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No. 255 on the list occurred at Langley Park Colliery belonging to Messrs. The Consett Iron Co., Ltd., on July 23rd, and caused the death of a hewer. This accident was caused by the deceased man not having set the timber necessary, under the General and Special. Rules, and also some regulations respecting timbering the manager had drawn up under Special Rule 119, and posted, on the pit heap, for the safety and guidance of the workmen. The place in which he was working was 5 feet 10½ inches high, 15 feet wide, and, at the time of the accident, was kirved 3 feet 6 inches in, right across the face ; he was finishing the kirving and touched a "sooty" back and about 5 feet of the coal at once fell onto and killed him. General Rule 22 states that "the distance between sprags or holing props, where they are required, shall not exceed six feet or such less distance as may be ordered by the owner, agent or manager." The manager had decided that sprags and holing props were required, in this seam, and, under Special Rule 119, had drawn up a Special Regulation dealing with the question worded as follows "In all cases where, during the course of working the coal, it is necessary to make a jud, suitable timber stays must be set, before commencing, to support the overhanging coal, the distance between such stays not to exceed 3 feet and where the jud has been made to a depth of 1 foot, sprags, not exceeding 4 feet apart, must be set across the full width of the place." To comply with this rule, in the place deceased was working there should have been three sprags set under the coal, whereas he had only one set and it was on the left side, about 4 feet from the end of the kirving ; the coal which killed him fell from the right side and was entirely unsupported. If he had set the sprags as required it is highly probable that the coal would not have come down, or if it had that it would have given him sufficient warning to get out of the way. As this is a question affecting many collieries and seams, I attach a cutting from a local newspaper (Durham Chronicle of August 1, 1902) giving an account of the proceedings at the inquest, hoping that the publicity so given may prevent similar accidents in future. On Friday evening Mr. Coroner John Graham held an inquiry at the Literary Institute, Langley Park, into the circumstances attending the death of Geo. Knight, who died on Wednesday week. There were also present Mr. R. D. Bain (H.M. inspector of mines), Mr. F. O. Kirkup (manager of the colliery), Mr. S. Galbraith (representing the Durham Miners' Association), and a large number of the workmen of the colliery. Mrs. Eliza Simpson, aunt of deceased, proved identity, and stated that deceased was 36 years of age. Mr. Kirkup produced a plan of the workings, showing the place where deceased met his accident, and also put in a special timbering rule which has been posted at this colliery for over a year. The Coroner read the rule to the jury as follows :— "(1) No person shall work under top coals unless it is securely timbered before commencing, and the supports are not to be placed at a greater distance than two feet apart, in a line with the place. (2) In all cases where during the course of working the coal it is necessary to make a jud suitable timber stays must be set before commencing to support the overhanging coal, the distance between such stays not to exceed three feet; and when the jud has been made to a depth of one foot sprags not exceeding four feet apart must be set across the full width of the place. (3) No person shall hew or fill coals from off the sides of places without official permission." He expressed the opinion that it was equally binding on the workmen as any of the special rules in force under the Act of Parliament. Robert Wright said the accident occurred in the busty seam of Langley Park Colliery, and at the time of the accident he was hewing six yards on the outbye side of where George Knight was hewing, and was able to talk to him. They were both in the same back shift, and had not been long at work. About 11.30 a.m. he heard a noise like coal falling, and shouted, but got no reply. He took his lamp and went into Knight's place, and found him under the coal. The coal was in large lumps, and he could do nothing by himself. He went for Robert Munsey, who was working a little over a pillar away, but they had to get further assistance. They got deceased out from under the coal in about a quarter of an hour. Deceased was quite dead. He was wedged face downwards by the coal. —By Mr. Bain: There was plenty of spare timber in the place. The gears were set close up. The deceased had been finishing his kirving in the right nook of a wide bord. The kirving was 3 feet. 6 inches deep. Deceased had only one punch prop under the kirving four feet from the left side. We kirve across the full width of the place, and then shoot or wedge the coal down, Deceased had been a miner all his life.—By the Coroner: Deceased had been employed at Langley Park Colliery for several years, and had worked both in the Hutton and busty seams.—By Mr. Galbraith: He examined both the coal and the stone. The stone appeared to be soft. There was a "sooty back" in the right nook of the coal. The coal had come away at the "back," but it was very unusual for a back-end to come away like this.