The Sun. — London, England, 1858-12-24 00:00:00

COMBINATIONS AMONG PRINTERS. HARRISON V. PEARCE.—LIBEL. This was an action for libel, before Mr. Baron Martin and a common jury, to which the defendant pleaded not guilty, and a justification. • The case is of considerable importance to the printing trade generally , as exemplifying a system which has long been protested againstby employers, while it has been stoutly upheld by the "Union"— a rather powerful combination of the employed. Mr. Edwin James and Mr. Mellish were counsel for the plaintiff ; Mr. M. Chambers and Mr. Haw kins represented the n defedant. Mr. James, in o pening the case, said the plaintiff was the proprietor of the Sheffield Tirnes and other newspapers published in that town in connection with it, and the defendant was the proprietor of a local journal, the Sheffield Daily Telegraph. The plaintiff came before them to complain of a series of libels, which not only did him pecuniary damage, but which had stirred up the feeling of the town of Sheffield against him, endangering, in paint of fact, his very personal security. Mr. Harrison, the plaintiff, had risen by his own exertions from a somewhat humble position in life, and had become the proprietor of newspapers, which he had esta blished, and which were worth £B,OOO or £lO,OOO until they were interfered with and nearly destroyed by a powerful combination. There existed in Shef field a letterpress printers' society, which was in point of fact a trade union, dictating whatever terms it pleased to the employers. Mr. Harrison having failed to comply with all the demands of this union, a series of attacks were commenced against him, but he endured them, until at last the libels were published in the Sheffield Daily Telegraph, the ob ect-of which was to crush the position which. Mr. Harrison's paper had fairly earned in the town. Mr. Harrison had employed a certain number of members of the union, which seemed to dictate terms to the masters the most arbitrary that could be supposed. For instance, compositors must not work for the Times, they must not work for the Messrs. Spottiswoode, the Queen's printers ; they must not work for the Morning Post, nor must they work for the Morning orEvening Star. Not only did they lay down these terms, but they threatened any . person who departed from them with personal violence. It became impossible for Mr. Harrison, subjected as he was to this perse cution, to carry on his publications. One of his papers, the cheaper edition, was taken in at all the factories, and there these placards were circulated, so that the property fell away fast. There was a series of libels, which charged Mr. Harrison with improper conduct of his business, and held him up to public contempt. Mr. Pearce, the defendant, seemed to have lent his columns to the union with the view of crushing a rival journal. He now carne forward and justified his conduct. He said the libel was true. It would be read to the jury, and they would be the judges of its character, and the effect such a publication was likely to produce ; and then, measuring the result of those effects, they would say to what damages the plaintiff was en titled. Mr. Samuel Harrison examined—l am the plain tiff in this action. lam proprietor of the Sheffield Times, which is published weekly, and also daily, and of the Sheffield Daily News and Evening Ad vertiser. The defendant is the proprietor of the Sheffield Daily Telegraph. I had a partner till lately. I purchased the Sheffield Times, which was then a weekly paper. I commenced it as a daily paper on the 29th of June last. I commenced the evening paper two years ago. Up to the 4th Oct. they were profitable papers to me. There is a society in Sheffield called the Society of Letterpress Printers. I believe its title is the " Provincial Typographical Association." Its executive is at Sheffield, but it extends all over the country. Mr. M. Chambers said he appeared for the pro prietor of a newspaper which had published an ad vertisement, and he did not see how this evidence could affect his client. Mr. Baron Martin—l do not myself see that it is evidence. Let the libel be read. • The alleged libel was then read as follows : TILE PRESS TRAMPLING ON THE RIGHTS OF LABOUR. To the Public of Sheffield and the Neighbourhood. A dispute having taken place with Mr. Harrison, pro prietor of the Sheffield Times newspaper, which involves the sacrifice of the whole of the journeymen printers in his em ploy-16 in number—the committee of the Letterpress Printers Society of Sheffield deem it incumbent on them to lay the following statement before you, well knowing that they need only do so to insure your sympathy and moral bilPrrt for, thanks to our local and general orga nisation, we o not ask you for pecuniary aid on behalf of the hands sacrificed, that being guaranteed from funds subscribed for the purpose of enabling our members to resist the aggress sions and attempted innovations on our rights and privileges as working men by any unscrupulous employers, who, like the proprietor of the Sheffield Times, think they have a per fect right to dictate to those in their employ any and what ever terms their caprice or selfishness may suggest. We purpose, therefore, in this statement strictly to con fine ourselves to the facts of the case, and then confidently leave the issue in your hands, feeling convinced that our cause is a just one, and one, moreover, as the sequel will show, that has been forced uponus, unless we were prepared to submit to a considerable s eduction of wages. and comply with Mr. Harrison's very modest request and cease to re main members of our Trades Union, thereby placing our selves the more entirely at his will, and enabling hum to use us at his pleasure. About three months ago Mr. Harrison commenced pub lishing a morning penny daily paper, in addition to a half penny Evening News and Weekly Times, the latter of which he has been proprietor of for several years, always employ ing society men, though it may possibly have been more from the force of 'circumstances than choice • for he has frequently tried various schemes to take advantage of those in his employ by evading the• rules and regulations of the society ; and on more than one occasion a strike has ap peared almost inevitable, and would doubtless have taken place but for the timely and conciliatory measures adopted by the society—its officers and members generally having a great aversion to strikes, believing them to be injurious at the best, and only resorting to them under extreme circum stances, and when to do otherwise would be more prejudi cial to their interests and derogatory to them as men. For a short time after the commencement of the penny Daily Times matters went on much as usual, Mr. Harrison con tinuing to pay the same rate of remuneration for the work done thereon as he had for the halfpenny Evening News, but not without often demurring to the same, and especi ally to the payment of the wages of several of those hands who were expected by him or his overseer to be at work an extraordinary number of hours both night and day, and who consequently made large wages. But as it was nothing unusual for Mr. Harrison to complain, the- men employed did not take much notice of his threats to make his place unfair —or, in other words, an " outlaw" office. treiThe disappointment originated respecting the payment of the extra charge for daily paper work, it will, perhaps , be advisable hereto state some of the reasons why the extra amount is charged, and also a few particulars as to the practice in other towns. The public will not fail to per ceive that the duties of a morning paperhand are extremely harassing in their effects on the system. At all seasons of the year a large portion of the work is done by gaslight ; and in the winter season nearly the whole of the composi tion is so done ; and however excellent the constitution of a compositor may be, and hbwever prudent and determined in his endeavours to keep up to the requirements of his work, a very limited number of years' service on this de scription of work will, if the general health can be pre served, materially damage his sight, and compel him to give place in the prime of life to a younger man, and to seek such employment as he can procure, the prospect of • which, from his past sedentary occupation, is anything but. cheering. On these grounds the morning paper hand, whether in London, in Dublin, or Glasgow, has ever been paid at a much higher rate than the weekly paper or the jobbing hand ; and since the introduction of dailies into the English provinces, the same difference has been obtained. In Manchester and in Glasgow the daily hand receives an allowance of 10s. per week ; and in other towns somewhat smaller sums are paid. When dailies were introduced into • Sheffield the extra price was fixed at 55., with an additional 3d. per hour for all hours worked after 10 o'clock