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

'At on. 1111 stsgtured respect' one of my horses. I saw
nothing suspicious about .m. There is no habitation be-
tween my house and Belmont—there are two pits. -Between
the cabin and the tunnel, and Belmont, there is no house. I
saw a person named Holliwell at my house that day, while
the deceased was there—he came riding on a white or grey
horse. A great many people were in my house Some were
of opinion that the deceased was shot with slugs, from the
raggedness of his hat. The man, who came on the grey horse,
said nothing to me. He remained but a short time. He
drank a glass of ale on horseback, and went towards Belmont.
It was past two o'clock when the Scotchman died. I can't
say if Holliwell Was sober. I don't know if he is the same
man that I have seen since I came to town. I heard three
or four reports of guns before ten o'clock that morning. Four
or five men were taken up on suspicion off the moor. The
keeper of Mr. Ainsworth (Collis) was taken up. Besides
him there were four others taken up. They all came to my
house to see the body. There was a than, I was told, taken
out of a turf cess, who were placed there to drive the birds
away. It is usual for keepers to go shooting on misty days.
Re-examined by Mr. DUNDAS.—The fog cleared away be-
fore noon, so that I could see the keeper and his party shoot-
ing ; they, in consequence of what I said to them about the
murder, all came to myhouse afterwards, and all gave in their
names, saying, they would be forthcoming when they would
be wanted.

By his LORDSHIP.—I have seen Collis, the gamekeeper,
and one or two more here to-day.
Mr. George Wilstenhome.—l live in Bolton. I was called
in to see the deceased, by desire of the coroner, on Monday,
the 12th of November, at Garbett's house. I made a post
mortem examination. There was a gun-shot wound that
passed through the head, and carried away the left eye. The
gun must have been near the head, as the wound was not
large, and the side of the head was scorched, as if by the pow-
der. I examined the head, and found in the brain six shots.
The man died of the injuries he received. The shot pro-
duced appeared to be No. 3.
Cross-examined by Mr. WrLici.)rs.—The shot has been in
the possession of Mr. Burroughs, the constable. They were
returned to me in the same way I gave them. The shot is
much misshapen, and, though I am not certain if they are
shot, or cut pieces of lead, they are uniform in their weight.
Re-examined by Mr. DUNDAS.—I weighed them against
other shot, given to me by -Burroughs about a fortnight
ago. The shot was new shot. Burroughs told me he got the
shot from Cartwright's, who sells shot and powder. I weighed
them also against other 6 shot that Burroughs took out of
a box—they weighed 24 grains, and those produced weighed
only 18. I also weighed them against 6 shot brought to my
house, last Sunday, by Mr. Holden, and they nearly, but not
precisely, corresponded in weight.
By his LORDSHIP.—The frontal and temporal bones are
so strong, as to alter the shape of the shot.
Mr. Garbet.—The deceased did not change any money with
me on the 9th November; but the other Scotchman changed
five pound of silver for a note. His pack was examined by
the constable—no money was found in his pack. William
Simms, examined by Mr. CRoss,—l am a collier at Horwich
Moor. I called at Garbet's on the day in question. As I
was leaving Garbet's, a Scotchman came in. I have seen
Burrill since that time. I can't say if it was he I saw on the
Moor. This was about ten o'clock. When I was between
the Stumps and the Tunnel, I saw James Whittle. I did
not know him before. He had a gun with him. I can't say
if it was a double-barrelled gun. He was standing still be-
tween the Cabin, and the Stumps, leaning on his gun in the
road. I stopped to speak to him about a minute or two. I
proceeded to the Tunnel, and went into the cabin • there was
no one there then. I was a few minutes in it when a tramp
came in. Ten minutes after James Whittle came in. He
had no gun then. He stopped two or three minutes, and
then went out and walked towards the Stumps. Five minutes
after, he came in again. He had no gun then. I remained
five minutes there, and left him and the tramp together. The
tramp had a blue singlet on, with drab coloured sleeves. I
can't speak as to his trousers. He had a small bundle in
his hand.

