Trial of the Thorncliffe Rioters.
The trial of the second group of prisoners charged with being concerned in the colliery riots at Wortley, was resumed this morning. Their names were Cornelius Carr, 27; George Baker, 28; Joseph Pratt, 21; James Pratt, 23; John Syson, 22; Geo. Columbine, 34; Wm. McDonald, 30; and Jos. Baxter, 30. Mr. Maule, Q.C., Mr. Hannay, and Mr. Shaw, again appeared for the prosecution; Joseph Pratt being defended by Mr. Foster and Mr. Forbes; Carr, Baxter, Columbine, and McDonald by Mr. Blackburn and Mr. Wilberforce; and James Pratt, Barker, and Syson by Mr. Waddy and Mr. Tennant.
His Lordship before the trial was resumed said that he had looked through his notes of the evidence since the adjournment, and had come to the conclusion that there was scarcely sufficient evidence to go to the jury as regarded the prisoners James Pratt and Baxter. He would therefore suggest that the cases against those men should be withdrawn.
Mr. Blackburn then summed up the evidence which he had called in favour of his clients, and in the course of his remarks urged, in reply to a previous argument of Mr. Maule’s, that the witnesses he had called would naturally remember all the trivial accidents that had occurred on such a memorable day as that on which the Thorncliffe riots took place.
Mr. Waddy, in addressing the Jury for the prisoners Barker and Syson, said that he should call before them witnesses who would prove that his clients were working in a coal mine at Denaby, twelve miles away from Westwood Row, at the time the riot was going on. He should prove this by the evidence of persons who saw them both descend the mine and come out of it. He should produce the books of the colliery, which would show that on the day of the riot Barker and Syson were getting coal, and that they had actually been paid for what they did that morning. It was stated that this defence would be raised when the case was before the magistrates, and he could not help thinking but that the matter might have been inquired into by those who were conducting the prosecution. He would also remind the jury that it was a remarkable fact that his clients were the only men who had come from Denaby, all the rest of the prisoners living in Worsbro’ Dale and the neighbourhood. There was also this peculiarity in their case—that they were the only two men whom some one of the policemen had failed to identify.
His Lordship: I have looked at my notes, and I find that that is so.
A Juryman: What distance is it from Denaby to Westwood-row?
Mr. Waddy: About twelve miles.
His Lordship: That has been proved in evidence.
Mr. Waddy, continuing his address, pointed out other circumstances favourable to his clients, among which was the fact that in order to reach their homes from Westwood-row they would have to pass the Railway Station, where their progress would have been stopped by the police. After a few other remarks the learned counsel called the following witnesses:—
Job Hutchinson said he worked at Denaby Main Colliery. He went to work on the morning of the riot at about a quarter to six, and descended the mine at the same time as the prisoner Barker. The day shift commenced at six o’clock in the morning and left off at two. When he ascended the shaft at the latter hour Barker and six other miners were in the same chair. It might be from two to half-past when they got out of the pit.
Cross-examined by Mr. Maule: Barker and witness had been working together at the Denaby Main Pit about nine months. He and Barker lived next door to each other, and constantly went down the pit in the same chair. Did not tell the magistrates at Barnsley what he had said that day; was not asked so many questions.
Ebenezer Hutchinson said he was a miner, and worked at Denaby. Remembered the morning of the riot. Saw Barker that morning between half-past five and six on his way to work. They went down the pit together, got their lamps together, and went to the same “butty.” Worked until two o’clock that day. Saw Barker again when he left, on the pit bank, before witness had given up his lamp. Left the pit in company with Barker and others.
Cross-examined by Mr. Maule: The night shift sometimes left about as much as two tubs of coal at the bottom of the shaft—never more than that quantity. Had been day by day going to and from the pit with the prisoner Barker.
Thomas Barker, miner, Denaby, said he was brother to the prisoner, and lodged with him. Had been working at the Denaby colliery about three weeks when the riot took place. He worked for his brother, who was a “butty.” Accompanied his brother to his work every morning for three weeks before he was apprehended, and did so on the morning of the riot. Witness was in a stall or hole with his brother from six o’clock to two o’clock that morning. He and his brother left the colliery together.
Cross-examined by Mr. Maule: Had formerly lived at Ilkeston, but did not know George Fisher while residing there.
Enoch Beasley, miner, Denaby, said he was working on the second shift on the day of the riot, and that he met the prisoner Barker and other miners leaving the colliery just before he commenced his duties at two o’clock in the afternoon. Witness told them what he had heard about the Thorncliffe riot.
Superintendent Sykes, Barnsley, said he was before the magistrates when George Nattrass was examined, and afterwards saw him sign his deposition. Barker and Syson were the only prisoners out of the whole twenty-three who came from Denaby.
Cross-examined by Mr. Maule: All the police present at the riot were from the neighbourhood of Worsbro’ Dale and Barnsley. None of them came from Denaby.
