners of Wlngate Colliery . In compliance with the opinion of the Bench be had applied to a local magistrate , by whom he had been referred to the Bench , and thus tbe men appeared to be bandied about from one to tbe other . The Chairman said the magistrate applied to bad 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 bat tbe wlt > nesses under examination should be admitted into Court . His only object ia making this application was that tbe witnesses might not be prompted by the men behind them . ' In support of his application Mr . Marshall cited ; Roscoe ' s Law of Evidence , from which it appeared that witnesses could be ordered oat of Court Mr . Roberts objected to the application being made before the parties were admitted . Considerable discussion ensued , which ended in Mr . Marshall assenting to postpone his application until the public were admitted . The doors were then opened , and the public admitted , when Mr . Marshall renewed his application , Mr . Boberts opposed the application on the grounds that the application was too late , and that an application once refused , the same motion could not be made again .

    The Chairman , after some consultation with his brother magistrates , said that the bench had no doubt about the propriety of Mr . Marshall ' s application , or that they were bound t > agree to it , but they asked Mr . Marshall if he thought it worth hia while to por-Biatinit ? Mr . Marshall said , under tbe circumstances he would not press it ; and the application was accordingly withdrawn . Mr . Roberts then called , — Wm . Andersen . —I am a collier working at Thornley Pit I have worked there since the I 5 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 tabs a day

    to get dear of the finer , and I think if we were to be fined tor 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 , bat 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 was in . I waa nut fined for more than cne tub that day , but I did not -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 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 tbe fivequarter Beam as the other witnesses . ] I have also worked in the main Eeam , and have been charged id a quart for what has been laid out The grievances of the colliery areMfirst my own)—I was to aveTage 26 s a

    fortnight , and it would be the 12 th before I was fernployed . For that fortnight I received nothing . Tbe next I received 33 7 d , the next 18 s 6 d , and the next 23 a 6 d , and for that I worked in six different parts of tbe mine . I have not received 26 s on averagr . I have only received that sum for six or seven fortnights . I was to have a comfortable dwelling house , bnt I was plunged into a house with another family . I complained to Mr . ' Heccles about the steelyard being nnjnit The main of our grievances were seeing the laid-out and tbe weighing machine . There ware two or three different deputations formed ta Mr , Heccles , 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 think tbe prison is a place to -which I should not like to go , bnt 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 bad been off ten weeks from lameness ; bad keen fined 4 d ., Is ., and 2 a . 6 d . a tab , abont tbe latter end of July or beginning of August That was when Mr . Heceles was keeker . Went to the eeneamaa 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 , how can I ba content with half-a-crown taken off when I ' ve only

    addled Sa . 7 ' He threatened to get a warrant against me . They fine us just as they have a mind . It is anything bat just Mr . Heccles seat for a warrant , bnt we got advice from an attorney and the warrant was never got The men wereatupidor half-mad whesi they went home last Friday night On tbe 20 tb , Mr . Hecclea said the beam aud scales should be pat up directly if the men weat to work . They did go . Mr , Heccles had previously promised to put up a beam and scales . At one time he told us he had had them lying in his storehouse for six months- I am positive about . that ; that 'would be about three month ! since I think , but I'm not qualified to

    Untitled Article

    state the time or any thing about it Mr . Heccies maid a gross mistake ; when we asked for the boxes he sent for . the quart pot We did not ask for the quart pot . If ^ 5 e c « es stated so he baa told a lie , and a grosa lie . The bqxas were thateaoh man might see his own . I have been there . when there were 100 , 160 , and perhaps 200 , and there wa » never a quart pot mentioned—it was ^ fcll Mr . Heccles * free gift Tnatlil awear to . It w&uld have taken aU the men in the coUi « ry to measure tbe stones . The owners knew that as aoon a « the bond was enforced the colliery " would stand . I think they enforced

    it at last because they wanted the colliery laid in . _ Therefusal of the warrant which was applied for « ¦ D " * ha ' n irritated the men ' s minds , because they raougfct the master could get a wawon load of warrants and the men could not get one . They thought they cou'd not get justice either from the ownersor the mvgitfrates . Just previous to the 24 th , the men came to the resolution that they would stand for ever unleea 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 tbe average .

