Article from the Whitehaven Herald, 29^th November 1831

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Adjourned Inquest On The Death's Of The Persons Killed In Croft Pit, Held Nov 22nd

The jury began to assemble on Tuesday. About ten o'clock. A good deal of delay took place before they were all collected and called over. Several of them, we observed came out of an adjoining room, and two or three were called out singly. We did not, at first, understand this proceeding, but it was soon sufficiently intelligible to us.

As soon as the Jury, was called over, we addressed ourselves to the Coroner, and told him that some of the witnesses were present, and some were not, but that we would give him a list of those we wished to see, to prevent any delay in producing those who were not present.

Mr. Coroner desired us to tell him the objects we had in desiring to see them.

We told him that our general object was inquiring into all the circumstances attending the catastrophe, and that with respect to the light which each witness could throw upon them, that would be learned from the witnesses, when they were produced.

Mr. Coroner was very indignant at our answer, and said that he never heard of such a thing as refusing to inform a counsel of the objects for which witnesses were to be called.

We told him that we did not regard him as a counsel, but as a judge.

Mr. Coroner expressed great displeasure at our reply, and said, that as a judge, he had the more right to ask any question or make any observation.

Mr. Coroner then proceeded to charge the jury. He said they were again assembled in consequence of a note addressed to him by Mr. Robert Abraham, stating that he must hear further evidence before he could sign any more inquisitions. (Mr. Coroner here proceeded to enlarge on the conclusive nature of the evidence they had already heard.) Lest any inconvenience should arise from the obstinacy of that individual, he would make such an addition of the jury as would put it out of the power of any man to protract the investigation any further than was necessary.

The jury as well as another individual behind them, had all seen the bodies, and it would have been competent in him to have sworn in the whole 13 in the first instance, and there could not have been any difference of opinion to prevent their coming to a verdict, for he was sure there could not possibly be more than one man who could hesitate after the evidence they had heard. Indeed he usually impannelled a Jury of sixteen or seventeen when there was any suspicion of murder or manslaughter, but in this case where there was no reason to suppose that any one had contemplated either of those crimes, he thought it quite unnecessary to trouble more than twelve. "But I now find it necessary to swear in an additional Juror, that the Jury many not be detained any longer by the obstinacy of one individual.

Mr. Coroner here called Joseph Jackson.

Jackson is so well known in Whitehaven that it would be quite unnecessary to say any thing about him, except for the information of our readers at a distance. He was, we believe, originally a farmer, then became a policeman. He was defendant in an action brought against him for an outrageous assault, and was imprisoned for the damage. He came out under the insolvent act, and is now a watchman, and we believe ekes out a living by officiating, as bellman, distributing hand-bills, and acting as assistant to the sheriff's officers.

This person was then sworn and placed in the Jury box, and being asked if he had seen all the bodies, answered in the affirmative.

Mr. Coroner here looked at the Foreman of the Jury, and Mr. Foreman getting upon his legs, made a speech to the Coroner. He said, that he, as foreman, and the rest of the jury, thought the enquiry had now been persisted in long enough to enable them to come to a conclusion on the verdict required; that they thought they had been very unnecessarily detained by Mr. Abraham, to answer purposes of his own, and he (Mr. Foreman) would just hand in a few lines expressive of their feelings on the occasion.

Thereupon Mr. Foreman handed in to Mr. Coroner a bit of paper, which the latter opened and read aloud. We were unable to obtain a copy of this precious document, but the purport of it was as follows: - That eleven of the Jury had all made up their minds to sign a verdict, but that Mr. Robert Abraham "from party motives" refused to do so; that the Jury were very much inconvenienced by being kept so long from their houses and their business, and they prayed the coroner to take such steps as he thought fit to terminate the investigation. It also made sundry other imputations on us, the words of which we do not so distinctly remember as we do the charge of "party motives," and it was signed be the whole eleven Jurors.