p.m. - Five weeks ago the men in the office were made aware of the fact that one of the employers of the town had adver tised in a London newspaper for a number of non-society hands, the address being " M.G.A., Post-office, Sheffield." Various ciicumstaneesl. to the belief that this advertise ment emanated from ii r. Harrison, who was compelled thus to hide his real name under fictitious initials, lest his purpose should be unmasked to the trade throughout the country, and his machinations defeated. On the Saturday followi ng the affair came to a crisis, Mr. Harrison giving most of his men a month's notice to leave his employment, intimating that if they chased to be members of the trade society they might be re-engaged, if not they must leave, a o s ifi n ee e , w im as pl t i t n erinined to have no more society men in the thereby that he intended, if possible, to have his workgdone on his own terms. Those who did not receive notic e i mmediately gave it, with two exceptions, and these two have si nce • leave at the expiration the usual notice and will i the office being the for thereof; the only person remaining is not a member of the seociaatil of the-news department, who on the part of the han e di:e ill think that this unani mityive to the public the detestation in which the conduct of en Mr . Harrison is held by those who knew best, including tn ° except wealth, with their employer ; e s q o ua inc li oq telNjteel7 respect, i n g much intelligence, industry, and moral standing as himself, but who have not been tunate in contracting a wealthy matrOgiuet; m - e o n who have contribute d a portion of their earnings towards the maintenance of this very Mr. Samuel Harrison ' now p ro p r ietor of the Shejflekt Times, but who some 10 or 12 years ago, was glad to receive his weekly allowance as an unemployed member of the very trade society for which he now pi ofesses to have such contempt, and by his actions is endeavouring to overturn I This is the gratitude he shows for the kindness he received from many of the men he now scorns. " Oh, shame ! where is thy blush ?" if after this ho can meet the public gaze or expect to receive the support of the inhabitants of a town and neighbourhood like Shef field. We do not know the working classes if they do not with one voice condemn such highly disreputable conduct. But it may be said that "Mr. Harrison only demanded that his men should leave the trade society, and that, per haps, was not so unreasonable as you seem to imagine." If such be the case, we say he did more. What was his reply to applicants for situations? The following letter, in his own handwriting, will show : " Sheffield _Daily Times, Sept. 6, 1858. " Sir,—Hours ten per day, say 10 to 2, 3 to 6, and 9 to 12. Wages, 285., or 30s. for good hands. State age, and send testimonials as to sobriety and quickness as compositor. — Yours, &c., " S. HARRISON." Thus it will be manifest that his object was first to get the men to be foolish enough to leave their trade society, and then he would most magnanimously have offered them from 3s. to ss. per week less than the established wages of the town for daily work. This, it should be stated, is for " datal," or what we term " stab" hands ; nearly the whole of the work in Sheffield (both daily and weekly) being, however, done on piece, and the wages of course vary ac cording to the ability and attentiveness of th workman. Had Mr. Harrison proposed to place his hand; on time at the recognised wages, we could not have complaine d ; but instead of this he offers an amount equal to ~ reduction of about 10s. per week, including the extra charge for hours worked after 10 in the evening. And beca the men will not submit to this, and leavetheirunion, th 'y are discharged. ' This, and this only, is the reason why they are sacrificed, whatever Mr. Harrison may say to the contrary, and however he may attempt to justify his conduct, as he doubt less will, through the medium of his widely-circulated and extensively-read newspapers—the Daily Times, Daily News, and. the original Weekly Times. The public know the many changes and transformations these influential journals have undergone since the present proprietor has had them ; but they do not know the actual position they are in as to circulation, and the various schemes that are resorted to in order to cheat them of news, by filling up space with what are termed "dummy" advertisements, i.e., advertisements that are never either ordered or paid for. But we are in possession of these and many other facts as to his present position and fut ure prospects, which would astonish the public, should we be compelled to give them publicity. For the present, however, we will refrain from doing so. There is the less excuse for Mr. Harrison's con duct, seeing that all the other papers in the town arepaying aroper price to their journeymen. The dail y p a p er that he hoped to fix/ill and ultimately crush—the Tel'egraph— having been conducted in the most fair and hr mourable manner ever since it was established, forming a striking and pleasing contrast to its fee ble and all but defuncii; contem porary. The proprietor, too, of the Independent also paid this extra charge, not only for his " Morning's Nerws," but for the mere temporary daily published during the last borough election. By the means referred to, we regret to say that Mr. Harrison (favoured by a temporary depression in. the busi ness) has found a sufficient number of men base enough to accept the situations of the discharged hands—all, with one isolated exception, of an unimportant and worthless cha racter—from a distance. But it remains to be seen how long this heterogeneous importation will enjoy their lucra tive situations—some of them having engaged for 245. per week without compensation for night work. This amount, it is confidently anticipated, they cannot long enjoy, the papers being unquestionably on their " last legs," if actual circulation be any criterion, the proprietor doubtless adopt ing extreme measures as a last resort. Failing to obtain public support by upright and honourable means, he seeks to grind down his workmen to the lowest level, and thus hopes to keep his head above water. The whole of the men whosernotices expire this , day have left the office, and we earnestly entreat all our townsmen who hate tyranny, oppression, and humbug—who like to " live and let live"—and are anxiousthat every man should receive " a fair day's wage for a fair day's work"—for the future to withdraw their support—little though it may be —from the conductor of these tottering papers, to support those only that are conducted on fair and honourable prin ciples, and with something like consistency, and not coun tenance one that for the sake of expediency will advocate all sorts of politics and religion in the same week. This we askiwith the more confidence well knowing that our towns men generally are opposed to those who wish to trample on the rights and liberties of the working classes, and that they believe that " the labourer is worthy of his hire," and are desirous to see justice done between man and man. We remain, on 'behalf of the hands sacrificed, and by order of the Council of the Letterpress Printers' Society of Sheffield, GEORGE BINGHAM, President. WILLIAM DRONFIELD, Secretary. C o mmittee-room, Dove and Rainbow, Hartshe ad, Sheffield, October 2, 1858. [flinchliffe, Printer, Sheffield.] The plaintiff's examination was continued. He said—l had 10 or 17 printers in my employment. I did not give them notice. I said to about six of them, " I intend a month hence to discontinue em ploying society hands. If you like to remain let me know." The men, with the exception of two or three, sent me written notices at a month. I ob 4Lctegreat edtothobe jueentiinoon'swraessttricttiothnesiracnodn connection with the union enabled them to rule me and to be my master, instead of my ruling them and being their master. Mr. Chambers objected to the witness giving his reasons. Mr. James said his lordship would recollect that the libel was justified. The learned judge overruled the objection. Examination continued—The men were my mas ters. I could not employ a non-union man. They would not allow me to make arrangements with my men as to wages. I could not regulate the wages according to the ability of the men. They would not allow me to give each man his work ac cording, as he was adapted for it. They held a meet ing and came to a resolution that they would not distribute some type, though it would have been of advantage to them - . Mr. Baron Martin here interposed and suggested that some arrangement might be come to between the parties. The plainiiff—l have suffered £l,OOO damages. Mr. Chambers—Oh no, the libel was published on the 4th of Oct., and the action was brought the next day. Mr. Baron Martin again suggested that some amicable arrangement might be arrived at, the defendants undertaking that they would not con