    Wm . K » y—jam weigher for the Thornley colliery , and am employed by me matters . Witness described the ^ working of the steelyard , and said he could make neither just or 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 , bat if the tnb were put to the one side or the other of these pivota , it -wsmld give a greater or lesa we ght than the real weight . By tha shifting of the weights the men might lose 51 ba . It bore on his mind 7 ? u e M ' weished * - wrong on one aide , and ilbs . on the other . Re-examined— Did not think he eeuM do justice by this machine .

    _/**• . Roberts here made an application under the Weights and Measure ? Act for a summons against Mr . Heccks , in order that the steelyard might be brought Into court . He said it was a fraudulent one , A great part of this inquiry depended OD whether it was fraudulent or not In God » s name let them have the truth . The application was grounded on thefithand 23 fd aections of the Act 5 and 6 Wil . IV . a 93 , which imposed a penalty for false balances in cases where goods were expoBed for bargain and sale , or when they wore intended to weigh for the purposes of carriage ; but nothing whatever was said about balances for weighing between master and man . The Chairman said it was the decided opinion of the Court that the Act did not apply to this case . John Batea had worked at Thornley for one and threequarter year . WoAed . 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 ihe keeker . If he thought it deserving of it he would lay on la . For the last quarter there had been Is . laid-out to return , but nothing Was received for the half . * ear before . We think we are entitled to have the odd pennies returned , aad have applied for a summons against the owners to retover them . One time I was 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 summonsea . 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 thu store-house weights in tbe colliery raft yard . He took all the weights away I think because they wera not just He went on to the pit heap and looked at tbe 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 sutumons . The Chairman immediatefy granted the summons . Mr . Roberts then applied for a summonB to Ms . Hecoles io produce tbe machine . The Bench after some consideration decided that there was no necessity to have the machine produced } n Court Mir . Roberta claimed it as a right The Bench—Then we decline giving any order . Examination resumed—The inspector stated that , he could not adjust the weights without taking them to Castle Eden . Whilst working last year in tbe fivequart 3 r seam , the bond was never enforced at threepence a quart .

    William Toplis—If the bond had been enforced before it was , tbe colliery must have been laid in , because the men could not m » ke a living . Mr . Heccles baa oft red me a bribe to swear that tbe 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 "Toplis . " He says , "I suppose yon want the boxes , dontyou ?" I said " Yes , of course . " He asked what we wanted with them , sod I said to see ( hem laid out fie said , " the men are going to get a summons , I suppose ? " I said , *• I don't know , you are likeliest to know . " He said , "Da yen think you could not work here a week or a fortnight nnd have none laid out ? " 1 said , No ,

    I did not suppose I coqW . " He says , " If you will swear that you could work here for a week or a fortnight without hating 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 » ay . Nothing more took place about that I thought blm a nice man . I recollect I am on my oath , and I swear that all I have stated is true . If the bond had been enforced before the last 6 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 had been before .

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

    Augustas King , during the last three days , had eight shillings taken off himself and marrow , They got 2 s 6 d each for the three days' work . They got la 4 d back besides . Previous to last year there had been sixpence a score additional paid for the black brass . Tbe men were anxious to obtain justice from the masters and tbe magistrates . When the summons was refused tbe men gave it np 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 . I believe no man will ever work 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 ( he bond had been enforced the colliery could not have been carried on—it would have been impossible for a man to get a livelihood . When working Id tbe main coal he bad been fined fonrpence and one shilling a tab . Had been fined five shillings for two tubs in the flve , 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 if they had known that the bond would have been enforced . I have not been fined for any off-take , bat was fined 2 s . 6 d . for lying Idle last Saturday . It is a clear seam where I work . I cannot say whether half of the men work in a olear seam . If the bond bad been strictly enforced we should have been in debt as well as the others .