We remonstrated with the coroner and with the Jury on these extraordinary proceedings, of which we cannot pretend to give any report, took place. The Coroner asked for our list of witnesses, which we declined giving him, and called on us to proceed with our inquiries, which we also declined; we told him that after the extraordinary step he had taken, after the indecent charge which eleven of the Jury had brought against us, and his own still more indecent and illegal conduct in reading it, that the investigation could not be prosecuted to any useful purpose; but that if he would fill up the panel to the full number of twenty-three, and make up the addition with names of respectable people, that we would be willing to go on. This Mr. Coroner declared to be impossible, as Jackson was the only man who had seen the bodies. We the them told him that as far as we were concerned, the investigation was at an end — that he had put a stop to it, legally perhaps, but quite effectually.

Mr. Coroner here read our note, which he observed "could tell no lies;" the note stated that witnesses whom we wished to examine would be in attendance; he accordingly enquired if any one was in the court who had any complaint to make. No answer was returned by any body. Here the Foreman stated to him that he and eleven of the Jury were agreed.

Mr. Coroner now, who seemed not a little vexed at the turn affairs had taken, reproached us with bringing him and "the Jury there for nothing."

We accused him of swearing in an officer of his own court, for the express and avowed purpose of getting quit of us when our enquiries might be displeasing.

Here a discussion took place, as to whether Jackson was or was not an officer of the Coroner's court, which was denied. The Coroner declared he had done it at the request of the Jury, to relieve them from a duty, which as men living by their industry, might prove oppressive to them, and to prevent the court being adjourned from day to day on frivolous complaints. The discussion continued very regularly, and after several attempts to explain our reasons for refusing to name any witnesses, in which we were always interrupted by the Coroner, and not always in the mildest manner, we sat down and took advantage of the first pause to say, that "we had no right to reply on the court, and certainly would not presume to do so without his permission, but that as soon as we had that permission, we were prepared to assign our reasons for the course we were pursuing, but that we begged he would not let us begin unless he was disposed to hear us out." Mr. Coroner requested us to proceed.

We then rose and stated to him, that he had now got a jury, of whom twelve had expressed their willingness to sign the verdict which he had prepared for them — one of them even without having heard it read to him, and without having heard a little of the evidence. That by so doing he relieved us from the responsibility which rested on us as long as there were only twelve men on the jury — which twelve men must necessarily be unanimous; that we felt sincerely obliged to him for having released us from a laborious and painful duty, and that as he could now do without our signature, there was nothing to prevent his getting such a verdict as he wished; and that as we did not mean to sign it, there could be no use in detaining, with our doubts, the twelve who had made up their minds to sign it. That we certainly neither would sign the verdict, nor pursue the investigation. That for our not signing the verdict we would give no reason whatever, because we were not bound to give him any, and it was no business of his what our reasons were. That for our not pursuing the investigation, as we had promised, our reasons were these: That his ideas of law and justice, and of the proper course of enquiry, and of the method of obtaining evidence were so different from ours, that even on Monday week, when we were so circumstanced that he could not possibly get an inquest without us, we were perpetually impeded and obstructed by him in what we considered our duty; that to some important questions he would let us have no answers, and that to others we only got answers by positively telling him that we would sign no inquisitions until we had such answers. And that now when we had no such means of enforcing the production of evidence, - now that eleven of the jury had formally declared that they wanted no more evidence, - now that he had sworn in a thirteenth juror, for the express and avowed purpose of stifling our enquires if they grew disagreeable — and now that all the twelve had expressed their willingness to sign the verdict, he had tendered to them — that any further investigation would be worse that a mere loss of time; it would be an absurdity, a mockery of justice to which we would not lend ourselves.

Mr. Coroner, after hearing us our, replied rather angrily. He told us that it would not end here; that he would apply to the Court of King's Bench, for a Mandamus to compel us to give our reasons for not signing the verdict.

We replied, that we had not the least objection to his doing so. That we should be very happy to meet him in the Court of King's Bench, and did not doubt but that we could give the Court very good reasons for withholding our signature.

Here Mr. Coroner again called on any person who had any complaint to make to the court to come forward. Nobody volunteering, he cast his eye upon a man in the crowd and called him forward.

