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IHE TBOBNI ^ Y CASE—MOST EXTRAORDINARY PROCEEDINGS . The fellowinx evidence tbi giTen after the close of Hi . Roberts' speech : we had not space for it in our impressdon of last week ; but this -we do not regret as our reader * -will now hare the -whole case for tbe defesee "before them . We have been compelled te curtail the evidence of some of the witnesses , bat all important facts are given . The first witness called by Mr . Roberts ¦ was John Cookson—I am a servant at Thornley dolliery . I don't think that a man conld get a liTing there if tke bond was to be carried out in its strictness . If a quart of coals In a tnb Is to be fined I am stuea-man cannot get a living . I Trill go to gaol before I will go again to work under the bond , Cross-examined by Mr . Marshall—I cannot tell how much I was fined the last fortnight I was paid . ! Ehs bond had mot then teen pnt into operation . I was fined aboui a shilling the last
Matthew DawBon—I -work at Thornley Colliery . Have worked there two years come April . It is not bo easy to obtain a living there now as it was three months » go , because- the bond Juts ttever been put in force tid tmc . If the bond is pnt in force in the jBYe-qaarter Beam it is impossible for a man to jet a living . Ijwas a check against thej two men employed by the owners , for the men . There was a good few layiug » out They -conld have laid out a great deal more than they did . I recollect 22 s . being laid out for one man Re-examined —All fiie tubs contained foal coal , bat all were not fined . If all had been laid out that might have been , they would haTO to stop the pit Thomas Dermot Jdoran—I work at Thornley Col-Hery . The quantity of coal laid ont has lately been sxore than before—since the bond was actea on . I csnnotesm a lining if the bond Is carried out I am not a bound man ; but I would rather go to gaol than Wort under the bond .
Cross-examined—Two of us have had twenty-six quarts laid ont in three days . Did not keep any account of the fines during the previous twenty weeks . \ vul not swear I -was fined to the extents 20 s . or 10 s I think I would be fined 5 s . I believe I was fined £ 1 7 a . the last fortnight I was paid . Re-examined—Tke bond had not then been enforced . The fine for the twenty-six quarts was 6 s . 4 d . There ^ rere two of us for that John James Bird—I have worked at Thornley Colliery a year and seven months . The bond has been acted on more stringently during the last fortnight I doubt yery much that an average man could make a living under the bond . The steelyard has been a gtmal subject of complaint for the last ten months . I would prefer the prison to working under the present bond .
Cross-examined—I am not a regular pitman . The keeping of of a half-crswa was not the cause of tbe men striking , Wn . Wearmonth , another pitman Mi Thornley—There has been a great deal laid out lately more than l > efoK . The bond had been enforced before this—a good few half-crownB . It had not been enforced before for ths quart of stones . If enforced an honest man could not obtain a living . The men thought the steelyard was UD / ust 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 pnt np directly . I have bees la gaol before , and I would rather stop there for ever than work nnder this bond . Cross-examined—I requested Mr . Heccles to have ths
mMhvnft adjusted a month or two ago , at his own bouse . There were a good many more with me . The request was to adjust the machine that was then , but it is a fresh one now . All the men wanted was a just -onaj Two men wars . ' appointed to go and see the WBigbing machine adjusted . George Naisbett ^—I worked at the colliery formerly —three-quarters of a year before . I heard complaint ? about the weighing machine . Some men sent to Mr . Be ^ cles on the 13 th of November . The bond was sot enforced the jrevioas part of the year . I don't fhink it possib ' e for average men to send up tubs without xme quart ef stone . It is the feeling of the men generally that ihey had better go to gaol than work for nothing . I know of men being brought in debt to the owners . They were honest men , and average workers . This dosed the evidence of the first day .
Friday , Dec . the 8 th , commenced with a scene which ^ he local pa pers assert " beggared all description . " The justice that is administered at Durham is indeed of B most extraordinary description—and yet perhaps other "justices , justice ' would be found equally strange , if contested by men who , as in the present instance , gloried in exposing it—in " lashing" theii " worships " till the rogues squeaked In agony . Oa Friday , the Court met at ten o'clock , and Mx . Roberts called a witness , who was about to be sworn , when , — The Chairman inquired whether anything had arisen from the consultation over-night between the parties .
Mr . Roberts replied that many of the points in dispute tad been agreed between the parties , but the owners still stuck out on some , and nothing satisfactory had been agreed to—( loud shouts from-the pitmen , and general confusion throughout the Court which continued for some time ) . Comparative order having been natored , the Chairman appealed to Hi . J . E . Marshall , who said the Thornley Coal Company had had a meeting , and he would state the result which they had come to at- that meeting . Mr . M . was about to read over tbe resolutions of the Company when another scene oT disorder ensued . Mi . Roberts proposed to submit the matter to reference . ' . Sir . Marshall—To whom would yon refer it ? Mr . Roberts ( with great vehemence )—NottoacoaJ-• owner ^ -or Hib relation by marriage or any other way of a eoal-owner—not to a -viewer—not even to Mr . Heccles—[ loud cheers and groans from the pitmen ) .
Mr . Marshall—Do yon mean , then , two hewers er col-¦ iiery workmen ?—( groans and uproar ) . Mi . Roberts—It seems the colliers are to be thankful that yoa send men to prison for wh&t you admit io be mailers of doubt —( great cheering and uproar from the pitmen ) . I will n » mn Mr . Mather , of Sonth Shields , as -one of the referees . I believe him to be a friend to the men , a friend to the masters , and the friend of justice—{ hear , near ) . I say it is a rascally thing to have thone men here—( great cheering from the pitmen ) . The Chairman—1 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 due administration of justice and the dignity of the Bench—( uproar ) . Mr . Huberts , with great energy , —I repeat , the men have been unjustly used . ( Cheers . ) The Chairman made some observation which was lost in the uproar .