tinue in the course complained of. The plaintiff—lt is a question of ruin to me, lam sorry to say. I had property worth £lO,OOO, and it has been nearly destroyed. Mr. Baron Sfartin—Well, let the case proceed. Examination continued—Two of the men re mained. I saw the libel in the Daily Telegraph on Oct. the 4th. I accordingly published a placard, denying in general terms the statement in the libel and sent it to the defendant. The document which commenced with the words " Malice and envy trampling on truth and justice," and was signed by the plaintiff's solicitors, threat ened legal proceedings against any one who should circulate the libel. Advertisements published sub sequently in the Sheffield Daily Telegraph were also read. They were to the effect that the Printers' Society's officers were prepared to substantiate their charges against Mr. Harrison. Examination continued—l paid some of my men by the piece and some by the week. I never said I intended to reduce their wages if they would stay. I had no such intention. I did not object to pay extra for night work. It is not true. I had always paid extra. I had never demurred to the amount of wages, except that I told them the extra charges for working a daily paper, which were 15 per cent. for day-work and 50 for night work, were exorbitant. Still I submitted to it. The two men who remained received the same wages as before. One of them is now with me. I advertised for new hands, and received 100 offers in reply to one advertisement. I got average men—nearly as good as those I had before. The average wages I paid to the new men during the 11 weeks they have been with me have been £2 a week within a shil ling. This is more than the average wages earned by the society's men. The average wages earned by them in the previous quarter were £l7s., and the quarter before that £1 7s. The other newspaper proprietors pay lower wage~ than I do. I have not engaged any of my new men at 245. a week w ith out compensation for night-work. The very lowest wages I pay are 285., and, unless they are inferior hands, they have compensation for night work. I was originally apprenticed to the printing and book selling business in Sheffield. About the close of my apprenticeship I was under the necessity of becom ing a member of the society, but only for a short time, as I became a reporter. After I served my apprenticeship I was out of employment for five or six weeks, and received 6s. a week from the society as I was entitled to do. I purchased a bookselling business for £1,200. It is not true that I was started in life by my marriage. I got money with my wife, but my marriage in no degree altered my position in life. I never inserted " dummy advertisements." I take " dummy advertisements" to mean fictitious advertisements. I have occasionally, for convenience sake, inserted advertisements oftener than ordered. I never cheated the public out of news. I always gave the news first. Iconsider that, in consequence of this libel, I have sustained a very great loss. The falling off in the circulation of the Sheffield Times was 400 a week. My morning paper has been nearly destroyed, and the falling of in the half penny evening paper is 1,000. The advertisements have fallen off £8 or £lO a week. The circulation of the She f field Times was 2,500 a week. Cross-examined—l have brought four actions in this matter. I have suffered more than a money loss-4 have suffered loss in character, and been exposed to the detestation of the whole town. In 1853 I printed a bill-head which stated that the circulation was between 4,000 and 5,000 a week. It was sometimes as much as that. In that I fol lowed the example of my predecessor. I might have done five years ago things which I would not do now, though it was not wrong. Every one does the same. (Laughter.) I have published the stamp returns. I have circulated of the Sheffield Daily News as 'muck as from 20,000 to 30,000 a week ; that was in the early part of the present year. I do not believe the circulation had fallen down to 10,000 before March last. The highest circulation ever attained by that paper was 9,900 in one day. Mr. Chambers—Oh, that might. have been an election time or a horrid murder. (Laughter.) What was the highest weekly circulation ? When did it reach to between 20,000 and 30,000 ? Witness—ln the week ending January 7, 1858, the circulation was 21,100. • Mr. Chambers—Oh, that is what you call between 20,000 and 30,000 ? Mr. Chambers —Did Witness —S o it is. (Laughter.) Mr. 'offer to to purchase fo ,op years and half the Daily defendant' s Telegraph,the - Witness—About tw o newspaper , ago I o r ff i t) d him that and other sums. Ile refused my offer e .. e never s aid that if he did not sell me the paper I would run him down. Ido not believe the defendant ever remonstrated with me about publishing articles against his newspaper. He published far worse against me. (Laughter.) I have brought another action against Mr. Ilinehcliffe, the proprietor of the Argus. I did not threaten that if he did not give up the Argus I would reduce the price of my paper to 2d., and he would be compelled to do so. I said nothing unfriendly to him. I have been employing THE SOT, - LONDON, FRIDAY EVENING; - DECEMBER 24, 1858 society men for 10 years, but I was determieed to get rid of them and employ " rats." Mr. Chambers —Rats! What are they ? Witness—Non -society men are called "rats." (Great laughter.) Mr. Chambers—And you set a trap to eatchthem. (Renewed laughter.) Witness--No, I did not. Mr. Chambers—But you caught some by your trap—yoar advertisement, promising high wages. Witness—lt was not a trap. There are always more " rats" than non-rats. It is the usual practice to pay extra for night-work, and I always did pay it. When daily papers were introduced into Sheffield the pay was fixed at 5d., and 3d. per hour for every hour atter ten o'clock. That was fixed by the men themselves, and the masters paid it very unwil lingly. I paid it myself. It is not true, as stated in the libel, that I am indebted for any improvement in my position in life to my marriage. Twelve years ago, as stated in the libel, I received money from the society as an unemployed member of the trade society. I have told some of my men to insert ad vertisements of parties at a distance. They were advertisements which had been ordered, but which had expired. I will swear I never had advertise ments not ordered set up from other newspapers. I have not pursued such a practice. I have not done it occasionally in the sense you mean. I may have done so in single instances for special reasons, but I have not done so lately. I have over and over again told the compositors to give up setting news and to put in advertisements which had expired. But the libel says " dummy advertisements," and they are fictitious ones. I put advertisements in the daily paper gratuitously which are published in the weekly paper. This is only a temporary arrange ment, because the daily paper has not been estab lished long enough to get advertisements. " Dum mies" are false, fictitious, unreal, made-up adver tisements. I have known men who are no men at all, but merely clothes stuffed up, who were dum mies. (Laughter.) I wrote the heading to the bill —" Malice and Envy Trampling on Truth and Justice." In that bill I characterised the statements in the libel as malicious and false. Re-examined—None of the new men whom I have employed have complained of the rate of wages they receive. Wm. H. Whybrew—l am a journeyman printer in plaintiff's employ. I was one of the new men. I wrote to him in consequence of the advertisement in the Times. On receiving as answer I went to Sheffield, and engaged with him at 30s. a week. I agreed to work 60 hours a week for that sum. We had an arrangement as to extra and night work. Mr. M. Chambers objected to this class of evi- dente. Mr. Baron Martin considered it admissible, as the libel charged the plaintif f with endeavouring to grind down his men. Examination continued—l was to be paid 6d. an hour for extra day, and Bd. an hour for midnight work. Since I entered the employment I have averaged within a shilling or two of £2 a week. I do not work on Sundays. Cross-examined—Midnight work is after 12 o'clock. I have 30s. a week certain. I work on all three papers. lam a compositor. Ido not profess to be the best of the lot. Ido not earn the highest wages. There are 14 compositors. Ido not recollect Charles Hall. I have heard his name. Mr. Harri son pays us himself. I entered his service on the 4th of Oct. I have never belonged to the society. Before I went to Sheffield I was in an office in Lon don. I was at book or piecework. I believe the men in that branch have also rules and regulations. There are two of the 14 compositors here—the men at the highest and next highest wages. The men came from various parts. I have made as much as £2 3s. in a week with Mr. Harrison. Re-examined—l have heard no dissatisfaction ex pressed in the office. George Ridge—l am a printer and stationer at Sheffield. I am in the habit of employing journey men. I have union men in my employment. I pay 28s. a week for ordinary work, 6d. per hour for over hours, and after 10 o'clock at night, 9d. an hour. There is no union amongst the master prin ters in Sheffield. Ido not find the rules of the men an impediment or otherwise. Cross-examined—l am still in business. I printed a newspaper for 20 years. I employed union men for some time. We had a very serious strike. I then got new hands, but afterwards took back some union men. I knew Mr. Harrison's three papers. Henry Fielding—l am a journeyman - printer, and one of the plaintiff's new hands. 