James Dodd sworn, and examined by the Coroner — Is a collier; was in Croft Pit when the explosion took place. — The blast happened a little before three — about half-past two. We were in the air course then — I was not hurt. It blew our lights out — we got our lights again and proceeded to the Bannock band. The lives were lost in the main band. William Symon, Daniel Cain and I went on to the Inbank head; proceeded to a door which we found tight; we secured the door. Met some men coming up the inclined plane leading from the main band. They recommended us not to go on; the stifle was strong; we persuaded them to turn, and they all went back with us. Met Thos. Benson in the main band; met with Joseph Fox and we all went forward together. We met two doors broken open a little shattered. Went on and found a man called Joseph Freckleton, on the road. We helped him up, and he could talk and walk. Further on we found Alexander Garraway (the father.) The air was going on the right road all the time. This might be about four o'clock. Then we went further and found another lying, McMinn; we took him up and sent him off towards home. Went forward and found a dead body. We proceeded to the air course pit — examined that — the air going as usual — came back to the points — took on another contrary road to a stop — found a door open and shut it. Went forwards to the brow foot. Found the stithe strong. Another hour was gone. Met Edward Fox and I told him what we had done. Afterwards got to the top and found several of the men lying dead. — This might work on until six o'clock. The first man we found was a man named Little, who was not burned. The air was then as usual and had been. Found he was dead. We looked for more. Heard a shout — it was from Mr. Peile, and Mr. Williamson Peile, and Mr. Jackson. The air was never off the spot — going about the right road — the stithe raised a great dust. Mr. Peile and Mr. Jackson arrive about six; I staid about till late on the day;

His Deposition was here read to witness.

By a Juror. — I have worked 50 years in those pits; never in any other. Always Croft Pit worked in a proper manner. Whenever I applied to the head master, had redress. Never wanted stone or wood. The stewards were regular in attending, for anything I knew to the contrary. We warned each other when we apprehended any danger. That day a man told me they were ordered all to work with their lamp tops on — they apprehended a fall. The lamps are not found — do not know whether the tops were on or off. They were ordered to work with their tops on — I think.

Thos. Benson was then called, we think on the suggestion of Mr. Peile. — Am a collier — employed in Croft Pit — I left home at one. (Witness proceeded in his narration too rapidly for us to write all he said; the Coroner making no minutes.) I went down — the stithe was too strong — could not proceed. Air was going its right course. While I was there, attempts were made to get up to the pit top — up to the bodies. Those attempts were several times defeated. I saw two bodies got.

This examination so far, was not taken on oath, but the Coroner now observed "I'll begin there." and swore the witness, and examined him as follows — Can't tell when I got to the brake pit top; I had no watch, I saw bodies lying on their faces — Saw different bodies round them. — (Mr. Peile here explained that by the "brake pit top" was meant the area round the top of the pit, which ascended from the level where the witness was, to that in which explosion happened.) The two Little's were lying at the steer bottom, and Partleton between them, on his back with his head downwards, on a wall, which had been blown down. James Queen was lying on the steer head; I turned him over on his back. The witness here named the persons whom he had found; most to them it appeared were lying on their faces. Hugh Hannay was lying on his back. Bolton was lying on his back with no breeches on. Mr. Coroner; "What has that to do with it, Thomas?" Witness; "I dunnet knaw indeed — his britches were gone." The pit was well aired — was skilfully wrought. I have been employed three years and a half in this pit.

Mr. Coroner — "Have you any thing more to add?" "I have not." Here a juror expressed very loudly his opinion of the conclusiveness to the evidence.

Mr. Peile here made an observation. Witness — "I would have been among them, if I had not gone to Kells for a spade

Mr. Coroner here asked Mr. Peile if he had anything more to ask of witness? "Mr. P. said he had not.

By the coroner. — "Was the pit in a good state?" — "Yes."

By a Juror. — There was no danger that I saw. I was a joiner but now am a blaster. There was plenty of material in the pit; if we could have got at it for the stithe. We worked with our tops off about 200 yards from where the explosion happened. They worked with their tops on in the shift where the accident happened.

Mr. Coroner here called for Joseph Fox to appear. One of the jury observed, that they had had Fox before and that his evidence was very short. Mr. Peile observed that Fox was the deputy-overman.

Joseph Freckleton sworn. — Was struck by the blast. Was helped up, but does not know by whom. Two men carried me away. Know nothing how this happened. I was sitting betwixt two doors, and it came and knocked me down. I got up and was knocked down; I was knocked down a third time, and after that I knew no more.

