FOURTH DAY.
MONDAY’S PROCEEDINGS.
Mr. Justice Lawrance and a Special Middlesex Jury resumed the trial of the action on Monday morning at eleven o’clock. When the proceedings started Mr. Eldon Bankes, K.C., for the plaintiffs, and Mr. Atherley Jones, K.C., M.P., for the defendants, were the only leaders of the bar present.
THOMAS GILL, an old man with a very hoarse voice, examined by Mr. Eldon Bankes, said he was a labourer employed at Denaby Main. He was not at the meetings on June 29th, and he did not hear of it before starting to work that night. On his way to the pit he was met by Ben Raybould and Johnny Nolan, who asked him where he was going to, to which he replied he was going to work. Nolan then told him it had been decided to stop the wheels, and that he and others had been sent to stop the men in the afternoon, and they were there now to stop the six o’clock men. Witness said: If that be the case it is no good going any further.
Mr. BANKES: What did you do?—I turned round and emptied my bottle, and set off home again. Witness said he knew John Nolan as a member of the committee.
Mr. ATHERLEY JONES did not cross-examine.
Mr. ELDON BANKES said before the next witness was called, he wished to call the attention of the Judge to an oversight of himself and his learned friend about
THE OPEN BALLOT
which was taken on the question of the men going to work out their notices. They wished on Friday to give evidence about the ballot, but it was excluded because, as Mr. Isaacs said, they had not given particulars about it. They had since searched through the pleadings, and found they had given notice of their objection to the ballot in the particulars. On page 24 his Lordship would find they referred to it. It was stated “there was an open ballot, and it was decided to return to work and hand in notices.”
Mr. ATHERLEY JONES submitted that did not in the smallest degree affect the question raised by his learned friend, Mr. Isaacs. What Mr. Bankes tried to suggest was that the ballot was
IMPROPERLY TAKEN.
The only thing stated in the particulars was that on the 15th July an open ballot was taken on the question of returning to work. They admitted that a ballot was taken, but he questioned the words “open ballot,” and he did not quite understand how they found their way into the papers. There was, however, no suggestion that the ballot was improperly taken. The gist of the objection which his Lordship upheld on Friday was not that there was no reference to the ballot in the particulars, but that there was no suggestion that it was illegally conducted.
The JUDGE: It was admitted that it was not in the particulars at all.
Mr. DANCKWERTS: No, my Lord.
The JUDGE: You had better go into the jury box, Mr. Danckwerts, if you are going to decide questions of fact.
Mr. DANCKWERTS: I don’t admit any dispute as to the ballot being mentioned.
The JUDGE: Well, I am going to admit it, that is all.
Mr. DANCKWERTS: I beg your Lordship’s pardon. If you will look at page 10 of the particulars, there is no allegation there that the ballot was illegally or improperly taken. If his Lordship looked at page 136 of the evidence he would see how he dealt with the matter on Friday, and that he did not then deal with the question of particulars at all. He submitted that there was
NOT A SINGLE ALLEGATION
about the legality of the ballot.
Mr. BANKES: They are taking objection before they know what we want to prove. All I want to prove is that it was an open ballot in the sense it was not secret.
Mr. DANCKWERTS: That it was an open ballot was admitted by Mr. Isaacs.
Mr. S. T. EVANS, K.C.: That is not what you were trying to squeeze in.
Mr. DANCKWERTS: What do you mean by not being secret?
Mr. BANKES: Not secret in the sense that everybody knew how everybody else voted.
Mr. DANCKWERTS: I don’t admit that.
MEN WHO WERE MOLESTED.
SAUL LENG, filler, Cadeby Colliery, was then called and examined by Mr. Lush, K.C. On his way to work on June 29th he was stopped and told that it had been decided to stop the wheels until each time as they could come to some terms with the company. He, however, went to work, and in August the crowds gathered
AND HOOTED THEM,
shouting “blacklegs,” and “— rotten pigs.” They were thumping tin cans, and had sheep heads on sticks. He saw Brog, Collier, Dickinson, Hirst, and Phil Humphries, who were on the committee, and none of them did anything to stop the hooting and throwing. On the 15th July he was present in the Croft when the ballot was taken, but he did not ballot. Brog gave out the ballot papers.
Mr. DANCKWERTS: What is the point, Mr. Lush?
Mr. LUSH: This is evidence to connect what was done with officials.
Mr. DANCKWERTS: This was a ballot of the branch, bear in mind, not of the Union.
Mr. ATHERLEY JONES: My Lord, this is going into the question of the method of the ballot. My learned friend said he did not raise the question of its propriety.
The JUDGE: I have already said I would admit the evidence, rightly or wrongly. I don’t think I can speak plainer than that. If you can tell me how, I will do so. I thought we had done with this half-an-hour ago.
Mr. LUSH (to witness): Was any attempt made to make the ballot secret?—No, they could all see how the others were voting.
