TRIAL |
of the persons charged with |
THE MURDER |
of |
Thomas WAGER, Isaac BAGSHAW, and
Francis TAYLOR, |
in the |
RED SOIL MINE, |
At Sheldon, near Ashford, |
On Monday, September 2, 1833 |
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CHESTERFIELD |
Printed and Published by John Roberts,
Derbyshire Courier Office; and sold by Bemrose,
Derby; Goodwin, Bakewell; Whittaker, Wirksworth;
Vallance, Matlock; Smedley, Alfreton;
Foster, Tideswell, &c, &c.
|
-
The fateful and dreadful occurrence which caused the
deaths of three of the Red Soil Miners, and for which
eighteen individuals were placed on their trial, before
Mr Justice LITTLEDALE, at the Lent Assizes, at Derby,
on Saturday the 22nd, and Monday the 24th of March,
1834. took place at Sheldon, near Ashford, in the
neighbourhood of Bakewell, on Monday the 2nd September,
1833. The miners employed in the Red Soil
and those employed in the Magpie Mine, which is
adjoining, had, in the course of their operations,
arrived at the same point, and a communication had
been made from the one mine to the other; the
consequence had been that the proprietors of the two
mines have been in litigation for several years, and we
understand that some weeks prior to the fatal event,
the Grand Jury for the Mineral Liberty of Ashford,
were required by the proprietors of the Red Soil to go
through the workings of that mine, in order to ascertain
whether such workings were or were not in the
Red Soil vein. The jury, by their verdict, decided
that the whole of the operations of the Red Soil proprietors
were confined to their own vein. The jury
were subsequently directed to proceed with their survey
for the purpose of ascertaining whether the Red
Soil vein extended into the ground in possession of
the Magpie proprietors, but when they came to the
point of communication between the two mines they
found their further progress stopped by rubbish, which
had been placed their; the consequence was, that
a penalty was laid on the proprietors of the Magpie
Mine for causing the obstruction. Further unsuccessful/
- attempts were made by the jury to enter the Magpie
Mine through the opening, and heavier penalties
imposed. Matters were in this state when, on Saturday
the 31 August, 1833, the workmen in the Red
Soil Mine were much annoyed by smoke, which rendered
it very difficult for them to continue long at
work. On the Monday morning following (Sept 22nd,
1833) the Red Soil Miners assembled at the top
of the shaft, and one of them entered the mine, and
finding there was not so much smoke in it as there
had been on the Saturday previous, told the men
who were descending they might advance.
The way into the mine is down a perpendicular
shaft, similar to a dry well, down which the miners
clamber, by the help of cogs driven into the sides. At
the depth of about 40 yards there is a drift gait or level,
which proceeds for some distance, and then the miners
go down other shafts and along other drift gaits until
they arrive at the waggon way, where the point of
communication between the two mines is situated.
Four of the men had got into the waggon way when
they experienced a dreadful feeling of suffocation from
the fumes arising from some substances which had
been ignited. Two of the men retreated up a shaft
about fourteen yards into the drift gaits, and gave the
alarm to those who were descending. The other two
were so overpowered by the poisonous vapour as to be
unable to get up the shaft; they lay down on their
faces, and by inhaling the moisture from the earth
saved their lives: they were the last who were
extricated. One of the men was with great difficulty
enabled to get so near the surface as to give the alarm
to the persons on the mine hillock; and after great
exertions, and at the utmost personal risk, eight of the
men were rescued alive, but the other three were not
got out until life was quite extinct. The names of
the unfortunate sufferers were, Thomas WAGER, of
Longstone, aged 41, who had a wife and eight children,/
- Isaac BAGSHAW, of Sheldon, aged 40, who had
a wife and three children; and Francis TAYLOR, of
Bakewell, aged 22, who had a wife and one child.
The bodies of BAGSHAW and TAYLOR were found
jammed together in one of the shafts, their head
hanging down and blood running from their mouths.
There is every reason to believe that WAGER lost his
life in attempting to save two of the men, who, in
retreating, he found lying insensible in one of the levels.
Some of the men passed him at the spot, when he
exclaimed "For God's sake come back and assist me to
get up these two poor fellows". He was found lying in
the shaft a short distance from them, and about three
yards below the two dead bodies, which he had found
it impossible to pass.
A post mortem examination of the bodies took place
at the Devonshire Arms, Ashford, by Dr REID, Mr
FARNSWORTH, and Mr WALTERS, of Bakewell - A highly
respectable jury (Mr G LANCASTER, of Bakewell, foreman),
chosen from the townships of Bakewell, Great
Rowsley, Alport, and Over Haddon, assembled at the
Devonshire Arms, Ashford, on Tuesday morning, to
investigate the dreadful affair, before Mr MANDER, the
coroner. The inquest sat again on Wednesday, and
after a number of witnesses had been examined, it was
adjourned until the Wednesday following, when a
verdict of Wilful Murder was returned against twenty
of the Magpie miners, and against two others as
accessories before the fact. Seventeen of the miners were
shortly afterwards committed to the County Gaol to
take their trial at the Lent Assizes, the business of
which commenced at Derby on Wednesday the 19th
of March.
Mr Justice LITTLEDALE, in his charge to the Grand
Jury, in allusion to the case, said it was one of
a very serious character. Seventeen individuals were
charged with causing the death of three persons
either in the Red Soil or Magpie Mine. There were/
- also three others implicated in the charge, besides two
charged with being accessories before the fact. The
first thing that they would have to enquire would be,
whether the three persons came to their death in the
mines. If death did occur, whether any of the parties
named were guilty of any offence whereby smoke,
damp, or foul air was generated, which might cause
the death of the three persons. If the substances that
created this smoke, or damp, were ordinarily used in
the mines for working them, and ordinary care was
employed in using them, then, if death unfortunately
ensued, it would be accidental; but if these substances
were commonly used, and if in this instance with
due caution, the pernicious effects which followed
might have been prevented, then they would be justly
chargeable with manslaughter; but if these substances
were not ordinarily used in mines for mining purposes,
and were brought there to be used with a premeditated
design, though not with the intention of doing great
bodily harm, yet if death ensued it amounted to murder.
It would be their duty to consider whether the
circumstances would justify a charge of manslaughter, or
murder. The next subject of consideration would be
with regard to the principals in this transaction; which of
the parties charged, or if any of them could be charged
with the offences at all. With regard to what was
done underground nothing could be known, but from
the miners themselves; the mere circumstances of any
of these men being in the mine, when this offence was
committed, would not amount to a crime at all, because
some of them might have nothing to do whatever
with the causes that produced the death of the
three persons. When persons above ground proceed
together, having some common object in view, and
murder be committed, they are all alike guilty; but
it was very different underground. Above ground, if
any such parties had been apprehensive of the commission
of crime, they might have escaped the crime/
- getting away, but they could not do so with equal
facility in a mine; therefore, if they could not find out
which of the party were guilty of the offence, which
caused the death of these three persons, they could
not find a bill against any of them. But this case
would necessarily be attended with some difficulty, as,
if they found that previous preparations had been made
by any of the persons charged with committing the
crime; if they got the substances together in the
mine which caused death; if they had used any
expressions as to the purposes for which such substances
were intended, any of these circumstances would
fix guilt upon them. If such effects were produced as
they contemplated, they were chargeable with the
offence, or of having instigated others to commit it.
