The Sun.
London, England, 1856-06-25 00:00:00

had been represented to him by the comrades of the man
Denton that he would appear before the magistrate with-
out the necessity of executing the warrant, and he in-
timated thus much and no more to the officer who held
the warrant ; but when he found, at 11 o'clock that
morning, Denton was not forthcoming, he sent his clerk
and several of Denton's fellow-workmen in search of him,
but they could not find him.
Mr. Giffard was satisfied with the explanation, and
proceeded to state that this was a case of great import.
ance to his clients, whose respectability, fair dealing,
and extensive operations were known all over the world.
There were special circumstances connected with this
case, to which he would call the attention of the magis-
trate. It was not the wish of Messrs. Young and Co.
that the six defendants should be committed, and even
now, if they would return to their employ, all further
proceedings would he abandoned. He was sorry there
was no response to that offer. Messrs. Young and Co.
had thought proper to make some alterations in the re-
gulations of their establishment, and their object was to
improve the moral and social condition of the men, and
not to extend the hours of labour or reduce their wages.
The interruption of the course of business in shipwrights'
yards was so frequent that Messrs. Young and Ce. pro-
posed to abridge them, and, instead of allowing the men
half an hour from 11 until half-past 11 in the morning,
and 4 until half-past 4 in the afternoon, to obtain refresh-
ments, the prosecutors proposed that the half-hour,
morning and afternoon, should be abandoned, and that
instead of leaving off work at six o'clock, they should
cease work at five o'clock. As the men spent their half-
hours, morning and afternoon, in the public-houses,
and interrupted the course of business, Messrs. Young
and Co. believed that the proposed alteration would be
advantageous to the workmen, improve their condition,
prevent drunkenness among them, and leave them no
longer a prey to the publicans and beer-shop keepers.
(Loud hisses and murmurs from the shipwrights at the
back of the court, followed this opinion of the learned
counsel.)
Mr. Sella indignantly rebuked this manifestation of
feeling, and said if it was repeated he would order the
court to-be cleared.
Mr. Giffard was not surprised that men who could in-
terfere with the freedom of labour, intimidate their
fellow-workmen, and compel them to violate their most
solemn engagements, had no regard to the sanctity of a
court of justice. He would repeat, that it was to save
the men from spending their money In public-houses,
and to improve the condition of themselves and families,
as well as to prevent the course of business being inter-
rupted, that the alteration had been made. Public opi-
nion, as expressed through the leading public journals,
was unanimously and unequivocally in favour of the plan;
it was cordially approved of by the whole body of ship-
owners, and the whole of the shipbuilders approved of it,
though they had not taken any active measures to assist
the prosecutors. Meantime the Shipwrights' Union had
pursued the most untiring and unscrupulous efforts to
defeat the prosecutors' plans, and to deter the large num-
ber of workmen willing to enter Messrs. Young's employ
from engaging in their service. The prosecutors knew
that even intimidation was exercised, but could not bring
the charge home to any particular individual. The work-
men in Messrs. Young's employ having refused to accede
to the proposed terms, and the prosecutors finding it im-
possible to procure shipwrights in London, they issued
advertisements, inviting workmen from the outports, and
sent confidential persons in their employ to engage any
who might be willing to enter service under an agree-
ment for 12 months, at a rate of wages not less than 6s.
per day, but with an option of piece work, at which they
might earn considerably more. On arriving at many of
the outports, the prosecutors' agents had found them•
selves forestalled by communications from the Ship-
wrights' Union in London ; and although great numbers
of good workmen were willing personally to engage they
were deterred by communications from the London
Union. Two men engaged at Aherystwith, after receiv-
ing money to defray the expenses of their journey to
London, were tampered with, and absconded. Six men
engaged by the prosecutors' agent at Gloucester signed
an agreement, received money for their expenses, cline
up to London, and were immedietely tampered with by
the union men, and sent back again. Twelve shipwrights
were engaged in Limerick for 12 months, signed an
agreement, and, having been provided with the neces-
sary funds by Messrs. Young's agent, arrived in London
on Sunday afternoon. They were accommodated in
lelessrs. Young's establishment, and all expressed them-
selves satisfied, and the existing state of the strike was
explained by the foreman. The 12 Limerick men pro-
mised to go to work on Monday morning • but only six
of them did so. The other six men (the defendants) had
yielded to the seductions of the union men, and had re-
fused to work in the prosecutors' yard on any terms.
The other six remained at their work quietly and con-
tentedly, and were quite satisfied. The prosecutors owed
it to themselves, to the law, and to society, to bring be-
fore the magistrate the six defendants, who, in defiance
of law and reason, had violated their agreements. Messrs.
Young and Co. did not profess to dictate to their work-
men on strike whether they should or not join the union,
and felt that their men had a perfect right to disagree
with the terms ; but Messrs. Young and Co. did feel that
the union had no right to tamper with the new hands,
or to coerce them, and prevent them fulfilling their en-
eagementa He (Mr. Giffard) was bound to say that
°Messrs. Young and Co. had a great regard for the men
who had left their employ, and greatly deplored the
nece-city of this prosecution. Messrs. Yours; and
Co., while admitting the right of the men to reject
the proposed terms and to hold out as long as they
thought proper, were determined not to submit to the
dictati nof a public-Lo see cabal. He contended that the
six d:fendants who bad been deluded by the union men
had been guilty of a fraud in abandoning the contract
they had signed after receiving money to pay their ex-
penses to London, and the question was, whether they
were not amenable under the act of Parliament the 4th
of Ge e IV., cap. 34. The defendants bad abandoned
the work and broken the contract. The word handicrafts-
men in the act inclui!ed shipwrights, and the magistrate
had jurisdiction. Before concluding, he would earnestly
suggest to the defendants, and to the people upholding
them, whether it would not be better to comp to some
arrangement. Messrs. Young had no vindictive feeling,
and did not press for punishment, but they wished both
parties to have the free exercise of their rights, and to
dispose of their labour on whatever terms they thought
proper. Messrs. Young and Co. ought not to be subjected
to the arbitrary dictation of a self-appointed, irresponsi-
ble tribunal, meeting nightly in a public-house. Messrs.
Young and Co. wished to treat their workmen as friends ;
they were not in the slightest degree actuated by any
vindictive spirit, and were willing to accept an engage-
ment from the men to return to the work they had aban-
doned.
Mr. Salle asked if there was any mode by which the
disputes between Messrs. Young and their workmen
conld be settled by arbitration ?
Mr. Pelham-would admit there 'was a good deal of
kindness and liberality displayed by the prosecutors, but
the shipwrights felt that old right and privileges had been
invaded, and he was afraid nothing would satisfy them
but a legal decision. It was very inconvenient certainly
for those disputes to arise, and although the shipwrights
generally had a great respect for the firm of Messrs.
Young and Co., they felt themselves quite entitled as
good workmen and citizens to the respect of their em-
ployers.
Mr. Selfe would rather sit as an arbitrator than a
judge-in time unpleasant matter. Ho asked if there was
not some gentleman acceptable to both parties who could
be selected to settle all matters in dispute. A convic-
tion would not settle the question.
Mr. Giffard—Messrs. Young and Co. would willingly
• fall in with the suggestion. They feel as you feel,
h.that ac eaviction would not settle the question in dispute.
Mr. G. F. Young, the head of the shipbuilding firm,
and formerly M.P. for Teigntnouth, and afterwards for
Scarborough, had no desire to send working men to pri-
son. He saw workmen for whom he had a great respect,
who were on strike, and who were listening to the pro-
ceedings, and he had no objection to accept their pro-
cures) that the defendants should return to their work and
fulfil their agreements.
Mr. Chas. Young said the men had been given into
custody and locked up all night, and he asked what was
thence of bringing them to that court if there was not
to be a legal decision ? On the part of his clients he was
willing to meet the case. ti
Mr. Selfe very strongly urged a settlement, and that
an arbitrator should be appointed.
Mr. Giffard said Messrs. Young, Son, and Magnay
would abide by any awexel qi aeaespectalele arbitrator ;
but the defendants' eolicitorercould not get the people by
whom they were instructed to submit to anything but a
legal decision. The defendants were not consulted at
all in the matter. The case was finally proceeded with,
and Mr. J. T. Winter, an agent of the prosecutors', was
called to prove that a man named Denton, a shipwright,
for whose apprehension a warrant had been granted, had
signed a contract to serve Messrs. Young, Son, and
Magnay for 12 months, but that case could not be gone
into because the warrant had not been executed, and
Denton was not present. The six contracts entered into
by the prisoners at Limerick were produced ; but as the
attesting witness was not present, and Mr. Chas. Young
and Mr. Pelham would not admit the signature of the
attesting witnesses, the magistrate said he could not re-
ceive the contents in evidence.