1 went to him on the 2d Oct. I agreed for 355. a week, and 6d. per per hour overtime. I have since averaged a little over £2 7s. a week. I have heard no complaints in the establishment. Ido not belong to the union. Cross-examined—l am still with Mr. Harrison. I have mentioned to him that I may leave. lam generally thought a good hand. I came to him from Liverpool. I worked there on the Northern Daily Times. There we worked piecework. We began at 6 o'clock in the evening, and worked till 3,4, or sin the morning. After leaving there I was working in a jobbing house. Re-examined—l am leaving Mr. Harrison in order to better myself. Thomas Algar—l am a bookseller and stationer in Sheffield. I employ printers. My men are not connected with the union. I have no scale of wages. I pay what I think the men are worth. The highest last week earned 455., the lowest 245. I used to employ union men. Cross-examined—The 455. man was a litho grapher. I employ about five men. William Hodson—l am a shoemaker in Sheffield. I am employed to sell Mr. Harrison's paper, the Sheffield Times. My sale was among the saw grinders and colliers. Since they gave up the Sheffield Times the circulation of the Sheffield Daily Telegraph has increased. They gave up the Sheffield Ti»zes after the handbills were put out. My sale fell from 35 to 24. The placards were the only cause of the falling off. I was threatened at the factories if I took Mr. Harrison's paper in to sell. Cross-examined—There was not a tarn-out of the colliers in Sheffield about the time. I speak of the weekly paper. I did not sell the daily paper. I have 4s. a week. Robert Goodehild—l sell the Weekly Sheffield Times. Before October I used to sell 80 a week. In consequence of the placards my sqle fell to under 50. Cross-examined.—The placards were stuck up in the public-houses. George Downing—l am a razor-smith by trade. I have been employed by Mr. Harrison to post pla cards. I was employed to post his answer. I have sold his papers. My sale fell off after the placards were published. Cross-examined—l used to sell 350 a week of the halfpenny paper ; the number was reduced one half. I was paid 225. a week. William Ashwood—l am a newsan'ent in Sheffield. After the placards my sale of Mr. Harrison's papers fell to one-half. I used to sell about 100 to 112 of them weekly. I now sell only 42 copies. The falling off was decidedly attributable to the placards. They caused great excitement. Cross-examined—The placards were distributed and posted. The particulars of the defendant's justification, furnished by him under an order of the court, were then put in. The defendant's counsel having intimated their intention not to call any witnesSes, Mr. E. James proceeded to sum up the case of the plaintiff. He said if this had been a mere squabble between two newspaper proprietors the jury would never have been troubled with the case, but there could be no doubt that the publication was a wicked and malicious attempt on the part of the defendant, fighting behind the screen of the trade union, to destroy the property of the plaintiff by bringing to bear against him a power which exercised an influence they could scarcely under stand, and which must prove fatal to his position and prospects unless their verdiet vindicated him. The defendant stood before them utterly unjustified. He had made no apology ' • and although he might suggest he had merely published the document as an advertisement, it bore internal evidence that it must have proceeded from him. He had been con nected with the plaintiff's paper, and it was clear he must have furnished the information for the libel. Mr. Harrison had denied positively the alle gations made against him. To his credit he was not above stating he had once received relief from the society. He had do wish to interfere with the rights of labour—he only sought to protect the rights of property. What had he done ? He had, in point of fact, made no reduction of wages—he had only discharged these society men, as he had a perfect right to do. Mr. M. Chambers, for the defence, said there could be no doubt that this was an attempt by the plaintiff to ruin the defendant. A great deal of ir elevant matter had been introduced which the jury must dismiss from their consideration. The ques tion of the legality or propriety of trade unions was one with which they had nothing to do. The de fendant was a newspaper proprietor, and the action was brought against him for the publication of this alleged libel as an advertisement. The plaintiff had never asked for an apology, but had at once com menced his four actions. It now appeared every allegation was proved by himself. He admitted he had inserted advertisements which had never been ordered or paid for. What were these but dummy advertisements ? Every witness stated that the mischief to the plaintiff, if any, had arisen from the placards, and not from the advertisements. He was l the u conclusionsgge prepared tocontend the evidence for the plaintiff showed every allegation made substantially true. s t,i on h s a d o nothing fwteewh rai e readerr s t oodfo themi with gh thehandbill, dr adraw o ffrom deductions owmitith Defendantsathr as to Mr. Harrison's conduct. As far as he was concerned the plaintiff had admitted all that was stated. A good deal hadbeen said as to the tyranny of the trades unions, but the masters called by plaintiff proved that in Sheffield at least this union was no tyranny, no impediment. This man had brought workmen from every quarter, and yet there had been no interference with them. The conduct of the Sheffield society was a pattern and example to all such bodies. The learned counsel then went in detail through the alleged libel, and contended that every fact stated in it was clearly proved. As to the reflections and conclusions of the writers, that was a matter with which the defendant had nothing to do. If the plaintiff was annoyed at having his paper spoken of as a feeble and al most defunct journal, why did he not retaliate on the defendant ? What was such a statement but a mere incident of paper warfare. The plain tiff himself had next day published a placard which was clearly libellous, and vet he had ventured to bring four actions without so much as asking for an apology. In any event the evi dence all showed that the damage to the plaintiff arose from the posting of the placards, and not from the publication of the advertisement, for which alone the defendant was responsible. Mr. Baron Martin, in summing up, expressed his regret that some arrangement had not been made between the parties. The defendant had pleaded "not guilty" and a justification. The first question for the jury was whether this was a libel or not ; that was a question for them ; but it was his duty to tell them what a libel was ; it was defined to be a publication calculated to injure the reputation of another by exposing him to hatred. What could more tend to expose to hatred a man who had risen from the ranks himself than to say that he was en deavouring to grind down other workmen, that he was trampling on the .rights and privileges of the working classes, and seeking to avoid doing justice between man and man ? In his opinion there was no doubt his paper was a libel in point of law. The second question for the jury arose on the plea of justification : in a civil proceeding for libel the de fendant was allowed to plead that his statement was true. If they believed this plea was made out, they ought to find for the defendant ; but if it was not, then their verdict should be for the plaintiff. The gist of the libel was that the plaintiff had un reasonably reduced his wages. As to his dismissing the men, there could be no doubt trade unions were lawful, but they had no right to dictate to their masters as to other workmen. (His lordship hav ing then read the portions of the document com plained of, and gone through the evidence, con tinued.) If thejury were satisfied that the publi cation was a libel, and that the justification was not made out, the next question for them was as to the amount of damages. As to this they should exercise their own discretion. The defendant said he was not the only person who had published this libel, and contended