Or, if after the offence had been committed, any of them
should have expressed their approbation of such
proceedings, it would be their duty to infer that such
persons had participated in the crime. The Grand Jury
would also make every enquiry relative to the
persons charged with the offence who were still at
liberty, as well as in what degree the two persons were
implicated who were charged with being accessories
before the fact./
-
CROWN COURT, |
Saturday, March 22. |
Before Mr Justice LITTLEDALE |
----------- |
This morning this important trial came on for investigation.
The Grand Jury ignored the bill
1 against Richard
SUTTON, Jonothan ROWLAND, Samuel TURNER, Abraham DOXEY,
Benjamin MARSDEN, Thomas SKIDMORE, Thomas ASHMORE,
and --- WALKER, as principals; and against William
WYATT and John GREEN, as accessories before the fact. The
whole of the prisoners now in custody were placed at the
Bar, and pleaded not Guilty. The Jury having been sworn -
Mr Serjeant GOULBURN stated that it was not his intention
to offer any evidence on the coroner's inquisition, against
those as to whom the Bill had been thrown out, and the Jury
in respect of them would return a verdict of acquittal. - A
verdict of Not Guilty was then taken in favour of Richard
SUTTON, Jonathan ROWLAND, Samuel TURNER, Abraham
BERESFORD,Abraham DOXEY, Benjamin MARSDEN, Thomas
SKIDMORE, and Thomas ASHMORE, and they were ordered to
be removed from the bar.
George MALTBY, aged 37, George SUTTON, aged 23, Joseph
BAKER, aged 26, James GOODWIN, aged 31, John BUNTING,
aged 21, Thomas BAGSHAW, aged 24, William STONE, aged
21, Charles HARRISON, aged 21, Daniel HARRISON, aged 46,
and Isaac GOODWIN, aged 27, were then put to the bar,
charged with having feloniously, wilfully, and maliciously
murdered Francis TAYLOR, Thomas BAGSHAW, and Thomas
WAGER, at Ashford, on the 2nd of September last, by means
of noxious and unwholesome drugs and poisons which
impregnated the air where the deceased men were working.
Mr Serjeant GOULBURN, with whom was working Mr WHITEHURST
and Mr HUMPHREYS, appeared for the prosecution; and
Mr BALGUY, Mr CLARKE, and Mr HILL, appeared for the
prisoners.
Mr Serjeant GOULBURN opened his case by saying, that/
- it was his duty, as leading counsel for the crown, shortly to
detail the circumstances of this truly unfortunate case; but
before doing so, he was anxious to make the Jury understand
the nature of the duty which devolved upon him. It was
merely on the present occasion to give a statement of the
proofs as they would come out in evidence. But in cases of
this kind, where the counsel for the prisoners had no right
to answer his statement by an address to the Jury, it became
their duty to watch closely and narrowly the words in regard
to the evidence, which he might utter, and to see that they
were borne out by evidence, and by evidence alone. He
(Mr Serjeant GOULBURN) was aware - and no doubt the Jury
was so likewise - that the present case was a most important
one, and one that required the fullest and most complete
enquiry and investigation. It is admitted that three of our
fellow creatures have been suddenly taken out of life, and
the prisoners stand accused of their wilful murder; but it
appeared to the learned Serjeant that he should not be giving
up a portion of what was due to the justice of the country,
when he stated it as his opinion, that the present case was
one of those which ran very closely on the line which
distinguished it from murder, and would perhaps enable the
Jury to come to the conclusion that the milder degree of
crime, namely, that which the law had termed manslaughter,
had in the present instance been committed. He (Mr Serjeant
GOULBURN) was aware that there was a dispute between
the owners of the Red Soil and Magpie Mines, as to the
right of property in the mines in question, but with that the
Jury would have nothing to do. This was purely a criminal
prosecution, and not a question to try civil rights, and the
Jury would therefore put every thing of that kind entirely
out of their view. It would appear that both of these parties
lay claim to a certain vein which they worked at different
points,and the miners of the Magpie Mine and those of the
Red Soil met each other, having entirely worked through
the vein, one being on this side, and the other on that - and
it would also appear that the Magpie miners chose to annoy
the Red Soil men by lighting straw, and so intending to
smoke them out - the prisoners are all Magpie miners - this
was on Friday. However, finding this insufficient to drive/
- them out of their shaft, they then entered a part of the mine
which was clearly in the occupation of the Red Soil miners,
and put in it a mixture of straw, oil of coal, and sulphur,
with a view, as we apprehend, to poison the air. They then
pulled the waggon gate down to stop any communication, so
that the noxious vapours were confined to the Red Soil Mine,
so that when the miners came to their work, the noxious air
and vapours immediately rendered many of them insensible,
and caused the death of three; and the present enquiry
would be whether or not the prisoners at the bar were aiding
and abetting in the wrongful act which had been done.
With respect to the evidence by which the learned Serjeant
would seek to connect the prisoners with this calamitous
event, his proofs would consist of many circumstances of
suspicion occurring at the time, and would be made up by
declarations of the prisoners themselves. He (Mr Serjeant
GOULBURN) would not state what these declarations were at
this time, for they might be deemed inadmissible in evidence,
and therefore were he to dilate upon them there might
possibly be raised a bias and a prejudice against the unfortunate
men at the bar, or the persons might have forgot - at all
events, it was better that they should come out of the mouths
of the witnesses themselves - all that was desired on the
present occasion was, that justice should be done. If the evidence
was such as to leave no doubt, it would be their painful
duty, but still it would be their duty, to pronounce them
guilty; if there was room for a fair doubt, they would give
them the benefit of that doubt, and acquit them.
William WAGER, examined by Mr WHITEHURST - Is a
farmer and well acquainted with the High Peak, which forms
part of the possessions of the Duchy of Lancaster; knows
Asford-in-the-Water. The vein of the Red Soil goes in a slanting
direction, as displayed in the model. Knows where the
Magpie Mine is; it is near the Red Soil Mine. In working
a mine they make a shaft whereby they descend; it is
similar to a dry well; the shaft is sunk in the vein. When
at a certain depth, they strike out on each side for ore:
these side-workings are called gaits. When these are worked
out they frequently strike another lower down. In the Red
Soil Mine there is a place where they draw out the metal,/
-
called an engine shaft. In the red Soil Mine the climbing
shaft is separate from the engine shaft: the latter is
perpendicular. Knows the waggon gait that was pulled in on
the 3nd of September; it was part of the Red Soil Mine,
and worked by the Red Soil Mine owners. The length of
that gait was about sixty yards from the sump of that shaft
to the end of that gait where it joined the mine.
Cross-examined by Mr BALGUY - Was upon the Grand
Jury. Never adjudged this waggon gait to belong to the
Magpie Mine. Has been down the mine many times: saw
no cross veins: only went as far as the bill given by the
Red Soil miners directed me to go, and no further; and as
far as witness went he saw no cross veins. Was in the mine
on the 23rd of August, but not between that time and
the 2nd of September; neither was he on that day. Did
not see the miners at work on the 23rd of August; but the
mines were in course of work. (A paper was here handed
to the witness which he looked at.) Believes that in
1831 it was found that the proprietors of the Magpie Mine
had a good title to a cross vein there. Went before the
coroner, but not as a witness, but was in the room for a short
time; attended every day. believes that none of the
prisoners were permitted to be before the coroner while
witnesses were being heard against them. Knows Mr WAKE,
the attorney for the prisoners, and also that the coroner
would not permit him to be in the room, though he did
witness, who wanted to hear the evidence of the medical men.
At first it was an open court, but afterwards a close court,
was there when it was a close court. Witness attended at
the request of the father of one of the deceased men, while
a post mortem examination was proceeding.