Mr . lioberts , with increased vehemence , —I repeat it iGreat cheering and uproar . ) Dr . Fen-wick . —I say it is a base and insolent misstatement ( Uproar . ) Mr . Huberts , to Dr . Penwicfc , —I cannot hear yon . ( A laugh . ) 2 > r- Fenwiek . —2 fo . ' you are rery conveniently deaf . - ( Uproar , which continued some time . ) Mr . Elliot—These remarks can only be made with & "View to widen the breach which exists between the men and the masters ; they cannot be made for the good of the men . Mr . Roberts . —The men have been made mad by What the Bench said last night fLoud cheers , and agitation . ) They cannot be excited more . ( Renewed cheers . )
The Chairman , —All the improper and insulting language used on yonr part will hare no influence with the magistrates , who are prepared to extend the principles of equity and justice to the workmen . { Tanmit . ) Mr . Bobebis , addressing the chairman fiercely , — "Ton know you are unfit to occupy that seat : yonr conduct is most partial and disgraeefuL Before my ease was closed you deJared from that Bench on wbieh you csnfer no honour , that the men . vsere guilty ! Is that thespirit—Thundering groans from the gallery mixed with contemptuous yells as the Bench prevented the conclusion of Mr . R / s sentence being heard . The Chairman—It was net so stated : it was not stated from the Bench that the men were guilty .
Mr . Roberto—Pause , ere yon add the guilt of falsehood . The hundreds in the gallery heard the accursed speech . £ The Chairman—It was not , stated from the Bench thai the men were guilty , Ur . Roberts . —Ton did Btate bo . —{ Tremendous uproar . ) The Chairman , with great neat , and stampingjwith his feet—It was not so stated—it was stated that there was matter for consideration . Mr . Boberts , Also stamping—Aye , I « an stanptoothere ' s but little argument in that—( Load cheers and
laughter ) . After seme more altercation the chairman sat down —put up his becks and coaxed then . Then another * Justice" took up the cudgels ; the great game of the *« unpaid" is to make tbe men believe that they ( "the Justices ") would be more merciful if that Mr . Boberto would but be quiet , and let them d * it comfortably . Mr . Elliot—I burt thaV the aien here have sense enough to see that their advocate is not attempting to ¦ erre-their interests , bmt solely to widen the breach which onfortunafcely exists between them and their giMtanL
Mfc Robert ! Tehamently , pointing to the three pr 3-¦ anej * , —Tfc » t i » the breach—those three men ( indesenkable tnmvlfc , amidst which Harewood started up * nd bawled out atihe fmll pitch rfhiSToice , I 11 go to gaol for one , "— ( great ^^ " 5 a » d rentcwed uproar followed ibis sally ) . Ht SUot—For my part I am determined to do my ObSj unflinchingly , whatever may be said either on one tide vi the other —( uproar . ) Jthe Chairman , recovering himself and pointing to Mr . Boberts—The magistrates bave no wish to act on other principles than those of impartial jsstice , ana it is imjtossible that the Court can submit to such gross insolence from " ihe man who sits ftere "—• igrosns ) .
Hx . Roberta—I am instructed that in the tiial of these Ihrae men , the ' ordinary , forms of every court in the kingdom have been violated . Por my own part I do not cw » a farthing for the mere technical objection ; but I am told tfcat Qia » e tiree men were each charged with
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a separate offence , and I again say that the « utom of every county has been violated in trying these three men together— ( loud cheers from tbe pitmen ) . I again , continue * Mr . R ., offer to refer this matter to arbitration—to refer the question whether the bond 1 b a fair one—( hear , bear , hear ) . I have endeavoured as much as possible to reconcile the men and the masters . There are a dczen Collieries which would now have been out of work but for me . I hare induced the men again to go to work at Caseop and FramwellgateMooi Colleries . I believe the peace oftheColleries is in the main owing to my exertions —( loud cries of hear and cheers ) . Do not send these men to prison , but refer it to arbitration , and a good understanding will then be restored—( cheers ) . No answer was made to this proposition . The Chairman—Let the case go quietly on . Mr . Marshall—Do yon jwopose to refer the whole question of the bond ?
Mr . Roberts—I am for the whole question « f 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 . Roberto—I will refer the whole question to arbitration . —Some further conversation took place , which ended in Mr . Roberta 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 he was sorry to say that they could sot agree with regard to the men in prison , whom it seemed impossible to get out . The other points could have been arranged . Tbe Chairman—Their liberation does not rest with the owners , or even with the magistrates .
Mt . Roberts—I think we conld 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 cannol be remedied now without an application to the Secretary efState . Mi . Boberts—I have done all I possibly can . The Chairman—If such , em application were made oy the Magistrates , 1 have little doubt but it would be acceded io . Mr . Boberts—I have great doubts of it myself . If I had been here at the time these men were tried , I think I ctuld have convinced the magistrates that it was at least a matter of doubt Could the present case not be adjourned fox 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 .
Mt MarsbaU—Would the men go to work in the meantime i Mr . Roberbs^—They might possibly . Mr . Roberts—I request tha * this case be postponed for a week . A conversation then ensued between Mr . Roberts on the one side , and Mr . Elliot on the other , which ended in the adjournment of the case to one o ' clock . The Court re-assembled at one o ' clock , when Mr . Roberts , without any observation , proceeded to call Wm , Henderson as a witness . The Chairman inquired what bad been done daring 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 reqneat that you will postpone the farther consideration of > w « ease tro '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 . Before sitting down allow me to state that I think the magistrates would do well to decide that a
weighing machine , consisting of beam and scales , should be established everywhere , and that they should be stamped by the proper officer of Government . Wishing to promote that reconciliation , 1 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 postpene tbe case till Wednesday , ia order that tbe masters may do an act of grace . I believe the men will be all at work on Thursday morning . X 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 to ~ rlolate tbe agreement , it would be inr proper to listen to any terms of compromise . Mr . Roberts—Do yon mean that you will net argue the question with me unless the men previously go to work ? Mr . Marshall—Yes . William Henderson was again called , bnt previously to the commencement of his examination , Mr . Roberts said—I have already made the application with the consent of the opposite party , and I now make the application without their consent , to postpone this case until Wednesday ; and I can assert my belief that matters will be reconciled before that time .
