Mexborough & Swinton Times – Friday 03 April 1903
The Intimidation Charges
The adjourned hearing of the charges of intimidation preferred against Tim Rounds, miner, Mexborough, and Luke Cooper, miner, Conisborough, by the Denaby Main Colliery Company was resumed on Saturday at the Doncaster police Court before Mr G.B.C. Yarborough and other magistrates.
Mr A Neal, Sheffield, appeared for the prosecution and Mr Muir Watson, Sheffield, was for the defence
Mr Neal said it would lay the facts very briefly before the Bench. The two defendants were charged with watching and besetting and intimidation on 23 February. It appeared that only state to work man, named Albert Kelsall and Charles Littler, were returning from the pit about 11:45 AM when passing the Workmen’s Club at Conisborough through group of men, about 20 intercepted them. In the group were the two defendants.
The strikers entered into conversation with the two workmen, and Cooper said “I think you have more about you than to work at a place where you have to be escorted by the police every day.”
He also said that he had some children of his own, and he should not return to work. He asked if they knew that a strike was on, and they replied that they did, and that they were also aware that 200 men were working at the pits.
Cooper said, “You will see if this is finished; there will be from 1500 to 2000 strikers coming up here at 2 o’clock.”
Whilst Cooper said this two watchmen came along, having been deputed to see these workmen to their lodgings, and the two men, accompanied by the watchmen left the crowd.
Cooper and Rounds followed, and when about 20 or 30 yards from the crowd, round said “We shall throw you in the river you – – – Nottingham sods, same as we are going to do with a lot more.”
It might seem a strange coincidence, but it was the fact that both two men had been assaulted since.
Mr Wilson objected, saying that this was sent out of prejudice. If any would say was cause and effect, that he did not think it was a fair way to open a case.
Mr Neal said he had not the case as fairly as he possibly could, though he was not going to share his friend’s feelings.
Mr Wilson said that whether the men were assaulted or not on a different day had nothing to do with the particular date in question.
Mr Neal contended that he can. The men had been assaulted in Doncaster on the previous Saturday night, and one of the assailants as a member of the Strike Committee. It was more than a coincidence, he thought, that the men had been threatened with personal violence, and had received it.
Mr Wilson urged that a public house row and nothing to do with what happened at Conisborough on the date named stop
the Chairman said that the charge of intimidation will stand or fall on what happened on February 23. It was now the time Mr Wilson could say whether he elected that the case should go for trial or not.
Mr Wilson said he should prefer the case to go for trial, providing the Bench, after hearing the fact, thought there was a case.
The Chairman said they would not think of sending the defendants for trial unless they thought that the jury would convict them.
Albert Kelsall, miner, of Firbeck Street, Denaby Main, said that on Monday, February 22 at 11 o’clock in the morning, EE, with William littler, sign the contact book of the company at the Cadeby pit. On their way back they saw about 20 men at Kilner’s Bridge. Rounds and Cooper were there. Rounds spoke first, and said, “Well, have you been to sign on at the colliery?”
Witness replied, “Yes.”
Cooper said, “I should think you have more about you than to be escorted by the police every day.”
Witness replied there were about 200 men working at the pit then. Rounds and Cooper then asked how many men they should be working there when in full working order. He said he did not know, and Cooper said about 1500 or 2000, and that if witness would be down the road at 2 o’clock that day you see a procession of about 2000. The 20 men previously spoken of stood near. Rounds often witness a small paper, and said “Read those,” but witness refused. Rounds then said “Here are the the b—-coming to get you to take lodgings.” Witness saw two or three watchman. The 20 men then dispersed, and left witness and his companion with the watchmen.
Four or five other men left the group in full on witness and his companion. Rounds and Cooper followed and round said, “We will throw you in the river you Nottingham – – – –, as we intend to do many others.” Witness went away with the watchmen.
Cross-examined by Mr Wilson, witness said he had not known Cooper before that day. He had seen him seven or eight times since. He could swear Cooper was one of the men. He had never made a complaint as to what occurred on that day, nor had he signed any information. It was a watchman that brought the charge, but he did not know which one. If witness had been let alone there would be no charge, for they had made no complaint against anybody. Cooper never threatened in, but you are one of 20. To speak to him. Rounds was the only man to make use of a threat, but it did not frighten him. He was not asked to come to Doncaster by Mr Barnard. Mr Barnard had him up at the office about a week after 23 February. There was no statement written out for him to sign. Witness had gone on working, and not take the slightest notice of what was said that day. At the time round said “We will chuck you in the river.” Witness was accompanied by Littler and two watchmen.
Charles Littler, the companion of the previous witness, gave corroborative evidence.
Cross-examined by Mr Muir Wilson, witness did not know said “here comes the “d’s” to take you to your lodgings. Rounds did say, and witness understood that by “d’s” the men meant detectives. Rounds said “We will throw you in the river, you Nottingham – – – –, as we will do many others.”