Re-examined by Mr WHITEHURST. - The attorney for
the prisoners was in the room in the first instance; but he,
as well as the attorney for the prosecution, were afterwards
forbid to attend. The bill is like one before the Grand
Jury, directing them in what way they are to proceed; the
Jury receive the bill from the Bar Master or Steward of the
court. When the miners were watching each other, it was
at the waggon shaft. The workmen of the Magpie Mine
would not allow witness to go farther, but did not interrupt/
- him until he had reached the end of the waggon shaft.
There were some Red Soil miners at the end of the waggon
gait close to the Magpie sump; they were guarding the
possessions of the mine. Saw some of the prisoners there;
MALTBY was one; he was one who opposed my going further.
If witness was down as a juror, the cross vein witness saw, at
any time, had nothing to do with the waggon gait.
Thomas HENSTOCK, examined by Mr HUMPHREYS - Is a
miner, and worked in the Red Soil Mine: was there on the
Saturday preceeding the accident. Went down into the
waggon gait; it was then clear, excepting some smoke about
half way on; it was coming in a direction from the Magpie
Mine; came up and told KNOWLES; went down with Thomas
WAGER, KNOWLES, and OLIVER again the same day; went to
the far end of the waggon gait; at the end of the gait
there was a sump open at the top, and the smoke came up
it; we went with a waggon load of dirt to stop up that sump
to prevent the smoke coming up; was going to unstop the
roof in the waggon gait when he heard a fan blow, the smoke
came up, and witness fell down as though he had been dead.
The hole was one that had been open on the early part of
Saturday; on the evening of that day witness found it shut.
The fan blew from under the little sump; witness then got
out as well as he could. Went down again on the Monday with
BAGSHAW, Francis TAYLOR, and KNOWLES; John TAYLOR was
behind; got down to the bottom of the sump just getting
into the waggon gait; found that, the supporter having
been taken away, the waggon gait had fallen in;
saw there had been a fire; there was little smoke, but a
rising blue mist. Witness called out, with a loud voice,
"Retreat or we shall all be killed". BAGSHAW called out
"I am killed already." Never heard BAGSHAW speak again.
This was between 8 and 9 in the morning on Monday.
Witness and KNOWLES got as far as the 7 fathom sump, when
witness being faint, laid himself on the ground on his belly;/
- when he got a little better heard the men groaning and
crying above him; witness was drawn up the engine shaft. On
the Sunday morning about dinner time, between 12 and 1;
saw four men let down into the Magpie Mine, two bags, and
some straw; did not know the men. On the same day met
two of the prisoners, John BUNTING and Richard SUTTON, in
a field as I was going to the Red Soil Mine; it was after
the bags had been let down. Witness said, " Now lads, how
goest thee on?" BUNTING said, "Middling." Witness said,
"Thou see'st thou hast not killed us all yet, we are pretty
good devils that come from our side, we can stand it well."
Further said, "Some of our chaps were down on Saturday,
and heard you talking and blowing." One said, "Aye,
aye, our physic's been hardly strong enough yet, you shall
have it rather stronger in the morning." Does not know
which one it was who said this.
Cross-examined by Mr CLARKE - the little sump was
open at one in the morning of Saturday; but only half way
on. Believes the Magpie Miners thought we were working
in their mine. Found no ashes at the hole on the Saturday
as though there had been a fire there; will swear that for a
month; did not go so far as the hole. When witness saw
the straw taken down the mine, did not know what it was
taken down for; it might be for smoking them, but thinking
and being sure are two different things. Has seen William
WILDGOOSE here, but there are two WILDGOOSEs. Heard
the fan under the little sump at the far end of the waggon
gait; the sump had been filled by our people with rubbish,
which the magpie men had drawn out; did not say any
thing before the Coroner about the little sump.
Critchlaw BROCKLEHURST, examined by Mr Serjeant GOULBURN -
Knew Isaac BAGSHAWE, Francis TAYLOR, and Thomas
WAGER, who are now dead; they were fellow workmen with
witness; was in the mine on the Friday night before the
accident, with seven others; the mine was then all clear.
About two o'clock on the Saturday morning was driven out
by a smoke which proceeded out of the little sump. Went
down again at 8 o'clock on the Saturday night; went as far
as the middle of the sump toward the waggon gait, there was
a smell of sulphur, and when witness got to the top of the/
- sump was so ill that he was obliged to stop. On the
Friday when in the waggon gait we heard a noise, it appeared
to be the roar of a fan. remembers an alarm being given
on the Monday morning; in consequence went down the
mine, went to the bottom of the 24 fathom; saw William
WOOD there; he was laying down on his belly; got him out
to the top by strapping him to his shoulders; after he had
taken out WOOD found others laying in the same state;
witness went up and desired water to be flung down the
engine shaft; witness then took out HEATHCOTE and the rest
who were at the climbing shaft; witness then went 16
fathoms lower, where he found OLIVER, who was covered with
dirt and blood, he desired witness to let him lie still, for it
was nearly over with him; witness took him out, and
returned and proceeded still lower, where he found two men
laying dead, their heads down on the ledge, their legs being
up, there was blood running from their mouths; they were
then quite cold and stiff; then went three fathoms lower,
and then found Thomas WAGER, also lying dead. Witness
was too agitated to be able to notice what took place afterwards
in the mine. Remembers at one on the Monday
morning sitting near a wall at the mine head, when two of
the prisoners Joseph BAKER and Daniel HARRISON, with their
wives passed by: Hannah BAKER said to HARRISON that they
would come to the mine in the morning, in order that they
might see the performance; HARRISON said we'll have no
women there. BAKER's wife said they would come and sit
on the tale pole, which the horses draw by.
Cross-examined by Mr HILL - Must have expected from
what he heard that there was to be a trial for the mastery
in the mine; did not see any fire at the hole, but there were
ashes near the waggon gait; there is no regular top to the
engine shaft, but there is one to the climbing shaft.
Samuel HOUSLEY, examined by Mr WHITEHURST -
Works at the red Soil Mine. On the Saturday went to the
mine and to a hole in the roof; it was above the waggon
gait; that was the place where the Red Soil communicates
with the Magpie Mine; there was a hole big enough to get
head and shoulders through. Saw SLACK there; knew him
by his voice, I said "George here is a hole big enough to end/
- the dispute, I don't wish to make it any bigger," SLACK said,
"I'll make it as big as I like, and be through before six in
the morning," he then took up a mallet and began to bore
a hole, into which, when he had bored a sufficient depth, he
put powder, and began to stop it up; he pulled the needle
out, and put straw in the hole; that is the way we blast a
rock; he then set a lighted match to it, and SLACK ordered
us to shift; there were many other men behind him, who
together with SLACK got out of the way. Witness said he
would not shift, he was on his duty; he put his head and
shoulders through the hole to take the match from the straw,
but could not reach it; drawing himself out again, by
accident with the candle, he set has sleeve on fire, which sleeve
fired some straw, which communicated with the powder;
the rock was partly blown down, but no person injured. We
lay still for some time, but afterwards witness made
water on the straw and put it out. Coming up the
waggon gait, witness and his party, were stopped by a
smoke; went to the little sump, the smoke was coming
up it; heard the noise of a fan; it appeared to come from a
gait in the Magpie possession; when witness heard the
noise of the fan, the smoke appeared to come stronger.