Mr . Elliot—The complaint is now before ns , and it is our duty to proceed with it . The Chairman—We have wished to know what had been done up to that time . Mr . Roberts—The interval which I had with your permission was not long eneugh to carry out its object 2 may state perhaps what I want . I want a deputation to wait ob the masters . It is the belief of the men that they can do better with the masters than with ths 'viewers . Dr . Fenwick—Tbe bench find themselTes in a situation of very great difficulty . They have heard nothing of what has passed , and they know nothing of what either owners or men are willing to do . How can we determine what ought to be done , being in total ignorance as "we are f
Mr . Roberts—I shall not make any f miner application . ( Cheers from the pitmen . ) I have done my duty . There has been 4 d . a tub taken away from the men when there should only have been id . The quart is the quantity that still exists , and that we propose to submit to the viewer . We propose to have beams and scales nicked and stamped , and to go into the whole of the grievances of the collieries by means of a deputation . I believe the matter will be settled . If tiie application is refused , I will do my duty to the men by going on . Mr . Marshall—The owners will be most happy and willing to meet any deputation if the men will first go to work . The Magistrates took time to consider , and a difference of opinion apparently prevailing they retired , and after an absence of nearly half an hour returned into Court , when
The Chairman rose and said—Tbe magistrates have taken everything into their serious consideration , and would be very glad indeed to find that there were any hopes of reconciliation . Mr . Elliot—Has there nothing taken plact between the parties since we left the Court ? Mr . Roberts—Nothing further has taken place . The Chairman—Then it is impossible on the application of one side only , with no particular reas « n assigned , to grant the application . Ton had better go on Mr . Boberts . Mt . Roberts immediately proceed te call
William Henderson—I have worked at Thornley Colliery since April last Since the 20 th November last mor « coal has been laid out than previonsly . I work in the Sve-qnarter seam . At the bottom of that seam tbare is a band of black brass , rnnniBg from l £ to i inches in thickness . On the top of the coal is a band of grey splint about four inches thick ; on tbe top of that a band of vshilt slant runs to near eight Inches thick , and when we hew the coal all this has come down regularly the last sis . weeks-when I have worked . It is not possible to get all this out of the coaL The black brass is hewn with the coaL It goes into the tub also . We cannot conveniently get it out because it is wrought with the good coaL The black brass is as liable to be laid out as other things . Prom the colour of the black brass
it is not possible to separate it from the coaL We bave only a Davy lamp to pick it out with , and from the waat of air tee are almost st'Jkd , so that a man cannot tell altogether what he is about when ne is doing it We cannot tell the black brass from the other when it is 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-inch band above the others I have mentioned which generally comes down with the coaL That is called fonl coaL It does not come down so regularly as tbe other seams under it The deputies have to prop this up , but it gets so broken that they cannot get the timber under . I bave worked in other collieries , and never faKtoioAordaoondasthis . I was fined on the 18 th of November . I complained about the machines when I had been about three months on tbe colliery . I cannot give any account of anything being done to rectify it
Since the 20 th we havehad 68 . stopped ont of one tnb . The payment for that tub would have be « a Sid . Twenty-four quarts at 3 d . a quart were stopped out of that one tnb . That was before we stopped the last time . Never knew such a stoppage as that befwe the bond was pnt in force . That was the account taken from the master ' s man when the tab came to bank . I always chose the prison before working for nothing . Mr Boberts—Bo yoa think all the men will rather go to prison than work aider that bond ? Witness—Yes Tbe " tbs" was re-echoed from hundred * of the pitmen . Cross ^ xaininad by Mr . Marshall—I was fined 8 s . Sd . for two days . Those were tie two first days of the last three we worked . Nothing was token off for the last day . I cannot recollect what was the amount of my fines before the strike . I wfll « wear nothing about whether I was ever Ined a . shilling , because my mind is so distracted with , thia oppression that I canswear othing about it- < loud cheers from the pitmen ) .
n John Stephenson , who had worked at tbe colliery nearly two years , gave similar evidence—I was one of the two annointed by ihe men to inspect the laid-outs . SSSKS the most laid out in . one tub . That came out of tbe main seam . Tbe fivfrquarter seam is worse than the main Beam . I have been a coal hewer vxrdv years , and never knew bo hard a bond . Although I have * wife and five children , I wouldrather £ > to that gaol tiU April than work under tkia bond . Cross examined-I was beund a Secoad time because I eonW do no otherwise . The other colliersj would aot bina .
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Other men might go to other colleries . 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 since the last binding . There were twentysix men fined on that day . I will not swear that there were only twenty-Bix men fined in that pit on that day . Mr . Marshall—Will you swear that there were not 100 men . Witness—Na , aw knaw what aw ' a about . Reexamined—The keeper said that every other tub might have been set ' eat if the bond teas enforced ,. He is the master ' s man . I think his name is Geo . Brown , No man would pat splint into their tubs on purpose . When a man has been fined 83 . one day , and 4 b , another , it has been from the state of the pit Mr . Marshall here applied to bave all the witnesses ordered eut of Court . Mr . Roberts resisted tbe application , and said it was all of apitce with the condaot of the owners .
The Bench conferred some time , bat gave no decision , and Mr . R . proceeded . Joseph LoDgstaff , another pitman—It was often stated to me by the weigher of coals that he was astonished we should allow the weigh to go on in that state . His name is William Kay . I have heard that the steelyard would 'weigh either 9 lbs . or Ulbs . either vsay . Kay said this . lam 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 Bay from my own observation that it is impossible for a man to live under that bond .