—By the Coroner: He had worked at Langley Park for about 20 years. Copy of timbering rule handed to witness. Had known that a similar rule had been posted on the pit heap and that deceased knew of it, and had usually complied with it, but had not on this occasion, otherwise he would have had two punch props instead of one.—By Mr. Galbraith: Deceased would not have had a punch prop in where he was kirving ?—By Mr. Bain: An additional punch prop and stay would not have prevented deceased from working. It might have hindered him some, but witness could have worked. Robert Munsey, a miner, said he was working a little over a pillar behind deceased and the previous witness, but did not hear a fall of coal. Wright came and sought him, and they went into deceased's place. The coal pressing on deceased was too heavy for them to move until they got further assistance. When they got deceased out he was dead.—By Mr. Kirkup: He had heard the men speak about the timbering rule, but could not read it himself.—By Mr. Galbraith : It is quite an unusual thing for a "back-end" to come away before a sump shot is fired. There was, like a "back" running close to the side. Christopher Heaps, back-overman, said he examined the place after the accident. The bord was 15 feet wide, the coal 5 feet 9 inches high, and the depth of the kirving 2 feet 6 inches. The timbering rule was for the protection of the workmen to keep them safe. The deceased should have had three punch props instead of one. The one punch prop which was in was only 4 feet from the left nook, and so there was about 11 feet of kirving without a punch prop. The coal came away at the right nook, 5 feet across the face and semi-circular in form. There was a trace of a "sooty back" in the right hand side, which should have made deceased additionally careful.—By Mr. Bain: There was plenty of spare timber in the place. If the punch props had been used they would have held the coal up, or if not the deceased would have had ample warning and so saved himself.—By Mr. Galbraith: The "sooty back" was so slight that it was possible the deceased did not see it.—By the foreman of the jury : There were in the place ready for use 13 5 feet 6 inch props, six 6 feet planks, and three punch props 12, 15, and 24 inches in length.—By Mr. Galbraith : The workmen are allowed to choose the length of suitable sprags they require, but it was part of his duty to see that they used the right length.—By a juryman : If the additional timber had been put in it would not have prevented deceased from working. Props may be put in at a lesser distance than 4 feet, but in no case must they be more than 4 feet apart. Moses Morland, fore-overman, said he was overman in the district in which deceased met with his accident. He assisted in getting him from under the coal. He found the coal across the bord had left the roof, and to prevent it coming down he had two stays put against the coal to keep it up, and they were still holding up the coal. He entirely confirmed the evidence of Christopher Heaps.—By Mr. Galbraith: He observed a slight back, but it was not a "sooty back." It appeared to me to be simply a headways "cleat." The workmen's inspection book was produced, in which the workmen's inspectors, Messrs. W. Smith and H. Eccleston, certified that in their opinion it was a pure accident. The Coroner, in summing up, said : From what has transpired you can understand that what has been particularly dealt with is the notice that has been posted on the pit heap, and that this unfortunate man has lost his life through the non-observance of this rule. The special rule 119 gives ample power to the owners of this colliery to make such regulations as they think are necessary for the safety of the workmen and boys. It is not putting a penny into the pockets of the owners. It is an endeavour to save men and boys from injury and loss of life, and it would be very lamentable indeed if the owners did not take such interest in their workmen and did not make such rules with a view of preserving the lives of their workmen. I think this rule a binding one. In this instance the question has been asked if there was room for him to work if he had set sprags or punch props. It has been shown that he only set one, and the plan shows that there was ample room for more, and if he had set any in the right side there would have been room for him to work in the coal that came down 5 feet in width, and which killed him. It is utterly impossible to say that if he had set the timber the coal would not have come down. No one can tell what might or might not have happened, but it comes to this, that it is a man's duty to take every precaution for his own protection so as to give him the best possible chance of escape, and in answer to a question put by Mr. Bain, if it had not kept it up it would probably have given sufficient warning and perhaps it might have saved his life, which is the most precious thing a working man has. But I do not think it is necessary for you to lay stress on that matter at all. If you are satisfied that no official can be blamed in the matter, it is for you to say so. If there is any man to blame it is probably the poor man who has gone to his account; and in future we hope that men will observe the rules drawn up for their protection. The sum of the whole story is that no one is to blame but the man himself. The question of compensation will probably be fought out hereafter and does not concern you at all. The jury returned a verdict of "Accidental death by a fall of coal."
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