Glasgow Courier. — 1853-07-26 (Glasgow, Strathclyde, Scotland)

HIGH COURT OF JUSTICIARY. FRIDAY, JULY 22. TRIAL FOR MURDER AT COWDEN CLEIMIR COLLIERY. The Court met again to-day at ten o'clock—the Lord Justice-General, Lords Cowan and Anderson on the bench. John M'Callum and William Corner, labourers, were accused of murder, in so far as, having conspired together, or formed the intention, to kill or to do serious bodily injury to John Donaghue, labourer, now deceased, they did, both and each, or one or other of them, on the 17th or 18th June (Friday or Saturday), at an old coal-pit known by the name of Poole's Hole, then in course of being cleared out, situated in or near Cowden Clench Plantation, in the parish of Dalkeith, and on the estate of the Duke of Buocleuch, in pursuance of said conspiracy or intention, with a rasor or other sharp instrument, cut the rope used for the purpose of lowering the workmen into the pit, through, or nearly through, at a part about seventy-five feet from the end to which the bucket was attached, and did thereafter wind and roll up the rope, no cut, upon the windlass over the pit; and on the 18th June (Saturday), the said John Donoghue having entered the bucket in order to descend, the pannels permitted him to do so, knowing that the rope could not sustain the weight, and proceeded to unwind the rope and let down Donaghue, in consequence of which the rope gave way at the point where it had been cut, and Donaghue was precipitated to the bottom of the shaft from a considerable height, whereby his legs were broken in several places, his spine was dislocated, and he was thereby or otherwise mortally injured, and died Immediately, or soon thereafter. The prisoners pled not guilty; and a jury were called. The Solicitor-General and Mr. Young appeared for the prosecution; Mr. Auld for M'Callum, and Mr. Watson for Corner. Mr. Sheriff Gordon proved the declarations of the prisoners. Mr. Henry Cadell, manager of the Duke of Buccleueh's coal works, and residing at Thornybank, Dalkeith, dc. pound that, in the beginning of May, he employed AVCallum to clear out an old coal-pit generally called Poole's Hole (so named from a suicide at the beginning of the century.) It was situated on the plantation of Cowden Cleuch, and about a mile from Dalkeith. M'Callum contracted to clear out the pit for lits &fathom, and employed Donaghue and Corner to help him. On Friday,the 17th June, there was no work at the collieries, it being the Dalkeith Sacramental Fast-day. Witness went to Poole's Hole next morning, immediately on hearing that a man had fallen down the pit. On the way be overtook M'Callum, who had been at Dalkeith for a doctor. He said to him he thought the rope had been cut. He asked him how that could be, and he answered he did not know, for he had not been near the pit since Thursday. When witness went there, he found that, by the assistance of some quarrymen, the body of Donoghue had been got up. The rope at the pit was wrought by a hand-windlass, with a handle at each end, and required two men to work it. There were two ropes attached to the cylinder, the one winding up as the other unwound, by which means two buckets were moved. The workmen descended the pit by the buckets. The shaft had been cleared out by this time about 18 fathoms-108 feet. The mode of working was for one man to work below and fill the buckets while the other two wrought the windlass. He believed Donaghue and Corner wrought by turns. This was an arrangement of M'Calluni's, as contractor. M'Callum was always above, so far as he saw. On examining the rope, he saw it had been cut. It was not a break from a strain, but it seemed cut almost right across by some sharp instrument. The length between the bucket and where the rope was cut was 75 feet. He considered Donaghue would fall about eight fathoms-48 feet. He ascertained that by taking the length of the rope cut, and allowing for the height of the windlass above the pit, and allowing the rope about four turns round it. It was quite a fresh rope, and had only been in use for that pit since they began the work. There were fiftyfour yards in the rope; and even if two of these had I been entire, he considered it would not have given way. M'Callum was evidently in a state of great agitation at the occurrence, but witness did not draw any inference from it at the time. Witness ideutified two pieces of 1 rope which had been preserved to show where the cut was. About eight days previous he had had an application from M'Callum to raise the contract-price of sinking the pit. He told hiin he had not been getting on no rapidly with his work as lie might have done, and he would not make any alteration in the price. He had previously raised the allowance when they got down 15 fathoms to IJs a fathom, and they wanted the price raised again. Theo. Stewart, overseer of the Dalkeith colliery, stated that on Saturday morning, the 18th June, about half-past six, John M'Callum came to him and said there was a man killed at the pit. He asked how the man was killed, but he did not give him a distinct answer. He (M'Callum) said he would go to Dalkeith for a doctor. Witness then went to Mr. Cadell and informed him, and immediately proceeded to Poole's Hole. He found the body had been got up. He examined the rope, and found it had been cut. He asked Corner if he was there the day before. He said he was not. He afterwards asked M'Callum the same question, and he said he had not been there. M'Callum was in a very excited state. He proposed to go and tell Donaghue's widow, and Mr. Cadell gave him 20s to give to her; but some one said it would be wiser like if sonic one less exoited should go. The rope seemed to have been cut through, all except, perhaps, three or four yards. Donaghue must have fallen fortyeight or fifty feet. The rope had been only four weeks in use • it should have lasted eighteen months. Recognised the pieces of rope showing the cut. In the afternoon he saw the two prisoners at Thornytank. The corpse had been taken there. He understood from them that they had been down at Fisherrow, telling the widow of the death. He said to WCallum, was he sere he was not at Poole's Hole on the Friday. Ile said he was so tired he had kept his bed the greater part of Friday, and was not out of the neighbourhood of Dalkeith all day. Corner said 'So was I,' meaning he was in the same case with M'Callum. By the Loan