Mexborough and Swinton Times August 14, 1915
Denaby Colliery Prosecutions
Previous Decision Waived
Tardy Excuse for Refusing to Work
The general appeal be made at the present time to all colliery workers to put in full-time at there were seems to have little effect on some of the men, and on Saturday, at the Doncaster West Riding Police Court, 11 workmen were summoned and fined under the Employers and Workmen Act.
The defendants were: Barnard Hartland (20), 14 Annerley Street, Denaby; William Wharton (20), Denaby; William Rouse (23), 20 Firbeck Street, Denaby; Fred Oxley (36), Denaby; Albert Day (47), 44, Annerley Street, Denaby; Fred Seeley, 77 Annerley Street, Denaby; James Wood, 35 Doncaster Road Denaby; and Jack Bolden, Denaby.
There were separate charges against Thomas Kelly and John Hoyland. All the defendants were workmen at the Denaby Main Colliery.
Mr Frank Allen appeared on behalf of the Denaby and Cadeby Colliery Company, who prosecuted and Mr N.O.Martin on behalf of the defendants.
Mr Frank Allen, in outlining the case, said that the question of regular time at the collieries and engaged a very serious attention of the authorities in this country. This sort of thing been a source of complaint for some time now, and at the present time when the demand for the great output of coal was so urgent it was essential that full-time should be put in by the colliery workers, especially in view of the fact that so many of their comrades had enlisted. Quite recently Mr W.M.Gichard had made a statement, in bringing five men there on charges under the Employers and Workmen Act and had asked their worships to allow him to withdraw the case.
The (Mr Allen) had taken a similar action subsequently, and it was expected that those withdrawals would serve as a warning the Colliery Company found that what had been said on that day had not had any effect whatsoever. In that case the charge was for what had happened on 27 July. The defendants were fillers, and on descending the mine on the afternoon shift it was found that there had been a fall of dirt in their district, the Montagu district. In consequence of this they were asked to go and commence work at the left-hand side of the district, as there was plenty of work for them there.
Various expression – not very polite were used, and the men refused to work where they were asked. They commence to make for the pit bottom, and they were there met by another deputy, but they still refused to go back and work. In the meantime Mr H.W.Smith be sent for, and he remonstrated with them. The excuse they made was that they could not make a proper day’s wage in the left-hand side of the district, and no pleadings on his part at any effect, the men distinctly refusing to go back to work. Mr Smith told them that if they went out of the pit they would be summoned, but it was of no avail, and they left the mine
In view of facts like those, said Mr Allen the Colliery Company could not maintain their previous decision to have no more prosecutions, as the case was too serious a one to be ignored. Further charges have been taken out again some of the defendants who were absent on various dates quite apart from the main charge. The worst-case was that of the defendant Day, was absent on the 12th, 19th, 26, and 27, and Wood came next been absent on the 14th, 22nd, 26 and 27.
It’s hard since we found out, however, that several of the defendants had legitimate excuses for their absence on those dates, and since the prosecution had been taken out had produced doctors notes.
The loss that had been sustained by the Denaby and Cadeby Main Colliery Company had been at the rate of 17/8 per day, but in view of certain facts had reduced that, and charged the defendants at the rate of 15/- per day.
It was common knowledge that a resolution been passed at a Council of the Coal Owners and Miners representatives that every effort should be made to secure the best output of coal possible during the war. Mr Lloyd George, the Minister of Munitions, had remarked in a recent speech “that coal was everything to them, and they wanted more of it, to assure victory.”
These proceedings, said Mr Allen, were not brought forward with any vindictiveness, but to bring to the mine is a realisation of the present generation, and after claims, both by himself and Mr Gichard, and been withdrawn, with no effect, he thought it was time drastic action was taken.
Mr Harry Watson Smith, the manager of the Denaby Main mine, said that he received a report on the afternoon shift on 27 July at the pit bottom, in consequence of which he went to where the defendants were, and pleaded with them to remain in the pit. They said they had some grievance with regard to time, and witness told them that if they would go to work he would have them rectified afterwards. He told them that they should be ashamed of themselves going away from work when their fellow men were crying out for more Munitions stop
in cross examination, witness said that he thought that the workmen at the Denaby and Cadeby Collieries were the worst attenders in Yorkshire stop
Mr Martin: Is it not a fact that no suggestion was made to these men until they had wasted 2 o’clock to 4?
No, they had wasted about 35 minutes to be precise.
Alfred Dudhill and George Spencer, a deputy that the Denaby Colliery, both gave corroborative evidence.
Barnard Hartland, one of the defendant, said he was a filler, and he went down the pit on July 27 at 1 o’clock. There was a fall of dirt, and they did nothing from 2.30 to 3:50 because no one came and told them what to do. When requested they refused to go into the other part of the district because they thought that it was too late commence working at that time. Defendant had worked regularly since Christmas and had averaged five shifts per week.
Mr Allen: Did you not see that you could have done an amount of work from 4 o’clock until the end of the shift?
It all depended whether or not there were any tubs.
You heard the managers tell you there was plenty of work, why do you not do it?
We thought it was too late to commence will stop
Mr Allen asked one of the defendant, William Wharton, if he knew that he must obey superiors in the mine and if he had read the bylaws?
Defendant answered in the affirmative.
Mr Allen said that it was laid down in the regulations that he workmen could be moved from one district to another at the discretion of the manager.
Mr Smith explained to the Bench that the “left-hand side” where the men were asked to go was practically the same district as the Montagu district. In fact, it had originally formed part of the same district, but for purposes of inspection they thought it advisable to divide it into two portions.
One of the magistrates asked Mr Smith what was the text of the agreement that had been made with regard to the owners and the representatives of the men, and witness stated that it was to the effect that all power on both sides should be used to get the men to work as regularly as possible. He stated further that the miners representatives had done all in their power to help the management to get the men to work. He would give them credit for that.
The Chairman, Brigadier General Bewicke-Copley, after a brief consultation with his colleague said that the Bench thought that the defendants were pretty good and regular workers, as are been proved by the fact that they had averaged five shifts a week. But at the same time, they could not have these men taking the law into their own hands, otherwise the pits could not be worked at all when those men signed their contract they should not think they could do as they like, and by so doing they were sacrificing their comrades, and in some cases their brothers lives, and that seemed to him to be a thoroughly unsatisfactory state of affairs.
The Bench ordered each of the defendants to pay a fine of £2 including the claim for damages