Mr. Inbertlby, the prosecutors' foreman, was
then esllo, and he said the prisoners arrived at Lime-
house Dock in the Mangerton steamer from Limerick at
one o'clock on Sunday afternoon. On Monday morning
he directed the six defendants to take their tools out of
their chests and set work out for them. Soon afterwards
they disappeared, and did not go to work at all.
Mr. Charles Young took an objection that the defend.
ants had never entered into the service of Young, Son,
and Magnay, and could not be punished for absenting
themselves from a service which they had never entered,
He real the clause in the act of Parliament in suppart
of his view. _ _

Mr. Pelham followed on the same side. He agreed
with his friend that the service was never entered upon
at all.

Mr. Giffard said if the warrants were dismissed, Messrs.
Young, Son, and Magnay could proceed against the de.
fendants on the written contracts, when the attesting
vritniisses were produced.
Mr. Self hoped there would be no manifestation of
feeling, no applause and no hissing at what he was about
to say. There was no proof that six men had entered
upon the service. He wished he could have settled the
unhappy disputes existing, instead of giving the ship-
wrights on strike a temporary success. He deeply re•
gretted that defendants had violated the contracts they
had entered into. It was not fair and honourable for
masters to violate contracts entered into with workmen,
or for workmen to violate contracts entered into with
masters. He must repeat that he was sorry there was a
temporary success, and wished that the dispute with
Messrs. Young and their workmen had been settled by
arbitration. The intereAs of masters and workmen
were inseparable ; and those who told the working
classes the contrary, and endeavoured to set the work-
ing daises in hostile array against their employers, were