John James Bird , who ha * applied to the magistrates for a summons against the masters for ill usage and had been refused—Went Jlrst to Mr . Hays'a office , and then toMr . Hays ' s house , and then to Mr . Barry , the magistrate . Mx . Barry came out and asked what we wanted . We said we wanted a summons for non-payment of wages . Se asked the warn , 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
taw 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 make application to the Bench . By Mr . Roberts—I have heard you tell the men to try every means to obtain justice from the magistrates , before they resorted to the strike . By the Bench—It would 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 te the Bench next day .
John CresBwell , 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 niade no difference ] Could not tell how often he had been fined . Had been fined three times in a fortnight At the last pay , they said they bad found out their error of charging 4 d . instead of 3 d . At the last pay , the difference , it was said , should be returned . I think I was never charged more than Is . a tub in a day ; sometimes there were three in the fortnight , and sometimes they took one off . It is tbe general conviction of the men that they have been cheated by this steelyard . John Xumsdeii-spoke to the same effect as the other witnesses . '
Samuel Turner said he had worked at Thornley six years , and never knew wages so bad as they were now . Had worked at other collieries , and the five-quarter seam at Thornley was the dirtiest ha had ever worked In . They were erecting a beam and scales now , and that be believed was one result of the present strike . Wm . Wilkinson said Mr . Heccles had told him be knew the weight was UDJust Mr . Heccles said he knew that it made a difference with the weight acceding to the end at waicb tbe tab went on , and that eves a one-sided corf would make a difference .
Mr . Roberts here appealed to the Bench to know if they were not of opinion that he had made out his case —that it was impossible for the men to work under thia bond . Tbe Bench said the usual way was for the Bench not to give an opinion whilst a case was in progress ; bnt to leave the matter altogether to tbe discretion of the advocate . When be had alosed hiB case they would consult and give their decision . Mr . Roberts then called William Turner , another pitman—Believed if the bond was enforced every tub would be laid out in the five-quarter seam . Had been several times at Mr . Heccles about tbe laid-out and the steel-yard . Told Mr . Heccles they would like to have the beam and scales upon tbe heap . Mr . Heccles said be had business of more importance than putting up the beam and scales tOK&ttend to . They were advised by Mr . Roberts to go to work again , in order to pat themselves tight with their masters .
Mr . Roberts was about to call another witnesB , when the Chairman said that as there was no ehance of getting through the evidence that night , the Bench wished to adjourn the case , and as the next day was the petty sessions , they thought of adjourning till Monday or Tuesday—Mr . Boberts said be bad some other prisoners to defend on Tuesday , and solicited an adjournment till Wednesday . To this Mr . Marshall did not object , and the case was therefore adjourned till Wednesday morning at ten o'clock . Wednesday , December 13 . The Court met this morning at ten o ' clock . Mr . Roberts / before the Court was opened , again applied for a summons against the owners of Wingate Colliery . In compliance with the opinion of the Bench he had applied to a local magistrate , by whom he had been referred to ihe Bench , and thus tbe men appeared to be bandied about from one to the other .
The Chairman said the magistrate applied to had doubtless meant the Board meeting in that district , and Mz . Roberts should apply there ,. Mr . Roberts bad not entertained that view of tbe case . Mr . Marshall then applied that none bnt the witnesses under examination should be admitted into Court His only object in making this application was that the witnesses might not be prompted by the men behind them . In support of his application Mr . Marshall cited Roscoe'B Law of Evidence , from which it appeared that witnesses coald be ordered oat ol 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 Wire admitted . The doors were then opened , and tbe 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 once refused , tbe flame motion could not be made again . The Chairman , after some consultation with his brother magistrates , said that tbe bench bad no doubt about the propriety of Mr . Marshall ' s application , or that they were bound t ) agree to it , but they asked Mt . Marshall if he thought it worth hiB while to per-Biat in it ? Mr . Marshall said , under the circumstances he would not press it ; and the application was accordingly withdrawn . Mr . Roberts then called , —
Wm . Anders » n . —I am a collier working at Thornley Pit I have worked there since the 15 th ApriL The price for working a tab is a little more than 3 ^ d . As an individual I bave used every energy to make a living , and have of late thrown off several tuba a day to get clear of the fines , and I think if we were to be fined for having a quart of fonl coal it is impossible for any man to make a living . At the last reckoning I was fined for four quarts , but they threw one off and only fined me la . I had been as careful that dsy as I ever was before . I took more than usual care , becanse I knew the crisis I was in . I 'was not fined for more than one tub that day , but ; I did not work as much as 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 nave done , [ Witness gave nearly the same description of tbe bands above and below the fivequarter seam as tbe other witnesses . ] I bave also worked in tbe main seam , and have been charged 4 ti a quart for what has been laid out The grievances of the colliery are—^ first my own)—I was to average 26 s a fortnight , and it would be the 12 th before I was employ ed . For that fortnight I received nothing . The next I received 3 s 7 d , the next 18 s 6 d , and the next 23 s 6 * d , and for that I worked in six different parts ot tbe xalne . 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 steelyard being unjust The main of oar grievances were seeing the laid-out and the weighing machine . There were two or three different deputations formed te Mi . Heccles , bat some of them were afraid of him . The deputations represented the wishes of the men generally . The weighing machine tmis never adjusted to my knowledge . I think tbe priaon is a place to which I should not like to go , but I would rather go there than go to tbe colliery any more —( hear , hear , and cheers ) .