By Mr. Peile. — What distance did you run from your being knocked down the first time, to your falling down at last? Witness — "Fifty or sixty yards." Mr. Jackson observed it was about thirty yards. The Coroner said fifty yards would be about twice the breadth of the street. The witness said then it could not be less.

By the foreman. I have worked 2 or 3 years in the pit. I never heard any of the men object to working in it from its being considered dangerous.

Mr. Foreman here observed that the testimony of all the witnesses was alike on that point, and, from the first, one confirmed the other ; and he thought Mr. Abraham must now admit that his doubts were unfounded.

We declined making an answer, or taking any part in the investigation.

Mr. Coroner here asked Mr. Peile if there was any further he wish to adduce. There had been insinuations, to call them no worse, but he thought them direct charges, of something amounting to culpable negligence. There had been no evidence of anything of the kind yet adduced. If Mr. Peile thought it necessary, on that account, to call any more witnesses, he thought the Jury would not grudge the time necessary for hearing them.

Mr. Peile said, he was always desirous of the fullest investigation; that the witnesses who had been first on the spot, had been produced, and he was ready to give any further information in his power.

Mr. Coroner said, that from the first, he had always foreseen how it would end, and that not a little of evidence had been brought forward, to support the imputations that had been made.

We here stated that we had made no imputations whatever against Mr. Peile. That imputations had been made, which, from the extraordinary measure adopted to stop the investigation, were yet hanging over the gentlemen connected with the collieries; but that all that we had done, was to insist on examining whether there was any ground for imputation or not; and we appealed to Mr. Peile if we had cast any imputations on him.

Mr. Peile acquitted us of having done so.

Mr. Peile observed, that he thought if Hugh Smith had any thing to say — If he had any charge to make — he ought to come forward.

Mr. Coroner here read his deposition.

Mr. Peile said, that Smith was only there for a very short time, if there at all. A number of witnesses then had questions put to them, on this point. James Dodd did not know — Smith might be there for any thing he (Dodd) knew. James Fox did see him, but could not recollect at what time. William Symon recollected seeing him about three quarters of an hour after the explosion. Coroner — "You must have been misinformed Mr. Peile." Mr. Peile here objected to Smith's statement that four hours had elapsed.

Smith's deposition was read,

Mr. Coroner - "Have you any thing further to add to this deposition, Smith?" Smith — "I have nothing to add to my first evidence."

Here a long and very irregular conversation took place between Mr. Peile, Mr. Jackson, and Hugh Smith. The Foreman of the Jury asked him what time he was at home on Saturday morning? Smith said, he believed about six, but he had no clock or watch.

Here another irregular conversation took place, in the course of which, we whispered jocularly to the Foreman and the Jurors near us that we thought that they had used us unpolitely, in imputing motives to us for differing with them, while we had carefully refrained from imputing motives to them. Mr. Foreman took this up rather warmly. The Coroner insisted on knowing what the Jury were whispering about and said he would allow no whispering in Court. He was told, and the Foreman proceeded to say, that he thought we had used the Jury unhandsomely by printing their names, with their descriptions (such as publicans, police officers, and the like) in the Herald; that when they were all met on Saturday night on the first adjournment of the inquest, they had sent to us to request the perusal of the Herald, which Mr. Foreman continued, to do us justice, he must say, we had sent; and that, on seeing the way in which their names were printed, they had felt very much offended.

Mr. Coroner — But that did not influence you to send me the memorial?

Mr. Foreman — Oh, no, our minds were made up as to the verdict, and to Mr. Abraham's conduct.

We here observed, that we did not doubt that, as Mr. Coroner and the Jury had taken very opportunity of telling us, that their minds were made up from the first, to agree to a certain verdict, and that the consequence was that Mr. Coroner had sworn in a thirteenth juror, for the purpose of stifling any inquiry which might lead to an opposite conclusion.

Mr. Coroner was very angry at our making this charge against him, and threatened to put down our words.

We told him that we would not shrink from what we had said — that he had sworn in a thirteenth juror, for the purpose of stifling inquiry.

Mr. Coroner directed his clerk to take our words down, which was accordingly done. While this was doing, we told him, that he had imputed to us improper motives, for persisting in the inquiry, and that we considered ourselves quite justified in telling him what we considered to be his motive for a step, which, he avowed, was for the purpose of stopping the inquiry. That if he chose to go to the courts above, they would protect us in our rights as a juror, which he had invaded, as much as they would protect him in his office as coroner, as he knew full well.