Cross-examined by Mr. DANCKWERTS, witness said when the ballot was taken men could go where they liked to mark their papers, but anybody could ballot. They were not compelled to fill their papers up at the table, but they were what he might say compelled.
What do you mean by that?—Well, the papers were given out at the table, and the pencils were there.
But anybody might go somewhere else and mark his paper with his own pencil?—Yes, but suppose they had not all got pencils. (Laughter.)
HENRY WATKINSON, pony driver, said he was at Cadeby before the strike. On the 28th of June he was going to work when he met John Nolan, who told him that the other men had gone home. Witness said: “Then I suppose I shall have to go back home?” and Nolan said: “Yes, you will have to go back home and stop at home until it’s all over.” Witness, however, went to work after the ballot, when the men signed on. He was often met by men who were on strike.
Mr. CANTLEY, M.P.: How many, as a rule?—Between ten and eleven. (Laughter.)
Were there never more than that?—No; I’ve seen large processions and even hooting. (Laughter.)
You mean you’ve heard hooting?—Yes, sir.
BENJAMIN LEEBETTER, examined by Mr. Lush, said he was a dataller at Cadeby pit. He worked up to August 15th, and went to his work on the canal side instead of the main road. Brog met him once, and told him he
WANTED CHUCKING INTO THE CUT
for going to work. He stopped working two days before the pit closed, because he was afraid to go any more.
Mr. ISAACS: There was a good deal of excitement at that time, was there not?—Yes, a crowd of men, women, and children, and sheep’s heads. (Laughter.) I did not go amongst them. I kept on the canal side.
You kept the water between you?—Yes. (Laughter.)
JOHN THOMAS HILL, pony driver at Cadeby, examined by Mr. Lush, said he did not come to work in consequence of the strike, but went regularly. He was met one day by John Cairns and his son.
Mr. LUSH: What did they say to you?
Mr. ISAACS: I object to this evidence. If it is admitted, it seems that anything which a workman says, notwithstanding that he is a member of the committee, is evidence against the defendants.
Mr. BANKES: It is alleged that these men were inspired to do all these things by the committee.
The JUDGE: It is rather difficult to draw the line. It will be for the jury to decide whether what the individual workman did was his own doing or not.
Mr. ISAACS: I will ask your Lordship to take a note of my objection that it is not evidence against the defendants.
The JUDGE: I will do so.
Mr. LUSH: What did Cairns say to you?—He asked me for a cigarette, and I said I had not got one.
Yes?—Then he said, “so you —— blackleg, you have not got one. If you go to work again we shall chuck you in yon —— river.”
Witness, proceeding, said when he came from the pit on August 13th he was met by a crowd, some of whom were carrying sheep heads on sticks. One man had a flag, upon which was written:
“NO ROAD FOR BLACK LEGS.”
On August 16th, as he returned from work, he was struck in the back with half-a-brick. The same night the crowd followed him home, and hooted outside the house, shouting “Fetch —— out.”
THE JUDGE AND “PLAYING HAMLET.”
Mr. LUSH: What happened later on?—They started smashing windows, and playing Hamlet. (Laughter.)
Mr. LUSH: Who played Hamlet? (Laughter.)
The JUDGE: You don’t understand. It is a more delicate term than people generally use. It means play co-and-co. (Laughter.) They generally mention a place instead of a person. (Laughter.)
FRANK WESTLAKE, dataller at Cadeby, said he was stopped as he was going to work on June 29th, and told that a strike had been determined upon. Witness replied: “It is my work there is no dispute, and I shall go to work.” He was at the meeting on July 15th, when the ballot was taken.
Mr. CANTLEY, M.P.: What did you do there?—Well, I don’t know if I’d be allowed to say what I think about it.
Yes, you may.—Well, I should say it was no ballot at all.
Why?—Because it was not private.
Was there any secrecy about it?—Not the slightest.
Continuing, witness said he went to work after the ballot, and as he went home from work day after day he and others were met by men, women, and children, who shouted at them and
SPIT AT THEM.
On the 16th or 17th of August he got his head cut open with a piece of wood, and the time ceased work. He had been followed home, and some of the crowd had come into his garden and held blackened sheep’s heads up to the windows.
Mr. LUSH: It was a lad, and a jolly good job for the lad I did not get hold of him. (Laughter.)
Cross-examined by Mr. ISAACS: It was a good job you did not get hold of him?—Yes, if I had, him and the sheep’s head they would both have gone together. (Laughter.)
You were not afraid of the crowd?—I don’t know there is a difference between one and a thousand. (Laughter.)
I quite agree, but was there only one lad?—There were other lads.
That did not frighten you much?—Oh, no.