that the damage to the plain tiff, if any, arose from the acts of the other parties. The jury should exercise their Oiviejudgment and common sense. He would recommend them not to allow themselves by any suggestion to be led into an attempt to perform the impossible task of distributing the damages among the several parties. The plaintiff could not unite all the wrong-doers in one action, and if he was to be met in that way he might lose his damages altogether. If a man did an unlawful act he was responsible for it, and had no right to complain if a jury gave damages against him. The jury, after a few moments' consideration, re turned a verdict for the gaintiff—damages, £5OO. Mr. M. Chambers asked his lordship to stay exe cution on the ground of misdirection. He contended the jury should have been told the witnesses proved that all the damage to the plaintiff arose from the posting of the placards. He also made the applica tion on the ground that the damages were excessive. Mr. Baron Martin refused the application on the first ground ; as to the second, he was not satisfied with the amount ; but, if the plaintiff consented, he would not refuse to stay execution, it being dis tinctly understood that he had expressed no dis satisfaction with the finding. Mr. Mellish, for the plaintiff, consented. Execution stayed. nARRISON V. HINCHCLIFFE. This was another action arising out of the same transaction, brought by the same plaintiff against the printer of the handbills. When the case was called on there was some difficulty in getting a fresh jury, and his lordship suggested that it should be made a remanet. After some discussion, the suggestion was adopted. Mr. Baron Martin expressed a hope that the par ties would now make peace, and put a stop to the posting of these placards. MIDDLESEX SESSIONS.—Dec. 23. Mr. Thomas William Capron surrendered to take his trial upon an indictment charging him with assaulting Mr. Mowbray Morris. The indictment contained three counts varying the form of the charge. Mr. Sergeant Ballantine and Mr. Giffard were counsel for the prosecution ; Mr. 'Montagu Cham bers, Q.C. and Mr. Metcalfe were for the defence. Mr. Ballantine, in opening the case, said the pro secution was instituted against the defendant for assaulting and inflicting upon the prosecutor griev ous bodily harm ; and it would be his duty to lay before them the circumstances by which the investi gation was surrounded. James Ellis, examined by Mr. Giffard—l am a police-constable 255 B. On the night of November 5, I was on duty near Buckingham-gate. At half past 10 o'clock two cabs drove up to No. 13, James street. I saw a gentleman get out of the first cab, and Mr. Capron got out instantly from the second cab. I saw the defendant make a rush on to Mr. Morris, the gentleman who got out of the first cab. He struck him over the head and shoulders with a light walking stick. Mr. Morris was taking a picture out of the cab at the time. I ran up and got between them and laid hold of Mr. Capron to prevent any furthur assault. Mr. Morris said, " Take him away—he is mad—he is drunk." Mr. Morris then said he would not give him into cus tody. Then Mr. Capron got into his cab, and the complainant came up and asked me to take Mr. Capron's name and address. Mr. Capron then tried to strike Mr. Morris again. Mr. Morris then said he would give Mr. Capron into custody, and I took him to the stat ion-house- At the station - house he lsiaoipt h a ve given him a thrashing before, and I I have given him a black eye to go to church with in the morning." Mr. Capron was detained for an hour, and as Mr. Morris did not come, he was let go. Mr. Morris came ten minutes after wards. Mr. Mowbray Morris was then called into the box. the assault was taken as proved, and he .. was not examined in chief. Cross-examined by Mr. Chambers—l am the pro secutor. lat first refused to give Mr. Capron into custody, but he was afterwards taken into custody by the policeman. I then went to see the brother of the lady to who m I was to be married on the following day. lam a barrister, and practised at Jamaica. I knew Mr. - Capron some years now ago, as astudent for certain, but I believe about th at time—our ac quaintancein wtahe Temple. In 1853—1 don't know for and he invited me to his house, and introduced me to Mrs. Capron. He wen t out hunting with me. The Assistant-Judge—This is not objected to; but Mr. Chambers, may I ask what relevancy this has to the case of assault ? After some discussion as to withdrawing the two first counts of the indictment, the examination pro ceeded. Witness—l invited him to hunt with me. I be lieve I did not say that was to cement our union. It was arranged that Mrs. Morris and Mrs. Capron should exchange visits. In the year following the renewal of our acquaintance we dined together perhaps half a dozen times, irrespective of his visits to rrie in the country. I sent them opera tickets , and also for the French and German plays, and occasionally perhaps down to June in that year I sent Mrs. Capron bouquets of a morning. Sergeant Ballantine did not at all object to these matters of five years ago being fully gone into, but he thought it right to say that he should, have to produce documents a n d a llude to circumstances. of a truly painful nature. After some discussion, the learned sergeant said he would not object; let it go on, and the result would show whose feelings he was most anxious to spare. Witness—l may have sent bouquets when Mr. Capron: was out, but if so I did not know whether Mr Capron was from home or not. When I visited I did not know whether Mr. Capron was out or npt.' I did not in June, 1853, stay alone with Mrs. Capron in the drawing-room two, three, or four hours at a time, but in the summer of that year, I do nrbt know the time, I frequently visited Mrs. CaprOn, and saw her alone. I wish to speak accu rately, and to give every information required, but I cannot speak with exactness of events which oc curred five years ago. I was in general shown up stairs, and might have remained two hours at one time. I did not to the best of my recollection ever send any letters to Mrs. Capron under cover to Bass. Ido not remember anything of the kind. Mr. Capron's house was in South-street, Grosvenor-- square. In July I met Mrs. Capron in the Park. She did not ride down to the boat-house in my car riage. We wclit down to the boat-house, and rowed on the Serpentine. I went to the Star and Garter, Richmond, once with Mrs. Capron. I can not say that I returned at 10 at night. I took Mrs. Capron to the Beulah Spa Hotel, but do not recol lect it was on the day I met her in the Park. I took her to Thames Ditton, and we gined at an inn on the side of the water. I also took her to the Trafalgar, at Greenwich. We might have returned about 10 at night, not so late as 12. Mr. Capron was out of town on the Ist of August. I cannot say whether I went out with Mrs. Capron that night. I don't recollect whether on the 2d of Au gust I took Mrs. Capron to the theatre, but I admit that I did take her to the theatre. I don't know that Mr. Capron was out of town. Ido not recol lect dining with Mr. and Mrs. Capron on any par ticular occasion just prior to the naval review. I had not made arrangements to go to that review, more probably the reverse. I recollect Mr. Capron going out, as was understood, yachting, and as matter of history I know it was about that time. I recollect his leaving town to go yachting. I never took her out and remained out till 12 o'clock. I recollect nothing of the sort. I knew that Mr. Capron came from yachting, and I think I did not see him after he retnrned. I frequently saw Mrs. Capron. I was in the habit of going out of town. Bass, the maid, brought me a note to the Oxford and Cambridge Club from Mrs. Capron. I took her to my lodgings in Pall-mall, and wrote an answer. The Assistant-Judge asked if this was evidence. Sergeant Ballantine—l have the most complete answer to it, and desire it may be most fully gone into. Court—Do you pursue that course of exami nation, then ? Sergeant Ballantine—lf Mr. Capron had any complaint to make against Mr. Morris, why did he not take the proper legal course ? We want pro tection from violence. The Assistant-Judge understood the object of the inquiry was with reference to the assault. Had it been committed ? Sergeant Ballantine—Mr. Morris has come here to meet these matters, and it is now obligatory to go on with it. I said at the outset I was fully prepared to meet these imputations, however pain ful the duty, but those who have brought them for ward must hear the answer. I hope the examina- tion may go on. Witness—l am so desirous of perfect accuracy . that I will not speak of anything that I do not re collect well. I recollect giving Bass (Mrs. Capron's maid) a letter—l believe for her mistress. I don't recollect when Mrs. Capron went to Richmond. I don't know that it was on the same day that I went to Richmond. She