Mr. Coroner here addressed the crowd below the bar, with much animation. If there was any of them who had any thing to say let them come forward? We wish to come to a proper conclusion. We wish to have every one from whom information can be obtained. Is there any of you that has anything to say to the court, let him come forward.

A man, who gave his name Robert Macdonald, said, that he knew a collier who had told him, that there was a want of wood in the pit, in consequence of which, relief could not be had in time. But he would not tell his name, for fear he should forfeit the man's work. Mr. Peile, casting on Macdonald a searching glance, asked him at what pit he worked; to which Macdonald replied, "Oh! I don't work at any of your pits at all!" The manner in which the question was asked, and the answer was given, excited much merriment. The Coroner here read a deposition to witness, and had some discussion with him. Mr. Coroner urged him to reveal his informant's name. This Macdonald declined — said that the man's living depended on it — but that if the Coroner would insure the man a hundred pounds in case he was turned out of employment, in consequence of his evidence, that he should have his name. Mr. Coroner told the witness, that he would not give a hundred pounds for them both, "clothes and all."

Here the Coroner again addressed the crowd below the bar — "If any on you have any complaint to make, let him come forward boldly and manfully."

Here was a long pause.

Mr. Coroner here observed, that he should be glad to hear any further evidence. That he was sure that this adjournment of the inquest had only been for the purpose of keeping up excitement. That no one could suppose that the pit had been set on fire on purpose.

Mr. Foreman observed, that, with respect to any charge of recovering the men, experienced colliers all said that no man could live three minutes after being struck be the fire damp.

Here a long, disorderly conversation took place, in the course of which, somebody said that Dr. Fox was of the same opinion.

Mr. Coroner now put Alexander Garraway into the box, who answered in the affirmative, the following questions by the Coroner. You lost two sons in Croft Pit on Saturday week? No body can speak more feelingly on the subject than you can? Is it ascribable to accident? Pure accident? No bad management of the pit? Could not have been controlled by any body? And then turning round to the jury, Mr. Coroner said, "Can there by any testimony stronger than that?"

Mr. Coroner here asked the Jury if they were all satisfied? The twelve replied, "All, All!" "That it was accidental?" "Yes, of course!"

Mr. Peile here made a speech to the court and to the Jury. He said that an idea might go abroad, that there was a scarcity of wood in the pit, and that lives were lost in consequence. Now it might not happen that the wood was lying where every might lay his paw upon it, just at the moment when it was wanted; but there was at least 300 dozen of wood lying about the pit. That they always kept; 40, 50, or 100 dozen ready cut in the granary yard, ready for giving out, and such a quantity at every pit as was likely to be wanted, but it was impossible to have it lying just on the very spot where an accident might occur.

The Coroner here read the inquisition on Cormack Morris, which he had filled up with a verdict, stating that Cormack Morris, in consequence of certain burns, met with his death "accidentally, casually, and not otherwise." He also read an inquisition on William Little, filled up with a verdict to the same effect, substituting suffocation for burning as the cause of death. He then turned to his clerk, and said, "James, you'd better go round and get the verdicts signed and tender each to Mr. Abraham, as you come to his name.

The clerk accordingly offered the first verdict to us; we read it, and as soon as we came to the words "accidentally, casually, and not otherwise, "we declined signing it. Mr. Coroner, who was at the other end of the room, talking to Mr. Peile, inquired of his clerk, "What is it? What does he mean?" To which the clerk replied, that we objected to the words "accidentally, and casually." Mr. Coroner observed, "Oh he means intentionally then — that's murder." We remonstrated with Mr. Coroner — told him that he acted illegally in dictating to the jury their verdict, and in commenting on the refusal of a juror to sign — that we were not accountable to him for our reasons for not signing, and that we considered his observation a very improper one.

The remainder of the verdicts were then tendered to us, read by us, and rejected, one by one. We observed, that they were most, if not all, ready signed by the Coroner and the Foreman, and several of them had five or six names besides, affixed to them, among which we read that of Oliver Ussinson.

When they were all signed, and laid on his desk, Mr. Coroner resumed his seat.