    By Mr . Fox—We bad to wurk very hard to get 10 s . a week It the bond were put in force in the main seam . 1 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 tbe men would not have struck if they bad got a aammom when it - was applied for . The refusal of the summons was a rankling sore to the men , and was spoken of by them as a rtfuBal 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 the middle of tbe way . About three months since , the roof fell in to the ten inch parting , and because I would not remove tbe rubbish I was fitud 2 a . 6 d . l might have ; had my back broke , but I was ordered to work at the same place , and because I did not , and wvot away , I was fined .

    Reuben Ferster—Had been fined 118 4 d tQ 9 last pay for the last three days . I worked twenty-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-five quarts at threepence * whioh came to lla 3 d , so that I was 4 a 4 d in debt for three days' work . When tbe fay came on he deducted twenty-three quarts of the fine , and then I bad only ninepence to receive . He cheated me oat 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 had I vrould not have stopped at the colliery so long . Nothing was

    deducted for my lodgings—I had nothing to give them . I pay 4 s for my lodgings . Did not heat the clause about the quart before I signed the bond . I will sweat- it was never read over in my presente . It was not generally known among ! the men that the fine was a 4 ua > t I signed the bond in the office . , They would not let me sign my name , bat took hold of my band whilst I made my mark . I can write . Would be nbo » t two minutes In the offioe altogether . No explanation was made to ma nor the othet men who were there . Mr . Heceles 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 wiiiett bad worked at Thornley five yean ccme the binding . I put my cross to the bond . lean write my name . The bond was not read to me . That I'll swear . It w&b never explained to me . The office was fall 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 I hewed . He put down my name , and I then pat my cross , it would take me three or four moments . Since ttut time neither Mr . Hecclea nor any body else boa

    Untitled Article

    explained it to me , neither Lavo I b i * ft copy given me . I recollect the summons being upp ' iUd for . When it was refused it operated on the men . Joseph Burnett had been fined 68 6 < i for twentysix quarts during the three last days . He had only pat his mark to , tbe bond though he could wrtt . Tie bond had never been read to him . He could not make 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 inserted in figures . The Bench overruled the objection .

    William Park bad w > rkad eight years at Thornley . He had earned , on the average , 25 a . a fortnight . During tbe last three days he had been fined for sixteen quarts in one tub . ' That was on the second of the last three days . Would take his solemn oafb that there was not & atone in it the size of bis thumb . Tbe foal was all bl&Ck brass . They could not send up a tab with less 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 , bnt

    could not tell whether he was a bound man ; was toid he was . Mr . Hecclea wrote my name and took fiold of my hand Whilst I touched the top of the pen , but I will not swear that I am a bound maa Oa the first of the last three days I was fined for seventeen quarts ; on the second day I was fined eight quarts , aud tha next day there were six quarts of fcul . but they were not kept off . Worked as hard and as catefally at that time as at the other . Had to receive 3 s . 1 gd . for the three days' work ; that might keep a maa and his family upon potatoes , bat not much else .

    Edward Clark—Was three miles off when the bond W 4 S read over , bat afterwards signed it . No explanation was given me of the bond at the time I signed it / did not know that J was liable to a quart fine . I went with Mr . Roberts to Mr . Heccles , and Mr . R . asked Mr . Hecclea if tbe men would go to work would he ( Mr . H . ) put a beam aad scaleaon the heap . Mr . H . said he would if we went to work , bat he would not unless we went to work . Went to work ia consequence of what Mr . Roberts said . ; Jabtz Wonders f bad worked six years at Thornley . Was a bound maa . The bond was read over to me . I could not write , b > lt had pnt my mark . When I -went to reckon with the overman I was fined twelve sbilling » for the three day . / then stood three shillings in debt io mj / matter . \ At tha olose of * this witness ' s examination the case waa 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 eeam at Thornley since April last On tbe three < mya after the 20 th , I and my marrow bad nine tabs laid oat one dsy , three another , and one another . Tlier- tyere eighty-eight quartet in those tabs . They took bjibo of them off , or otherwise we should have been in debt . One day ] we were in debt They to * some off ; they said they had taken the first qu-ii t off every tub . We went to Mr . Heccles on the nlc ;! . t

