The Potteries Examiner : — 1879-05-03 (Stoke-on-Trent, Staffordshire, England)

THE BIDDULPII MURDER. Herbert Dale (26), weaver; John Slater (34), labourer; Thomas Jones (40), silk-thrower; and William Barton (48), miner, were indicted for the wilful murder of James Beswick, at Bitidulph, en the 29'h January last.—Mr. Boughey and Mr. Mammas:no were for the prosecution ; Mr. C. !Smith defended Dale; Mr. J. Underhill, Slater; 1, air. Plowdem Jones; and Mr. Bodley, Barton. 1 Mr. Boughey, in opening, said the charge arose 1 out of what was commonly called a poaching I, affray, but so far as his experience went in crimes l of that sort, the present case differed from others ,in several essential particulars. Mr. Jonathan , Cotterill was a farmer, living at Whitemore far., in the parish of Biddulph, in the extreme north of the county—in fact, only a few hundred yards from the boundary of the county of Chester. He had occupied the falai under Mr. Mainwaring for many years. and had the right of shooting and sorting inWhitemore Wood, which abutted on the . ferns, and was only 200 or 300 yards away from the house. He did not, however, avail himself of the ' richt, but his son, Mr. John Cotterill did. On Wed-1 sad ty night, the 29th January, about half-past 10 o'clock. Mr. John Cotterill heard the repent of ff gun,which he thought proceeded from Whitemore W. 01. He at ouce called up his father's two • servants, James Beswick (the eh ceased) and Fiederiek Heathcote, and, telling them what they were wanted for, took his double-barrelled gun and went to the wood, where he was ehortly afterwards joined by the two men. Beswiak had a walking stick, and Heathcote the stock of a whip. Mr. Cotterill placed Beswick about one or two hundred yards in the wood, upon a public footpath, and placed Heathcote behind a tree close to another footpath further on. instructing him to shout if anyone cause up. Mr. Cotterill himself then went about 200 yards further in a northerly direction. When Ileatheote had been behind the tree between twenty minutes and half an hour, be saw four men coming through the wood. Three of them came within two or three yards of him, and the fourth stood about 15 yards off. Heathcote then shouted according to his directions, and asked the four. men what brought them there. He made no attempt to go to them, or to arrest them, but remained behind the tree. As soon as he spoke, one of the four— who Heathcote would swear was the prisoner Slater —cocked a gust, and raisins it, exclaimed, 'l'll how your brains out I' At least two of the other men shouted, 'Yes, shoot the —.' Upon this Illtaticote ran towards toe place where Beswick held been left higher up in the wood, and. WAS followed by the tour men. He had not run more than 50 or 60 yards when he came upon Beswick, who had left his post, and was then in the wood. Three of the men ran to Beswick, while Heathcote was attacked by the fourth, who fell backwards, and Heathcote falling on him saw his face, and was able to swear positively that he was the prisoner Jones. While on the ground Heotheote saw the three other men attacking Beswick, and 'either hearing the report of the gun saw Beswick toll. Heathcote then got up, and the three men who had attacked Beswick made towards him. He then ran back in the direction of Mr. Cotterill, oho was coining through the wood, and whom he soon met. By this time the four men had disappeared. He and Mr. Cotterill then returned to Beswick, who was removed as soon as possible to Mr. Cotterill's house. The injured man was attended by Mr. Warrington, surgeon, but died between two and three o'clock on Thursday front wounds on the head. A man named Dexter --se-- ossisted in rernoving Beswick from the wood. and