The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-04-05 00:00:00

Cross-examined by Mr. WILKINS.—The wall is much di-
lapidated, and at some places it is only threi feet high. It
is a dry wall, and a person could step over it. With regard
to Gilligan's, and the Five-houses, their relative distances are
laid down on the map. There is no direct road between
them, but a person can pass by Holding's close, from the one
to the other, which would be a distance of better than a mile
and quarter. I know no other route by which a person on
horseback could go, unless by a round about road. There
are some ditches and drains on the moor. In wet weather,
as it was when I surveyed it, the moor is very swampy. I
can't say if a person on horseback would be longer passing
through the moor, intersected as it is by ditches and swampy,
than by taking the circuitous route. I surveyed the road
where the fatal affair took place, down to Belmont. It is
about a mile and a half from Belmont or Garbett's Arms, to
where the body was found. There is a ditch between the
moor and the road and where the body was found, of about
three feet in depth,
Thomas Whowell examined by Mr. PEEL.—I was in the
service of Thomas Walsh of Horwich, in November last.
On the Friday, the day of the murder, I was on horseback,
on the top of Adam Hill, about twelve o'clock. This was
half a mile from the Five-houses. I heard at that time the
bell of Ridgway's factory that rung. I was but walking the
horse, and not very fast. When I got to the five houses I
saw the Seotehman coming out of Garbett's. I went up to
Garbett's. I did not know the deceased before, but I called
him a Scotchman, because he had a pack on his back. I was
before the geotehman nearly all the way up to the pit. I was
taking my brother's dinner to him, and got down off the
horse to take him his dinner.

Mr. Hardman.—The distance of the pit from the fire
houses is 406 yards.
Examination continued.—When I was getting off, the
horse was roguish, and I swore at the horse. The Scotch-
man told me 1 should not swear. I was ten minutes at the
pit, and then came back to where I left the horse. I then
went away, and walked behind the horse. When I was some
way on the road, about 300 yards, I heard a moaning noise.
I saw nothing then ; but going on a little further, I saw
blood on the road. I still heard the moaning noise. The
noise was about three yards from where the blood was, and
appeared to come from the ditch. I did not look in to see
what it was, as I was afraid. I then made the horse trot,
and went to the tunnel. I saw Fletcher and his daughter,
Mary Entwistle, and told them what had happened. I ac-
companied them to the place where the moaning was, and
saw the same Scotchman lying in it that I saw before. Flet-
cher could not get him out, and I went for assistance to Gar-
bett's. I met Garbett and the prisoner further, coming up
the road. _ _

Cross-examined by Mr. WILKINS.—I knew the prisoner
two years. This was a terrible misty day, and T could not
see far before me. The prisoner was in the habit of shoot-
ing. When 1 heard the moaning first, it was about ten yards
off. This was about a quarter to one o'clock. The deceased
was in great pain, and struggling very much. I did not no-
tice if there were any marks on the road : the ground was
very wet. It was about a quarter to one when I told Flet-
cher about the matter.
By the JUDGE.—There was no gun or pistol near him.
When I first passed the ditch, I did not see the body. There
was a good deal of heather in the ditch. The bundle of the
deceased was in the ditch when I saw the body. It did not
appear to be opened. His pockets were turned inside out.
James Fletcher, examined by Mr. Cross.---I am a banks- -
man at the coal-O. I was working at the tunnel. My
daughter, Mary Entwistle, brought me my dinner on the
day in question. It was about half past twelve, as near as I
can guess. I went down to the Winter Hill cabin, and as I
passed through the stumps I heard the report of a gun, as if
coming from the direction of the Five-houses, on my right.
I went then to the cabin, to take my dinner. Thomas Who-
well came to the cabin door about ten minutes aftertl had my
dinner. In consequence of what he said, I went to the place
he pointed out. I saw a man lying in the ditch : the water
was up to his belly. I raised his head on the side of the
ling. He was then alive. He said nothing to me. I caught
hold of his hands, and he gave a great sob. I pulled him
then a little higher up on the ling. I saw that one of his
eyes was blown entirely out, and the other was on his cheek.