    of the 21 st He said we wera to work away , aud be would see us paid—supposing we filled the fewer up we were to take pains . My marrow and me had 9 s 3 '> to receive , and Is 6 d consideration , which left 7 s 9 d . I always labour as bard as I can , and I did so those days . The consideration money ia for the place we work in . If I were to work in tbe same place a fortnight it would take me another fortnight to elear myself . It would be impossible for any ] maa to make a livelihood in the place where I have worked for the last Bix weeks . It is a place not fit to put a dog in , let alone a Christian . Though I have a wif « and four children , I -would rather go to prison than work the bund .

    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 tbe second , and none on the third . Have been in gaol for nine weeks for leaving wotk five years since . I was committed from ( Meshead . Robert Richardson bad worked ia the five-quarter seam six years . I heard the bond read over , but I was folly aware that . I could not make a living if it were pat in force , bat I could not get work elsewhere . The bond baa never been enforced since it was a colliery till new . I have never been before a magistrate , bub I would rather go to prison than work under this bond . Thomas Clougb , "who stated that fee 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 ;— |

    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 , bnt I could not get them I went : to a shopkeeper and got weights , and found it to be strictly just . A fortnight after I thought 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 bad a variation of 12 lbs against the men . 1 was examining tbe 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 Is a pivot with a sharp point , on -which , it works and

    wben that point becemes round it operates against the men . It would become round In aboat 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 persuaded their , off , for I am against all strikes among bound men . I advised them to apply to the magistrates , and they said they bad refnied 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 ta 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 heard it repeated that you bad endeavoured to widen the breach between the masters and men .

    A eurioos scene here occurred . Mr . Roberts asked the witness if anything he had beard could justify the imputation thrown upon him by the Bench that 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 tbe Bench were not aware of any auch imputation having been thrown ; out Mr . Roberts said such an imputation bad been thrown oat by those who ought to be ashamed of themselves for doing so . [ Mr . Elliot said 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 was surprised and aorry to see a man professing to him a liberal education conducting himself as Mr . Roberts then did , and it was in consequense Ht that that tbe observation fell from him . J

    Mr . Roberts said none waa more aware that he possessed an infirmity ! of temper than himself . He had done all he could to prevent the case coming here ; but when it did come he had entered into it heartily , because he felt most deeply ; and every one moat see that his demeanour waa ! not put on . He would have made any concession , perhaps almost what he ought not to have done , to prevent the case coming here ; bnt as it had come he would use every exertion , and fiatjuslitia ruatccelum . \

    Mr . Elliot would grant all that , bnt what had it to do with the observation . He thought Mr . Roberta ' s conduct could only ] be styled indecent ; and he only regretted that on that occasion Mr . Roberto's words 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 exprea . aioh . of that kind , ihe should have been the very first person to have wished that . everything should have been forgotten . I .

    Mr . Roberts—So far as your speech Applies to me I throw back its imputations with all the contempt they deserve . j Mr . Elliott made ] some remarks aboat " a Court ef Justice . " ! 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 , that were really deafening , greeted tbe 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 ont together . ! After about half an hoars' absence they returned , when the Chairman banded to Mr . Hays a resolution , which he said bad been unanimously agreed to , and which , at the Chairman ' s desire , Mr . Hays read . It was as follows : — I

    " The Bancb is of opinion that a eross contempt of Court has been committed by Mr . Roberta , ia the observations just addressed by hia to the Bench , which In a superior Co « t of Justice would have led to immediate commitment ; jand the Magistrates are willing te hope that another j mode of proceeding which is open to the CoHrt nay be rendered unueceBearv 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 lorry , and will never do it again . L

    Mr . Roberta—Apologize for what—sorry for what ? Sorry that I feel abhorrence at tbe dreadful mockery going on within these walls—sorry that I cannot restrain the expression of that * abhorrence . However I will withdraw any ] expression you dislike ; and if that expression is in reply to a charge against me I will repeat it again . : i > ; Dr . Fenwlck 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 . RobertcH-SoBJe atrong observationa 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 respsct to the judicial character of the Court I will withdraw the expression . Bat I will always resent rach . a fcbJng at the time ; and , will throw book with , aoora arid contempt every imputation attempted to be thrown on me .

