Glasgow Courier. — 1858-10-05 (Glasgow, Strathclyde, Scotland)

CHARGE OF CULPABLE HOMICIDE.  John Licidell,-la-ttily- underground Amager, or oversman, of the liiroadfield Colliery, and of the coal pit known RS the Prince Albert Ne* Pit, at Duutocher, was charged with culpable homicide, Kick- far as it having been his duty, BA underground iimikiger or oversman  of the said colliery, ndtoseethat te workmen in their several departments discharged their duties, and that the regulations for the conduct and guidance of the persons charged with the management of the several workmen employed in and about the said colliery and pit were faithfully and rigorously enforced, and to enforce the same; and he having had the power and means to enforce the same, and it having been, during the time aforesaid, or part thereof, a rule in the said colliery and pit that the first colliers' shift in the morning should commence at, and not before, six o'clock in the morning; and it having been, by the aforesaid regulations, specially provided that the fireman should descend the pit before the colliers' shift began, and, where fire damp was known or suspected to be, should proceed with a safety lamp through every drawing road, and along the whole coal faces and working places in the colliery, and should minutely examine the same, to ascertain if they were free from fire damp, choke damp, or other impurities, and were otherwse apparently safe for the workmen to enter and to work in them; and in case any fire damp or other impure air should be discovered in any working place, road, or level, that the fireman should, in the first instance, thoroughly clear the same of such impurity, if that could be done easily, and should thereupon report to the colliers that the working places were apparently safe; but if the impurity could not be readily or at once cleared out, the colliers should not be permitted to enter any working places, roads, or levels until the impure air had been, by further appliances, entirely dispelled; and it having been further in the said regulations provided that the colliers were forbidden to proceed towards or into their woe places at the commencement of any shift until it been intimated to them by the fireman or by the panel, as underground manager, he (the panel) having been well aware for some time prior to the 15th May that several of the colliers employed in or about the pit had been in the practice of entering the roads, levels, and working places where fire damp was, or was suspected to be, before the colliers' shift had begun, and without him or any one acting as fireman or as underground manager for the time having examined the roads, &c., did fail and I neglect to enforce the regulations aforesaid, and per- I mitted David Ramsay and other colliers to continue said practice. and on or about the 15th May the said now deceased David Ramsay, Matthew Mains, sen., Matthew Mains, jun., and Thomas M'Kerracher, all workmen engaged in the said shift, and all now deceased, having proceeded towards and entered the said roads, &c., or some of them, where fire damp was known or suspected to be, about four o'clock in the morning, or otherwise, before the said colliers' shift had commenced, and without the said roads, level, or working places, or any of them having been examined by the said fireman; and fire (limp having been accumulated in the said roads, &c., was, by the said deceased, or one or more of them, ignited, or otherwise did explode, in consequence of which they were killed, and thus bereaved of life through the culpable violation and neglect of duty of the prisoner. The prisoner pleaded not guilty, and was defended by Mr Alex. Moncrieff and Mr Dunn Pattison. John M'lndoe examined—l am manager and commissioner for Mr Dunn of Duntoeher, and have charge Of his works there. The prisoner Liddell ivas underground manager of Broadfield colliery, and of the pit known as the Prince Albert or New Pit There are general mid special rules applicable to said pit. (Shown and quoted several of the rules referred to in the indictment.) I remember the explosion which occurred there on the 15th May last. Walter Morris, senior and junior, David Ramsay, and Thomas M'Kellar, John Glen, and some others were said to be down in the pit. I saw the bodies of the deceased brought up, and saw them all after they were up. I was aware they were killed by the explosion. (The witness here read the 32d rule relative to the underground manager's duties, as set forth in the indictment.) Every man had a copy of the rules, and a copy was hung up. Cross-examined by Mr