The Sun.
London, England, 1857-03-03 00:00:00

ON PHYSICAL DISQUALIFICATIONS, GENERATIVE

INCAPACITY, AND IMPEDIMENTS TO MARRIAGE.
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TexhFaußstlloEnNanDd
decay: A
ofiVith:dfriacmael,
frloVrnotrhke
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John Earn haw, for me. In consequence of what
the hurrier said, I told him to tell Lodge that his
place was quite safe. I then gave the hurrier
Davy lamp, and told him to tell Lodge to try for
himself. In about a quarter of an hour afterwards
I went to Lodge on the top level. I found him and
his hurrier filling a corfe. The lamp was behind
the corfe. I said, "Now, Lodge, hare you tried
it ?" He said, "No, I don't understand it." I
then took up the lamp, and went over the coals to
the face. Lodge followed me over. I put the lamp
up to the roof and acid, " Now, rocit goo thern ie no
gas." He said, "Yes, I see there is none." I then
went and sat down along with Lodge. He said he
was satisfied there was no gas, but added that in
case anything was to happen what would be the
c,nsequence ? I replied, " That very likely I should
be wrong for not making him work with lamps."
He said if anything were to happen he should make
a bother. I replied, "As you say so, I will make
you work with lamps." He said, "You won't, I will
leave the place first ;" and besidts he sail, " What
occasion is there to work with lamps?" Lodge said
the batteries were a long way off. I sail we hal
gone considerably further very often without brat-
tices in levels and slits, and I had never seen any
gas. The brattices were from 20 to 30 yards from
the face, as near as I can judge. According to rule
23, they ought not to have been more than 12 feet

from the facing. I never saw occasion for having
brattices at all in the slips or levels, so far as re-
gards any danger from gas. Tie coal does not make
much gas on the end, and never has done. In the
boards we keep up to rule 23. We have driven
levels and slits for more than 40 yards without
any brattice. I believe it is cust unary in all the
pits in the district not to brattice the slits and levels
according to rule 23. . _

By Mr. Morton—lt was in the top level, on the
north side, where I was -hiking with Lodge. There
was no other person present except Lodge's hurrier.
Lodge was working with candle.
What is the greatest distance you have ever
driven without brattices ?—ln sliti, 42 or 43 yards;
in Lodge's pace they were from 20 to 30 yards
from the face of the level. On that day we had no
working place in the pit where the brattices were
further from the facings, nor any so far as in
Lodge's. I had seen all the working places in the
pit on the day prior to the exp'osion.
Has any other person besides Lodge ever said
anything to you about the brattices being so far be-
hind ?—Never, plenty have grumbled about their
being so near.
Have you ever bad any consultation with Mr.
Coe about brattices ?—I have sometime told him we
were short of brattices, or sheetings. He always
told me it I saw anything wanting to let him know.

Mr. Coe has repriniandea me for allowing the brat-

tices to be so far from the face. That has been in

the case of boardgates. He has also at times, said,
n reference to the endings and levels, "You must

get some brattices up here." But still it has never
been our custom to comply with rule 23 in refer-
ence to brattices in the levels, ends, slits, never
having seen any occasion for it, because there was

no gas.
Who are the persons who saw no such necessity ?
—Myself, William Beavers, and William Corbidgc.
We have consulted together at different times about
the brattices not having been kept up in the ends

and levels according to rule 23. - -
Has Mr. Coe sanctioned the breach of rule in
these respects I—l am not aware be has been strict
with us about the brattices in the slits or levels ;

but he has been very strict about brattices in thi
boardgates. The men working in the boards have
cursed and sworn they would go out if we put
boards up as ordered by Mr. Coe.
What orders did Mr. Coe give as to brattices in
the boards ?—He ordered ui to keep up with the
rule 23.

