The Sun.
London, England, 1839-04-04 00:00:00

TUESDAY.

_
THE MURDER ON HORWICH MOOR.—At the open-
ing of the Court this morning at nine o'clock, thi,
case, which Mr. Baron Parke id his charge to the Grand
Jury had characterised as one requiring great attention,
on the ground of its being one of circumstantial evidence
merely, was called on. The Court was crowded ; and
both on the bench and elsewhere we noticed parties of
ladies.

James Whittle, aged 22, was indicted for the wilfu
murder of George Henderson, at Horwich, near Bolton.
le-Moors, on the 9th November last, by shooting him on
the right side of the head with a gun, charged with gun
powder and 5 oz. of lead.
The prisoner was placed at the bar attired in tin
holiday clothes he wore on the day of the murder ; viz.
a blue surtout of coarse " pilot cloth," a blue push waist-
coat with yellow spots, and blue trowscrs. He is about
five feet eleven inches in height, with a heavy, stolid
aspect, and what the phrenologists would call a large
development of firmness. He maintained silence during
the whole proceedings, and did not manifest any strong
feeling or emotion at any portion of the evidence.
Mr. Dundas. Mr. L. Peel, and Mr. Cross appeared
for the prosecution ; Mr. Wilkins for the defence.
Mr. DUNDAS stated the case. The deceased, he
said, was a young man twenty-one years of age, a native
of Scotland, and in the service of Mr. Jardine, of
Blackburn, it being his duty to go a certain round to
sell his master's goods, and receive payment for them.
The circuit occupied him a fortnight, but he was in ths.
habit of returninc, home every Friday, and in his route to
Blackburn he had' to cross Horwich Moor, a bleak wild
spot, upon which were some houses, called " The Five
Houses," in one of which lived a coal-agent, named
Garbutt, and in another the prisoner's father. The
deceased was in the habit of calling at Garbutt's, for
the purpose of procuring gold and notes for his silver
and copper, this being a mutual accommodation to Gar-
butt and himself. On the day in question another
young Scotchman, named Burrell, in the employ of
another tradesman, was to have met the deceased at
Garbutt's ; but Burrell, after calling there, had gone
forward over the moor when the deceased reached Gar-
butt's. About twelve o'clock a boy named Whewell,
who was going in a direction from the Five Houses to
some coal-pits higher up the moor, heard a low moaning
noise, and on searching about the spot, he found deceased
lying in a ditch, bleeding, having been shot through the
head. His pockets were torn out, and he had evi-
dently been robbed. Assistance was procured and the
deceased was conveyed to Garbutt's, where he died two
hours after he was found. The Learned Counsel then
stated the nature of the evidence generally for the pro-
secution, pointing out the circumstances affecting the
prisoner. It would appear, that about an hour previous
to Henderson being found, Burrell, while crossing the
moor, on his way to Blackburn, met with the prisoner.
The day was misty ; and the prisoner had a gun in
his hand, and had been shooting game on the moor.
The prisoner walked behind Burrell, who, happening
to turn round, saw the prisoner in the act of pointing
his gun at him ; but, upon noticing Burrell turn, he
dropped the muzzle of the gun, and asked if Burreli
had not seen some birds fly over. The Learned Gentle-
man, after stating a variety of circumstances to be
proved in the evidence called
Mr. Jonathan Hardman, surveyor, who produced
plans on paper of the country in the neighbourhood of
Norwich.
Thomas Whewell was on horseback before the
deceased, on the moor, and his horse being unruly
he swore at it, when the Scotchman told him he should
not swear. Having carried his brother's dinner to a
c ml-pit, about 400 yards from Garbutt's, not more than
ten minues afterwards, he was returning, when he heard
moans as if from the ditch. He saw spots of blood,
and being frightened, went to the tunnel, where he
saw a man named Fletcher and his daughter, Mrs. En-
twisle ; they returned with him and foulid the deceased
in the ditch, moaning and struggling dreadfully. The
day was very misty, and the ground was wet. Witness
did not see any gun or pistols lying near ; there was a
a good deal of ling on the side of the ditch, and a bundle
was lying in the ditch.
James Fletcher, banksman at the coal-pit, heard the
report of a gun about half-past twelve o'clock, which
appeared to come from the direction of the Five
Houses. It was raining, and he went into the cabin
with his daughter, and soon afterwards Whewell came,
and they went back with him. The deceased was
lying on his back in the ditch, and witness raised his
head upon his knee. Deceased was alive ; he clasped
his head and gave a sob. One of his eyes was blown
out, and the blood lay on his cheek. Witness and
Thos. Radcliffe raised him, and carried him to Garbutt's,
where he died about half-past two on the same after-
noon. There was a mark of gunpowder on the right
ear ; and blood was on the road for 2i yards near
the spot. Witness only heard one report of a gun.