The Chairman said if these disorderly proceedings were continued they would be compelled to adjourn to their osual place of meeting . William Ord had been off ten weeks from lameness ; had been fined 4 d ., Is ., and Ss . 6 d . a tnb , about the latter end of July or beginning of Anguet That was when Mr . Heccles was keeker . Went to the screenman and asked him what the fine was , and the one pointed this way and the other the other , and laughid at me , and said it was Mr . Heccles ' s own doing . Went to Mr . Heccles , an A be asked me if I was not content with the half-crown , and I said— "No , man , bow can I be content wit'a faalf-a-erown taken off when I ' ve only
addled Ss . V He threatened to get a warrant against me . They fine u » just as they have a mind . It is anything but jp . et Mr . Heccles Bent for a warrant , but we got advice from an attorney and tbe warrant was never got The men were stupid or half-mad wbe * they went hojjie bst Friday night On tbe 20 th , Mr . HeceJea gaid the beam and scales should be put up direckl ' y if the men went to wort . They did go . Mr . Heee > ea had previously promised to put op a beam and seaVjB . At one time he told us he had had them iji ' j g in his storehouse for sis months . I am FJsitive about that : that would be about three months singe I think , bat I'm not qualified to 1
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state the time or anything abont it Mr . Heccles made a . gross mistake ; when we asked for the boxes he sent for the quart pot . We did not ask for ihe quart pot . If ! fc S ? ° » " ^ " * ° - * * " * told a Ue ' * a ™ 88 lie - The boxes were that each man might see his own . I have been there when there were 100 , 150 , and perhaps ' »¦ » , - £ wiw ne * e * » quart pot mentioned—it was all Mr . Heccles * free gift That 111 swear to . It would have taken all the men in the colliery to measure the stones . The owners knew that as soon as the bond was enforced the colliery would stand . I thiukthey enforced Jt at last because they wanted the colliery laid in . The refusal of the warrant which was applied for at Durham irritated the men ' a minds , because they thought the master could get a waggon load of warrants and themen coald not get one . They thought they could not get justice either from ihe owners or the magistrates .
Just previous to the 24 th , the men came to the resolution that they would stand for ever unless they got i |< f Every man will go to prison rather than yield . I will rather go to prison than work at the main coal or any seam , they have . I have not earned 2 « s a fortnight on the average . . Wm . Kiy—I am wei gher for the Thornley colliery , and amjmployed by the masters . Witness described the working of the steelyard , and said he could make tt either , uH or unjust as he chose , and thafhe would explain . There were four piviota , and if the waggon were placed in the centre of them , it wonld weigh justly , but if the tub were pot to the one tide or the other of these pivots , it weuld give a greater or less weight tnan the real weight By the shifting of the weights tbe men might lose ilbs . It bore on his mind that he had weighed lflbs . wrong on one side ; and 4 lbs . on the other . /
Re-examined-Did not think he could do justice by this machine . Mx . Roberta here made an application under the Weights and Measures Act for a ( summons against Mr . Heccles , in order that the steelyard might be brought into court . He said it was a fraudulent one . A great part of this inquiry depended op whether it was fraudulent or not In God ^ a name let them have the truth . The application was grounded on the 9 th and 23 rd sections of the Act 5 and 6 Wll . IV . c , 93 , which imposed a penalty for false balances in cases Where goods were exposed for bargain and sale , or when they were intended to weigh for the purposes of carriage ; but nothing whatever was said about balances for weighing between master and man . The Chairman Baidit was the decided opinion of the Court that the Act did not apply to thia case .
John Bates had worked at Thornley for one and threequarter year . Worked in the main coal one year . Since the bond : had bs ' en put in force had been fined 3 d . a quart , and before 4 d ., and la . a tub . It was tbendene at the discretion of the keeker . If he thought it deserving of it he -would lay on Is . For the last quarter there had been la . laid-out to return , but nothing was received for the half-year before . We think we are entitled to have the odd pennies returned , and have applied tor a summons against the owners to recover them . One time I was fined la . which the keeker said
was for splint , when there wasnot a bit of splint where I was working . The men are tired of applying for summonses . They applied at Durham twice . I know they applied twice , for one time they did not come . I went to the inspector of weights and measures some time in the summer when he was at Thornley . He was then adjusting the store-house weights in the colliery raft yard . He took all the weights away I think because they were not just He went on to the pit heap and looked at the steelyard but 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 sa > d being received in evidence . They should bring the inspector : himself . Mr . Roberts wauld then move for a suttimoss . The Chairman immediately granted the buinmonB . Mr . Roberts then applied for a summons to Mr . Hecoles to produce tbe machine . The Bench after some consideration decided that there was no necessity to have the machine produced in Court Mr . Roberta claimed it as a right The Bench—Then we decline giving any order . Examination resumed—The inspector stated that be could not adjust the weights without taking them to Castle Eden . Whilst working last year in the &yhquartsr seam , the bond was never enforced at threepence a quart
William TopliB—If the bond had been enforced before it was , the colliery must have been laid in , because tbe men could not make 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 says " Who ' s this ? ' I said "Toplis . " He sayB , " I suppose you want the boxes , don't you ?" I Baid "Yes , of course . " He asked what we wanted with them , and I said to see them laid ont . He said , " the men are going to get a summons , I suppose ? " I said , " I don't know , you are likeliest to know . " He said , "Do yea think you could not work here : a week or a fortnight and have none laid Out ? " 1 said , " No ,
I did not suppose I could . " He says , "If you will swear that you could work here for a week or a fortnight without having any laid out , yoa shall have your bread for nothing "—( loud hootings ) . He said " I should bave easy work , I should have my bread for deing nothing . " I thought ay father would not let me , and I saidl dnrst not say . Nothing more took place about that I thought him a nice man . I recollect I am on my oath , and I swear that * all I have stated is true . If the bond had been enforced before the last 5 th of April , they would not have signed tbe new bond . There was nothing to lead the men to believe that tbe bond would be more strictly enforced than it had been before .
Here occurred a really fanny scene . Tbe witness produced specimens of the black brass foul coal , grey splint and good coal : they were so much alike that it would appear impossible to distinguish one from another for the purpose of separation . Mr . Roberts handed them up to tbe Bench , ( it must be recollected that the magistrates , most of them , get their bread from the coal trade , ) and challenged them to tell " which was which . " Then they all peered over together ; two pulled out eye-glasses ; one blew his nose : after ten minutes ' accurate consideration , and twice deciding incorrectly , they gave it up as a bad job .