came once to my lodgings, but did not stay. I saw Mrs. Capron at Richmond and walked with her to the railway station. I did not return that night in a cab with Mr. Bowlby. The next day Mrs. Capron left Richmond, and went to live at the Queen's Hotel, Bayswater. I visited there once or twice, and made her a present of a writing-case. Do not recollect a work-box as well. I took Mrs. Capron to tho Star and Garter, with Mr. Bowlby, who was acting as her solicitor in a suit of divorce which she had then commenced against her husband for cruelty. We dined there and Mrs. Capron's brother came in before dinner was over. I sent for the landlord and asked him how it was that a person had intruded into a private room. Mrs. Capron mentioned the brother's name when she saw him. An action was brought against Capron for his wife's expenses at the Queen's Hotel, but it was put off and the expenses paid. Mrs. Capron returned to her husband on the Bth of November. I saw her at Eastbourne; that was before she re turned to her husband. The next I saw of defen dant was in Paris. In July, 1854, he assaulted me in the Place Vendome, and was tried by the Tri bunal of Correctional Police and fined 100 f. I was not then present through a mistake as to the time I could be absent from Paris attending to my duties in London, but I was present in the first instance, after the assault was committed. I em ployed an avocat. I did not know, never heard, that the newspapers had reports of the proceedings. I afterwards saw him at the Exhibition of the Royal Academy in 1856. I was accompanied by a friend and his brother. The defendant said to his (witness's) friend, " I had the honour of being in troduced to you by . Mr. Mowbray Morris. He is, I believe, your friend. It is right you should know what he is, and I tell you what he is—that he is a scoundrel and a coward. My name is Ca pron." It was to that effect. He repeated it aloud. I went to get a policeman to give him into custody, but was advised by my friends not to do so. Capron was then left to take what proceedings he thought fit to bring the matter before some judicial tribunal, if he felt aggrieved. Sergeant Ballantine—And you have at last done so, as he would not? Witness—Certainly. I have seen two pamphlets, but I did not take any proceedings against him respecting them. I do not know that Mrs. Capron is now in a lunatic asylum, but I heard so a few days since. I never saw her after she returned to her husband in November, 1853. I was married the day after the assault now in question. Re-examined—When I was assaulted by de fendant in Paris, my wife, since dead, was with me. She lived with me down to the day of her death, and she • was fully acquainted with my visits to Mrs. Capron, and knew the object. When that assault was committed I was walking by the side of Mrs. Morris—not arm in arm, we were a little apart—when defendant rushed past us from behind, and turning round upon me, struck me across the head with a stick, and the blood spurted over my wife's dress. After the insult in the Royal Academy, I took legal advice—consulted with Mr. Hawkins, the counsel—and upon his opinion I acted. I was advised that' had no legal remedy. The defendant's pamphlets were sent to my wife just before she died. Sergeant Ballantine—Now, before the jury, and by the solemn obligation of your oath, was there ever any criminality between you and Mrs. Capron Mr. Morris—Never. Sergeant Ballantine—Did you ever take her out s or-see her, or drive her about, up to June, 1853, during the time you dined with the defendant ? Mr. Morris—Most certainly not. I never was anywhere with her without her husband before that time. On one occasion we had been to Chob ham, and after we had dined Mr. Capron sug gested to his wife to go to bed, as she was tired ; but she did not, and he muttered, " You d-- -." On the following day she made a verbal communication to me, and I then learned thatthere had been two separations for cruelty and miscon duct on his part. (This was objected to, but allowed by the court.) She said she wished to be separated from him again. She made a communi cation respecting her own mother and other rela tives, and gave that as an excuse for consulting me. I told her I was not the proper person to advise her ; she ought to go to her mother. She reiterated her reasons for not seeking her advice. I told her that out of respect to my own character and her own I could not do anything in the matter unless all Other means had been tried and failed. There was nothing in whatever passed of which either Mrs. Capron or myself need be ashamed,. in the least possible degree. She consulted me as a friend. I recommended her to Laurence, Crowdy, and Bowlby, and a suit was commenced for divorce. That was when Mrs. Capron refused to live with Mr. Capron. Mr. Nelson, a proctor, was consulted, and Mrs. Capron put in her own statement of Mr. Capron's conduct to and treatment of her. It was proposed to put this statement in, but defendant's counsel objected. Mr. Chambers then proceeded to address the jury. He said it was a most extraordinary case, and he should have abandoned his duty if he had not accepted the challenge to have these matters fully investigated, and the result had been, that by the oath of Mr. Morris Mrs. Capron had been re lieved from all imputation of having broken her marriage vow, but she had been imprudent to a degree which could not be too much regretted. Nothing could be charged against the defendant but a common - assault, yet two serious counts had been put into the indictment, and he much com plained that documents which had been confiden tially placed in the hands of an attorney should have been shown, and openly produced and read in court. Mr. Morris was engaged in the matter of the separation, and the defendant, in a moment of indignation and in the excitement of his affection for his wife, and under the provocation of what had taken place, had been induced to commit what he could not but say was an assault, but surely not so serious a one as to require three counts of an in dictment to define it. It was well, perhaps, how ever painful, that this inquiry had taken place, as an explanation had been afforded which exculpated Mrs. Capron. The learned counsel then commented upon the evidence at some length, and urged that the effence was one of a very trivial nature. The jury found the defendant guilty on the third count. The Assistant-Judge and the magistrates retired. On coming into court, The Assistant-Judge, in passing sentence, observed that the prisoner had been convicted upon the third count of the indictment, on evidence which could not be questioned or contravened. Although the sentence of the court now would restrain the liberty of the defendant only for a short period, yet it ever he should be brought before that court again for a similar outrage, or for any , breach of the law amounting to an indictable misdemeanour against Mr. Morris, he would be looked upon as a person requiring—not for his own reformation merely, but as a warning to all ill-disposed persons likely to break the peace—a punishment not at all to be measured by his present sentence, but totally of a different kind. In the hope, therefore, that the defendant would abstain from any such conduct, and at once submit to the necessity of keeping the peace as long he lived in this country, the court would pass on him the lowest sentence which, in its estimate of what was due to the public, must be passed—viz., that the defendant be imprisoned for 21 days, that he be fined £5O, and enter into his own recognisance of £l,OOO, with two sureties of £250 each, to keep the peace and be of good beha viour for two years. The defendant said he had attained his object, and of course should not think of anything of the kind again. He was then taken into custody. The case lasted from ten to four o'clock. TILE LATE COLLIERY .EXPLOSION AT TYLDESLEY. The adjourned inquiry before the coroner, Mr. W. S. Rutter, into the causes of the explosion which occurred on the 11th inst., at Tyldesley, was resumed, at the George and Dragon Inn, on IVed nesday.. Mr. Joseph Dickenson, the inspector of coal mines, and Messrs. Green and Holland, the proprietors of the colliery, were present. Mr. Part, solicitor, Wigan, attended on behalf of the- pro prietors. The first witness examined was Wm. Stott, Tyldesley, who deposed—l was em ployed in the mine at tine time of the explosion, and was working in a lower level. Hugh Aspinall came to me, and asked if I had seen any gas in my place. I said " No." He said there was some in his: It was then about 11 o'clock. He wished me to examine my . place. I took hold of my lamp, looked into the 01a workings, and found gas there. His place was about one hundred yards above mine. Aspinall went away with his lamp, and the explo sion occurred in 20 minutes after. I believe that Beswick the fireman, had not been down before me. Atkinson, the