Mexborough & Swinton Times – Friday 06 January 1893
Breaking Rules at Denaby Main
Fred Thirsk (16), pony driver, Denaby Main Colliery, was summoned for having brought special rule 69 of the colliery regulations by not placing sufficient lockers on the train of corves which he was driving.
Mr Hickmott appeared for the colliery company, and said that on December 10 the defendant, who was in charge of two corves drawn by a pony, was taking them down a road with a gradient of one in 10, and as he only used three lockers instead of four, the pony was overpowered, knocked down, and had its legs broken, and of course had to be killed. He had been told often the number of lockers he had to use, and he well knew the number.
Before he started, he told a corporal in charge, Venables, and asked for another locker, and he said a lad had to go down the other day with three. It was only fair to the lad to say that he had asked the corporal. The lad pleaded guilty, and so far as the Company was concerned they did not wish to press the case unduly as the defendant was a very decent lad.
Cyrus Schofield, deputy, said that on December 10 it was reported to him that a pony had its legs broken. He went to the place, which was between number 60 stall and a pass by, where there was a gradient of one in 10. The loads to be taken down the hill were two corves, and each corf had to be provided with two lockers. He asked Thirsk how it had happened, and then learned from him that he had only used three lockers in both corves, and the results had been they had overpowered the pony.
The lad said he had told the corporal, and had been told to go down with three.
Cross-examined: He might have refused to obey the corporal.
Mr Vereist said that asking the corporal remove the bulk of the blame from the lad, and before deciding they would hear the case against the corporal.
David Venables, the corporal, was then summoned for failing to report a breach of special rule 69 as required.
Mr Hickmott said the rule was well known in the pit and it was the corporal’s to use when taking the corves down the inclines. When Thurston told Venables that he had only three lockers instead of four, it was the duty of Venables to get him another, but he would have been some trouble, so he said the lad down with only three corves, though he knew it was against the rule.
Cyrus Schofield said he had seen Venables soon after the accident, and asked him why he had allowed the boy to take down the corves with only three lockers and he said nothing. Defendant knew there were proper stations in the pit where extra lockers were kept, and he told him he should report him, to which he replied he could not help it.
Cross-examined by Mr Hattersley, who defended: The corporal duties were such as to prevent him always been able to look after one boy, and could not tell whether they took down the proper number of lockers each time. He (witness) had never seen lads using the proper number of lockers.
Fred Thirsk said he had driven the corves which caused the accident. When he wanted to go down he could only find three lockers, so he told Venables, and he said Cunningham, another driver, had gone down with three the day before and he must do the same.
Cross-examined: He looked around for another locker, but could not find one. He told Venables, and expected him to find one. There were only six lockers for two of them.
Mr Hattersley, for the defence, said that Venables did not know the boys have not used the proper number. They were eight lockers in that part of the mine, and as he had a large district to attend to, he could not be expected to see that every boy use of proper number of lockers.
Venables, the defendant, said he lived in Doncaster Road, Mexborough. On the morning of the day in question he had noticed eight lockers on the part of the line where the accident happened, and he supposed the lads would be using the proper number of lockers, as he had never found them not doing so. He was a hundred yards away from where the horse was lamed and will fetched by Thirsk and the horse was removed. The radius of his district was 500 yards.
Cross-examined: He had more than a road of 200 yards in length to look after. Thirsk had passed several times that day with corves, but he had not noticed how many lockers he had had. He had not been to Thirsk’s father, and suggested it would have been a good thing if both had sworn there were four lockers on. He had not told anyone that he thought the Union might take up this case but not his.
Frank Benton said he had been up the piece of line where the accident occurred a few minutes after it, and found four lockers.
Venables was fined 20 shillings and costs, and Thirsk five shillings including costs.