"Gentlemen of the Jury, hearken to your verdict."

Here the inquisition on Cormack Morris was read.

"Is this your verdict?"

Jury — "Yes."

The same formalities were gone through with the verdict on William Little and his brother.

"Your other verdicts (naming them) are similar, namely, that they died by being burnt?"

Jury — "Yes."

"Gentlemen of the Jury, I thank you; you are discharged."`

We asked the Coroner if he would allow us to copy the memorial, handed in to him by the Jury. His reply was "Certainly not; it was merely meant for the court." The Foreman likewise refused to give us a copy of it.

We may add, that all the verdicts are, setting out of the question the manner in which they were obtained, informal. One of the Jury could not write, and they only contain eleven names of Jurors, the twelfth signature being merely a cross, without attestation. This makes the inquisitions mere waste paper. (See the case of Rex v. Bowen — Carrington and Payne's Rep. Vol. 3, part 3.) This cannot be remedied now, as the jury is discharged; and to alter a deed after execution, amounts to felony, and any one making the experiment, might run the risk of becoming practically acquainted with the nature of asphyxia.

THE EXPLOSION AT CROFT PIT

The termination, for the present, at least, of the investigation of the circumstances connected with the dreadful catastrophe which occasioned the loss of twenty-three lives, has left us at liberty to enter upon the subject, and to lay before our readers our own ideas of its causes and nature, and of the credibility and tendency of the evidence adduced.

There are three distinct questions to which the attention of the public will be and ought to be directed. The first is the composition of the court before which, and by which, the investigation was made; the second, is the conduct of that court, whether impartial and legal or otherwise; and the third, is the evidence on which the court decided.

With respect to the conduct of the coroner and the jury, as we shall feel it our duty to bring it before a superior legal tribunal, it would be highly improper for us to appeal to public opinion. Of it we shall therefore not say one word. It is true that we have not been treated with equal delicacy. The coroner, who ought to have known better — the jury, of whom nobody could expect any thing better — and the editors of two newspapers, who ought at least to have affected some regard for decency, have assailed our conduct even while in the discharge of a solemn duty, which, in the eyes of the most unprincipled and most ignorant men, ought to have been a protection to us, at least so long as we were actually invested with the judicial function; these persons have assailed us with the foulest imputations, in the most unqualified language. For what can be a fouler imputation against any man, than to say that he has carried "party motives" to the judgment seat, and after he has sworn to do justice without fear or favour "to present no man through hatred or malice," to accuse him of prostituting his brief authority to the gratifying of his private vengeance? No, if we felt ourselves capable of doing any thing so base, if we were conscious of having done any thing to warrant such an accusation, we should feel our-selves clothed with "infamy, as with a garment," and we might then stoop to extenuating our own conduct, or criminating others. But reposing as we do on the purity of our motives, and the correctness of our conduct, we feel no solicitude respecting the opinion of that public whose sympathy we know well is ever on the side of those who brave obloquy and insult in the cause of justice and humanity; and knowing as we do, that it is impossible in a country, where there is even a shadow of respect for the forms of justice, for such conduct as that of the parties who signed the verdict of Tuesday, to pass unnoticed by the superior authorities, we willingly refrain from saying one word to add to the indignation which the bare narration of their proceedings will excite.

Before proceeding into the details of the case, it may be as well to observe that it is invested with an awful interest. The destruction of twenty-three human beings, is in itself no light matter; but the suddenness of the catastrophe renders it sill more painful to contemplate. It is an awful thing even for one human being to be hurried to his last account, without one moment for penitence of prayer. In all times, even up to the present, it has been held to be the greatest aggravation of the crime of the murderer, that his stroke leaves the victim no time for repentance. Even our great dramatist has painted a son, burning to avenge his father's death, hesitating to strike the murderer, lest he should plunge a soul into eternity loaded with the weight of the mortal sin he was about to avenge. The sentiment is based alike on natural feeling and religious principle. There are few religious creeds, which do not enjoin it as a pious action to pray for the souls of those who are cut off by sudden death. Many an "antique oratory" and mouldering fane attests the piety of our Romish fathers, who accounted it a holy deed thus to purchase forgiveness for those who had died "unshriven and unabsolved." And though our reformed churches have rejected the doctrine, that mortal intercession can avail between man and his creator, there is yet more urgently imposed on them the duty to omit no effort to save their fellow creatures from that sudden destruction, which thus renders all human efforts unavailable.