After the men found fault with having the brat-

tices so near, did you put them up or keep them
down I—Sometimes we have put them up and some-
times on persuasion kept them down, the men not
being able to keep their candles in on account of
the current. We had wood shaders to protect the
candle., but they sweated away to the extent of
five or six in the hour. On the day previous to the
explosion there were no brattices in boardgates so
much as 12 feet from the face. None of the stop-
pings or doors were wrong to my knowledge. We
have not been in the habit of having more than one
slip open near the face of the boardgates or levels.
On the day previous to the explosion we had not
had any greater fall from tha roof than usual. There
had not been any great falls from the roof on that
day, but there had been small falls from the roof,
which is what is called a tender one and falls

readily. I carefully examined th 9 gooves the day
before the explosion with a safety lamp. They
were quite clear of gas. It was on the evening of
the 411 ty preceling the explosion I examine I hem.
I being in the night shift, left the pit about three
o'clock on the morning of the explosion. I did
not sea gas in any place that morning—did not find
a single p'ace from one end of the pit to the other
where it would fire at my lamp. The flame of
my lamp did not show fire at all. We had not
one Davy lamp at work on that day in any
part of the pit. It is very seldom we have had
to use lamps, and when we have it has always been
in the boards. I don't know that they have been
required in any place in particular. The board-
gates, which go straight from the pit bottom, are
considerably further up than the others. We have
not had occasion to use lamps in those boardgates
for six months at least, not to my knowledge. We
have at times had occasion, when there has been a
"feeder" or "blower," to use them in the second
boardgate, on the north side of the pit. We have
sometimes had " feeders" or " blowers" of gas.
I don't know that we have had them anywhere but
in the second boardgates. The feeders or blowers
were very trifling ones.
Have you always acquaintsl Mr. Coe with it,
when you have seen blowers don't recollect
that we have had any since Mr. Coe came to the
pit, which is only about four months ago.
Have you seen Mr. Coe measure the quantity of
air in the pit h—Yes.
With the anemometer ?—Yes.
Where ?—ln the cupola (air shaft) boardgate,
into which the whole ventilation of the pit is
brought.
Has rule 23 been observed in reference to the
sectional area of the aircourses cannot speak to
that ; I don't know what it is.
Do you know if there are any airconrses or air-
crossings less than 30 square feet sectional area as
required by rule 23?—Yes,
there ate some less of
both kinds.
What is the size of the smallest I—We havo
some not more than 4ft. square, because the roof is
so bad t%at it crushes the packs down.
The Coroner—l asked you last Monday if you
could at all account for the explosion. After you
have had a week's consideration I now repeat the
question. Can you give me any accoturt of it ex-
cept what you gave last week h—l cannot ; unless,
as I said last week, a trap-door may have been
left open. We had boys to attend to the trap-
doors—one at every door, except those in the slits,
which the burners open and shut themselves.
comeM to
Mr. Morton.r—Has open of doors often
doors at boardends, and as near ?—No ;I we have nine
250rr21. m
6inslaidts i
(is as can recollect
Mr. v on, of Barnsley, colliery viewer,
said--I heard of the explosion at Lundhill shortly
n
after it occurred, and immediately proceeded to the
pl. I
ck
in rtehanc ed h
afternoon.
ter
e aboutl 20
found minutesthe n
nbeforehad
just
finished fastening the broken chain in the head
gear, and busy transferring the ropes on the drum,
one of them being fastened to the chair in the
bottom. Seeing that I could be of some assistance
I superintended with one or two others the altera-
tion of the ropes on the drum ; and not knowing
what other means there were at the colliery, and
no one to inform me at hand, and knowing also
that we had a "crab" with the necessary
for
it to
sarylenwgothmb.
of
rope attached, I immediately gent

