Mexborough & Swinton Times – Friday 12 September 1902

Denaby & Cadeby Strike

More Miners Summoned.

317 Orders Made.

The Doncaster West Riding Police Court was crowded on Saturday principally by enemy Main miners, who had been summoned at the instance of the Denaby and Cadeby Main Colliery Company, from whom they claimed damages for neglecting their work.

Most of the defendants walked from Denahy Main to the house.

The magistrates on the Bench were Mr. G. B. C. Yarborough, who presided, and he was accompanied by Messrs J.C. Coulman and L.T. Baines.

Mr. W. M. Gichard appeared for the Denaby Main Colliery Company, whilst Mr. Underwood defended on behalf of Mr. Rowlands.

Mr. Gichard said that altogether 378 miners were summoned, and of these seven were withdrawn and some not served, which brought down the number to 318. In 317 of the cases, Mr. Underwood consented to orders being made, and the other case was purely a question of law.

Mr. Gichard said that the defence was that the man did not sign the contract book, and thereby was not bound by the rules of the company. The defendant in question, Thomas Millington, had worked as a miner on several occasions, and have known the rules and regulations of the colliery and have come under them. In reference to all the pits in the neighbourhood, it was generally accepted that they shook give 14 days’ notice on either side.

John Soar, underground manager at the Denaby Main Colliery, produced the time-book, and said that the defendant had been employed as a miner. The defendant did not give any notice to the management that he intended to terminate his contract. Ha had no permission from the company to leave work without giving notice. He stayed away from work on the 30th June to the 12th July.

Cross-examined by Mr. Underwood, witness said that the miners worked by the day; defendant had not signed the contract book.

The Chairman said it appeared as though the defendant had been working in the pit and been obtaining money from the Colliery Company for doing that work, yet he had never signed the contract book.

In answer to Mr. Baines’ (one of the magistrates), witness said that to some extent it was his fault that the defendant did not sign. He did not know of any other men working in the colliery who had not signed.

Mr. Charles Bury said he was the manager of the colliery. The miners had to give 14 days’ notice to leave their employment and they had to receive the same to terminate their engagement.

Mr. Underwood said that although the defendant had not signed the contract of service book, and knew he had not, silence did not give consent in law.

The Chairman end that it was really a question of law.

The magistrates retired, and on returning the Chairman said they thought the company had failed to establish their claim, and the case would be dismissed.

The other defendants were fined the usual £6 3s.