It is worthy of remark , that Mr , 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 s 6 d each for tbe three days ' work . They got is 4 d back besides . Previous to last year there had been sixpence a score additional paid for the black brass . The men were anxions to obtain justice from the masters and the magistrates . When the summons was refased the men gave it up as a bad job . They said it 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 work at it . I asked for my clearance , and Mr . Heccles said if he gave it to me he would put ;' : something in it which would make me get work nowhere—jyellB ) .
Robert Toplis—If the bond had been enforced the colliery could not have been carried on—it would have been impossible for a man to get a livelihood . When working in tbe main coal he had been fined fourpence and one shilling a tub . Had been fined five shillings for two tubs in tbe five . quarter seam the last three days . Hail 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 , but 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 clear 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 work very hard to get 10 s . a week if tbe bond were put in force in the main seam . If enforced where I am at present they could take every tub sent to bank , and a man would be in debt . It was tbe intention of the men to try to get justice if they could get it I think the men would not have struck if they had got a summons when it was applied for . The refusal of the summons was a rankling sore to the men , and was spoken of by them as a refusal of justice . Since these proceedings commenced I have heard the men say they would get no justice . ^ Where we work there is nearly a foot depth of water in the middle of the way . About three months since , the roof fell in to the ten inch parting , and because I would not remove tbe rubbish I was fined 2 s . 6 d . I might have had my back broke , bat I was ordered to work at the same place , and becaise I did not , and went away . I was fined .
Reuben Ferster—Had been fined 11 s 4 d the last pay for the laut three days . I worked twenty-two tubs . When I went to tbe overman to reckon , he said my coals were lllbs short in weight . The hewing came to 6 a lid , and I was fined for forty-five quarts at threepence , which came to 11 s 3 d , so that I was 4 s id in debt for three days' work . When the pay came on he deducted twenty-three quarts : of the fine , and then I had only ninepenee to receive . He cheated me out of a penny and I only got eightpence . For seme time past every shot we have fired brought down the roof with it Was never fined Us before . If I had I would not have stopped at the colliery so long . Nothing was
deducted for my lodgings—I bad nothing to give them . I pay ; 48 for ay lodgings . Did not hear the clause about the quart before I signed the bond . I will swear it was never read over in cay presence . It waa not generally known among the men that the fine was a quart . I signed the bond in the office . They would not let me sign my name , but took hold of my hand whilst I made my matt . I can write . Would be about two minutes in tbe office altogether . No explanation was made to me nor the other men who were there . Mr . Heccles asked if I had come to get bound , and asked my name ; I told him , and be wrote my name and took hold of my hand till I made the
cross . Charles Willett had "worked at Thornley five years ecme the binding . I put my , cross to the bond . I cr < n write my name . The bond was not read to me . T ' aat I'll swear . It was never explained to me . The ' office was full of men when I went in ; they were st anding waiting to get hold of the pen . Mr . Hecclea v . as there . He asked me what I worked at , and I told Dim I hewed . He put down my name , and I ^ ben pot ; my cross . It would take me three or four moments . Since that time neither Mr . Heoeles not any body else has
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1 BH ^ N ^^ k ^^^ tfV ^ itomMBVMtoM ^ iBMB ^^ AVIlrt ^ HtfM ^^ VH ^ MfeHBflMMllV ^^ aiMVfl ^ M ^^^^ B ^^ tf ^ B ^* 1 explained it tome , neither bave I had a copy given me . I recollect the summons being applied for . When it was r efused it operated on the men . Jose ph Burnett badjbeen fined 6 s- 6 d . for twentysix quarts daring the { three last days . He had only put his mark to the bond though he could write . The bond had never been read to him . He could not make a living under the bond , and would rather go to gaol than work under it i 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 worked eight years at Thornley . He had earned , on the average , 26 a . a fortnight . Daring the 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 bis solemn oath that there was not & Stone in it the size of his thumb . The foul was all black brass . They could ! not send op a tub with less than a quart of black brass . He was Is . 9 d . in debt after working the three days . | Joseph Kirk baa worked five years at Thornley , bat
coald . not tell whether he was a bound man ; was told he was . Mr . Heccles wrote my name and took hold of my hand whilst I touched the top of the pen , bat I will not swear that I am a bound man . On the first of the last three days I was fined for seventeen quarts ; on the second day I was fined eight quarts , and the next day there were six quarts of fool , bat they were not kept off . Worked as hard and as carefully at that time as at the other . Had to receive 3 s . 7 ^ d . for tbe three days' work ; that might keep a man and his family upon potatoes , bat not much else .
Edward Clark—Was jthree miles off when the bond was read over , but afterwards signed it . No explanation was given ne of the bond at the time I signed it I did not know thai I was liable Io a quart fine . I went with Mr . Huberts to Mr . Heccles . and Mr . R . asked Mr . Heccles if the men would go to work would he ( Mr . H . ) put a beam and scales onths 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 . i Jabez Wonders had jworbed six years at Thornley . Was a bound man . The bond was read over to me . I could not write , but bad put tny mark . When I went to reckon with the overman I was fined twelve shillings for tbe three day . j / then stood three shillings in debt to my master . \ At tbd close 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— j Joseph Walker , who ; bad worked at the five-quarter seam at Thornley since April last On tbe three days after the 20 th , I and my marrow had nine tubs laid out one day , three another , land one another . There were eighty-eight quarts in those tuba . They took some of them off , or otherwise we should have been in debt . One day we j were in debt They took some off ; they said they had taken tbe first quart off every tub . We went to Mr . Heccles on the night of the 21 st . He said ' we were to work away , and
he would see as paid—supposing we filled the fewer up we were to take pains . My marrow and me had 93 3 d 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 thoBe days . The consideration money is for the place we work in . If I were to work in tbe ; same place a fortnight it would take me another fortnight to clear myselt It would be impossible for any man ; to make a livelihood in the place where I have worked for the last six weeka It ia a place not fit to put a dog in , let alone a Christian . Though I bave a wife and four children , I would rather go to prison than work the bund .