1
well Main Colliery, where lam employed. This
" crab" could only be required in case of some un-
foreseen accident in altering the ropes of the pie.
Every exertion was made, and the unoccupied
drawing rope was put into operation by a • quart r
before 3 o'clock. There was no unnecessary delay.
I may just say that I am the manager at the Womb-
well Main Colliery. As soon as the rope was got
into operation, Mr. Coe, along with tw ) of his own
men, got into the tub and proceeded down the
shaft, being drawn to the bank at intervals in con-
sequence of meeting in their descent with pieCes of
timber hanging loose in the shaft, and which it was
necessary to remove for their own safety. After
being drawn-up three or four times they at last
reached the bottom. Mr. Coe shortly retained to
the bank, end asked Mr. Webster and myself to ac-
company him to the office to. examine the p'an ;
which we did. Immediately afterwards, we all pro-
ceeded to the pit, and togs her with W. Utley, un-
derground steward. at Wombwell M,in Colliery,
proceeded to the bottom of the pit. We had very
great difficulty in keeping i
our lights, th-sen the
Davy lamps being altogetherblownup, and we were
compelled to make use of a common blast lamp in
order to obtain a light at the bottom. On getting
out of the tub at the bottom, about eight or ten
feet from the rails we had to scramble over a
large amount of fragments,
apparently of broken
slidesland staves. We then went to what had been
the lamp cavern, where we lit our dead lamps. We
immediately proceeded along the south road. The
first opening I came to, 15 or 16 yards from the
shaft bottom, was a direct communication with the
bottom of the upcast, in which Mr. Coe informed
us there had been two doors, but not a vestige of
them remained. The fire at the bottom of the up-
east Wag raging furinu9l3,. 'Elie
whole of the,arehes
of the furnace were one mass of ruin, and the fire
was shooting up between the stones. We could
also see fite coming down the centre board-gate
directly to the bottom of the upcast shaft. We
saw the flames shooting acr iss, ( ffectually stopping
us from proceeding further. We continued going
to the rise, still wi, h the hope of getting round the
fire, and found the coal on fire at the post of the
next corner, but, so slight that it was afterwards
put out. We got about one pillar higher than this
to the rise, which would be about 70 yards to the
rise from the horse-road. At this point Mr. Coe
left us, and went still further up, until he could
proceed no further for watt of air. We then re-
turne 1 into the horse-r, ad, he leaving us at the
second boardgate. We went directly into the
horse-road, and he continued along to the south.
He joined us in the horse-road about 100 yards
from the shaft. We procee led up the south-road
about 350 yards, and found three dead bodies.
Going to the rise, up every boardgate we came to,
until stopp( d for want of a.r, and the gas fired in
the lamps, beyond which we considered it unsafe
to proceed, we returned to the downcast shaft. We
did not find any persons alive on the south si'le of 1
the pit. We then went on the north side. On
the north horse-road, 10 or 12 yards from the bot-
tom, we saw a horse dead, which had apparently
just come to the shaft bottom with a train of coals.
I should say he was burnt. In front of him had
been four or five tubs, on to the top of which he had
been blown by the explosion. Atter going four or
five yards fur i her north we turned up the board into
the stables, and found one horse dead at the en.:
t! ante and another near it. The stables we found on

fire, the fire being principally on the rise side of
the stables, at the head, in ihe boy crib, and on the
surrounding coal. We then went down the north
horse-road, turning up the first boardgate to get to
the other side of the fire. We found the stables

on fire there also, and a largo body of smoke back-
ing along the end to the north, which rather led us
to suppose there might be fire still further to the
north. We could not however perceive any. We
then returned to the north horse road, and pro-

ceeded along it, having a current of air along with
us. We found several dead bodies in this horse-

road. We went up No. 2 boardgate until we again
lost our air and could proceed no further. The
want of air and firing of the lamps stopped us when
we had got 40 or 50 yards up. Again returning to
the north horse-road we proceeded along it, exa-
mining the stoppings as we went, and finding some
of them not seriously injured we went up No. 3
boardgate about 40 or 50 yards, and had again to
return in consequence of the want of air and firing
of the gas in our lamps. We continued up the
north horse-road until we reached within 40 yards
of the facing, and at the end of the fourth board-
gate. We then found a body which, .1. think, was
dreadfully burnt, but it was so black I could not
tell positively. Some one of the patty—l think
Mr. Coe—proceeded to a water level, which was
being driven in the dip to the east, and where a
man would be working at the time of the explonon.
His body was found there, and brought into the
horse-road. At this time Warhurst came to us