Witness did not know Cooper before that day. The threat was addressed to witness and his companion. He was not afraid then, because the police when about, but he was afraid of what might happen after witness never made any complaint and would not have made a charge if you have been left alone. He was not summoned to come that day as a witness. Mr Barnard had witness in his office on the Monday following.
Arthur Hort Barnard, agent for the Colliery Company, said the site was in progress on February 23rd 1903. Cooper was working at the collieries previous to the strike but Round was not an ex-workman.
Witness laid the information because he thought it necessary for the protection of the men at work. The real reason he had laid the information was as agent of the company. The reason a charge of intimidation was made against Cooper, although both men hard said he had not threatened them, was on the advice of the solicitor. He (witness) denied that he was championing these men. He laid information as agent of the company. Neither of the two men had requested him to do so.
Walter Carter, a watchman, employed by the Colliery Company, living at Denaby Main, gave further corroborative evidence as to the men congregated at Kilner’s Bridge, and said the two defendants were there. The previous ministers came out from the 20 men, and were followed by four or five men, including Tom Rounds and Luke Cooper. The former said: “If you go to work we will throw you into the river, which we mean to do, with a lot more.” The men took no notice.
Cross-examined by Mr Wilson: Witness got Round’s name the same day from a special watchman, who was not in sight of Rounds, when it was given. Witness did not learn the name until afterwards. Witness got his name from the same source, in this case also Cooper was not in view when his name was given. Cooper threatened no cue. Witness saw that the words “If you go to work” was the prefix to the threat used.
Mr Wilson here read out a report of the occurrence entered in witness’s notebook, and, commenting on it, he said there was not a word in it of Cooper having done anything, an admission he witness reluctantly gave.
Arthur Carlton, watchman, deposed that on the date named he was in company with the previous witness, their duty being to start Kelsall and Littler to their lodgings. Rounds and Cooper followed them as they took the men home, and Rounds said, “If you start work here we shall throw you into the river, the same as we mean to do with a lot more.” Witness did not hear Cooper say anything.
William Cunningham, another watchman, said that about 2.30 in the afternoon he saw the defendant outside the clubhouse.
Mr Wilson objected to this evidence, saying it had no bearing on the case.
Mr Neal contended that he had a perfect right to introduce the witness, in order to fill the defendant’s intention to watch and be set workman.
Continuing, witness said he was escorting two men, when one of the defendants came up and said “You know the strike is not over,” and handed the men a red ticket and said, “If you do go you will have to be escorted by the police, but you can please yourself whether you work or not.” Witness also saw the defendants in the morning among a group of about 20 other men, near Kilner’s Bridge.
Mr Wilson objected to the witnesses and evidence, and declined to examine him.
Mr Wilson for the defence, said that on the previous Monday they have had an opportunity of learning something about the law of the country with reference to the charges under that act. He knew what the law was before he went, and he ventured to think that he received a more satisfactory confirmation of the position he had taken up with regard to these men. The charge of besetting before them, launched against these men, must show that the men persuaded, or attempted to persuade, others from working, whereas it was shown from the evidence that they merely received and gave information, and he therefore submitted that the charges against the defendants were not made out. It was strange that the books of the two watchmen, wherein the notes on the current, almost verbatim as the most essential facts, and that proves that they must have written their reports together. The men said that Cooper made use of no threat whatever, and therefore he could not have intimidated. Rounds was alleged as some said something about “If you go to work.” He considered that Round’s language was flowery, and even if he did make use of the words he did not think it would justify them sending the men for trial.
The charges were manufactured charges, and were the outcome of the brain of the Colliery Company’s agent, who took upon himself the right to institute these proceedings, a right which, unfortunately, the law gave to any liege subject. He should think that the result of the trial at Leeds was the greatest possible disappointment to the prosecutors. He hoped they would not send the defendants for trial, and so cause expense to them, the country or the prosecution, whom he thought were fond of spending money in this direction.
The Chairman: In any case, you object to our trying them.
Mr Wilson: I consent to the bench trying the case, sir.
The Chairman: You have witnesses to call for the defence? If not, and you leave the case as it is we shall consider our verdict.
Mr Wilson consulted with the defendants, and after it said he would dear to his former decision and leave it in the hands of the Bench, if they thought there was a case to send the men for trial.
The Chairman said they thought it was a case for a jury, and willingly, they would have to send the men for trial. The charge of intimidation against Cooper would be dismissed, but the two charges of watching and besetting would stand.
Mr Wilson: Where do you commit to Sir? I say Assizes, and not Quarter Sessions.
The Chairman: It is at our option.
Mr Wilson: Yes, I know, but the minds of the people in the district will be prejudiced if you send them there. I may as well plead guilty.
The Chairman: They will be committed to take their trial at the Leeds Assizes, and bail will be allowed each defendant in the sum of £10, and two sureties of £5 in each case.