And though the death of twenty-three human beings is a matter of such grave importance in the eyes of all who are endowed with human sympathies, it is not to this alone that our view of the case must be restricted. This is but one of a series of catastrophes scarcely differing in their nature, some more, some less, calamitous in their effects. The number of persons who have perished in the collieries round Whitehaven, is almost incredible. Upon the most moderate calculation, not less than ONE HUNDRED AND SIXTY persons have been killed within the last sixteen years, principally by explosions, and of these nearly a third in Croft Pit alone. This is an average of about ten annually, and estimating the actual number of persons employed in the collieries at one thousand, it is a fearful average. Lord Lonsdale draws a great revenue — the people of Whitehaven many advantages — eight or nine hundred families their living, from these collieries; but this periodical immolation — this annual sacrifice of the blood of nine men, is a fearful price to pay even for those advantages, great as they are. There is an awful responsibility both as members of a civilized community and as accountable moral agents, upon those who drive the bargain of human life against gold. There is a responsibility, not less awful, shared by all, who, whether as proprietors of such pits, or as judges, or as mere spectators possessing a moral influence, have the means in the smallest degree of controlling the operations of a system; which, like the idol car of Juggernaut, crushes a human victim at every turn.

The law of England has wisely provided that no man who has come to a violent end shall be buried without a judicial investigation into the causes of his death. The principal object of this investigation, is to present such individuals, if any, as by force or by neglect, more or less criminal, may have been accessory to the death of the party, in order that they may be punished or absolved by a superior court; or in case there be neither violence nor criminal neglect, so to distinguish the causes of death, as to insure the prevention, as far as human exertions may, of the occurrence of similar calamities.

Now the duty of an inquest holden upon the bodies of the persons who perished in Croft Pit, was of a very important nature. Among other matters, it was especially their duty to look into the general system of working the coal, and to ascertain both the general causes which rendered accidents so frequent, and the particular causes which led to this accident; to ascertain that the pit was not worked on a system necessarily destructive to human life; to ascertain that proper persons were employed to discharge every duty connected with the management and working of it, and that, individually, they did discharge their duty properly.

In order to answer the ends of justice, it was necessary that the Coroner and Jury should be intelligent and independent men. First of all, it was necessary that they should be intelligent because, if not so, they would be incapable of entering into so extensive an inquiry as it was their duty to enter on, with any prospect of their coming to a proper conclusion. It was necessary that they should be independent, because they had to examine and to judge the conduct of powerful men and of the agents and underlings of such men; if they were not independent, and it became their duty to censure, perhaps to accuse, to impeach of crime, their duty would place them in painful conflict with their interest of feelings, to which their duty might possibly yield; and if they saw no reason, otherwise than for a verdict of acquittal, of absolution, such verdict coming from men who were not independent of the influence of the parties they were judging, would command neither respect nor confidence, and the whole transaction might be regarded as a mere trick to protect powerful criminals.

If the parties, who might be criminated or censured, had any influence over the appointments of their judges, a strong argument as to their innocence or guilt might be drawn from the manner in which they used that influence. If they were honourable men conscious of innocence, they would naturally be desirous of being tried by a court, which from character and station might be expected to make a full and impartial enquiry, and whose verdict, if in their favour, would carry with it such authority as would absolve them in public opinion as well as in the eye of the law; of men above the suspicion of servility or interested motives. But if they wished to conceal negligence or misconduct, to smother investigation, and to be allowed to persist in a guilty career, they would instinctively shield themselves behind a tribunal, it such could be found, which from its composition might be expected to be under their own influence.

It is impossible for us to say whether the colliery agents or their underlings had or had not any influence over the selection of the jury, which sat on the 12th of this month. We should hope that they had not; because if they had, their making such a selection, would be the strongest evidence, that they durst not trust to a jury of men likely from station and character, to come to an impartial and enlightened judgment.

The Coroner of the Court, (Peter Hodgson, Esq.,) is one of the legal agents of the Earl of Lonsdale and is the steward of his Court Baron. In local and general politics Mr. Hodgson is a strong, not to say a violent partisan of Lord Lonsdale.