other fireman, said Beswick, who had to look after the workings on the west side (where the explosion happened) had not come, and we must look out for ourselves. I don't know why Beswick was not down that morning. I heard he had been drinking the night before. I did not notice any of them appeared worse for liquor when they entered the pit on the morning of the acci dent. All used safety lamps, but lam not. aware that all of them were perfect. Moses Brook was under-fireman, but I did not see him. The bottoms of the lamps are left with a man to be cleaned and supplied with oil. We take the gauze part home to clean. The lamps are not locked. John Brooks, a boy 14 years of age, son of the deceased Moses Brooks, deposed—l worked in the mine, under my father. I was at the bottom of No. 1 jig-brow about a quarter of an hour before the explosion, and Hugh Aspinall came and asked where my father was. I said he had gone to the bottom of the engine-brow. He said ;.was to send my father to his place, and to go out with my naked light. I went to the bottom of the engine-brow, saw my father, and told him what Aspinall had said. Aspinall said I was to tell my father that the place was filling with sulphur, and I did so. He went towards Aspinall's-place. I saw Thos. Beswick at the bottom of the engine-brow that morning at six o'clock. Beswick went with my father, after I told him what Aspinall said. Aspinall had a lamp with him when he came to me. It was then about eleven o'clock. Open lights were allowed on the first level, to the No. 1 jig -brow, to the engine brow, and up the engine-brow to the pit. Bold Ratcliffe, a miner, said—l was at the top of the down brow, on the second level, and worked the coals up by a - hand-turn. I had a naked lamp, and a lad, Thomas Stott, came and called, "Bold, Bold ! there is sulphur," that was nearly a quarter of an hour before the fire. He put my light out, and then ran back. I soon after felt something pressing my ears ; I saw a light, and called outs " Oh, dear, what must Ido ?" My head and hands were much burnt. I saw Hugh Aspinall at six o'clock, and at half-past ten, but he said nothing about fire. Six years ago I was burnt from head to foot in the same pit. I have not had a gill of ale in two months. I had not seen Beswick or Brooks, the firemen, that morning. Mr. Joseph Dickenson, the Government inspector of mines for the district, stated that he had been down the pit on three separate occasions since the explosion, and had investigated the circumstances under which the explosion appeared to have taken place. The engine pit is 160 yards deep to t he coal called the Crombouk four feet. There is another pit down to the seam, called the upcast shaft. I went down by the winding pit. At the bottom of this there are two steam boilers, the fire under which, and the waste steam, are used as ven tilating power. There is a steam engine for wind ing up the engine -brow, the boiler fires being fed with fresh air. Mr. Dickenson described the workings, which generally extended about 1,000 yards, level course, east and west, and about 600 yards north and south (the dip being about 1 in 41- to the south), and embraced galleries about nine miles in length. He proceeded—At present all the workings going on are to the deep of the engine pit, the coals being drawn up the engine-brow. This begins about 40 yards from the engine pit, and goes down about 340 yards. The west levels, in which the explosion happened, extend about 640 yards, also to a fault. From this first level, at 390 yards from the engine -brow, the No. 1 jig brow goes up • it is about 220 yards long , and. at the top of it ;here are several narrow workings; the levels to the west extending about 270 yards from the top of the jig, which is the extreme point of the workings, the distance from the engine shaft being about 1,190 yards. The thirteen persons spoke n of by William Gregory as being suffocated, with the three safety-lamps burning, beside them, were all found near the top of the jig -brow, and were evidently making their way out. The flame of the explosion does not appear to have extended up this jig-brow. At about 130 yards beyond the bottom of No. 1 jig-brow, the No. 2 jig-brow goes up. It is about 160 yards long, and the levels ex tend westward rather more than 165 yards from the top of the brow. It was in the far ends of two of these workings that four persons spoken of were found suffocated, another being found at the top of the brow, also suffocated. I cannot find any trace of flame in these far ends, nor yet on the No. 2 jig-brow ; but from the fact of Foulds being found on the brow, it seems likely that the flame extended up the brow, if not into the levels at the top. The afterdamp would be at once upon these men, and they would be suffocated, as they were found, almost before they could leave their places. There is another brow going down from the first to the second level, called the balance jig . -brow. At two places to the west of this balance jig-brow, Hugh Aspinall and Thomas Stott, also Richard Brad shaw, were killed. They were working t he p illars back, leaving a goaf, which we may call Aspinall's goaf, also to the deep of the second level to the down-brow. Bold Radcliffe worked to a hand-turn at the top of it. George Kay, Richard Aspden, William Stott, Joshua Hodgkinson, and Richard Gee worked, at the down-brow, at a goaf which we may call Kay's goaf. At the east side of this down brow another small goaf has been similarly formed. These three goaves are all ventilated by the intake air of the west split, the east workings being ventilated by a separate split ; the air having to pass through them before it enters any of the places where straight work is going on, so that any gas coming through these goaves has to pass through all the other working places, which is a very bad arrangement, and it is at Thomas Stott and Hugh Aspinall's places, and above them, in the far end of the first level, and the rank end above, from which the explosion seems to have. emanated, there being traces of fire visible there. Upon my. visit -on Monday, the 13th, the fire-damp was then coming out so strong at these points, that I could not get to the far end. On the 16th I got to the far end, but the air was at the explosive point. According to the witnesses exa mined, Aspinall found the sulphur increasing, and had sent for Moses Brooks, and Thos. Beswick, the fireman, and no doubt those persons were going to attend to the gas, Brooks being found horribly mutilated at the bottom of No. 2 jig-brow, and Beswick asid Aspinall, about 100 yards off, near the bottom of No. 1 jig-brow. I think, therefore, it may be taken that a larger quantity of gas than usual was coming off from some of these workings. In my opinion it came from one of the three goaves I have alluded ' to—apparently. Aspinall's goaf. I cannot, as yet, offer any opinion as to where the gas was lighted, but it does not appear to have been at any of the points where open lights were allowed. It must, therefore have either been lighted at an open safety lamp, or through a de fective one. As to t he ventilation, I have mea sured the air, and find there is rather less than 6,000 cubic feet per minute passing for the whole of the working —both the east and the west side ; it should be about 25,000 feet. At the time of the explosion there would not be more than 6,000 cubic feet of air passing from the whole of the workings, and there would be considerable escapes. There ought to be an adequate amount of ventilation con stantly to dilute and render harmless noxious gases to such an extent that the levels would be in a fit state for working, as required by the first general rule of the Coal Mines inspection Act, and which is required to be observed by the owners and prin cipal.agent, and is not in this case deputed to any other person. Those who understood fire-damp, and worked in the far ends of Nos. 1 and 2 jig -brews must, in my opinion, have been aware that such was the case; and it is to be regretted that they did not give me any intimation of what was going on. Mr. Dickenson resumed—The responsibility of carrying out the general rule rests with the owners and their agent. There was no viewer here com bining practical and scientific knowledge. By Mr. Part—The proprietors of this pit have attended to any directions I gave them. Richard Gee—l was employed in this mine, and was in the far end at the time of the explosion. Joshua Hodgkinson was with me. We had each a lamp, and they were in good order. We did not take the tops off. I saw Bold Radcliffe, whose lamp was out. He said the tops must be kept on the lamps. In ten minutes after the explosion took place. The air was good where I worked, on the second level. I have not noticed any danger since I have been in the mine. I had not heard any one say that the gas was accumulating. I did not see Thomas Beswiek, the fireman, examine my place on the morn.ing of the explosion. George Ka v deposed—l worked on the lowest level, at the ta r end. James Aspden worked with me. Hugh As,ninall warned Aspden, and Aspden told me to mind my lamp, for they had found some sulphur. Several other etllliers were examined—Richard Aspden, Joshua 11odgkinson, Moses Yates, and William Kay, who s.