    Untitled Article

    Mr . tfiWrDiivn—it wouid be an extremely easy process indeed if a gentleman standing as you do , ana acting in a superior court , ware 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 yon 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—that we might have done it , and that a suporior court would have done If We think that thete ia another , mode of proceeding which mlg&t be entertained , bnt we have mabea that by a proper proceeding on your parfc you may render that unnecessary . It is for you to consider whether what yon have jost said Is a proper mode of acquitting yoursolf or not

    Mr . Roberts—Acting on my own judgment , I considereal I bad off / red all that the Court require ^ , whan I said I withdrew the expression . When I said thai I meant 'I will withdraw it—I wish it had not been said . ' ( After a pause ) . If there are any words to pat in to express it , I will put them in . Mr . Spearman—I woald say that the expression vrei an improper expression , and that yon are acswerabls for it . Mr . Roberts—If the expreasiou that I have endeavoured to widen ths breach between the masters and men is withdrawn , I will retract my assertion Mr . Spearman—But you also said that the lash was necessary to drive some men to do justice , and that you had applied that lash . Mr * Roberts—I say so still . I apply the imputation very much to the masters , and I am sorry thai there are sometimes masters on the Bench . ( After a pauee ) . X withdraw the expression .

    Mr . Fax—It had bolter be considered as not having been uttered . This Beemed to be agreed to , and axle * a short interval , — Mr . Roberts again roBe and said—That being accepted , I now say that I most sincerely apologise for it . I should consider myself unworthy of the position I hold if I did not feel indignant at the horrible humbug " I am compelled to witneas . I should be uawoitby too of that position if I did not express my indignation with the warmth -which , tvery honest man must feel at tbe disgusting fatce . And now having expressed it I will apologise for it . The Chairman— Tbe Bench are quite satisfied . Mr . Roberts again rose , and asktd if the Beach 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 put the question to save the time of the Court , bo 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 ho had bad an opportunity to reply . Some farther conversation and argument tools place , which resuItebVin the Bench declaring that they were of opinion that sll 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 bed been Hitting behind the owners , and had enjoyed with them a comfortable chat It would be wrong in na 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 Borne time ago he found some weights all wrong ; and that tbe weights in question were ' « lumps of lead , " not such r 3 were recognised by the law , and therefore he could not

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

    directed them to apply to the viewer on the subject , and sIbo to go to the inspector of weights for his advict . Afterwards I was informed that this had been done , bat with no result I recommended the men to continue at their work . On Sunday iha 19 th of November , hav ? ing heard that the men were unsettled in consequence of the weighing machine still remaining unadjusted and other grievances , I drove over to Thornley and saw several of the men that night ; I held a meeting vt the men at six o'clock the following mo ; niEg , 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 that the men complained of the weighing machine that it was unjuat » and requested him to erect a beam and scales . He raid he would , but could not do it immediaiely ; he had other things to do . I pressed the poinf npon him , and he 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 Ionient . I read from a paper furnished me by the men . He replied , be . should enforce the bond . I remonstrated agaiust this , that it was impossible for a man to obtain a living under the bond . He answered he did not care about that , he should do it I then walked away , bat returned immediately , and asked him , as he meant to enforce the bond , and tbe men could not live under it to

    give the men their clearance . This he refused . After this I left him . Mr . Beasley was with me tbe whole time . The men followed na . I did not know faow to advise them , and drove on for about a quarter of a mile . Then Mr . Beasley as well aa 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 tbe owners would enforce the bond , notwithstanding the assertion of Mr . Heccles that he would do so * The men promised to comply , and we drove on to Lan-Chester , where we vrere to be by nine o'clock . A few days after , I believe on Thursday , the 23 rd , a deputation from Xbornley Colliery waited , on , me , and infoomed me of the 22 a . being stopped from one man .