Charles Butcher, miner, Denaby, said he went to work at between half-past five and six on the morning of the riot, and among the men who were with him in the chair when he descended the mine were the prisoners Syson and Barker. He also ascended the shaft with Barker. Went home with Syson, not with Barker.
Cross-examined by Mr. Maule: Had worked at Denaby since Christmas, and descended the mine every morning at six o’clock.
James Fisher, miner, Denaby, said he went to the pit bank with the prisoner John Syson at between half-past five and six. Next saw him at about two o’clock, at the bottom of the shaft, ready to come up. They did not ascend the shaft together. Heard of the riot before going out of the pit, the news being brought by the men who had gone down for the afternoon shift.
Cross-examined: Had worked at the pit about eight months.
George Harston, miner, Denaby, said that at the time of the riot the prisoner Syson lodged at his house. Syson left for work in his pit clothes shortly before six o’clock. Saw him again about twenty minutes past two.
Cross-examined by Mr. Maule: Syson had lodged with him about four weeks, and previous to that with witness’s brother. The prisoner did not always work on the morning shift.
The deposition of Samuel Harry, who was unable to appear through illness, was put in. His evidence referred to the prisoner Syson, and was of a similar character to that of the previous witnesses.
George Smith, lampman at the Denaby Colliery, deposed to giving the prisoner Syson his lamp at a quarter to six on the morning of the riot. The lamp was returned, and witness’s attention was called to its being broken. Spoke to Syson about it.
The deposition of George Nattrass, a man who had met with a fatal accident at the Denaby Colliery since the hearing before the magistrates, was here put in. It was to the effect that Syson had been at his work on the morning of the riot.
George Green, smith at the Denaby Colliery, gave corroborative evidence. He said he gave the prisoners Barker and Syson their “motties” (numbered pieces of metal attached to the loaded corves before leaving the mine) on the morning of the riot, the former’s number being seven, and the latter’s twenty-three. Both Barker and Syson worked at the colliery as “blacksheep,” and since the settlement of the recent dispute they had worked with the “whitesheep.” Each was a man of good character.
Cross-examined by Mr. Maule: A great many of the “blacksheep” left when the “whitesheep” resumed work, but Barker and Syson remained and joined the union. There had been many changes amongst the workmen during the last few months—men leaving and others being engaged almost every day.
James Marsham, check-weighman at Denaby Main Colliery, produced some of the colliery books, showing that corves of coal had come out of the pit on the day of the riot, bearing the “motty” numbers of the prisoners Barker and Syson. Both the prisoners were “butties,” and had other workmen under them.
Mr. Charles Baro, a clerk in the employ of the Denaby Main Company, showed how the Company’s books corresponded with those of the checkweighman as to the coal got by the prisoners Syson and Barker on the day of the riot.
Mr. Waddy said this was the whole of the evidence he proposed to call on behalf of his clients, and he desired to know whether it was necessary for him to address the jury.
His Lordship said he could not interfere. It would be for the jury to say whether the evidence for the prosecution had been answered by the production of the Denaby Main Company’s books.
Mr. Maule, on being asked by his Lordship what he proposed to do, declined to withdraw the case against the prisoners in question.
Mr. Waddy then summed up his case to the jury, whom he said he addressed with great pain. He hoped that he should not have been called upon to address them, not that he had the slightest fear in his own mind as to the result of the trial. No case had been more clearly proved than the one he had laid before them on behalf of those men. But he bowed to the decision of his Lordship that there being evidence on the other side which required answering, it was not for him (the judge) to decide upon it. After an analysis of the evidence for and against his clients, he concluded with an eloquent appeal to the jury to deal with the case of each prisoner on its merits, and not, after a few minutes’ hasty consideration, return an indiscriminate verdict respecting the whole group of prisoners.
Mr. Maule then commenced his summing up of the whole case, and in his opening remarks he somewhat sharply criticised the tone and substance of Mr. Waddy’s address. In reply to the charge that the prosecution were guilty of reprehensible conduct in not inquiring into the alibi set up on behalf of Syson and Barker, by an examination of the colliery books, he asked why they had not been produced before the magistrates by those who had undertaken the defence, which might easily have been done. He confessed that when he first heard the learned counsel speak of the intended production of the books, that a complete answer was about to be given to the evidence for the prosecution, but upon inquiry it had been shown that the books had entirely failed to prove what it was intended they should.
These books, he urged, simply showed that so much coal had been obtained from a certain “hole” in the pit on a certain day, and a “hole” that was worked by a number of men with a “butty” at their head, some of whom might have been on the day and some on the night shift. It therefore did not necessarily follow that the coal in question had been obtained on the day shift, or that the “butty” had been in the pit at the time it was got. In commenting upon the oral evidence for the defence, he said that all the witnesses had spoken to a number of trivial incidents which it would be impossible for them to remember with the accuracy as to time and place which had characterised their statements; while, on the contrary, the evidence for the prosecution was of the most direct and conclusive character, and such as he thought would convince the jury that the prisoners Syson and Barker were guilty of the offence charged against them.