Went with SMITH into the mine on Monday to assist in
getting the men out; found John OLIVER; he was in the
middle of the 20 fathom sump, he could not speak, but only
moan. SMITH gave witness hold of his clothes to pull him
up by; tried to get him out, but could not succeed, we were
obliged to leave him, the sulphur was so bad we could not
keep our legs; saw TAYLOR and BAGSHAW, they were dead.
Went to the top of 20 fathom sump, but could not get any
farther, being so perfectly exhausted with the sulphur; the
smell appeared to come from oil of coal; the day before,
Sunday, saw Richard SUTTON.
Cross examined by Mr BALGUY - Was dressed in a
jacket with goat hair shag; the sleeves were made of pocket
fustian. Will swear he had not a woollen jacket on. Will
swear that he never said he had a kitle on that morning;
can't recollect that he said so. The waistcoat he had on
was his kitle; sleeves of his jacket were dry; it was by accident
they took fire; one of them was much burnt; it set fire to the/
- straw; will swear it was by accident. Has never said he
had left the fire lighted two hours, and had burnt the Magpie
men out. Had no weapons, neither himself nor the
other men that he knows of. There's no smoke in the mine
till the straw was fired. It was between nine and ten that
witnesses went down the mine on the Monday morning; was up all
Sunday night watching; did not go down the mine on Sunday,
was watching above ground. Don't know that any body
went down the mine on Sunday night; it was not likely
they should when there was smoke in the mine. Will swear
he does not know whether any one went down the mine on
Sunday.
William WILDGOOSE examined by Mr HUMPHREYS -
Went down the mine on Saturday; there was smoke in it
then. Was in the mine on Monday on Monday morning; MOTTRAM had
gone down before him; there was not so much smoke then
as on the Saturday; it was clearer in the 16 fathom shaft
than it was in the upper; told it to the men whom witness
saw coming into the mine. On that they went forward; it
was about quarter of an hour from that time when two men
came up for assistance, and witness, who had heard them
come up to the top, went down again, and found a smoke
and a vapour; the smoke different to that which had been
in the mine on Saturday. Can't describe the vapour; felt
very little of it till he was nearly ready to tumble over.
Cross-examined by Mr CLARKE - Felt no inconvenience
the first time of going down on Saturday. James WILDGOOSE
is my son; he is not here; neither is MOTTRAM; they both
went down the mine on the Monday: his son was very ill;
most of the men about, might know that MOTTRAM and
witness's son were ill through going into the mine; the engine
shaft was not stopped at the time witness went down; had
not stopped the gait between climbing shaft and the
engine shaft; saw HOUSELY on the Saturday morning; he had
his mining clothes on; the rough coat worn by miners outside
of their other clothing is called a kitle
2, they are generally
made of rough cloth.
John TAYLOR, examined by Mr Serjeant GOULBURN - Is one
of the Red Soil miners; remembers the night of Friday;
between 10 and 11 o'clock went down the mine into the/
- waggon gait; then went to a hole about four fathoms from
the waggon gait; went up to the hole; saw Joseph BAKER,
one of the prisoners; HARRISON was with him there; were
boring a hole for a shot; BAKER said he was going to let it
off. BAKER first called out, "MALTBY, haven't I orders to fire
this shot?" A voice answered "Yes". WOOD said "If you
kill or lame either of us, there will be a spot for you at Derby".
He said, "I care neither for you, or Derby". He
did fire it off, but witness received no injury.
Cross-examined by Mr HILL - Was good friends with
them; had exchanged bread and cheese with them through
the hole; it was before they fired the shot. WOOD was not
hurt to witness's knowledge.
William WOOD, examined by Mr WHITEHURST - Was
in the mine with the last witness on the Friday night, was
tenting there. Joseph BAKER, MALTBY, and HARRISON were
tenting on the other side. Is sure MALTBY was one of them.
Went down on the Monday morning into the mine; was
struck by the shot in the breast; heard BAKER ask MALTBY
if he must fire the shot. MALTBY said "Yes, fire on; never
mind the loss of a man or two". Found TAYLOR in the mine
on Monday; he wished to pass witness; witness said "Come
along, I'll get out of your way as soon as I can". He then
went down to the bottom of the 60 fathom; saw the sulphur,
it appeared like a blue mist; had candles at that time;
they went out when about 7 fathom from the 60 fathom;
the top of the climbing shaft was shut at that time.
Witness went to the top of the 60 fathom level; the climbing
shaft was then open. He had no use in any of his limbs at
that time.
Cross examined by Mr BALGUY - Will swear the blasting
was done to injure them, and not to get rid of the rock.
Always use powder when they can, it is the easiest mode of
getting rid of the rock. They told witness to get out of the
way; but witness thought then that there was as much danger
in going as in staying: was wounded by the firing of the
shot in the breast; it injured him a little.
James SMITH, examined by Mr HUMPHREYS - Saw George
SUTTON and George MALTBY on Monday come out of the Magpie
Mine, between 12 and 1 in the middle of the day./
-
Cross-examined by Mr BALGUY - Was at work in the
Red Soil Mine. No smoke there on Friday; there was on
Saturday. Henry KNOWLES told witness to go and get a fork,
and if he could stand the smoke he was to fire away; he was
to fire with straw; he said there was plenty of straw down
there; it was to smoke the Magpie people away. James HEATHCOTE,
Francis TAYLOR, Matthew BROCKLEHURST, and Samuel
ASHTON went down with witness: in going down they met
Samuel HOUSLEY and Thomas SMITH; HOUSLEY said he had
lighted a fire for two hours, and had nearly driven out the
Magpie men. He said the smoke worked round, came up
the waggon gait, and it caused him to leave it. HOUSLEY
had a milled flannel jacket and trousers on, with a handkerchief
tied round his neck. Witness went round to the waggon
gait to attempt to get a fork, but could not on account of
the smoke. Was sent down by KNOWLES on the Sunday afternoon
with others; went to see whether they could go far,
but they could not for smoke. Francis TAYLOR was with
him. Was tenting on Sunday night with 24 others; some
went down in the night; they said they could not get farther
than the 20 fathom sump on account of the smoke.
KNOWLES came on the Monday morning, and remained until
after the accident happened. MOTTRAM and WILDGOOSE went
down on the Monday before TAYLOR and BAGSHAW. KNOWLES
was on the outside when MOTTRAM and WILDGOOSE came up;
they were both very ill. Heard MOTTRAM say it was not fit
for any body to go down. Saw MOTTRAM lying on the
ground; offered to lift him up. KNOWLES said, "Let him
alone, he's a damned hypocrite." Some of the men demurred
to go down; KNOWLES said if they did not they should
do no work there. Witness demurred to go down. Witness
told him he would not go down himself, as the mine was not
in a fit state. KNOWLES said he must keep possession
of the mine at all hazards. The foundry and climbing
shafts were closed up; KNOWLES ordered it to be done in
order to drive the smoke back on the Magpie workmen.
Re-examined by Mr HUMPHREYS - Did not tell the
prosecutor's attorney any thing about what he has been now
stating. Did not go down to help the men up; saw the other
men go down; but witness would not go down. Saw William/
- WILDGOOSE go down. The foundry shaft was sodded on the
Saturday morning.
