The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1893-08-08

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" lr-s Es1A pOstoffice building, yes
E1ZztfS--aSazesskSs8 terday. 1t was the case
Il Y lTSIssLE Of Matt. Dolinski and
N.Y.. ~ Anthony Sinisky
against the Lehigh
Valley Coal Company and was begun in the
November, 1891, term of court.
Edgar w. Bechtel Esq, deputy district at
torney G. D. Boyer, Esq, of Pottsville, and
James Grant of town, were the arbitrators
s. II. Kaercher, Esq, appeared as counsel
for the Lehigh Valley Coal Company, J. II.
Pomeroy and NJ. NJ Burke, Eiqs., appearing
for the plaintiffs
Sinisky, one Of the plaintiffs, arrived from
Waterbury, Conn, where he is now located,
in time to appear as a witness in the case.
Much interest had been manifested in the
case by the public, and the office where the
arbitration was held was filed by citizens
throughout the session.
T. R. Edwards formerly inside foreman at
Packer colliery No. p Lawrence Murphy, as
sistant inside foreman; Michael Barrett,
loader boss, and Fred E. Zerbe, mining engi
ueer for the LehighValley Coal Company, were
present as witnesses for the defendant.
Their testimony was of such character
that it took the foundation from under the
plaintiffs case and knocked it into smither-
ecns
The arbitration opened at 10 a. m Mr..
Burke making the opening address in behalf
of the plain ifs
The testimony of Dolinski and Sinisky oc-
cupied the forenoon and afternoon until half
past two o'clock Leo Long was employed as
Interpreter.
The evidence Of the plaintiffs set forth that
they had been employed in breast No. SO of
the West Holmes vein. of Packer No. col.
liery iu 1890, and completed it in March, 1891.
That after completing the work they had left
a large quantity of coal in the breast which
the company refused to load. They claimed
the coal amounted to 1000 car loads. When
leaving the breast it was completely
closed, the batteries, manways and
headings were all shut by the fall of coal
The plaintiffs made demand upon the mine
foreman TO have the coal loaded and this he
refused to do; they also made demand upon
Col. ID. P. Brown, the superintendent for the
Lehigh Valley Coal Company, and he denied
that there was any coal there belonging to
the plaintiffs.
At this time it was impossible to determine
whether there was coal in the breast or not,
as the place could not be entered.
The breast remained idle for some time and
was not touched owing to this S, It and then
Col. Brown, at considerable expense to the
company, had heading driven from breast
No 81 into breast No SO. Through this Mine
Foreman Edwards and Assistants Murphy and
Barrett made their way and descended by
rope into breast No. 36.
These gentlemen yesterday testified that
they found no coal in the open space Of the
breast and that the lower portion of the
breast in the vicinity of the battery, together
with the manways, were completely closed
with rock. They also testified that the entire
amount of coal that could be mined from a
breast, such a, the one in controversy, would
not exceed eight hundred cars.
Engineer zerbe produced his maps of the
West Holmes vein, to which he swore, and
which showed the exact location of the breast
in dispute and the surrounding operations
He testified also that the breast would not
yield, when fully and thoroughly worked out
above 800 cars.
This testimony came like lightning from
clear sky to the claimants, because they were
not aware that any opening had been made
into the breast, as had been done under the
direction Of Col. Brown.
The breast had been worked by three diff.
ferent parties before the plaintiffs were EN-.
plOyed and considerable coal removed from
it aud the point was strongly presented by
the defense that it would be an utter impossi-
bility for the plaintiffs to find there the
amount of coal that they claimed.
The uncontradicted testimony Of the COM
pany's witnesses brought this interesting case,
because it was such, to close and the arbi-
traitors, before leaving town, rendered an
award of mo cause of action and in favor of
the defendant company"
The singular thing in connection with the
case is the testimony of the plaintiffs TO the
effect that they had walked over a large
quantity of coal that had got in the upper
part of the breast just previous to their leav-
ing it; and the statement OF Foreman Edwards
that the very day upon which the plaintiffs
ceased to work there he was unable to get in
to the breast.
Mr. Edwards gave it as his opinion that the
batteries and manways were closed by the
plaintiffs for the purpose of preventing the
cOmpany's employees from getting into the
breast and they thus attempted to bolster
claim for large amount of coal valued at
some 81 900.
The result of the case may have a damag-
ing effect upon the claims of miners hereafter,
as when there is demand made il may be
looked upon as entirely unfounded and made
for the purpose of eXacting false damages.
Dolinski and sinisky are liable for the
costs in this case, but it is understood the
company will take care Of the expenses of the
IsrbitratOrs, not from any mercenAry motive,