Judge Went Down Pit – During Adjournment in Denaby Compensation Case

August 1946

South Yorkshire Times August 3, 1946

Judge Went Down Pit
During Adjournment in Denaby Compensation Case

Judge A.C. Caporn and two banisters, Mrs EGH Beresford and J Withers Payne, doffed Wigs and gowns at Doncaster County Court last Thursday, and his Honour adjourning the case which he was hearing and they were pleading, all three donned overalls provided by Amalgamated Denaby Colliery Ltd and descended Denaby Main Colliery. Accompanying them were medical witnesses and solicitors.

Councillors were Witnesses

The party were taken down the pit by Mr CJ Pickett, under manager, and councillor JTE Collins, secretary of Denaby Main branch of the National Union of Mineworkers, both of whom were witnesses in the case.

The visitors, who travelled from Doncaster by car, had lunch at the pit canteen, and then returned to court for the Judge to deliver his findings. The court had stood adjourned for three hours.

The case was one in which Amalgamated Denaby Collieries Ltd applied for a termination of the compensation being paid to Bernard Fitzwilliam (21), haulage hand, 18 Marr Street, Denaby, on the grounds that he was now fit to do a job down the pit they were prepared to offer him. Fitzwilliam lost his left leg in an accident at Denaby Main Colliery on May 26, 1944.

Mr Beresford appeared for the Colliery Company and Mr Payne for Fitzwilliam, and it was explained that the job consisted of underground telephone attendant, with additional duties of sweeping up.

The point at issue was whether Fitzwilliam was in a fit condition to negotiate the travelling down the pit and a gantry on his way to the cage, and Judge Caporn decided to see for himself.

Back in court, his Honour announced that he thought the work was suitable, and he reduced compensation to 21s 9d for the first month and thereafter at 11s 9d a week.

Fitzwilliam did not accompany the party to the pit.