Henry KNOWLES, examined by Serjeant GOULBURN - Is
overseer of the Red Soil Mine; was not there on Friday;
was first at the mine between four and five on the Saturday
morning. When he arrived he found the foundry and
climber's shafts as full of smoke as a chimney on fire; had
never given any directions to his men to smoke the Magpie
men; is sure up to that time he had given no instructions to
smoke the mine. Witness took two men with him to Bakewell,
to advise with Mr GAUNTLY, and then came back to the mine
about noon on the Saturday morning. The shafts were open at
the top and smoke coming out; they were open by my order;
they were full of smoke, and it did not abate much till the
Monday morning, about four o'clock. Several went down
on Sunday night, at times, to see the state of the mine, as
far as they could go; never went down himself. Knows
SMITH; he was only in my occasional employ, and was to
tent and to watch on the present occasion, but never worked
in the mine; he was employed about fourteen days altogether.
Gave him no directions to go into the mine; did
not direct him to get a pitch fork and fire away: nothing of
the kind.
The further examination of this witness was objected to
on the part of the prisoners by Mr BALGUY, on the ground
that the prosecutor has no right to impeach the testimony
of his own witness, SMITH, and his Lordship proceeded to the
other court in order to consult the Chief Justice, and on his
return he decided that the evidence might be proceeded in.
This was not a case where the prosecutors sought to impeach
the credit of their witness as to any fact which they
themselves had brought out; but what they sought to do was to
call in question that new matter which had been brought
out by cross-examination.
The examination was then resumed - Did not send SMITH
for a pitch-fork that he might fire away upon them, nor
desired him to keep possession of the mine at all events, because
it was not fit. Did not tell him if he could stand fire, he
was to fire away the straw, or any thing of that kind. Did
not direct any of the Red Soil miners to smoke the Magpie/
-
men, or any thing tending or leading that way: remembers
MOTTRAM lying on the ground: does remember saying
"Let him alone, he's a damned hypocrite": they told me they were
crying murder on all hands, and witness thought they
were not doing all they might to get the men out.
Cross-examined by Mr BALGUY - BAGSHAW was in the mine. Don't
know that MOTTRAM went down, but that WILDGOOSE did.
MOTTRAM went down after WILDGOOSE went down. Will swear
that William WILDGOOSE went down by himself. Will swear it
was past four before witness arrived at the mine: remained
above ground all the time till Monday night: has a son; he
was there: will swear he went down into the mine, but not
as to the time; it was while witness was at Manchester; does
not think he went down at the time in question: witness
was at the mine all Sunday night, and till dark on Monday
night: was aware on Sunday night that the mine
was unfit to be entered; it was at first open: a man came
up and said you must keep it shut; witness then shut the
place, the man saying "You will turn their smoke upon
them". Cannot say whether more than one party went down
on Sunday night. Was not before the Coroner as a witness,
but was taking an active part.
Re-examined by Serjeant GOULBURN - Had closed the
top of the shaft some hours before BAGSHAW went down. The
Magpie men came out of their shaft after midnight on Sunday.
When TAYLOR, BAGSHAW, and WAGER went down there
was no appearance of smoke or any thing to endanger life.
George FIDLER, examined by Mr HUMPHREYS - Knows
Joseph BAKER, was at his house about 10 o'clock; Daniel
HARRISON, George SUTTON, Joseph BAKER, Hannah BAKER, and
Martha BLACKWALL were there; Martha BLACKWALL said "there
was a barrel of brimstone in the bottom". On Sunday evening
went to the Magpie hillock; none of the prisoners were
present then. Early on Monday morning saw John BUNTING,
Thomas BAGSHAW, Samuel TURNER, and Abraham BERESFORD,
they went down the Magpie shaft; BAGSHAW took a pair
of Smithy tongs down with him, and Samuel TURNER took a
bar of iron; BERESFORD took a bottle with him capable
of holding three quarts. Before this he was at William WYATT's
chamber, HARRISON was there; a bottle was in the room, the/
- same that BERESFORD took down; HARRISON was looking
towards it, and called it oil of coal. Saw William STONE there,
remembers seeing Joseph BAKER put some straw down the
shaft, it was at five o'clock on the Monday morning; hear
BAKER say in WYATT's room "they would have the rope
it would do to draw with".
Cross-examined by Mr CLARKE - Had been out late, and
thinking his master would be angry, staid out all night;
should not think the jug was an ale jug, when they carried
oil of coal in it; had known BAKER before that night.
Daniel WOODHOUSE examined by Serjeant GOULBURN -
Knows the prisoner George MALTBY; remembers seeing
him on Monday after this accident; it was about
one or two. Witness is not a Red Soil miner, but works
at the Grand Junction Mine. MALTBY said he had come
for some men, the head Bar-master had sent him; he
was asked what was the matter; he said there was something
amiss at the Red Soil Mine, that three men were said to
to be dead, but he seemed to hope that it was not so. Witness
asked him whether they had been smoking them; he
clasped his hands together and said "I wish we had never
smoked". Witness said, "perhaps its too late".
George BROCKLEHURST examined by Mr HUMPHREYS -
Remembers seeing some of the prisoners go into the Magpie
Mine on Monday morning; saw Joseph BAKER, George
SUTTON, and Richard SUTTON.
John BROCKLEHURST examined by Serjeant GOULBURN -
Knows the prisoners, James and Isaac GOODWIN; saw James
GOODWIN come out of the mine about twelve at noon on
Sunday, with two others he did not know; they went to
SLACK's house, which is just below the mine; saw them come
back in half an hour; their clothes were changed, and they
had two small bags with them, which would hold about a
strike of meal; a bottle, and some straw. When at the mine,
they first let the bags and and bottle down by the engine shaft
of the Magpie, and then they threw the straw down afterwards.
John BROCKLEHURST examined by Mr HUMPHREYS - Is
the son of Critchlow BROCKLEHURST; knows John BUNTING.
On the Sunday, in the afternoon, saw him on the Red Soil/
-
hillocks; he said, speaking to the Red Soil men, "they
(the Magpie men) would smother them all by nine o'clock
on Monday morning.
James HEATHCOTE examined by Serjeant GOULBURN -
Saw BUNTING and SLACK, with other persons, put down into
the Magpie Mine, two bags, and a bottle. Heard
John BUNTING say he would go down the Magpie shaft,
mend the fire, and make it double strong for us.
By the JUDGE - Never use any straw, unless a small
quantity to let a shot off.
Richard GLOSSOP examined by Mr HUMPHREYS - Had
come conversation with John BUNTING on Sunday: he called
TURNER and witness two devils, because they could stand
smoke: he also said that two men had gone down the Magpie
Mine who would give us a fizzer. Knows the prisoner,
Charles HARRISON, who had something under his smock, he
said, when asked about it, "It did not matter, it was not
brimstone, but they should smell the devil's dung."
Anthony BROCKLEHURST examined by Serjeant GOULBURN
- Remembers John BUNTING coming to the Red Soil
Mine in company with two other men; he said a great smoke
came up the Maypit shaft, which adjoins the Magpie. BUNTING
said it would give more smoke before morning, and that
they's give us some pills before morning that we should not
like, and that he'd give us a smell of the devil's dung before
morning. Knows Charles HARRISON, saw him go by my father's
house on the Saturday, with a jug; he went to his
uncle's, Charles HARRISON, and afterwards, on the same day,
saw him go to the Magpie Mine.
Michael STONE examined by Mr HUMPHREYS - Is no relation
to the prisoner, William STONE, but knows him; saw him
on the Sunday afternoon; I said "Well, William, how do
you get on at the Magpie?" he said "O rarely, we've
drove them, we've been burning straw and pitch". Saw William
STONE again on the Monday, in the evening; MYCOCK
and DICKENS were there, DICKENS said "Well, Will, how have
you gone on at the Magpie today," he said "O Rarely;"
then he paused, and then said again "O rarely, but there's
three men killed, we've put in all the Waggon-gait, and
taken all their tools into our possession:" remembers the/
- day the Coroner sat; STONE came to witness, and said he had
heard witness was going to say something again him, If I
did, he said he would either break my neck off or pull it out.
