Mexborough and Swinton Times – Saturday 14 May 1904
The Verdict Against the Yorkshire Miners’ Association
Appeal Postponed
The action brought by the Denaby and Cadeby Collieries, Ltd., against the Yorkshire Miners’ Association, its trustees, officials, and agents, came before the Court of Appeal on Tuesday, the judges on the bench being the Master of the Rolls (Sir Richard Henn Collins), Lord Justice Romer, and Lord Justice Mathew.
The action was originally brought by the Denaby and Cadeby Collieries, Limited, against the Yorkshire Miners’ Association, George Cragg, Joseph Smith, and Enoch Kaye, trustees of the Association; Benjamin Pickard, M.P.; Edward Cowey, John Wadsworth, William Parrott, John Frith, Fred Hall, John Nolan, and Henry Humphries, officials or agents of the Association, but before the case came to trial Edward Cowey, who was President of the Association, died, while during the hearing of the action Mr. Benjamin Pickard, M.P., the Secretary, also died, and shortly after the trial a further defendant died, in the person of John Frith, the Financial Secretary. Neither John Nolan nor Henry Humphries entered any defence to the action, and, consequently, the surviving defendants to the action are the trustees, and Messrs. W. Parrott, M.P., John Wadsworth, and Fred Hall.
The plaintiffs, who are colliery proprietors, brought the action against the defendant Association, the trustees of the Association, and other officers and agents of the Association, to recover damages for having by wrongful and illegal means procured the plaintiffs’ men to go out on strike. The plaintiffs, by their pleadings, claimed: (1) damages for a conspiracy to induce the men to break existing contracts; (2) damages for wrongfully inducing the men not to enter into new contracts; (3) an injunction to restrain the defendants from repeating the above wrongful acts, and from paying away the funds of the Association illegally. Particulars of special damages were filed by the plaintiffs, claiming a sum of £125,000.
The defendant Association pleaded denying liability, and contending that if the contracts had been broken they were not broken by the acts of the defendant Association, and further that if the contracts were not broken, the men being willing to go back to work, the plaintiffs suffered no damage. The other defendants, save and except Nolan and Humphries, who put in no defence, pleaded a general denial of the plaintiffs’ claim, and contended that the plaintiffs did not suffer any damage by reason of any wrongful or illegal acts of these defendants.
Counsel engaged in the case were Mr. Eldon Bankes, K.C., Mr. Montagu Lush, K.C., and Mr. R. Cantley, M.P., for the plaintiffs; Mr. Rufus Isaacs, K.C., Mr. Danckwertz, K.C., and Mr. Lochniss for the Yorkshire Miners’ Association; and Mr. Atherley Jones, K.C., M.P., Mr. S. T. Evans, K.C., M.P., and Mr. Compston for the other defendants.
The action was tried during the last week of January and the beginning of February, by Mr. Justice Lawrence and a special jury. On Monday, February 8th, the jury, by their verdict, found for the plaintiffs on all points of the pleading, but acquitted the defendants who were personally cited of personal responsibility for the damage caused by the strike. The amount of damages was not fixed by the jury, it having been admitted by Mr. Rufus Isaacs, K.C., for the defendants, that if the verdict was for the plaintiffs damages must be awarded. The Judge on the day following gave judgment for the plaintiffs, but reserved the question of damages, and granted stay of execution pending an appeal.
The defendant Association, however, gave a guarantee not to dispose of its funds pending the assessment of damages. Against the verdict, the defendant Association and other defendants have appealed.
Mr. Rufus Isaacs, K.C., on Tuesday asked leave to mention the case, and applied that the appeal should not be heard during the present sitting of the Courts. The case, he said, was a very heavy one, and would occupy two or three days. He believed the adjournment of the appeal would meet the wishes of the other side.
Mr. Montagu Lush, K.C., for the plaintiffs, wished to support the application which was for the convenience of all parties, and would, he thought, suit the convenience of the Court.
The Master of the Rolls, after consulting his learned brethren on the Bench, granted the application.
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