The deceased's pack, umbrella, and stick, were lying
in the ditch. It was so foggy, witness could not have
recognized a person a dozen yards off. When witness
got to the tunnel, there was a strange man, like a navi
gator (excavator) lying on the floor of the cabin. Wit-
ness touched him with his foot and awoke him ; the man
rubbed his knees, and got up instantly. Witness had
not seen him since. He was about 40 years of age ; had no
coat, but a blue plush waistcoat with sleeves, and ribbed
trowsers. It was impossible for any one to have fired
the gun from the direction spoken of and then reached
the cabin without witness seeing him.
Thomas Radcliffe, who assisted in taking the de-
ceased to Garbutt's, stated that Henderson was then in
great pain and almost dying. Witness had seen the other
Scotchman (Burrell) that morning. Witness had seen
the prisoner shooting with Mr. Lambert. The deceased
was a quiet young man.
Mary Entwisle corroborated her father's evidence, as
to seeing the man in the cabin, and the deceased in the
ditch.
William Garbutt was at the door of his house when
Mary Entwisle came from the coal pits, to say the
Scotchman was shot. The prisoner, who had been speak-
ing to one of witness's carters, was then (witness be-
lieved) close at his right hand. He had then no gun with
him, but witness had seen him with one at eight o'clock
that morning ; he did see hint fire ; he saw some one on
the moor about. his size fire thrice as if at game, but at
the distance could not. distinguish the person. Witness
again saw the prisoner at ten o'clock without a gun.
When he came a little before one o'clock he asked one
of witness's men about a horse that was ill. When
Burrell came, he described to witness some man whom
he had seen on the moor. There was no building ex-
cept the cabin between witness's house and Belmont.
While the deceased was lying in the house, a man on a
gray horse stopped at the door, and had a glass of ale,
but witness only saw his back. Four or five other men
were apprehended on this charge, one of them, named
Corlass, was a keeper of Mr. Ainsworth's (M.P.)
Mr. George Wolstenholme, surgeon, Bolton, on exa-
mining the ceased, found a gun shot wound through
the right temple, and the charge had forced out the left
eye. The gun must have been close to the head when
it was dizcharged. The head was discoloured with
gunpowder. There were six shots or pieces of lead in
the brain, which from weighing them witness believed
to be No. 3 shot, as the six weighed eighteen grains.
They were uniform in weight ; by striking against the
frontal bone, shot would be slightly altered in shape.
Wm. Simms, a collier, called at Garbutt's about ten
o'clock in the morning, and as he left the house he saw
a Scotchman enter it. Witness went past the cabin,
where he met the prisoner (about half-past ten o'clock),
between the cabin and the stumps. Ile had a gun in his
hand, and was leaning on it. Witness spoke to him
and then went into the cabin, and had not been there
many minutes before an old tramp came there. Ten
minutes afterwards the prisoner came in without his
gun. He went out in a few minutes and walked to-
wards the stumps, but returned again in five minutes,
again without his gun, He was dressed as now, and
had a shirt or something tied in a handkerchief.
Win. Stott, a lad of 13, at work in the tunnel, saw
the prisoner, Simms, and an old tramp in the cabin. Ten
minutes afterwards witness saw there only the tramp and
the prisoner. At twelve o'clock, when witness got his
dinner, the prisoner was not in the cabin. When wit-
ness first saw him witness asked what o'clock it was, and
the prisoner said about eleven.

Benjamin Burrell, a travelling Seotchman in the ser-
vice of Mr. John Foster, of Blackburn, said he,iknew
the deceased, who was about twenty years of age; On

the 26th October, they had appointed to meet on tire
9th November at Garbutt's. Witness reached there
that day, a little after ten o'clock, arid stayed till , lcven,
and as Henderson cid not come, he their west away
across the moor, leaving word that he was going to
Belmont. Witness had to pass the place where the
deceased was found, but before he reached that spot he
saw Radcliffe 3t the pit, who asked him if he were going
up. Witness afterwards saw a man on the moor, about
fifty yards off, with a gun ; the man e ;me too/aids
crossed the ditch, came on the road, and asked witaess
if he had seen two men, s43ini he expeetcd t 40 to come
off the moor. Witness said lie had not seen them, and
pursued his way. He saw that tire man was tall,
dressed in dark clothes, and that his gun was single
barrelled. Witness walked up the hill, and the man
walked behind him, and they had not gone far before
witness accidently looked back, and saw the gun pointed
towards him, the man bring then about ten cards off,
and in the act of raising it. He rut the gun to his
side, and :liked witness if he had not seen some birds.