from the shaft bottom, saying, if we did not at once
return there would be no means of escape. I should
say this would be about a quarter to 7 o'clock. We
did not even then leave the No. 4 boardgate until
we had examined every direction in which it was
possible for any one to live. One of the party—l
believe Mr. Coe—went up to the No. 4 boardgate.
We in no case returned until the lamps fired. We
also examined minutely three or four places which
were being driven to the dip similar to the one
I have previously spoken of, but did not find any
body dead or living in them, those who had been
working there having evidently escaped. We then
returned on the north boardgate, counting the bodies
as we passed, and found them to be eight, the last
of which we had not observed at all in going north,
and only discovered it, in returning, from my foot
touching the body. It was lying under a tub of
coals. On getting near the ehatt we again went
towards the south end of the stables, in which we
found the fire raging so furiously that it was utterly
impossible for us to go near it. The whole length
of the stables, and evidently from that point to the
centre boardgate—a length of upwards
of
—was in one white sheet of flame.
The
lOsQidyeasrdosf
the coal, timber, and everything inflammable, were
on fire. It was fearful to contemplate the differ-
ence that had taken place in the state of the fire be-
tweai the time of our going up the north boardgate
and returning again. In the first instance_ we
might have gone up to the fire and kicked it with
meatwithin.wofh several
we
downcastraeafsl
Iteerdthsheoettftobei
our feet ; but, in the second, we durst not go
It
nott.
iht wenteoenNfbVioowetfitioaimenih oewlff
melting-furnace.
siotnnhgele-
eft
iehulrpownebahacois
white
eihtt ohe
Before going aloeg the north horse-road we had or-
dered that the bodies of the three men found in the
south horse-road should be brought to the shaft-
bottom as quickly as possible in order that they
might be sent to bank. On arriving at the shaft-
bottom from the north horse-road we gave similar
instructions with respect to the eight bodies found
in that horse-road. The men proceeded to perform
that duty. We did not leave the pit until I myself
felt convinced beyond a doubt that there could not
be by possibility any living person in the pit, ex-
cepting those who had deicended after the explo-
sion. We then came out of the pit. It was about
half-past seven when we got out. We thereupon
went to the office to consult with the owners of the
colliery as to the best and most efficient means in
that emergency. We had not left the pit many
minutes before the whole of the men whom we had
left down came out, declaring it utterly impossible
for them to remain any longer. When we got into
the office there were present Mr. R. C. Webster,
of Hoyland, Mr. Joseph Cos (the underground
steward), Mr. William Utley, of Wombwell Main
Colliery, and Mr. John Hoyland, of Rawmarsh
Colliery, Mr. Duckworth, of Wombwell Main Col-
liery, James Cookson, of Hoyland, Wm. Beever,
John Warhurst, Benjamin Hoyland, Durley North
Main, John James, and Ellis Wilcock, both of
Wombwell Main. All these men are connected
with collieries,. and had been down the pit. Mr.
Taylor (proprietor) and Mr. Peacock (solicitor)
were also present. There was a consultation, and
the question was put to each of them as to whether
anything further could then be done for the reco-
very of the bodies, or whether in their opinion, any
one was still in the pit. The answer of each was,
" I am decidedly of opinion, since examining the
pit, that there is not now a living person in the
pit, and that at this hour (1.49) it would be dan-
gerous for any man to descend the pit for any pur-
pose whatever, and that the only way now the fire
is raging so fiercely is to close the downcast shafts,
and I think it should be done immediately."
When we came out of the pit there was a very
strong current, and the flames wore just peeping
out of cupola shaft, and at 7.40 they had risen up-
wards of 100 feet above the cupola top, and the
sparks rose to at least 300 feet in the air. In pur-
suance of our unanimous decision we then closed.
the top of the downcast shafts, leaving the cupola
open. 1 cannot from my examination form any
opinion as to what was the cause of the explosion.
By Mr. Morton—Did any one object to closing
the pit ? No one. From my experience of col-
lieries every exertion was made to get into the pit
as speedily as possible.
Mr. Mortone—Can you form any opinion as to
the utmost extent of the flames westwards from the
bottom of the upaic shaft Upwards of 60 yards

