Breach of Colliery Rules

November 1896

Mexborough and Swinton Times November 6, 1896

Breach of Colliery Rules.

James Powell, Dataller, and Valentine Roodhouse, Dataller, were charged with breach of the colliery special rule number. 105, at Cadeby main colliery, on October 27th.

Mr. Pawson said on the day in question there had been a fall of roof, and the defendants were employed to remove it. When they went away from their work they left two tubs standing in the air passage, with the result that it blocked it up.

Ernest Ward, deputy, said he was in charge of the east side district of the Cadeby colliery. The defendants were employed to remove a fall. They ought to have fetched the tubs out of the gate and placed them in the pass-by when they had finished, and by leaving them in the gate they obstructed the airway.

Cross examined by Mr. Baddiely, who appeared for the defendant, Powell said he could not account for the fact that the summons charged the defendant with leaving four Corves; there were only two.

The defendant Powell told him, when asked why the tubs have been left there, that Roodhouse had refused to assist him to move them. It was a duty of Roodhouse to help Powell.

Mr Witty said that defendants had admitted to him that they had left the tubs there, in cross examination he stated that Powell made no statement to help him about Roodhouse’s refusal to help him.

For the defence. Baddiley called the defendant Powell, who said when they have finished their work he asked Roodhouse, to help him to remove the tubs, and he said, “never mind; leave them there.” At the request of the bench Roodhouse went into the box and admitted that he had refused to help the defendant Powell.

The chairman: are you instructed to press the case Mr. Pawson?

Mr. Pawson: no, sir; it is the first case we have had under this rule since the colliery was opened.

The defendants were ordered to pay the costs.