Single Record

Full Details

Surname

SMITH

Forename

Philip

Day

30

Month

04

Year

1926

Age

Occupation

Miner

Mine/Quarry Name

Polmaise, No.2 Pit

Mineral Worked

Coal

Owner

Archibald Russell Ltd

Location

Stirling

County

Stirlingshire

Details of Event

30 April 1926: Pit Fatality – Shot Firer Fined – Trial At Stirling – The trial look place in Stirling Sheriff Court, yesterday, of William Hickie, shot-firer, Cambuskenneth Abbey, on a charge of contravention of the Coal Mines Act, 1911. The charge was that on 30th April, in No.2 Pit, Polmaise Colliery he, being a person authorised to fire shots, did (1) fire a shot in the coal face, and did fail to see that all persons in the vicinity of said shot had proper shelter, and did fail to take steps to prevent any person approaching said shot; (2) did fire two shots electrically in the coal face, and did himself fail to couple up the cable to the detonator wires; and (3) did fire electrically the first shot mentioned in the first charge without coupling up the cable to the detonator wires and did fail to immediately examine before the shot was fired, with a locked flame safety lamp, the place where the said shot was to be fired, and all accessible places within a radius of 20 yards from the said place, and find them clear of inflammable gas. and in all respects safe for firing. The trial was the sequel to the firing of a shot which caused the death of one miner and injury to another. Accused pleaded not guilty, and was defended by Mr George J. Sheriff, solicitor, Dunfermline. Mr Cassells, solicitor, Falkirk, watched the proceedings on behalf of the relatives of the deceased. Mr J.R. Archibald, Procurator-Fiscal, conducted the prosecution. Robert Muir (60), colliery manager, Millhall, gave evidence as to the working of the pit and the manner in which shots were fired. Accused had been in the employment of the Company for some years, and was a competent shot-firer. He knew what warnings and signals were required in the firing of shots. Witness could give no explanation of the accident. George Smith (36) , miner, Smarts Close, Bannockburn, deponed that on 30th April he was working along with his nephew, Philip Smith (deceased), in No.2 Pit. Polmaise. It was the last shift prior to the commencement of the mining dispute. Prior to the shot going off, Hickie gave no warning; of his intention to fire, and had not examined the roadway on each side. He would not say Hickie was a competent shot firer. Witness went into the place two minutes after the shot was fired. The Fiscal - “What right had you to do that?” Witness - “It being the last day we were busy cleaning up to get away.” The Fiscal - “You were all in a desperate hurry that day?” In cross-examination witness denied that they were all in a hurry to get away, and were prepared to do anything. Joseph Dick (23), miner, 9 West Murrayfield, Bannockburn, said that after the shot was fired he found the previous witness in a fainting condition, and saw that Philip Smith was killed. He did not hear any person shout " Fire!" He denied that they were all in a hurry to get away as it was the last shift prior to the strike. His evidence was that the section was "just being run anyhow," the regulations not being observed. At this stage accused's agent intimated that his client had decided to plead guilty to the first charge, and the latter part of the third one. This was accepted. Sheriff J. Dean Leslie said he was glad for accused's sake that the other charges had been departed from, because he could not have accepted the evidence of Smith or Dick. He hoped the evidence as regarded the working of the pit and the conduct of accused as firer were grossly exaggerated. He could not understand these men allowing such a state of affairs to go on, and that the management should not have spotted it. He did not accept evidence as a true story in regard to firing, but on this occasion everybody seemed to be in a hurry to get out of the pit. However, as accused had pleaded guilty, he would impose a fine of £5. [Scotsman 20 November 1926]