I saw nothing more. A -fellow workman, named Thomas
Radcliff, then came up. He and I lifted the body out of the
ditch. I observed his right hand pocket out of his trowsers,
which were torn a little at his right side. He was all unbut-
toned but the waistband button. I did not see the other
pocket turned out. He remained with his•head on my knee
till assistance came. James Barnfield, William Lamas, and
Thomas Radcliff assisted me to take him to Garbett's house.
He remained there till he died, which was about half-past
two o'clock. There was no gun or pistol where we found
him. I examined his head, which I washed for the doctor.
His right ear was very black from the powder. I did not
observe any thing very particular, but blood where the body
was found. The distance of the body from the blood was
about two yards. I heard no other report of a gun that day
but this one. It was the report, of a gun I am sure, for it
had the same sound as gun sbefts I have heard generally have.
Cross-examined by Mr. WILKINS.—The distance from the
tunnel to this place was 314 yards. The pocket was not
turned inside out, but only hanging over, his waistband.
His bundle was not touched. His umbrella, stick, and hat
were under him. It was very misty. I have known the pri-
soner for a length of time. Never heard anything against
him. The Scotchman died about half-past two. He was at
Garbett's about an hour and a little more. I did not observe
any footsteps about the place he was killed. I was looking
for an instrument, to see what his murder was done with.
. Re-examined.—His pocket hung down his side. His
pockets were examined at Garbett's. There was ls. 11d. In ,'_,,
copper found in his waistcoat pocket. Nothing was found in •sidi
his trouser's pockets. In his right waistcoat pocket were his
~i 3,..„
pen and inkstand. It appeared that the trousers were torn iJar...,
ti
by some violence.
By his LORDSHIP.—When I returned to the tunnel cabin ?-arli
a man was lying on the floor who looked like a navigator. !log
He was a' stranger in the neighbourhood. I never saw him ft-q
before. ' tre,7
By Mr. DUNDAS.—This man was about forty years of age. 1
He had nothing but a small bundle with him and a stick. '7‘)".
By his LORDSIII P.—The report I heard was that of a gun. ' '
By Mr. WILieINS.—I awoke him by touching him with
my foot. I can't say whether he was a Scotchman or an
Englishman. He rubbed his knee as if he had hurt it. There
was a wall from the Stumps, that no person could get over
without getting into the swamp. One could get over by going
on a little further. He went away then and I have not seen
him since. He had on him fustian ribbed trousers, a blue
plush waistcoat with blue sleeves, and he had no coat. He
had a hat. There was a boy named Simms with the tramp,
in the cabin, but not when I went in. I had about 140 yards
to go to where the body lay. •
By Mr. DUNDAS.—He had no coat over the waistcoat. I
was passing the Stumps when I heard the report. It was not
possible for any one to fire a gun in the direction I heard the
report without me seeing the person who fired it ; nor was it
possible for him to cross the moor, and come to the cabin,
without me seeing him. He would have 239 yards to go,
while I had only 147 to go.
Thomas Radcliffe.—l was employed at a coal pit by Mr.
Garbett at the time in question. I went to a place where
there was a man wounded. I helped him out of the ditch,
and carried him to Garbett's. I saw Whowell. He brought
his brother's dinner to the cabin at noon. Before that I saw
another Scotchman besides the deceased. I knew him be-
cause he came that way every fortnight. It was about eleven
o'clock I saw the other going to Belmont. I saw him after•
wards at the Five Houses. The deceased was also there.
One of the drawers of the coal pit went to bring him back
from Belmont.
Cross-examined by Mr. WILKINS.—I assisted in carrying
the deceased to Garbett's. He'was groaning with agony, and ' I
threw his arms about. I saw no marks of men's feet, nor of 1
horses' feet there. The ground was wet and soft. It is a -3
clear ditch, half a yard deep and half a yard wide, that there
,I
would be no danger of leaping a horse over. I know the
prisoner. I never heard anything against him. He is a good : 9
shot. I have seen him frequently shoot with Mr. Lambert. '
I did not see the deceased's pockets examined. I have known : T
bath the Scotchmen ; they were in the habit of passing every ;.)
fortnight. The prisoner is a good-tempered man. ,
Mrs. Entwistle.—l am the daughter of James Fletcher, ,
who has been examined.