Robert Parker bad worked three yeara at Thornley , backward and forward . ] I am unbound . One of tbe 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 work five years sines . I was committed from Gateshead . Robert Richardson had worked in the five-quarter seam six years . I beard the bond read over , but I waa fully aware that I could not make a living if it were put In force , but I could not get work elsewhere . The bond has sever been enforced since it was a colliery till new . I have never been before & magistrate , bnt I would rather go to prison than work under this bond . Thomas Clough , who stated that he was appointed by Mr . Heccles to take charge of ths atone and foal 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 , 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 tbe men ' s surplus weight , and on looking saw there was the main pivot deficient . I made application for those weights again , and found the steelyard had a variation of 12 lba against the men . I 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 , but I thought there waa with respect to the steelyard Itself . I did not try it , but I believe it cannot be correct , because there is a pivot with a sharp : point , on which it works and
when that point becemes round it operates agalnBt the men . Itwou ' . d become round in about three weeks . Confidence has been placed in me by the maslera and men , and I ant ot opinion that men cannot make a living there under the bond . \ The men applied to me abont 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 had refused to grant an order . I then avised them to apply to Mr . Wood ; and they said that they thought it would be of no use , and that tbe only way ta bring the matter before the magistrates would be to Btrlke , 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 yoa had endeavoured to widen the breach between tbe masters and men .
A eurioua scene here ! occurred . Mr . Roberts asked the witness if anything he bad heard could justify the imputation thrown upen him by the Bench that he ( Mr . R . ) had endeavoured to widen the breach between the masters and men ? { The question was objected to , and the Chairman said that the Bench were not aware of any such imputation having been thrown oat Mr . Roberts said such an imputation bad been thrown oat by those who ought I to be ashamed of themselves for doing so . i ¦ Mr . ' Elliot said he believed Mr . Roberta 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 sorry to see a man professing to bave a liberal education conducting himself as Mr . Roberts then did , and it was in consequence of that that the observation fell from him . - !
Mr . Roberts said none was more aware that he possessed . an infirmity of ! temper than himself . He had done ail he could to prevent tbe case coming here ; bat when it did come he had entered into it heartily , because he felt most deeply ; and every ono 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 fiat juslitia ruat ccelum . ¦
Mr . Elliot would grant all that , bat what had it to do with the observation . He thought Mr . Roberta ' s conduct could only be styled indecent ; and he only regretted that on that occasion Mr . Roberta ' s words were not taken down by the magistrates' clerk for their consideration hereafter . If after that time there Mad been any expression of [ regret , and if the case had been carried on with decency—If there had been any expression of that kind , he ; should have been the very first person to have wished that ^ everything should have been forgotten . j
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 about " a Court ef Justice . Mr . Roberts—A Court of Justice Indeed t Some men can only be lashed to justice t 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 no * now what to do . At last they all run out together , j . After about half an hoars' absence they returned , when'the Chairman banded to Mr . Hays a resolution , which he said had been unanimously agreed to , and which , at the Chairman ' s deBire , Mr . Hays read . It was as follows : — :
" The Bench is of opinion that ft gross contempt of Court has been committed by Mr . Roberts , in the observations just addressed by him to the Bench , which in a superior Court of Justice would have led to immediate commitment ; and the Magistrates are willing te hope that another mode of proceeding which is open to the Court may be rendeisd anneseseary by a proper apology . " J . Mr . Roberts—I beg ] to withdraw tbe observation to which the Magistrates have alluded . Dr . Fenwick—There is no apology in that ; you ought to eay that you . are very sony , and will nevei do it again . j it again . j
Mr . Roberts—Apologise for what—sorry for what ? Sorry tha ' I feel ' abhorrence at the dreadful atockery going on within these walls—sorry that I cannot restrain the expression ] ot that abhorrence . However I will V / Uhdraw any expression yon dislike ; and if that expression is in reply to a charge against me I will repeat It again . ] Dr . Fenwick said something which we could not exactly catch , but which we understood to be to the effect that Mr . Roberta should apologize as well as retract Mr . Roberts—Some strong observations were made upon me by the magistrates , which I felt bound to resent , and I always will resent any imputations on my conduct , whether made by magistrate or judge—aye , even by a Sovereign ; yet out of iesp « ct to the judicial character of the Court I will withdraw the expression . Bat I will always resent such & thing at the time , and will throw back with scorn and contempt every imputation attempted to be thrown on me .
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Mr . Spearman Ii ' would be an extremely easy process indeed if a gentleman standing as you do , and acting in a superior co \« fc , were to be guilty of a grogs contempt of court , and were to acquit himself of that contempt by merely say . 'ng that be withdrew the expression . I think yoa can not withdraw the expression . It was given utterance to and cannot be ¦ withdrawn , and I consider that for tbe . use of those co&temptnons expressions we should feave been warranted in Immediately committing you to prison—that we might have done it , and that a superior court would have done it We think that theie ia another mode of proceeding which might be entertained , but we have wished that by a proper proceeding on your part yoa may render that unnecessary . Ifc ia tor yon to consider whether what you bave just said is a proper mode of actJUitting yourself or not
. Mr . Roberts—Acting on my own Judgment , I considered I had offered all that the Court required , when I said I withdrew the expression . When I said that I meant ' 'I will withdraw it—I wish it had not been said . ' ( After a pause ) . If there are any words to pot in to express it , I will pat them in . Mr . Spearman—I would say that the expression we- * an improper expression , and that you are answerable for it . Mr . Roberts—If the expression that I have endeavoured to widen the breach between the masters and men is withdrawn , I will retract my assertion Mr . Spearman—Bat you also said that the lash was necessary to drive some men to do jnstice , and that yon had applied that laah . . Mr . Roberts —/ say so still . I apply the imputation very much to the masters , and I am soiry thai there are sometimes masters on the Bench . ( After a pause ) . I withdraw tbe expression .
