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On the night of 8 December 1908, Matthew Rutter, 50, became involved in an argument with 17-year-old Albert Mundell at the bottom of the shaft at Brancepeth Colliery, when Mundell accused the rapper man of being late. On arrival at bank, Rutter hit Mundell in the face, and the lad then struck him on the side of the face with his lamp. Rutter suffered a fractured cheek bone and died of blood poisoning on 18 December. Mundell appeared at Durham Assizes on 30 January 1909, charged with the manslaughter of Rutter. After hearing the evidence, the judge directed the jury to find Mundell not guilty.
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