John Alexander CARRINGTON - Lives at Bakewell; remembers
Charles HARRISON the younger coming to his shop to
purchase some oil of coal, or gas tar; sold him two quarts,
which he took away in a stone bottle; this was on the
Friday or Saturday.
Thomas SMITH the younger. Knows Daniel HARRISON.
Remembers on the Monday going down the Magpie Mine;
went down to him to tell him to put the fire out; it was
about 11 o'clock. Witness said, "You must put the fire
out, for you have killed all our men". He said, "Damn
you, we'll give you fire enough now".
Joseph HEATHCOTE. Is a farmer at Taddington. Was at his
grandfather's on the first of September. Remembers Thomas
BAGSHAW coming in, he said, there wood be blood for
supper and that we shall give them a brimstone pill, and
if we would go there next morning we should see them come
out like dead bullocks.
Cross-examined by Mr CLARKE. Has always considered
BAGSHAW a man of weak understanding.
Dr REID examined by Mr HUMPHREYS - Is practising at
Bakewell as a surgeon and physician. Was sent for on
Monday the 2nd of September, to the Red Soil Mine. Saw
the men all brought out but two, from the mine; they were
all affected with difficulty of breathing, pain in the head,
and loss of muscular power: a bad and noxious air would
cause this. The bodies of the deceased were opened.
Believes suffocation to have been the cause of death of Isaac
BAGSHAW. If burned in large quantities, oil of coal would
cause death; brimstone would also produce it. Should
think the burning of oil of coal and straw in so confined a
place as the mine, would produce death. Is of opinion,
that had the shafts been kept open, the lives of the men
would have been spared.
By the JUDGE - Is of opinion the burning of oil of coal
and tar with straw, would have produced the symptoms
displayed.
Cross-examined by Mr CLARKE - He saw no appearance/
- in BAGSHAW's case but what might be produced by suffocation
of an ordinary kind. In the other men the appearance
of suffocation was less marked; there was more appearance
of apoplexy; noxious air, very strong, in a confined place,
would have a tendency to produce apoplexy. From what he
saw of the symptoms, there was little or no sulphur burnt
in the mine. Charcoal would be more pernicious than the
gas tar. He could not go into a place filled with the smoke
of gas tar without at once perceiving it. It is possible the
other two might have come to their death through the
bruises they received. He saw no appearance of a blow on
BAGSHAW; sometimes a small blow on the head will cause
death.
Re-examine by Mr HUMPHREYS - In his opinion BAGSHAW's
death was occasioned by suffocation.
Cross-examined by Mr CLARKE - He does not know
whether if the shafts had been opened the men would have
lived, but he was of the opinion that closing the shafts
contributed to the deadly effects of the vapour.
James WALTERS examined by Serjeant GOULBURN. Is a
surgeon at Bakewell. Saw the body of Isaac BAGSHAW on
the Wednesday, and was present when it was opened; there
was no particular appearance about the brain, save its
being a very healthy one, the brain being firm and a beautiful
specimen. Looked at the chest, found the lungs completely
gorged and distended with blood. The heart was in a state
of contraction, and that death was caused by suffocation,
witness has not the least doubt. Oil of coal, such as
described, burnt with straw, would not alone be sufficient to
cause the death of the deceased, and believes something else
must have been used, such as sulphur, because it is
irrespirable, and would produce the appearances found on the
lungs.
Cross-examined by Mr HILL - Believes from appearances
that the suffocation has been instantaneous.
This closed the case on the part of the prosecution; and the
trial having lasted from nine in the morning until a quarter
to eight in the evening, and there not being the remotest
possibility of its being brought to a conclusion that night,
it was adjourned until eight o'clock on Monday morning./
-
Monday, March 24 |
----------- |
His lordship having taken his seat on the bench, and the
names of the jurors being called over - Mr CLARKE, on
the part of the prisoners, applied for the acquittal of those
persons at the bar against whom the learned counsel themselves
were unable to say that anything like a case had
been made out. His Lordship, with the assistance of
the counsel on each side, then went through the evidence
as far as it had reference to these persons whose acquittal
was now demanded; and his Lordship having carefully
examined the same, directed the jury to return a verdict of
acquittal in favour of George SUTTON, James GOODWIN,
Charles HARRISON, Daniel HARRISON, and Isaac GOODWIN.
His Lordship then told the prisoners that this was the
time for making their defence, and George MALTBY put in a
long written paper, occupying about forty closely written
pages, for himself, and also on the account of the other
prisoners with him. It was handed over to the proper
officer of the court, and was by him openly read. The
prisoners lamented the inability they laboured under in being
unable to address the court by word of mouth, but urged
strongly the want of any malice as shewn by the fact of their
not being out of the way when an enquiry was set on foot
concerning the unfortunate circumstance which was the
subject of the present inquiry; that they had voluntarily
surrendered themselves, or at least had not put themselves out
of the way, though aware that warrants were out against
them. They complained of the mode of conducting the
proceedings before the coroner. They attended the inquiry,
they said, for the purpose of being examined as witnesses;
but they were placed in custody, and both themselves and
their attorney excluded from the inquest; so that they had
no opportunity of repelling the charges brought against them/
- before the coroner, which were thereby suffered to be circulated
throughout all the newspapers in the country, accompanied
with the grossest falsehoods and aggravations. They
ascribed the death of the deceased partly to accident, partly
to their own rashness in going down the mine when they
knew, or ought to have known, that it was full of foul air
but mainly to the improper directions and orders of KNOWLES,
the superintendent, as it was well known, they said, that the
Red Soil miners had by his orders made a fire of straw several
times at the bottom of their mine. But whether that fire
had been made by accident or design, the prisoners considered
themselves justified in pulling down the waggon gait,
and thereby preventing the smoke from entering the Magpie
Mine. In consequence of that, and of the covers being kept
on the tops of the Red Soil shafts by KNOWLES's orders, the
smoke was confined in the Red Soil Mine for two days; notwithstanding
which KNOWLES had persuaded his men to descend
on Monday morning, after the two men who had just
made the experiment returned faint from having gone down
half way. If due caution had been used, and time given for
the foul air to pass away, with proper ventilation, &c, the
unfortunate occurrence would never have happened. They
denied solemnly having ever intended to do the Red Soil
men any injury; and expressed their deep regret at the fatal
event which had led to the present inquiry.
The paper having been read through, the counsel for the
defence proceeded to call their witnesses, and the first was -
John TURNER, examined by Mr CLARKE - Lives with his
father, about half a mile from the mines; worked at the
mines. George MALTBY lodged in his father's house along
with witness, who left home at seven in the morning of
Saturday, to go to the mine. Slept in the room with MALTBY,
and left him in bed at seven on the Saturday; we had
come home at midnight on the Friday. Saw MALTBY at the
top of the mine some time before noon on the Saturday;
MALTBY had not been in the mine up to the time of witness's
leaving it; he left him at the top of the mine.