Mr . Fox—It had belter be considered as not having been uttered . This seemed to be agreed to , and after a short interval , — Mr . Roberts again rose and said—That being accepted , I now say that I most sincerely apologise for it . I should consider myself unworthy of the position I bold if I did not feel indignant at the " horrible humbug , " I am compelled to witness . I should be unworthy too of that position if I did not express my indignation with tbe warmth -which every honest man must feel at the disgusting farce . And now having expressed it I will apologise for it . The Chairman—The Bench are quite satisfied . Mr . Roberts again rose , and asked if tbe 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 , bo as to prevent the necessity of railing all tbe witnesses .
Mr . Maraball objected to the Bench being thus called upon , as it were , to declare their decision before ha had had an opportunity to reply . Some further conversation and argument took place , which resulted in tbe 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 ao . John Hudson , the Inspector of Weights for the district , was then examined . He had been sitting behind the owners , and had enjoyed with them a comfortable chat It would be wrong in ns to speculate upon the effect of this . However , he swore that the Bteel-yard weights , and everything else , were all right Afterwards , on being pressed , he admitted that some time ago he found some weights all wrong ; and that the weights in question were " lumps of lead , " not such r * were recognised by the law , and therefore he could not stamp them . Mr . 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 bad acted . Mr . Marshall thought it would be like giving Mr . Roberts an opportunity of making another speech . After some further conversation , Mr . Boberts was sworn and said—I am the attorney employed by the colliers of the two counties of Durham and Northumberland to defend them and act generally as their legal adviser . In that capacity I have several times during tbe last two months 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 his adviri Afterwards I was Informed that this bad been done ,
but with no result I recommended the men to continue at their work . On Sunday the 19 th of November , haying heard that the men were unsettled inconsequence 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 of the men at six o ' clock the following morning , and succeeded in persuading them to return to work , and I woold try to proonr * a rcdreoB 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 an just , and requested him to erect a beam and scales . He said
he would , but could not do it immediaiely ; he had other things to do . I pressed the point upon him , and he then agreed to do jit directly . I then spoke of the laid-ents . These the men had complained of , and I asked him to be more lenient I read from a paper furnished me by the men . He replied , he should enforce the bond . I remonstrated against this , that ft was Impossible for a man to obtain a living under tbe bond . He answered he did not . care about that , be should do it I then walked away , bnt returned immediately , and asked him , as he meant to enforce the bond , and the men could not live under it to give the men their clearance This he refused . After this I left him . Mr . Beasley was with me the whole time . The men followed ns . 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 gig . 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 . Heccles that he would do bo . The men promised to comply , and we drove on to Lancaster , where we were to be by nine o ' clook . A few days after , I believe on Thursday , the 23 rd , a deputation from Thornley Colliery waited on me , and infootned me of tbe 22 s . being stopped from one man , and the other cases detailed in the evidence , and that the bond was now so strictly enforced that it was impossible to obtain a living under it Under these circumstances I declined recommending them to return to work , and I held out a hope that I might persuade tbe magistrates to reason with tbe owners on the subject . I do most firmly believe from the conversation of conciliation wonld
the men , any small aot of justice or have gone far towards inducing them to go to work again . Cross-examined by Mr . Marshall—When I was before Mr . Heccles , Mr Beesley did not use any insulting language . I do not recollect Mr . Beesley saying that he would not believe a wetd Mr . Hecoles said , whilst I and Mr . Heccles were in < jonversation . I did not recollect ifc , but at the same time I believe it very probable , if Mr . Heccles waa making any assertion . Mr . Heccles said he would pat a beam and 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 fines . [ A paper was put into Mr . Roberto ' s band which was admitted to contain the propositions of the owners . It was to the effect that the owners had no intention of making any alteration is the previous mode of inflicting fines , nor was it their intention to do so in future . If the men returned to
their work immediately , the owners would use every means in their power to obtain a satisfactory sattlement and a remission of the punishment of the men in prison . ] Mr . Roberts continued—I stated that this very document was a condemnation of ihe masters themselves In it they stated that up to a certain period they never intended to enforce the band , and yet it ws * because those three men had refused to work vnier that bond , which they never intended to enforce , that they were sent to prison . I stated also that I did not believe these men would go to work unless , the other * 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 bave certainly very great doubte it was said if the owners do not tdmit it . I believe , on consideration , It was not said . I stated that the great error and awkwardness
was in my opinion the three men being in prison ; bat that I would use my utmost efforts to bring abont a reconciliation . I am not able to say whether the negoclatlon terminated abruptly la consequence of an expression that fell from Mr . Beesley . I think it terminated about the impossibility of getting those men out of prison . Another attempt was made on the following day for a reconciliation , and I saw a deputation from the men , who expressed themselves very anxious to do what was right , and they agreed to give up the release of the prisoneca for the next two or three days provided that I and Mr . Beesley in the mean time would exert ourselves to save their grievances remedied . Mr . Beealev and I and some of the men were to wait upon the viewers , talk the matter over , and endeavour to make torms satisfactory to all parties This wei the time : that the . magistrates adjourned to one o ' clock . I went to Mr . Marshall's offica and told
him of the proposition , on whick he said be would see the owners . At that time I entertained a strong conviction that the whole matter might be arranged by Wednesday , and the men consent w > retsm to tfceir work on the am » ge » eBts being perfected , and before I requested the magistrates to apply to Sir James Graham tor tbe ¦ * # *** of the prisoners . I made it a point with the WW they should be ectually at their work prior to ^ ej" ; giBtrates making Moat application , and tuey complied ^ BytoStoU-Th at uegociation was broken off to consequence " " I understood , of tbe owners refastag to ento S Uienegociation before the men returned to their work . I declined recommending the men to go to S £ wo * until ! , by conversation with the / wn ^ Lad ascertained that they were willing to concede what was fair and just I believe the owners ^ xpressed their wtehto enter on this negociatlon directly after the —~ merea small portion of ova &iS . toying beea miaWd , weare uMbietogive toe conclusion of Mr . Roberts '* examination . ] ( ( Continutd in wr Eighth page )
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Untitled Article
¦ THE NORTHERN STAR- f
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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-ncseproduct960/page/7/
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