Radcliffe, recalled, was asked by his LORDSHIP had he
heard a report of a gun at half-past ten, below the Five
Houses. He said he had. The wind was blowing towards
the Stamps. I heard no report at noon.
Mary Entwistle, examined by Mr. PEEL.--r took my
father's -dinner to him
.about half-past twelve. I accom-
panied my father to the tunnel cabin. While going from it
to the stone delph, near the stumps, I heard the report of a
gun. There was a tramp in the cabin when we got to it.
He had a round about jacket, blue plush, with light coloured
sleeves and light trowscrs on him. When we got into the
cabin he was asleep. After we were there the boy Whowell
came up. In consequence of what he told us, we went with
him tO where the body was found. I saw the body. I went
omet Garbettth er
e, s
to the coal-pit, nearest to the Five-houses, to Thomas Rad-
cliffe;lforassistance. I directed him to the place. Then I
nil bi,Mr.,Garbett's. 'I ran all andtlie
[fa out twenty yards from his house,7l.aycri I
t, , ,
cried u
It at little Scotclimaif shot." I saw him that I called the
svi
Fslceoetecihilintahne.
laitibboint4,,,moiloinitiligi botefeorrlet.h,
eTinh9eyor(OthneeSeretoaticnhdmaeyns).
AknoW:thciptlionerat the bar. saw him at half-past eight
It is very near to
'Alla morning.. He was between the Five-housea and our
hkpue,„,looo§.pliiiftl._ ‘‘.Quaker Jones.".
slis,tecithpUlSsi Fhaq a_gUi2. with. him. His dress was the
1 wßnle fie' has op. tidt, It is his holiday dress. I saw him use
ithe-gun tbriOn*ing. He fired at one of the moor-game.
By the Jtrtitiaf.,—l cannot -say whether it was a double or'
single barrelled gun he had, or whether it had caps. I never ,
saw him shoot Wore.
- Cross-examined by Mr. Wii.xiNs.—lt was a quarter of an
hour between the time I heard the gun go off, and Thomas
Whowell coming and informing us of what happened. When
I was running down to Garbett's, I did not see the prisoner.
William Garbett, examined by Mr. Caoss.-I keep a'
beer-house at the Five-houses. knew the deceased, George
Henderson. He was not in the habit of calling at my house.
On the 9th Nov. I was at my house. Other Scotchmen
were in the habit of calling at my house at stated times;
every other Friday, about ten o'clock, on their way from.
Norwich to Blackburn. They changed their money with
me, getting notes and sovereigns for silver, which I required
for paying the colliers. I recollect on the 9th November, ,
seeing Mary Entwistle coming down the road from the pits.
I was at my door. James Whittle (the prisoner) was at my
right hand at the time, I believe. He could not have been
far away, for he was speaking to one of my carters about a
sick horse. Mary Entwistle said ` killed." In consequence
of what she told Me, I went down the road ; this was about one
o'clock. The deceased had no gun. when I saw him. I could
see Mary Entwistle about sixty or seventy yards from me.
She raised her hands and cried, " run, Mr. Garbett, they
have shot the Scotchman.” I then went as fast as I could;
and when I got up to where the deceased was, I saw James'
Radcliffe and Fletcher there. I think the prisoner must have
heard what Mary Entwistle said; ' but I was in such a fright, '
lam not sure. The prisoner was 'dressed as he is now (in
blue clothes). I saw him in the morning about eight o'clock.
He had a gun with him. I heard shots fired, but I cannot.;
say whether it was the prisener who fired them. I saw hini
a little before ten o'clock; -facing the Five-houses, coming;'
up the road. I spoke to him, and asked could he not geo
near the game. He Said they were not worth. He had no)
gun then. I saw him a . little before', ten, o'clock, befosOt
Mary Entwistle came. I did not see him again in the course,
of that day. He had no gun then. I know the Other Scotch-'
man Berrill. When the deceased lay at my house, he (Berrill)
gave a description of a person he saw on the moor. • • '
Cross-examined by Mr. WILKINS.—The prisoner had no