Witness said he had not ; nor could he then either see
or hear any.. The man then c ,me a little nearer, and
witness asked if he could shoot birds flying. He said he
could, and if witness would go on the moor, he would
give him a bird, and show him a footpath to Belmont.
The man had previously asked witness where he was
going. Witness was walking very fast. He did riot
particularly notice the man, except his clothes. He
had on dark blue trousers, patched, a blue coat,
with " tails ;" his trousers were very short, and
he had a dark waistcoat, and wore his hat
very much over his eyes. Witness saw that the
gun had a percussion lock. He could not swear to the
prisoner ; but his general appearance was the same.
Witness was with the prisoner at the public-house
where the inquest was held, on the Tuesday and Friday
following, and the prisoner's voice appeared like the
same. When the man asked witness to go on the
moor, witness went a few steps, but not seeing any
appearance of a footpath, he returned to the road, and
told the man that he had business to attend to ; and
he then went to Belmont, and 200 yards on the Bel-
mont side of the tunnel he met some carters with their
carts and horses. As witness was going down the hill,
a little after eleven o'clock, he heard the report of a
gun from the direction in which he had left the man.
William Fletcher who had been working in Garbutt's
coal-pit, saw the prisoner standing in a turf cess, about
eleven o'clock, with a gun in his hand. The place
where the deceased was found is above half a mile from
the turf cess.
Sarah Lomas, who lives between by little's
and Garbutt's houses, saw the prisoner about half
-past 12 coming from the direction of the place
where the deceased was found, walking at a mode-
rate pace. When Mary Entwisle shouted that the
Scotchman was killed, he was standing in the cart road,
and must have heard her. Witness saw a man on a
gray horse, at Garbutt's, when the deceased was dying;
his name she believed was Halliwell.
Mrs. Garbutt stated that at ten minutes past twelve
she saw the prisoner pass the window of her husband's
house, alone, and she did not see that he carried any-
thing. Henderson had then been in the house about
five minutes, having asked her what time the other
Scotchman had gone. Witness recollected a man
named Halliwell, on a gray horse, calling at the door
that day.
Joseph Halliwell, cattle dealer at Skipton, said that
on the day in question, being then in the service of Mr.
Gerrard, of Bolton, he had occasion to call at Gilli-
gan's farm, and there saw Mrs. Hood, and noticed
that her clock was twenty minutes past twelve, but she
said it was twenty-five minutes before those at Mr.
Ainsworth's works. He stayed there only about ten
minutes ; and, having asked Mrs. Hood the way to
Belmont, be went the way she directed him ; and while
on the moor he heard the report of a gun. He was
quite sober, having only three glasses of beer that day.
He went towards the place whence the report pro-
ceeded, it being then very thick and foggy ; and in
about a quarter of an hour he met the prisoner, who was
about 30 yards off when witness first saw him. He was
running and had a gun in his right band. Witness
asked him the way to Belmont (having then lost his way)
but the prisoner gave no answer. He had then a blue
surtout coat on ; a blue plush waistcoat, with a yellow
spot in it ; the prisoner was the man, so help him God.
He was running in the direction from which the sound
proceeded. Witness came to a road, about 320 yards
from the place where he met the prisoner. 'There was
a ditch there between witness and the road, and when
he got to the ditch he saw a man lying on his back in
the ditch, apparently dead. Witness attempted to get
over the ditch into the road, but could not
get his pony over. It would not go, though ife
made two or three attempts to get it over. He then
mounted it, and tried his best to go back on the moor,
but Ire could not tell in what direction he was going,
and when the fog cleared away he found himself close to
Holden's farm again. He inquired his way to Belmont,
and they told him. About half-past two o'clock that
day witness called at Garbutt's and had a glass of ale.
He did not say anything about the body; he was very
ill and frightened at the time. He did not know that
the body was then at Garbutt's. Witness had then
304/. 16s. 6d. in his possession ofhis own money. After
he went on tire road about twenty yards from where the
body was found, he saw a man and his wife.
John Proctor, of the Duckworth's Arms Inn, Over-
Darwen, remembered Halliwell coming there with some
beasts from Gerrard's, on a Friday in November ; he
rode a grey pony.