Cross-examined by Mr WHITEHURST - Did not go again
till eight o'clock on the Monday morning, found Charles
HARRISON at the top of the mine; went partly down the/
-
mine to call them up, that was about ten. George MALTBY,
George SUTTON, Charles HARRISON, Richard SUTTON, and BAKER,
came up, BAGSHAWE was already up, and had been so about
an hour, as also BUNTING and STONE; saw Daniel HARRISON
at the top, and James GOODWIN; witness went down about
40 fathoms but did not see any smoke; was not down the
mine on Sunday; between 8 and 10 on the Saturday morning
witness was filling the barrows with the ore which was to
be drawn up; did not go to see the straw lighted at the
waggon gait. Will swear he did not know there was a fire
made, or burning on the Monday morning; he was ten
yards from the sump top; did not hear them pull in the
waggon gait. Was doing nothing else on the Monday, than
looking about him; there was no stuff got that morning;
did not go into the mine after this transaction for about a
week; when the prisoners came up the mine, they did not
say what they had been doing; will swear it; they went to
the engine where they staid about half an hour; they were
talking about summat, but don't recollect what that summat
was; will swear they never mentioned in his hearing what
they had done in the mine.
Nathaniel ANDREWS, examined by Mr HILL - Was in the
Magpie Mine, with MALTBY, at four o'clock, on Friday afternoon,
and he was there till twelve, working in the lower
sump, it was about six fathoms lower than the holing was;
he had nothing to do with firing the shot, went home to
TURNER's soon after one o'clock; went on again at six o'clock;
left MALTBY in bed; staid down on Saturday morning from
six to twelve; found MALTBY on the top; he did not go
down the mine; they went together nearly seven miles,
he lives at different village from witness. Returned to the
mine on Monday about half-past eight; MALTBY came about
nine, and they proceeded into the mine together; saw no fire
and but little smoke, was ordered up in about an hour.
Before witness was there the waggon gait had been pulled
in; there was no fire, and if there had been, the smoke could
not have got into the Red Soil Mine through the waggon
gait,and if they had made a fire the Magpie men would have
been smoked.
Cross examined by Mr HUMPHREYS - If the fire had/
- been lit on the Red Soil side, and the waggon gait then
pulled in, the smoke might have gone up the Red Soil side.
MALTBY had nothing to do with firing the shot. Found on
Saturday morning the hole had been enlarged by the drift of
the smoke through it. Was in the mine on Monday;
saw one of the dead men; the man witness saw lying there
was the first brought up; never saw the other two.
Henry SHAW examined by Mr HILL - Remembers the
accident at the Red Soil mine; was up at six, and staid in
the street about an hour. About three quarters of an hour
after six saw MALTBY, who went in the direction of the mine.
Cross examined by Mr WHITEHURST - Was a miner, belonging
to the water Mine, which is partly owned by Mr
WHYATT, as is also the Magpie. Is a farmer now of six
acres, and sometimes a labourer.
George PALFREYMAN - Has been several times employed
as Grand Juryman in mining matters. Knows the
mines in question. Persons may be employed in
certain stations in the mines in twenty different places,
and yet be unaware what each other may be doing. The
Magpie Mine goes lower than the little sump. Was on
the Grand Jury as to the latter dispute, which took place
between the owners of the two mines in question. Went
down the Red Soil Mine on the 8th of July, and the 23d of
August, as Grand Juryman, to determine the right of the cross
vein called the waggon gait, when it was decided it belonged
to the Magpie Mine - not by the Grand Jury, but merely by
witness. The Jury, to the number of nineteen, thought it
belonged to the Red Soil. There was not a trial at Ashford
in 1832 as to the proprietorship of the cross vein. Has been
down the mine since the accident; was there on the Wednesday
following the Monday. Observed that there had
been a fire on the Red Soil side of the hole forming the
communication; it appeared to be from two to three feet
wide, set upon a stone, and witness could have gathered
a quart or two of ashes. If the Red Soil miners wished to
have sent smoke into the Magpie Mine, that would have
been a very proper place for such a purpose. The Grand
Jury have been down since this event. Joshua KNOWLES was
called before them, but not Henry, the overseer. Has had/
- a conversation with Joshua KNOWLES at the Grand Jury at
Ashford; it was not pointed out precisely to witness where
the unfortunate men were found.
Cross examined by Mr HUMPHREYS - Witness decided
for the Magpie owners, but the 19 thought it belonged to
the Red Soil. The last time witness went down before the
accident, the men were tenting, that was on the 23rd of August,
at the bottom of the sump, each on their own side:
there were some rough stones, too rough for the men to sit
down upon, and ashes were found against these stones: when
witness differed from the 19 other jurymen, he also resisted
the warrant that the Bar master came to put in force: there
was a ledge projecting over the place where the witness
saw the stones and ashes, and was not a likely place for the
men to sit upon.
Thomas HILL examined by Mr HILL - Was one of the Grand
Jury that went into the mine in March, 1832, when they
found that the Waggon-gait belonged to the Magpie: they
were 24 in number: it was a joint affair of the two mine
owners: they might, if they had chosen to have disputed
that finding, have done it in the regular course in the Barmote:
sometimes the owners of a mine will take a Jury
down at their own expense, but even then, it is not always
the case that they give a verdict for one side in particular.
Cross examined by Mr WHITEHURST - Went down the
founders' shaft in 1832, to the 15 fathom, and then to the
20 fathom sump lower, then a few fathoms still lower, to a
little sump; there was then no waggon gait, but a road.
Does not think Mr WHITEHURST understands mining. A
Grand Jury was down the mine last summer; did not go
down the mine in October, 1832; was on a Grand Jury in
October last, but did not confirm the finding of the August
inquest.
Re-examined by Mr HILL - They had a bill to examine
the hole making the communication. It is not settled yet
in whom the right possession of the wagon gait is. No
proceedings have yet been taken in the Barmoot Court, to
call into dispute the finding of the Grand Jury of 1832.
Douglas FOX examined by
Mr CLARKE - Is a surgeon/
- residing at Derby; has practised in that town for several
years. Has attended the court during the whole of the prosecution,
and in particular has attended to the medical evidence.
Has not heard any evidence to prove that any
thing has been used in the mine beside straw, oil of coal,
and coal tar; but is of opinion that nothing else was used.
Has a confident opinion that sulphur was not used; there is
nothing more injurious to life by the combustion of coal tar,
than in common coal, but it is more unpleasant. Is most
decidedly of opinion that sulphur was not used: without
doubt substances might have burnt more destructive
to life than coal tar, and yet not have given intimation of
danger so soon as coal and coal tar; and they are of such
common use that even the most common people were
aware of them. Has heard the account of the smoke being
seen coming from the mine, and at any rate after nine
o'clock no smoke could have passed into the Red Soil Mine.
Finding there was little smoke at four in the morning,
should conclude from that circumstance the fire was going
out. Is of opinion if the shafts had been open shortly before
the miners went down, no accident would have occurred,
the confining the shafts was bad; is of opinion that if they
had not been shut, no deaths would have occurred.
Cross examined by Mr HUMPHREYS - Does not think it
absolutely shewn that suffocation was the cause of death in
the deceased men, but thinks it probably was; hearing the
evidence, should think that there was a doubt as to suffocation,
if not suffocation, it might have arisen from concussion.
Hearing that three persons have been taken out of the mine
dead, one having no marks of violence, should yet think
there was room for doubting suffocation as the cause of death,
even though attended with its usual symptoms; and when
a person is found lying at the side of one who has received
injuries in a fall, a very great doubt may arise as to whether
the immediate cause of the death of BAGSHAW was not from
a fall producing concussion. Has not seen many cases
where death has been caused by concussion, and no external
marks visible, - has seen one; but it is an acknowledged
fact, that concussion destroys life, and yet there may be no
mark left./
- The following question was then put to Mr FOX by Mr
HUMPHREYS; -
"Suppose two persons going down into a mine should see
a blue mist, and both of them feel the effects of it, and one
should say to the other, 'retreat or we shall both perish';
and the other should answer, 'I am killed already', and fall
down dead, and the other live; should you attribute his
death to suffocation?"