The business of the Horne Circuit commenced here
to-day. There were six cases entered for trial on the
Civil Side, one of which only is a'special jury casP. On
the Crown Side there are sixteen prisoners for trial, but
a good many of the charges are of an ordinary descrip-
tion. Mr. Justice Cresswell sat on the Civil Side, and
Mr. Baron Channell, the newly appointed judge, pre-
sided in the Crown Court. _

CIVIL SIDE.---(Beforeiii: Justice Creswell and a Cxn-
mon Jury.)
RUT AND WIFE V. HEWES.
- • • •

This was an action to recover damages for injuries
that were alleged to have been occasioned by the negli-
gence of the servant of the defendant.
- Mr.- Rd .4. J....4n text, and Mr-- Hawkins were
counsel for the plaintiffs ; Mr. M. Chambers, Q.C., was
for the defendant.
It appeared that the defendant was an undertaker in
Bethnal-green, and that he had been engaged to conduct
the funeral of a Mr. Nyoriter, the landlord of the Seven
Stars public-house, Bethnal green, by his widow. The
plaintiffs were related to Mrs. Writer, and at her re-
quest they accompanied the decli.sed to the grave, and
on their return it appeared that tae carriage in which
they and five other mourners were seated was over-
turned, and the plaintiff's wife received very severe in-
juries uprn her head and bands, and it was to recover
c +mpensation for these injuries that the present action
was brought against the defendant, it being alleged that
the accident was occasioned by the negli4ent manner in
which his servant drove the coach containing the mour-
ners. The case on the part of the defendant was thi.t
the man who drove the mourning coach was not tLe
servant of the defendant, but that he was engaged at the
request of Mrs. Writer, who wished to get him a job,
and it was also contended that there had been no ne•
gligence on his part in driving, and that the accident
was occasioned by a waggon driving against the mourn-
ing coach and compelling him to back his horse to get
out of the way, and that in eo doing the hind wheels
got up in the pavement, and, isrving to there being so
large a number of persons inside, toe coach was overaet.
The man who drove the coach upon the occasion was
called as a witness, and he stated that the accident was
entirely occasioned by the waggon suddenly pulling out
upon him as he was passing under a railway arch ; and
he also proved that Mrs. Writer paid bin 3s. for driv-
ing the mourners to the funeral, and said that he consi-
dered he was engaged by her.
The jury returned a verdict for the defendant.
Cuower SIDE.—( Before Mr. Baron Channell.)
Charles Tipple, 39, a surgeon of Baldock, surrendered
to take his trial upon a charge of fel miou-ly adminis-
tering certain nauseous drugs to one Caroline Bo wley,
and used other means to procure her tni,carriage.
The jury, without hesitation, returned a verdict of not
guilty.

SOUTH WALES CIRCUIT.—SWANSE,t, March 2.
(Before Mr. Baron Wat-on.)
THE CYMAIER COLLIERY EXPLOSION.
Jabez Toomas, Rowland Rowlands, and Morga;i
Rowlands were tried at Swansea yomierday, charged
with the wilful murder of Wm. Thomas, Samuel E!.
monds, and another, on the 15th of July It.
It will be recollected that an exid ision took place at
the above colliery on that day in question, by which 114
persons were unfortunately killed.
The prisoner Jabez Thomas was manapr of the pit,
and the other prisoners were employed iSoi the superin-
tendence of it, and the question appeared to be whether
the lamentable accident had arisen in consequence of the
neglect of proper precautions by the prisoners.
The jury returned a verdibt of acquittal.