The Sun.
London, England, 1867-07-15 00:00:00

TILE TAILORS' STRIKE.
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On Saturday, Mr. Lewis, president, Mr. Landon,
secretary, Mr. Mitchell, Mr.
Harris, and Mr.
Abney, members of the Master Tailors' Association,
appeared before Mr. Tyrwhitt, at the Marlborough-
street Police-court, to answer a summons taken out
Operative Tailors' Association, for " unlaw-
by the
fully conspiring, combining, confederating, and
eeing together with divers others, by divers un-
agr devices, to force and endeavour
lawful means and
to force certain persons hired and employed as jour-
neymen tailors to depart from their hiring and w
er or
certain
journeymen tailors from hiring themselves to and
accepting work and employment, and to induce cer-
tain journeymen tailors to belong to an association,
and to molest and obstruct certain journeymen on
account of their not belonging to a certain associa-

tion."
The court was densely crowded, and the greatesl
interest seemed to be felt in the proceedings.
Mr. Coleridge, Q.C., M.P., and Mr. Ribton, in-
structed by Mr. Edward Lewis, of Great Marl-
borough-street, appeared for the prosecution ; and
Serjeant Ballantine, Mr. Sleigh, and Mr. F. H.
Lewis, instructed by Messrs. Valiance, for the de-
fence.
Mr. Coleridge read the clause of the Act 6 George
c. 24, under which the prosecution was insti-
tuted :—" If any person shall, by violence to the
person or property, or by threats or intimidation,
or by molesting or in any way obstructing another,
force or endeavour to force any journeyman, manu-
facturer, workman, or other person, hired or em-
ployed in any manufacture, trade or business, to de-
part from his hiring, employment or work, or pre-
vent or endeavour to prevent any journeyman, manu-
facturer, workman, or other person, not being hired
or employed, from hiring himself to, or from ac-
cepting work or employment from, any person
or persons ; or if any person shall use or employ
violence to the person or property of another, or
threats or intimidation, or shall inilest or in way
obstruct another, for the purpose of forcing or in-
ducing such person to belong to any club or associa-
tion ; or if any person shall, by violence to the
person or property of another, or by threats or
intimidation, or by molesting or in any way ob-
structing another, force or endeavour to force any
manufacturer or person carrying on any trade or
business to make any alteration in his mode of
regulating, managing, conducting, or carrying on
such manufacture, trade, or business, or to limit the
number of his apprentices, or the number and
occupation of his journeymen, workmen, or servants
—every person so offending shall be imprisoned for
any term not exceeding three calendar months.'?
The learned gentleman then proceeded to say :—lt
is manifest the last part of the clause points to work-
men only, and is used for the protection of masters
only. But the same remark does not apply to the
earlier portion of the section. I have read both, in
order to direct your attention to the fact that the
first part is general and applicable to employers and
employed ; the second only applies to persons who
employ workmen. What is this first part? It is, if
a person endeavours, by molesting or obstructing, to
force or endeavour force any workman to depart
from hiring, he shall be guilty of an offence created
by the statute. I humbly submit it is not legal for
the masters to combine, as I shall prove them to
have done. I have thought it my duty to point out
the distinction between the first and last part of the
section, and my argument is that the first part
applies to the rich man as -well as the poor man.
James England—l was formerly in the employ
• of Messrs. Mitchell and Harris, tailors, Cornhill. A
few days ago Mr. Harris handed me a circular. It
was like the one produced, but I do not think it is
an exact copy.
The circular was read by the clerk, and was as

follows :
" Master Tailors' Association of the United King
dom, 25, Old Bond-street, London, W.
" Sir,—l am desired by the committee of this
association to annex for your information copies of
three resolutions passed at the hi-monthly meeting
of this association, held undor Ride XV., on Mon-
day, the 30th of June.-1 am, yours obediently,
"N. F. PEACII, Secretary.
" < Resolved, 7-That, after seeing the report of
the sub-committee appointed at the last genera]
meeting to consider the establishment of a non-
union house of call, this meeting is of opinion that
it is desirable to establish a register office for non-
unionists, as suggested, and that the same sub-
committee be instructed and empowered to take all
necessary steps at once to carry out their views as
expressed in the report.' Resolved,—That after
the formation of this registry office the members of
the Trade Tailors' Association will give to men who
have their names registered there the preference in
employment, and the members of the Master Tailors'
Association will give no work whatever to union
men.' Resolved,—That the thanks of this meet-
ing be given to the chairman for his courteous and
able conduct in the chair.' By order of the com-
,
mittsc:.• " N. F. PEACH, Secretary."
Several witnesses having been examined,
Mr. Sergeant Ballantine said—l ask you, Sir,
whether there is anything that calls on me to
answer it. Ido not wish to say a word in aggra-
vation of the existing feeling, which I hope soon to
see allayed. I submit, however, the prosecution
has not made out any case. I take a legal objec-
tion ; and first, with respect to the defendant
Lewis, his name has never been mentioned, and
there is an end of the case so far as he is concerned.
Mr. Tyrwhitt—As well as I can comprehend the
matter, the charge lies between Mitchell and Harris.
There is no case against Mitchell, nor against Abney
or the others.
Mr. Sergeant Ballantine—The only case, then, is
against Harris ; and Harris cannot conspire by him-
self. I ask you, Sir, as a lawyer, as I would ask
the judge, whether you think it necessary for me
to go on with this matter?
Mr. Coleridge—The way I venture to put it is
this, that resolutions were passed apparently at a
meeting of master tailors; that Mitchell and Harris
directed the attention of the master tailors to a por-
tion of them—that portion containing conditions
that no master belonging to the association should
give work to a union' man. That is direct
evidence against any one belonging to the associa-
tion—direct evidence in law of conspiracy, by com-
bining to give no work to union men. It is an illegal
thing to combine together to limit the class of men
the masters shall employ, and to do injury to a cer-
tain class of men in the trade of tailors. One person
may have a right to do certain things ; but if three
or four combine with the object of affecting the fair
gains of men working for their bread, that, we say,
is an illegal act, subjecting the parties to punish-
ment.

Mr. Tyrwlaitt—lf two men meet in a room and
say they want employment because they belong to
the union, could that bring them within the mean-
ing of the act? If masters, seeing that there is a
strike, met and said, " The workmen want more
money ; we will not employ union men, because
they ask higher prices, but will give the preference
to other men," does that form such a conspiracy as
the law contemplates ? It is but common sense if
one party says, I will work only for such prices,"
for the other party to say, " We will not. pay them."
That cannot constitute a criminal act. I cannot
see that the means used are illegal, and the evidence
does not attack the difficulty in any way. I will
not decide this case, but if asked by the prosecution
I will send it to another court.
Mr. Sergeant Ballantine--I understand that you
dismiss the case?
_ _

Mr. Tyrwhitt—l dismiss the case in the words of
the act, without conviction or bail. If the other
side choose, they can have an opportunity of going
to another court.

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