`ated generally that they had not apprehended danger. Henry Baxter, widerlooker and general mana ger, deposed that he was in the office on the morn ing in questfon. He had been in the mine on the Wednesday morning before the explosion. There were no symptoms of gas then, and he considered the ventilation good. The jury, after deliberativ g about three-quarters of an hour, come to the following decision :—" We find a verdict of accidental death ; but the jury cannot allow this opportunity to pass without ex pressing their unanimous opinion that due precau tions have not been taken to ensure the lives of the workmen employed in the mine, finding that the ventilation of the pit has been generally imperfect, more especially from the area of ,tile outlet air-ways being much too small. They also. are of opinion that there has been great want of practical know ledge of the working of the mine on the part of the underlooker ; and also that the Areinen have neglected their duties." COUNTIiY 111ABKRTAF. BO ST ON—DEc. 22. Wheat in limited supply, the best dry samples being in request for milling purposes at a slight advance. Spring corn unchanged in value. Wheat, white 4os to 43s Beans Mazagan..—s to —s red 35s to 40s 1 I Middle & small 39s to 44s Barley 26s to 34s I White pas 3Bs to 48s O a t s lBs to 23s Grey... —s to —s LOUTH—DEC. 22. There has been limited supplies of wheat and barley to-day. Sales active, at about last week's prices. Wheat .. 36s to 48s 0at5..... •. „ ...22s to 25s White .45s to —s Beans ....... • ..353 to 39s Barley .30s to 33s Peas ......... ..• .—s to —s MANCHESTER—Dnc. 23. -At to-day's market a moderate business was transacted for wheat and flour of the best qualities ; inferior descrip tions were fully maintained. Flour dull, with the turn in favour of the buyer. Oats and peas uominaLly unaltered. Egyptian beans improved Is per qr. BIRMINGHAM—DEc. 23. At this day's market there was rather a fair supply of wheat, and sales were effected at the quotations of this day se'nnight—in some instance: is per qr dearer. Barley again rather cheaper. Oats unchanged in value. In beans more doing. Peas only taken in retail. ST 0 CliT ON-ON-TEE S—DEo. 22. There was a moderate supply, and generally a steady market for wheat, but the prices remained without much change. Barley dull, and oats in good demand. Wheat ....398 to 46s Oats.. ...... 20s to 26s White do 39 s to 46 s Beans , new.,. • ...40s to 42s Barley ..... 31 s to 32 s D i t to, old ....... .46s to 48s Flour, 30s to 35s Od per sack. NORT HALLERT ON—DEc. 22. There was a middling supply of grain to-clay, and a slow business at the annexed pnces :—White wheat, from 4s 6d to 5s 6d per bushel; red, 4s 6d to 5s 6d ; barley, 3s to 4s Od per do. ; oats, 2s to 4s ; beans, 4s 9d to 58 6d. EDINBURGH GRAIN—DEC. 22. Supplies not so large. Demand a little better. the same as last week. Wheat on the top Os 6d down average Os 9d down. Barley on the top Os 3d down average Os 5d down. Oats on tho top Os 6d down —average 3d. up. Beans on the top Os 6d down —averagelsOd down. Averages per Imperial quarter. Wheat.... Wheat (N) -12ths Barley 1 9 8 5-12ths Oats 1 2 0 3-12ths Beans Total Supply and Sales. Wheat .1095 qrs Sold 930 qrs Barley... 2753 qrs Sold 1687 qrs Oats .1378 qrs Sold 1168 qrs Beans 231 qrs Sold 142 qr Wheat -GLASGOW—DEc. 22. To-day's market was thinly attended; and in the trans actions which occurred the turn in value favoured the buyer. DERBY SMITHFIELD—DEC. 21. There was a good supply of fat beasts to-day, mostly of excellent quality ; the attendance of buyers was small, and greater part went away unsold. The pens were not well filled with sheep, and high prices asked. 'A good number of fat pigs, demand brisk, and prices better. Beef 6d to 62d 1 Veal 7d to —d Mutton ... 6 d to 7d Pork Lamb .. ..0d to —d Rough fat, 4s 10d per stone. Hides, 4d to 51d; calf skins, 41d to old. LOCAL SHARE MARKETS. LIVERP 0 oL—DEC. 23. The market was steady at the opening, declined in. the middle of the day, and closed firm, especially for Midlands. North British, 581 9—York and North Midland, 77 77A Eastern Counties, 12 13-16—Midland, 1021 /—Chester and Holylleads, 46 6f—Caledonians, 871 B—Lancashire) and Yorkshire, 98i —London and North-Westerns, 95 k East Lancashire, 96k 7—Dutch Rhenish, 3f 9-16 dis.— Grand Trunk of Canada, 91 3-16—Great Western, 55 6-- Leeds N or thern, 48—Dovers, 22 9-16—Berwicks, Great Western of Canada, 161 16f—Blackburns, 11 Birkenheads, 67 67k. MANCHESTER—DEC. 23. The market was rather quiet to-day but prices were firm. Dovers, 24 ffi --Sheelds, 39k 9—Ditto £ 6 Pref. , 11-16 p m. —Ditto, 31 , per Cents., account, 691—Midland, 1021 Leeds, 98/. BIRMINGIrAM—DEC. 23. The transactions in rails to-day were dull, but in local, stocks a fair amount of business was done, as follows :--- Great Westerns Birmingham Pref., 104—Birminghars Canals, 954 --Birmingham and Staffordshire Gas Co.'s shares, 51±. [ADVERTISEMENT.I—Rarey ' s Horse and Cattle Impro s " ing Food is equally adapted to improve the stamina of ill conditioned Horses, Cows, Bullocks, Calves, Sheep, and Figs. It causes no extra expense, as it contains far more and better nourishment than its cost of Id. per feed sur plies in corer and hay ; hence ensures an actual saving in the keep. But its principal advantages are a great provement in the digestive functions, the stamina and general condition of 'horses enabling them to perfo rm far morelabour without getting distressed. It imparts ne s° vigour to sick, debilitated, or old apparently worn-out horses, and it puts rapidly the finest flesh on cattle gene rally, and improves the milk in cows, as it enables them to extract the entire nourishment out of everything they fee d on. Rarey and Co., 77, Regent's Quadrant, Piccadilly, London. ' Packed in tins of about 99 feeds, lls. in casks of about 450 feeds, 50s. ; of about 1,000 feeds, £5, being 1,4 d. per feed. [AnvnicriscuENT.lHolloway's Pills.—Typhoid Fever. —This fearful malady rages round the Royal residence st Windsor, and dares to assail "time-honoured Eton." Fon' each, respectively, the Court and our juvenile aristocracy have departed. In flight there is safety, when malaria is the enemy, and wise the counsel that urged the forsaking an infected spot. In their absence science and senator/ savants must endeavour to remove the cause of so perilous a complaint, which weekly endangers the lives of thousand ° of our lower and middle classes, who have testified, in tn.°, s trongest terms, to the prophylactic and c urative powers °I Holloway's Febrifuge Pills, 'which recruit the feeble and exhausted frame, cool the pungent heat of the sk in, an throw off the fever-breeding poison. BIRTHS. ASKWITH.—On the 22d inst., at Waltham Abbey, Seli the wife of Colonel W. H. Askw i t h, Ro y al Artillery a son. BURTON.—On the 23d inst., at 8, St. George's-W a rs: Belgrave-road, the wife of S. Warren Burton, Esq., °' - son. ell CHATER.—On the 23d inst., at 8, Montague-place, R ll / 3°- square, Mrs. Henry Chater, of a son. NEED.—On the 22d inst., at Mansfield Woodhouse, tll,l wife of Walter Need, Esq., Commander Royal NOT) a daughter. MARRIAGES. DOULTON—RITCHIE.—On the 16th Sept., at St. Andre 101 Church, Brighton, Victoria, Mr. Josiah Doulton9,l3 Melbourne, fifth son of John Doulton , Esq. , of Lbf3i'of alu to Emmeline, eldest daughter of W. Y. Ritchie, Brighton, Victoria. RILEY—ROBERTS.—On the 10th Nov., at Simla, Joh Riley, Esq., Captain 88 th Connaught Rangers, ,s' -- to son of W. F. Riley,. Esq.,' 'Forest-hill, Windsor'rsa Isabel, daughter of the late Major Roberts, Bengal 11° Artillery. DEATHS. adt Box.—On the 20th inst., at his residence, Malvern-r°,so Dalston, Mr. John Box, late of the East India 11°- aged 62.' 5 . 6 111 BURN.—On the 1 8 th inst., at Epsom, Mrs. Ro bert q/ BROOKS.—On the 22d inst., john Thomas Brook of Flitwick Manor House, in the county of 13e“'" aged 65. bel l° KERB.- - On the 19th inst., atWinehestor, the Lady' -$ll Kerr, sister of the late Marquis of Lothian. r i s e' MACLARAN.—On the 21st inst., Mr. Thomas Georg-0 laran, of 5, Cursitor-street, Chancery-lane, aged 6. "; aef SINGER.—On the 20th inst., suddenly, at his resiu.ce-g., 2, Manor-place, Wandsworth-road, of Mickleham, Surrey, aged 75. S . W. Singe r, WINDLE.On the 22d inst. at St. Martin's-lane , " street, Mr. Samuel Windl'e, aged 77. -----,---- .--- 7 - -- °VS ° LONDON : Printed and Published by MURDO 'V- 111 , , of No. 112, Strand, Printer, at The Sun Office, 14°. o r 0 Strand, in the Precinct of the Savoy, in the Na ll ' Middlesex, Friday, Docerabor 24, 1868. 1 In I Sur tors ord, nun and tin Too, on but the the AN Wei bes ter! etv