Mexborough & Swinton Times – Saturday 01 March 1913
Leaving the Mine
Denaby Filler’s Offence
Under the Employers’ and Workman Act, Thomas Heaton, a filler, of Denaby, was summoned by the Denaby and Cadeby Collieries for a breach of contract.
Mr. Gichard, who prosecuted, said the defendant was a filler in the Cadeby mine, and was working on Feb. 1st in a stall in company with two colliers, for whom he generally worked. A fall of dirt had occurred, which blocked up the passage, and it was essential that it should be removed so that the colliers could go on with their work.
One of the colliers said, therefore, that he was going to assist to clear the dirt away. “I am leaving this,” the defendant said, “that unless he could do all the filling himself he would not do any.”
He thereupon left the pit, after that the colliers filled about 11 tubs, and there was not left over when they had finished.
When defendant entered into the employ of the company he entered into an agreement to give notice. This he had not done.
Evidence as to the amount of damage incurred was given by Harry Steven Smith, the manager of the Cadeby Main Colliery. He estimated that considerable were the men claimed.
John Gallagher, one of the colliers, said the defendant left the mine about nine o’clock. He had no reasonable cause for doing so.
The defendant said that he only got out of the pit at twenty minutes to eleven. He asked the magistrates “not to send him to prison for long.”