    and tbe other eases detailed in the evidence , find that the bond was now ao strictly enforced that it waa impossible to obtain a living under it Under these circumstances I declined recommending them to return to work , and I held oat a hope that I might persuade the magistrates to reason with the owners on the ( subject . I do most firmly believe from the conversation of the men , any small act of justice or conciliation would have gone far towards inducing them to go to work again * Cross-examined by Mr . Marshall— When I was before Mr . Heccles , Mr B « esley did not use any insulting language . I do not recollect Mr . Beesley saying that he would not believe a wetd Mr . Heccles said , whilst I and Mr . Heceles 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 and scales . I think with an extraordinary number of men , the beam and scales might be put up in a night , bat I know nothing aboat it . I understood Mr . Heccles had promised them before . On the first night of this inquiry an offer was made to regulate the fines . [ A paper was pat into Mr . Roberta ' s Band which was admitted to contain the propoBitionsof the owners . It was to the efifect that the owners bad no intention of making any alteration in the previous mode of inflicting fines * nor was it thel * intention to do so in future , If the men returned to their work immediately , the owners would use every meana in their power to obtain a satiBf aotory settlement and a remission of the paniahmeat of tbe men in

    prison , ] Mr . Roberts continued—I stated that this very document was a condemnation of the masters themselves . In it they stated that up to a certain period they never intended to enforce the bend , and yet it was because those three men had refused to work under thai bond , wbicb they never intended to enforce , that they were sent to prison . 1 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 boad had been more strictly enforced lately than before , but I am not quite positive .. I have certainly very great donbts ii Was said if the owners do not admit It . I believo , on eenalderatlon , it was not Bald . I " stated that the great error and awkwardneai was in my opinion tbe three men being in prison ;

    bat that I would use my utmost efforts to , bring about a reconciliation . I am not able to say whether the negociation terminated abruptly in consequence of an expression that fell from M £ Beesley . I think it terminated aboat the impossibility ef getting those men out of prison . Another attempt was made on the foHowing day for a KCODciliatJon , and I saw a deputation from the men , who expressed themselves very anxious to do what was . ii ^ ht , and . they agreed to give « p the release of tbe prisoners for th 6 next two oi three days provided that I and Mr . Beesley in the mean time would exert ourselves io have their grievances remedied . Mr . Beesley and I and some of the man were to wait upon the viewers , talk the matter over ,

    and endeavoor to make teras satisfactory to all patties . This was the time that the magistratea adjourned to one o'clock . I went to Mr . Marshall ' s office and told him of the proposition , on Which be said hfl would see the owners . At that time I entertained * strong coMietion that the whole matter might be arranged by Wednesday , and tbe men consent to retain to their work on the arrangements being perfected , and before I requested the «»» # *• trates to apply to 8 i « James Giabaffi to * the releao * of tbeprisoneiB , I iDadft it a point with the men ttafe Uxey should be cotnally at tbelr work prior to the M *? gistratesVinaking that application , and ^ tbey complied with request

    my ... ... ... ! By Mr Marshall—That negociaaon was broken off in eonseduenpe , as I anderstood , of the owneia refitting to ento inter th e negociadon before t&e men tetoined to their work . I declined recommending the men to go to their Work until I , by conversatioij ^ wfthtte owners , had ascertained that they were willing to concede what was fair and just I believe the owners expressed their wish to enter on this negociation Sirectly after the ^—r [ Here a small portion of ourMS . having ^ been mislaid , we are un&bie to give the conclusion of ; Mri Roberta '* examination . ! ., ( Continutd in our Eighth page . )

    W§T C^Tjm-^ Gst&Emm

    W § t C ^ TJm- ^ gst&emm

    Untitled Article

    ^ ================== N I N ^ THE ORTHER STAR- 7

• Citation
  • Northern Star (1837-1852), Dec. 23, 1843, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct513/page/7/