The Express.
London, England, 1846-09-10 00:00:00

lab) Intelltatnce.

JUDGES' CHAMBERS—YESTIRDAT.
EAhre the Lard Chief Amen ani Mr. uglaii Erie.
THE QUEEN O. THOMAS AND OTHERS.—THE COLLIERS'
STRIKE.—MISAPPLICATION OP THE LAW BY MAGISTRATES.
—ln the month of March 'sat, the defendant and several
ethers, namely, John Mortice, Thomas Davis, David Evans,
David Williams, Richard Lloyd, and W. James, entered into
a written a,greement with a Mr. John Edmunds the proprietor
of Pontyridd Colliery, to serve the said John Edmunds for a
period of two years, to work and carry on the work as
miners : namely, to cut and fill, all clean and large picked
coal, by hand, into the tram in every stall, heading, or wind-
way, at one shilling and eightpence for every 2352 lbs. of
such coal, fairly weighed upon the present machine at the
colliery, and the same quantity of brush coal at one shilling,
free of all charge and cost to the said John Edmunds, with
the exception of .ss. for coining each stall when necessary,
and all windways at ls. 6d. per yard; the said John
Edmunds to use every exertion to give full employ-
ment to each collier. and take away his tram s, while all
overweight was to be forfeited, and nothing to be
paid to the various parties concerned; but if any
dirt, stone, or fort ign matter be found in the trains, thesame
to be cropped and deducted from the quantity estimated as
coal. The workmen to have a draw in cash every fortnight,
and a clear settlement of account every current month, and
be then paid in the current coin of the realm. The scale of
prices per ton to the workmen to be advanced or lowered
according to the following scale, that is to say, when the
price of coal at Cardiff shall be advanced to 9s. per ton, the
workmen shall be paid the sum of 2d. extra per ton ; when
the price shall fall or be lowered at Cardiff to tke sum of
7s. 6d. the workman shall be lowered in his wages the sum
of 2d. per ton. The lowest price to the workmen to be
Is. 6d. per ton, and if coal shall advance above 9s. the work-
men's wages shall also be advanced 2d. per ton for every 6d.
per ton rise at Cardiff. The contract then covenants the
usual application to the nearest bench of magistrates in the
event of any misunderstanding, and that a month's notice
shall be given to the men in the event of misconducting
themselves, but not if a general strike should take place.
On the 4th of July the several defendants absented them-
selves from the colliery without giving the monthly notice,
which appears to have originated in a strike. The con-
sequence was, the said several defendants were taken
before Colonel Smith, E. M. Williams and John Hewett,
Esquires, and committed to Cardiff gaol for the space
of three calendar months.—These proceedings created
a lively sensation throughout the whole of the col-
liery districts, and more particularly so when it was
rumoured that the warrant on which the commitment was
framed was in each case illegal. The consequence was, par-
ties interested themselves in the matter, and the result was,
Mr. Owen, the solicitor who defended Frost, Williams and
Jones on the charge of high treason, was retained for the de-
fendants. That gentleman, with Mr. Da Medina, of Argyll-
square, London, applied on the 13th of August to the Lord
Chief Baron at chambers for a writ of habeas corpus to bring
up the body of David Thomas, for the purpose of being dis-
nharged from Cardiff gaol The Lord Chief Baron, as a
matter of course, granted the writ, which was made return-
able on the 21st of August, on which day the defendant was
brought up in the custody of Mr. Woods, the governor of
Cardiff gaol, and who handed in the warrant on which he
held the body of the said defendant in custody.
Mr. Medina contended, that upon the face of the warrant
the commitment was illeAal, inasmuch as it did not appear
that the prisoner was convicted of any offence, the warrant
merely alleging that the prisoner was charged with an offence.
There was another objection to the warrant. It did not ap-
pmr on the face of it that the prisoner was a servant em-
ployed in any of the capacities mentioned in the statute of
4 Geo. IV., cap. 34, that being the statute under which the
conviction took place.
The Lord Chief Baron saying that as he entertained some
doubts on the point, he would consult with the Clerk of the
Ctown Office. Mr. Comer was accordingly sent for, who de-
clared that the objection was fatal, on which his lordship
directed the prisoner to be discharged.
Mr. Medina said, that he now had to apply to
his lordship for six other writs of habeas corpus, there
being as many other persons confined in Cardiff Gaol
upon similar warrants. The Lord Chief Baron thought it
would be unnecessary to issue writs when summonses
would hare the desired effect, as they in all probability
would satisfy the magistrates that they had committed
wrongfully.
The summonses were accordingly issued, when the fol-
lowing extraordinary proceedings took place. A delay oc-
curred in the process of the summons, which was taken
advantage of by the magistrates. They, without causing the
prisoners to be brought before them, and reheering the case,
applied to a learned barrister to draw out warrants, which
was done in all the 1 phraseology ; these were sent to
roe;
the governor, sups • the first warrants, so when the
summonses were served, t e bench took no notice beyond
saying that whatever defects had previously existed, they
lead been amended by the subsequent warrants.
Upon Friday, the 28th of August, Mr. Medina applied to
Mr. Justice Erie for the writ of habeas corpus, when he
informed his lordship of the course which the Lord Chief
Baron had advised to be pursued, and of its being disre-
garded. Upon this representation, the writs were issued and
made returnable as yesterday.
The magistrates, however, were determined to avoid mak-
ing eo many returns, for, being satisfied that they had no
power to issue an amended warrant, and that the first war-
rants were illegal, they forthwith sent the discharge of the
several defendants to Cardiff goal, all of whom were accord-
ingly liberated, the gassier merely endorsing on the backs of
the respective writs that he had no such persons in his
custody. The news of the discharge of the men soon
became known, and on the day of their liberation
they were received outside the gates of Cardiff goal by
the assembled thousands, who conveyed them and their
solicitor, Mr. Owen, home in triumph, and they arrived at
their respective homes amidst the blazing of torches and
bonfires, the men looking upon the proceedings with de-
light and gratitude, being fully convinced that they are as
much protected by the law as their employers.
At the time the return was made, it was also stated that
the magistrates, to prevent all further proceedings against
them, have paid to the defendants and their solicitor, the
sum of 1201., as a compensation for the illegality of their
conduct.