The Sun.
London, England, 1856-08-23 00:00:00

THE LATE FATAL COLLIERr ACCIDENT
IN SOUTH IVALLS.

PONTYPRIDD, Aua. 22.
The protracted inquiry into the cause of the late dis-
ae!_rous explosion of fire-damp at the Cymmer Colliery,
in Glamorganshire, has at length been brought to a close.
Tne greatest interest in the investigation appears to
have been taken by the colliers of the district, who at.
tended the inquest in large bodies day by day. Many
of the ownors and managers of the numerous coal-mines
in Smith Wales have also been present, and several
legal gentlemen have attended to watch the proceedings
cn behalf of the proprietor of the colliery and of the
friends of the deceased.
The evidence having been completed at midday yes-
terday, it was agreed to adjourn fur a short time, and
then to proceed with the summing up. The Court re.
sumed shortly after 2 o'clock, and
The Coroner at once proceeded to sum up. He pointed
out to the jury the importance of the investigation, and
the chief question which they were Called upon to de-
cide. In the first place, it was left to them to erty
whether the unfortunate deceased had died through an
accidental explosion of fire-da:np, or whether the ex-
plosion which had terminated se fatally had been occa-
kiened by the carelessness or negligence of any person
or persons intrusted with the control and management
of the pit. If they were of °pillion that the explosion
was one of those uufoieseen casualties which neces-
sarily attended all mining operations, however serious
the consequence might have been, it would be their duty
to return a verdict of accidental death ; but if they be-
lieved that it had arisen from the carelessness and neg-
ligence of the owner, manager, cverman, or firemen, oa
any other person having duties to perform in the mine,
it would be their duty to find a verdict of manslaughter,
in order that the matter might be investigated elsewhere,
and the supposed offenders tried f r the offence. In
order to enable the jury to arrive at a proper decision,
he thought it necessary to impress upon them the fact
that, as a point of law, if any man took upon himself an
office or duty requiring skill and care, and yet by care-
lessness or negligence permitted an accident to occur by
which a death ensued, such person would be guilty of
manslaughter. He then called attention to the rules of
the Cymmer Pit, by the first of which the duties of the
manager were defined. Tne,:e duties required him to •
take the responsible charge of the mine and works, and
the direction of all persons employed in or about them,
Full power was given to him, and he was ri.vired to
carry out whatever he might cos eider necessary for
safety, and for rendering effective the general and
special rules. He was also to take care that there was
a sufficient number of competent agents to superintend
the mine, machinery, and workmen, and it was his
duty to see that they clearly understood, and were
attentive to their respective duties. In addition, it
was his duty to lay out the ventilation of the mine,
to make due provision for removing all noxious gases, to
take especial care that the general rules were attended
to, and to see that the workmen were made acquainted
with them by causing them to be read over when desir-
able. It would now be for the jury to say how far the
duties thus defined in the rules had been performed by
the manager. The coroner here read the rules which

referred to the overmen, deputies, and other underground
agents, together with those affecting the workmen
themselves, and then proceeded to comment upon the
facts of the case and the nature of the evidence. He
believed that the evidence very strongly affected several
of the persons holding responsible positions in the col-
liery. It was, however, fur the jury to say how tar the
dutiei of those persons were disttuctly defined, and whe-
ther or not they hat been violated.

Before the conclusion of the summing up ➢Zr. James,
the solicitor for the proprietor of the colliery, handed in
the following document, which may be considered the
defence of the persons intrusted with the management
of the mine :

"The manager maintains that he had a right to per-
form the duties of the first special rule by what he be•

lieved to be proper agents.
" Morgan Rowlands maintains that, on finding gas in
a stall of a morning, all he had to do was to act under
rule 14 (requiring that cross timbers indicating danger
should be put up). David Jones bad already done so.
He also contends that the 20th rule (the rule requiring
the overman to report to the ❑tanager, and the deputy
to the overman, all accidents, dangers, or detects which
occur in the mine) dues not apply to merely finding gas
in a stall of a morning, but only to such dangers as
threatened some large district of the work of sufficient
importance to render it necessary that the head manager
should know.

" Rowland Rowlands maintains that, not being in-
formed of the danger, there has been no rule broken by
him."

The jury retired for the purpose of considering their
verdict at a quarter past three o'uluc:•, and returned at
half-past four.

The Foreman raid—Seventeen of the jury are of opi-
nion that the explosion in the Old Pit at Uymmer, which
occurred on the 15th of July, whereby Thomas Lewis and
113 other men lost their live-, was caused by the negli-
gence of Jabez Thomas, the manager, Rowland Row.
lauds, theoverman, and Morgan Rowlands, David Jones,
' and William Thomas, the firemen. They therebre
found a verdict against those persons of manslaughter.
[lle dissentient juryman was said t 3 be now a fire-
man in the pit in which the explosion occurred.]
The Coroner said lie did not see how the jury could
have come to any other conclusion.
Mr. Owen, on behalf of the workmg cAiers, thanked
the Coroner and Mr. Poulden, the Government assessor,
for the pains which they had taken in conducting the
investigation, and this prJtracted inquiry was then
brought to a close.

THE FATAL COLLISION" OFF THE NOR-

T ITUMBERL AND COAST.