Mr FOX - I should not suppose the case could exist.
It is not probable that the man could speak while breathing
irrespirable gas. It might be very possible, if he
did not die immediately. Concussion might be produced
from falling backwards from a table to the floor; should
think that falling from a small height in a mine would cause
concussion. Has attended to Dr REID's evidence, and the
state of the lungs as described by him, and should say they
displayed the usual appearances of suffocation; the darkened
state of the blood showed that pure air had not been breathed.
It was not uncommon for two persons to be in a mine, both
to breathe the same air, and one to recover and the other die.
Is of opinion sulphur was not used, but the burning of coal
tar and of straw would be dangerous in a confined place, and
thinks that the mine as described was in such a state as to
be highly dangerous. The appearance of coal tar would be a
dense smoke, and it would have a very unpleasant smell; the
smoke from sulphur is white - blue while it burns - a candle
held in the smoke would give an appearance of blueness where
the rays of the light fell. From the account given of BAGSHAW,
suffocation might have produced death without any other
cause, but there is not sufficient evidence to prove it. The
other reason why he thought the man might have died from
concussion, was, the appearance of the brain. When death
is produced by suffocation, the head is gorged with dark
blood. as far as the evidence of the surgeon goes, this was
not the case. If sulphur was the cause of death, the
gorging would not be so much. The evidence is quite conclusive
that sulphur was not used. From suffocation, the head and
neck are very much swelled; this had not been stated to be
the case. The most decided proof that sulphur was not
used is, that the men who came out and recovered, had not/
- the symptoms they would have had from breathing
sulphurous air. If free ventilation had been permitted, and
the top of the mine uncovered, in a very short time all
danger would have been removed. The man who fell, he
should suppose, fell either from the effects of the air, or
confusion and fright. Supposing he fell from fright, he
could not tell whether he died from concussion or suffocation:
but thinks if he died from suffocation the brain would
have been more gorged.
Re-examined by Mr CLARKE - The most decisive reason
why sulphur was not used was, that those of the men who
came out had not any of the symptoms which they would
have had if sulphur had been breathed. Is most decidedly
of opinion that had free ventilation been allowed, and
the shaft left unclosed, in a few minutes the whole of
the mine would have been cleared, and death would not have
ensued.
Mr HUMPHREYS - Supposing him to have slipped down,
witness can't say whether concussion killed the deceased, or
the fumes that he inhaled.
By the JUDGE - Supposing the Jury to be satisfied that
the deceased died from concussion, then you admit the
indictment in that case is not sustainable.
(After some discussion this was admitted)
By a Juryman - My Lord, I believe BAGSHAW was found
lying on his face.
JUDGE - I believe that was so, Gentlemen
By the Jury, to Mr FOX - Is it necessary to produce concussion,
that the individual falling should do do in any particular
position.
Mr FOX - No, violent shaking of any kind will produce
it. If I were to take a fish and throw it on the floor it would
die instantly; that would be by discussion, and you may
have instances of this kind.
The counsel for the defence were about to call witnesses
to character, but the learned counsel for the prosecution
admitted that they knew nothing against the characters of the
prisoners up to the period of the fatal occurrence, and his
Lordship then proceeded to sum up the whole of the
evidence, which he did very minutely and correctly. The
summing/
- up occupied four hours. His LORDSHIP observed that
this was an indictment for murder, and the trial of that
indictment had come on early on Saturday morning, from
whence it was adjourned to this day (Monday), when on
coming into court it was found that no sufficient evidence
had been adduced on the part of the prosecution against
George SUTTON, James GOODWIN, Charles HARRISON, the
younger, Daniel HARRISON, and Isaac GOODWIN. It did not
at all appear that these individuals were any or either of
them in the mine at the time the transaction spoken of is
supposed to have taken place; he had felt himself bound,
therefore, with respect to these individuals, to direct the
Jury to return a verdict of acquittal; it then remained to
be seen whether the remaining five were guilty of the murder
with which they were charged. The charge, as contained
in the indictment was, that the prisoners with a large
quantity of straw did make large fires, and with various other
things such as oil, sulphur, and tar of oil, did make
a certain large fire, and with a certain thing called a fan,
did blow the said fire, and thereby then and there caused
certain smokes and vapours, and deleterious particles to fill
and poison the air, whereby the said Francis TAYLOR, Isaac
BAGSHAW, and Thomas WAGER, who were following their
lawful occupations, were poisoned, suffocated and died. They
also stood charged on the coroner's inquisition, and the Jury
will have to enquire whether the prisoners were guilty or not.
It appeared that the mines in question, The Red Soil and
the Magpie Mines adjoin each other, and that there had been
disputes concerning the ownership to a certain part of the
mines. At different times, different Juries had gone into the
mines to adjudge, as to whom the gait where this occurrence
took place, properly belonged; but it would seem that it had
led to no satisfactory conclusion, for sometimes they decided
one way, and sometimes another, and it may fairly be supposed
that the masters, according to several circumstances
which had transpired, did everything to annoy each other,
and it appeared that before the time of the unfortunate accident,
now the subject of enquiry, that the Red Soil Mine
men had lighted fires. It would appear that fires and
proceedings complained of, began on Saturday, the 31st of/
- August, and continued the whole of Saturday and Sunday,
but they were not so bad as to prevent the men from going
up and down. On Monday morning, the smoke had given
way, and the men thought thy might safely venture
down, but soon after they had so done an alarm was given,
a great number of the men were brought out insensible, and
three were dead. A coroner's inquisition sat, and a verdict
of wilful murder was returned, and that question was the
subject of the present inquiry. The first point for the Jury
to consider was, whether the persons who died, and in particular
BAGSHAWE, died from what had been done in the
mine; they would also consider whether if that were so, the
prisoners had anything to do with it, and after all, whether
the deceased might not have died from concussion, and if so,
they would return a verdict of not guilty, as in that case the
indictment would not be supported as it then stood. With
respect to the charge of murder, his Lordship gave it as his
opinion that they might safely put that question from them,
and he then proceeded to show what would constitute the
crime of manslaughter, which did not require malice, but
such a carelessness of the safety of others, as to cause death,
was quite sufficient to establish the commission of that crime.
His Lordship then read the whole of the material part of
the evidence over, together with the defence, as put in by
the prisoners, observing upon each point. There was also
great difficulty in fixing crime upon any of them (as it
regarded MALTBY, he did not think there was any proof), as the
mere circumstance of their being in the mine, was no evidence
that they were cognizant of, or participated in the
proceedings that occasioned death. The Jury would take
the whole case into their consideration, and return a verdict
accordingly.
The Jury begged to retire, but came into court in ten
minutes, finding all the prisoners Not Guilty.
Mr WHITEHURST observed that there were two other
indictments against the prisoners, but after the verdict of the
Jury he should not deem himself justified in offering any
evidence upon them.
This case began at nine on Saturday morning, and lasted
till eight of the evening of that day. It commenced again/
- at eight on the Monday morning and did not finally
conclude, till half past six, the same evening.
Attorneys, for the prosecution, Mr MILNES, of Matlock;
for the defence, Messrs BRITTLEBANK, of Winster, and Mr
WAKE, of Sheffield.
--------------
J.Roberts, Printer, Chesterfield.
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