Cross examined by Mr. WILKINS,—I am working at Lord
Balcarres'. I have worked all my life there. I was going
to my sisters' at Belmart, from Aspelmore. I won't swear
I was working the day before ; nor can I say what I was
doing. I was about Aspelmore with folk about pits. 1 was
two days idle. I was not a week idle, nor four days. I can't
tell why I gave over work that week. I received wages that
Saturday night; I got about three or four and twenty shil-
lings. I did not work for the Lord, but for Mr. Creek, and
Mr. Mr. Aitherley, at the Greenbarn, Blackrock. They
dismissed me,—they might be sure it was not for " greatly"
work, but it was for drink. I never saw the tramp. I had
a fustian jacket on on this day. I talked with the tramp on
that day. I did not see him for a month or two after, when
I saw him at Aspelmore. I spoke to him. He was still on
tramp. He had the same singlet, and had got a fresh jacket.
When I got to Mr Orrell's factory at Belmont, it wanted ten
minutes to twelve o'clock. I dined with my sister. I went
to the cabin because it was raining. I stopped half-an-hour
in the cabin.

Re-em..miined by Mr. DUNDAS,—I saw a boy named Wm.
Stott, who lives with Mi. Garbett, at the mouth of the tun-
nell ; it is about fourteen or fifteen yards from the cabin.
The cause of my being dismissed from my employment was
drinking. My sister was married to an engineer named
Thomas Hope, and lived at Belmont three or four months.
He now lives in Bolton.

William Stott cross-examined by Mr. CROSS.—I am 13
years of age. I work at the tunnel. I was working there
the day the Scotchman was found dead. I was at the cabin
in the morning about 11 o'clock. I saw James Whittle, the
prisoner, then in the cabin. I had known him before.
There Nr.as an old tramp with him, and also William Simms.
Simms had a single blue glodding jacket like the prisoner's.
can't say how long he stopped there. I went into the tun-
nel and stopped ten minutes in it before I came out, and
then saw them all again. I went again into the tunnel and
saw in the cabin James Whittle and the tramp. I got my
dinner about 12 o'clock. The prisoner was not there then.
I don't know when the prisoner went away. I asked the
prisoner the first time I saw him what time it was,—he said
it was about 11 o'clock. Whittle was dressed as he is now.
Cross-examined by Mr. WILRINS.—I have beeen exa-
mined very often about this transaction. Besides the coroner
and the magistrates, seven men have talked to me about this
in private. They have told me there is £lOO reward, and
to stick to my story. They told me I must be particular as
to the kind of clothes the prisoner wore. I have been with
the witnesses in the next room. They have told me lam to
have the share of £lOO, but they did not say how much I
was to get. lam sure Simms' clothes were dark blue.
Re-examined by. Mr. DUNDAS.—The cabin is a small one,
and dark. I heard of the reward of £lOO the Sunday after
the Scotchman was shot.