The officer who returned, or ought to have returned, the list of jurors, is Mr. Curwen. Mr. Curwen is assistant overseer or constable, if not both, in Preston Quarter; a district where Lord Lonsdale is predominant and is the principal ratepayer. Mr. Curwen, it is quite notorious, is only kept in his office by the influence of Lord Lonsdale, the proprietor of the pit, wielded by his agents, who are responsible for its management.

John Bell is the keeper of the House of Correction; he was placed in office by the Magistrates, who are nominated by Lord Lonsdale.

David Frears is an auctioneer and a Sheriff's officer, that is a bailiff.

Jonathan Boadle is a publican; and one of Lord Lonsdale's tenants. It was at his house that the jury and witnesses had their guzzle, usual on such occasions in Whitehaven. This has been usually charged to the parish, which has latterly refused to pay. Who paid for the entertainment on this occasion we do not know, though it might be an interesting subject of enquiry, especially as all the witnesses were not invited to it.

Oliver Ussinson is an individual whose profession it is rather difficult to describe. He has been occasionally employed as a copying clerk in several attorneys' offices.

William Leslie is a pensioner (on Chelsea Hospital, we believe) occupying a small house in Preston Quarter, where he has not resided more than two or three months.

Joseph Jackson is now a watchman, bellman, bill- distributor, and bailiff's assistant. He was a policeman, and was discharged, after being imprisoned for a violent assault.

Philip Jackson was formerly a staith-keeper of Lord Lonsdale's; is now a sheriff's officer or bailiff.

Jonathan Burnyeat is a joiner, and son-in-law to one of Lord Lonsdale's farmers.

William Kewley is a Whitehaven police-officer; and in constant attendance at the magistrate's office.

Thomas Trohear is a clogger somewhere about the Ginns.

Jonathan Bowman is a working shoemaker, some where in the same neighbourhood.

James Hewitt, formerly huntsman to Lord Lonsdale, or to Mr. Peile. Was formerly a collier, and has now the care of one of Lord Lonsdale's waggon-ways, and is in his Lordship's pay.

There is one other circumstance, which we mention here to avoid any thing like offensive personal allusion. One of the Jury is a near relation of the gentlemen on whom a large share of the criminal responsibility (if any) of this calamitous affair rests. Now, without meaning to say that there was any probability of such an event occurring, we will ask could there be a more scandalous outrage on decency and justice, than to place a father in a situation in which, by any possibility, his duty might call upon him to criminally accuse his own son?

We are informed that the only persons in this list who are rated ten-pound householders, are the Coroner and Jonathan Boadle. We are sure that it would puzzle Mr. Coroner and Mr. Foreman to account for the impannelling of this jury on any recognisable principle. We say Mr. Coroner, because as he did us the honour of turning on of these gentlemen out to make way for us, he might just as easily have turned out the other eleven if he had not liked their character & appearance. We do not be any means mean to say that this Jury could not, or did not, act impartially; but we do say, that if the persons whose conduct they ought to have reviewed, were not entirely blameless, a conflict must have taken place between their duty and their inclinations — and whether they were likely to sacrifice their duty, is not for us to judge. Nor do we mean to accuse Lord Lonsdale or his colliery agents of any thing like direct or indirect interference in the appointment of this jury. We believe the abuse has arisen from the improper and illegal practice of treating these Juries at the public expense, which has made it an object with low hungry dependants to be on the panel, and has driven away respectable persons. But we do say that if such another melancholy case occur, and alas it is but too certain that such a one cannot be far distant, and if Lord Lonsdale or his agents have any direct of indirect influence over the constitution of this court — we think they will not deny that they have some. — And if, after this exposure, they do not exert that influence to procure a Jury of the most respectable and intelligent men that Whitehaven contains — we do warn them that the public will conclude that they are conscious of some crime of so deep a dye, that they are willing to suffer public infamy as the price of concealment. But we hope better things of them.

So much for the constitution of the court; the conduct of the court, as we observed, is a subject for the consideration of another tribunal than public opinion; the general nature of the enquiry, and the tendency and credibility of the evidence, we must defer until next week. Sure we are that the subject will not speedily lose its interest.