Mary Lambert, wife of Matthew Lambert, said, that
about half-past one o'clock on the day in question, the
prisoner came to the house, and she asked him about
a gun of Mr. Lambert's that had been stolen, and said
she would make him pay for it. The prisoner said he
was very unhappy about it. About three o'clock the
report of the murder reached the house, and witness
said she should think no Scotchman went that way.
The prisoner said that a great many went that way
every Friday, and if he was not mistaken there was one
in Mr. Garbutt's when he came away.
Matthew Lambert, who keeps the Horwich Moor
Gate public-house, remembered lending the prisoner a
gun on the Bth of November ; it was a single-barrelled
fowling-piece, with a percussion lock. He had had a
powder flask and shot-bag belonging to witness in his
possession for a few years. Prisoner and witness had
appointed to meet next day to shoot at Brownlow's
Close, which was nearly a mile and a half from the gate.
Witness saw the prisoner at. half past one ; he had then
been in the house a short time, having brought a brace
of birds, which he said he had killed at Brownlow's
Close. The prisoner told witness he had brought the
gun and all belonging to it home, as Mr. Orrell was
continually grumbling, and there was nothing but unplea-
santness about it, and Ire would drop shooting. Witness
asked him to go to the Hey Cop, and they went out with
the dogs and guns to kill a hare. They heard of the death of
the Scotchman about three o'clock, and witness said," I
wonder whether it was an accident or wilful." 'The
prisoner said, if anybody had done it they deserved to
suffer for it. The shot in the bag were of No. 2, and
the 'gun was charged both when the prisoner took it
away and when he returned.
Peter Heron received the gun from the last witness,
and drew the charge, and should imagine that the shot
were not No. 2.
Mr. Wolstenholme, being recalled, said he had
weighed each piece of lead separately, and found all
nearly of the same weight. The greater part of the
charge had passed out through deceased's eye. There
were very few small shot in the charge drawn from
the gun.
Daniel Crook, constable of Sharpies, on the Saturday
after the murder, apprehended tire prisoner in one of
Mr. Ainsworth's coal pits. He said he supposed they
were taking him on account of that person who had
been killed ; he also said " We've not hind a gun in our
house since the night before the sth of November, when
we had two guns stolen from our house." Mr. Ains-
worth, who is a Magistrate, cautioned him, and Mr.
Wright asked him whether he had not been shooting on
the moors the day before (on the 9th.) At first the
prisoner said " No," but afterwards he said he had
shot a " blue-back," in company with Matthew Lam-
bert. As witness was taking him to the lock-up wit-
ness asked him if he had not had a gun in his hand the
morning before, and the prisoner said he had not.
Robert Makent, constable of Halliwell, said that
when taken into custody the prisoner said he bad seen
the Scotchman near Garbutt's, and it was the second
Scotchman who was shot.
John Proctor, publican, of Over-Darwen, being re-
called, recollected that Halliwell called at his
house on a ~Friday in November, and said that there
had been a man shot, and that he had met a man run-
ning away, of whose person he gave a description ;
and he showed a small piece of bone, which he said was
part of the skull of the man that had been shot:

Ann Hood, of Gilligan's farm, confirmed Halli•
well's statement as to his being there at the time stated
by him ; and stated that he was then quite sober.
This was the case for the prosecution.
The Court then adjourned for an hour, the evidence
for the prosecution having occupied nearly nine hours ;
and on the Learned Judge resuming his seat, at seven
o'clock,
Mr. WILKINS addressed the Jury for the defence.
Mr. Baron PARKE summed up at considerable length.
As to the first question, whether the deceased had been
murdered at all, he thought there could be no doubt ;
for if the death of Henderson had been caused by acci-
dent, the party causing it would most probably have come
forward and accounted fort he way in which it had hap-
pened. The circumstances detailed in the evidence
tended to show that the prisoner might have committed
the murder, but the Jury must be satisfied that no ona
else could have committed it. His Lordship discoun-
tenanced the idea that any witness for the prosecution
committed the murder, and said that aithough Halliwell
had shown a little flippancy, he had manifested much deci-
sion. The circumstance of the shots found in the head
of the deceased being nearly of one size, and tortes=
ponding with the smaller of the two sizes of shot found
in the gun used by the prisoner, formed (in his
Lordship's opinion) the strongest ground for sup- fa
posing that the shot found in the head of
the deceased could not hey,, b strand, at The Sea Office. No.
No. 112,
London : Prited and Published by 3IOi
12:
obtained the county of Middles:ex.—Thursday,' April 4, iou
''Strited,