Benjamin Burrell—l live in the service of John Foster,
draper, of Blackburn. I am one of the travelling Scotch-
men. The deceased, George Henderson, was in the service
of John Jardine, a draper, in Blackburn. He was about
20 years of age. It is the practice of our master to send us
to go circuit, to receive orders and collect money. I knew
the deceased in Scotland. I was not aware he was in Black-
burn until two months before his death. His route and
mine were over Horwich moor every other Friday. I went
home on Friday and accounted for the proceeds of the week.
He (decasecl) told me he would pass the moor every fort-
night; we go home every week. I know Garbett's house
on the moor ; I used to call at it ; on the 28th October we
(the deceased and I) appointed to meet at Garbett's about
eleven o'clock in the forenoon. I went on that day to Gar-
bett's, on my road from Horwich. I had a parcel in my
hand and a pack on my shoulder. I got to Garbett's a little
after 10, and stopped till about 11. When I was there, Geo.
Henderson did not come. I saw Mr. and Mrs. Garbett. I
stopped waiting for him till 11, and left word I was gone
to Belmont. INI ent up the hill towards the stumps. I have
since been shown where Henderson's body lay. I had to
pass that spot going up the hill. I saw a person on the moor
with a gun. As I was going up, a collier called out, and
asked me was I going up ; I have seen the man, his name is
Ratcliff. When I was going up, about the place I afterwards
saw the blood, I saw a man on the moor about 50 yards from
me. It was a very misty day, but I could see that distance.
The man had a gun—he came towards me. I went on • he
came off the moor, behind me, and towards me. He had
got over a ditch—he was then 10 or 20 yards behind me. He
asked me had I seen two men, as he expected to meet two off
the moor. I said I had not seen them. I kept on my way ;
he did not come up to me. I was near enough to see he was
a tall man, dressed in black clothes ; he had a single-barrelled
gun with him, with percussion cap. I walked on up thehill,
and he behind me. I had not got many yards, when I looked
behind me by mere accident, and saw the gun pointed towards
me ; he was 10 yards off me. He was in the act of raising it
(at the make-ready). When I turned round he asked me if
I had not seen, any birds ? and then he lowered the gun. I
said I saw, none, nor were there any, I heard the noise of
none eitherp He then came nearer me four or five yards. I
asked him if he could shoot birds flying ? he said he could,
and if I went with him he would shoot and give me a, bird,
and show me a foot-path to Belmont. I had told him before
that I was going to Belmont ; was walking very fast, and the
conversation was' still going on. He then told me the road
was by the stumps, and to turn to the right hand towards the
moor. He came behind me on the moor, as near as a yard
or two yards. I did not then take particular notice of his
features, but of his clothes I did. I observed his trousers
were worn at the knee, and there was a patch I thought—
indeed, lam sure there was on one of his knees. His trousers
were short—his coat which was blue had skirts on it—his
waistcoat wrs dark—and his hat he wore very low on his
head. I saw that the gun had percussion caps. I cannot
swear the prisoner at the bar's the man, but the general ap-
pearance of the man is the same. His clothes and height are
the same, and that is all I can swear to. I was in company
with the tprisoner at the bar at the inquest on the Tuesday
and Friday following. I did not then form any opinion that
he was the same man. I heard his voice, it sounded like the
same voice. When I got on the moor, I went sor 10 yards,
and not seeing any appearance of the foot-path, I told him I
had my business to attend to, and went away. He did not
follow me, and then I went on the road towards Belmont. I
saw no more of him. Afterwards I was passing down the
Stumps, I met two carters, (Heaton and Norris,) three carts
and three horses. They were within 200 yards of the Bel-
mont side of the tunnel. It was a little before 12 when I got
to Belmont. I was afterwards sent for : a little boy came
for me from Garbett's. I got there a little after two, in a
short time after the deceased died.
Cross-examined by Mr. WILKINS.--I have been out
shooting-hi Scotland. Can't say if there is anything unusual
in sportsmen holding their gun as he described above. I
heard a shot at a distance from me, the report of which came
from the direction I left the man. Jt was about 11 o'clock
in the day that I heard it.
By his LORDSHIP.—I know the noise of moor-game when
they rise. There was no such noise made when the prisoner
raised his gun.
Win. Fletcher, examined by Mr. L. PEEL.—I was work-
ing at Mr. Garbett's pit, for a person named Heaton. I left
work about 11 o'clock. On my way home I saw the prisoner
in an old road, at a turf-cess. in the opposite direction from
the Five-houses to Mr. Garbett's house. Whets I first saw
him he was standing still. He had a gun in his hand. He
asked me had I a play-day. I said " Yes, my master 's got
bagged (turned off).' The prisoner came within three fields
of my father's house, which is at Quaker John's, with me,
and then turned to the Five-houses. It was a quarter to 12
v.aen I got home.

Cross-examined by Mr.WlLimvs.—The turf-cess is about
half a mile from the place where the Scotchman was killed.
Sarah Lomax, examined by Mr. Caoss.—l live at the
Five-houses. I live between the prisoner's house and Gar-
bett's. I was at my own fireside when I heard the news of
the murder. I saw the prisoner before I heard the news,
which was about half-past 12' o'clock. He was coming in
the direction from the place where the murder was commit-
ted, and was walking in a moderate way. Mary Entwistle
told me of the murder. I heard her before I saw her. She
called 'out to Mr. Garbett that the Scotchman was killed. I
saw the prisoner standing betwixt our door and Garbett's,
on the cart-read. He could have heard what Mary Entwis-
tle said, as he was outside and I was inside, when she told
what had happened.
Cross-examined by Mr. WILICINS.—I told this story to
the attorney a week last Friday. I never heard anything
about a reward, in case this young man is convicted. After
hearing the report of the young Scotchman being shot, I
went to the place where the body was. I saw a man on a
grey horse standing at Mr. Garbett's door that day, taking
a glass of ale, while the man was dying. His name, I un-
derstand, is Halliwell ; he is in the witnesses' room. The
prisoner had nothing remarkable in his appearance. He had
not hia hat on. All I saw of him was while he passed my
door and w!ndow.

--iie-examined by Mr. DUNDAS.-I have known the pri-
soner for five years. I have no doubt he was the personwho
passed the door, of my house.
By his LORDSHIP.—I did not see a gun with him.
Hannah Garbett, examined by Mr. DuNatis.---I am the
wife -of Mr. Garbett, who lives at the Five-houses. I re-
member the 9th November. The prisoner at the bar passed
my window at ten minutes past 12 o'clock on that day. The