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Miscellaneous Underground. Accident No. 53 occurred at Mickley Colliery, to a boy named Robert Gair, a trapper at that colliery. He, poor boy, had left the door, of which he had charge, and followed an empty set of tubs drawn by a horse, and which had just passed through his door, to a flat on the inbye side (a very common practice, although contrary to rules, but the temptation to do so is great in order to relieve the monotony of their employment of opening and shutting the door, and being quite apart from other boys), and after spending a little time there, set off to reach his door before the arrival of a set of full tubs which were about to start ; immediately on his starting, a hewer, named Joshua Rutter, in coming outbye was passing the set, and leaping on the first tub, persisted in having the whip from the driver in charge, with which he flogged the horse into an unusually quick pace ; the poor boy running in front had it is presumed through this lost his light which he carried, and his progress being retarded in consequence (if he could have escaped even with his light in), was run down by the horse, and then was crushed by the tubs. The evidence went to show that Rutter had opportunity of knowing and probably did know that the boy Gair was going before the set, but was regardless of consequences. It was also adduced that the special rules provided that no one was allowed to ride on the tubs, but in practice they had not been prevented ; yet there was a special order that no one on any account was to ride on the first tub of the set, this being for the purpose of preventing interference with the duties of the driver. At the inquest the verdict of the jury was one of "manslaughter" against Joshua Rutter, (and in my opinion a very proper one,) on which he was committed by the coroner for trial at the assizes.
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