JOSEPH WHITE, deputy at Denaby, said he remembered John Nolan speaking to him one day, soon after the strike started. It was between the
CANAL BRIDGE AND DENABY PIT,
on the Mexboro’ side. As soon as Nolan met him he said “You want to pull some dirt on these —— and bury them.” Witness said “Who do you mean?” and Nolan replied, “Those —— who are working.” Witness replied there were none working, and Nolan said “Yes, there are; there’s Harrison and Rushworth.”
Mr. ATHERLEY JONES: You did not take that very seriously, did you?—I did not do it. (Laughter.)
But you did not think he wanted you to do it?—I don’t know about that. (Laughter.)
BENJAMIN WALL, corporal at Denaby Main, said in reply to Mr. Cantley that he refused to stop work when the strike occurred. He afterwards stopped, but went to work again after the reopening on August 14th. He was going home from work when he was met by a
CROWD OF MEN AND WOMEN.
They insulted him, and tried to knock him down. He found he could not get any further, and he went into Dan Wright’s house out of the way of the crowd. The mob still stayed outside, and shouted “Fetch him out.” Wright was afraid his things would be smashed, and asked him to go. He went out, and asked P.C. Kilner to take him home, but the policeman said “No, you must go down the road by yourself.”
Mr. ISAACS: Really, I must object, my Lord, we can’t have elaborated by what the policeman said. (Laughter.)
The JUDGE: It is sufficient that the policeman refused to escort him home.
Witness added that he did not go to work again after this date, because he was afraid.
Cross-examined by Mr. ATHERLEY JONES, witness said he prosecuted two young men for assaulting him. They were defended at Doncaster Police Court, and were fined together 30s.
ISAAC KELLING, dataller at Cadeby, said he did not go to work on June 29th, in consequence of what he heard had occurred at the meeting in the morning. For the next few days he did not go to work.
Mr. LUSH: Was that because you were afraid to go—and you saw anything?—Yes, I saw Wm. Berry assaulted as he was going home.
That was on the 2nd July?—Yes.
Mr. ISAACS: We have had Berry here, my Lord. He was the witness the lady rushed at, and tried to shove him down. (Laughter.) Witness: He had to go through a good deal more than that. (Laughter.)
Mr. LUSH: Were crowds collecting every day?—Yes, right away from Kilner’s bridge down the road to the crossing, not so many at first, but they got worse.
Continuing, witness said he was present at the ballot on July 15th.
Mr. LUSH: Was it a secret ballot?—Not much secret about a ballot in an open field, is there? (Laughter.)
Witness, proceeding, said he went to sign on on July 16th, and when returning from work he was met by some of the committee.
Mr. ISAACS: Will my friend tell us what this has reference to?
Mr. BANKES: It has reference to the actions which were given in. I desire to give evidence as to what the committee did in reference to those notices.
Mr. LUSH (to witness): Which of the committee did you see there?—Casey, Brog, the Humphries brothers, Collier, and Hirst.
Had they a small shed there?—They had, but they were not using it. They had a table on the open street.
Tell me what happened?—They said “What do you think of yourself going to work in the face of a body of men like this?” I said: “I have a right to go to work, seeing that the bag dirt question does not affect me.” I said too: “If I was out six or seven years and you won the case it would not benefit me.” They then said
“ARE YOU GOING TO GIVE YOUR NOTICE IN?”
to which I replied “I shall please myself.” I did not sign the notice there. I said I can sign it at home if I want. I took it home, and kept it in my pocket for a month at least.
Continuing, witness said on the 15th or 16th of August he met the sheep’s head procession, and he was struck with something hard; he could not say what. Westwood was assaulted the same day.
Mr. ISAACS: The ballot was taken the same way as usual?—Yes, by paper.
Mr. ISAACS: I ask you, my Lord, to take a particular note of that. The witness says the ballot was taken as usual.
To witness: You had several ballots taken before in the same way as this one?—Oh, no. They were taken by paper—yes, by paper.
Then what do you mean?—Well, we could sign rather more secret.
How was that?—Well, in an open field. There was no place provided to go and vote. If there had been a private voting place I don’t think there would have been a strike.
Which way did you vote?—I voted for work.
Re-examined by Mr. BANKES: When the ballot was taken the men were shouting one to another “Now Jack or Tom let us do it not lead this time; we’ve had it on our backs long enough now.” (Laughter.)
William Henry Pemberton, dataller at Cadeby, said he was present at the ballot. There was nothing secret about it. When he went to sign on he saw the committee who told him he must give notice, and
STOP WORK, OR HE WOULD BE MADE TO STOP.
He believed it was Collier who said this. He did not give in his notice, and continued to work until the Saturday before the pit closed.
Police-Sergeant TURNER, examined by Mr. Lush, K.C., said he was formerly police sergeant at Conisbrough. In reply to Mr. Lush he described at some length the scenes which he witnessed in the streets during the strike.
HE SAW HOWDEN ASSAULTED,
and went to make inquiries who it was that struck him. He ascertained the man’s name—