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Turning briefly from Whittle as the main suspect in the case, there are a number of alternative theories that the reader may wish to consider. There is the possibility that some person or persons followed Henderson that morning from Blackrod, having possibly been customers at the Old Cock Inn the previous evening. Henderson's movements would be well known by many of the locals because of his regular habit of travelling a particular area. One witness at the Inquest testified to having seen Henderson pay for drinks with silver on the Thursday evening, and no doubt others present would have witnessed this. This theory that Henderson may have been followed, rests on the presumption that he would stop off along his route home to receive collections of money. By the time he reached Garbutt's beer-house, he would have completed his rounds and presumably have substantial takings in his possession. Any person or persons contemplating robbery would almost certainly choose an isolated spot along the route to carry out the deed, and Winter Hill would be that ideal spot. The weather on the Friday morning provided the ideal cover for such an attempt. There are several alternative tracks over the moor which would make it easier for those contemplating such an attempt, to arrive ahead of Henderson and be unseen by any witnesses. As for the shooting itself, there is the possibility that he was shot out of frustration by the perpetrators having found that he had in fact, not made any collections that morning, and they could not risk being identified by Henderson.
Our sources give very few details concerning the tramp seen with Whittle in the Cabin at the Winter Hill Tunnel prior to the shooting. It appears that there was no effort made to trace him as a possible witness. There is also the shooting party from Smithills Hall who were seen out on the moor at the material time. We are informed by Corless, the gamekeeper, that the party had stayed close together because of the mist. There are no references made to the type of guns being used by this party having been taken in for examination. This could very well have been as a result of their host Peter Ainsworth, a local magistrate, landowner and employer being considered beyond suspicion. Whittle was a known poacher and had, no doubt, incurred the wrath of the local gamekeepers. Even if the fatal shot was fired from one of the shooting party, it would have been regarded as accidental, because the party would not have ventured within distance of the known road over Winter Hill. Once it had been established that Whittle was out on the moors with a gun, this would have provided an ideal scapegoat for the crime. We are, therefore, left with two possible conclusions, notwithstanding the important fact that Whittle was finally acquitted of the crime.
Firstly, if Whittle had indeed been the perpetrator of the crime, he had not taken any effective steps to conceal his movements on the day in question, quite the opposite. As pointed out by his defence counsel, Whittle lived at Five Houses and was well-known in the area, and this would have made him the prime suspect. When arrested, Whittle did make several statements which on reflection, could be regarded as self-incriminating. Why such statements were made, possibly out of fear or apprehension remain unclear. The second possibility can be deduced from the evidence of witnesses. It does appear that Whittle is presented very much as a victim of circumstances, being in the wrong place at the wrong time. What is revealing is that at the Inquest, there was not a single witness who came forward to support Whittle. What is equally significant, is the fact that the defence was conducted without ever calling witnesses, a most unusual procedure. This would suggest reluctance on the part of local people to come forward in Whittle's defence possible for fear for their own livelihoods, or more sinister, wishing to shield some other guilty party, by providing a conspiracy of silence.
Finally, there is the role of the 'mystery' woman. The press reports of the Inquest in the Blackburn Standard refer to Whittle's clandestine relationship with a young woman in the neighbourhood. Other details are not forthcoming and she was never called by either the defence or prosecution as a witness at the Inquest or Trial. This does appear to be rather strange given that Whittle intended to marry her that same month. This situation suggests that Whittle may not have been the only suitor for this woman, and certainly strengthens a conspiracy theory. Finally, there is also the possibility, however exaggerated, that Henderson himself may have struck up a friendship with the woman during his travels and Whittle or someone else, had found this out and decided to seek revenge. However, these suggestions are purely speculative.
After Whittle's acquittal, the person or persons responsible for the brutal killing were never found, so the mystery is perpetuated by the passage of time. Whittle was true to his word and never went shooting again after the trial, and in fact, he went blind prior to his death. This was seen by those who were convinced of his guilt, as a sign of how close he had come to the gallows. The burial register in Horwich Parish Church shows an entry for James Whittle, who died on April 16th 1871, at the age of 55 years. The spot where Henderson met his death was originally marked by a small tree which over the years was gradually stripped by souvenir hunters. The site is now marked by a single old water-pipe erected in 1912. The site is known locally as “Scotchman's Stump". Sadly, we shall never know the truth behind this tragic murder of George Henderson, the secret died with him.
SOURCES.
The main sources consulted in this work were:
Primary Sources:
'Autobiography of John Taylor of Bolton,' edited by James Clegg, Bolton, 1883.
'Autobiography of John Taylor of Bolton,' edited by James Clegg, Bolton, 1883.
Blackburn Standard, November, 1838.
Bolton Chronicle, November, 1838.
Hampson's History of Horwich, 1883.
Liverpool Mercury, April, 1839.
Manchester Courier, November, 1838.
Preston Chronicle, April, 1839.
Secondary Sources:
Garrett, G & Nott, A, Cause of Death, Robinson, London, 2001.
Knight, B, Simpson's Forensic Medicine, Edward Arnold, London, 1991.
Simpson, K. Forty Years of Murder, London, 1978.
Simpson,K. & Knight, B. Forensic Medicine, London, 1985.
Stern, C. Iain West's Casebook, Little Brown, London, 1996.
Taylor's Principles and Practice of Medical Jurisprudence, 13th edition, London, 1984.
Photographs and Sketch Maps.
All the photographs and sketches produced are by the Author.
The following Grid References may be of interest to those readers wishing to visit the area of the crime. They are based on the Ordnance Survey Map No 287 – West Pennine Moors:
| Old Lords Heights. | SD. | 64485 12665 |
| Sportsman's Arms. | SD. | 64876 13164 |
| Montcliffe Colliery. | SD. | 65406 12289 |
| Site of Five Houses. | SD. | 65703 13589 |
| Scotchman's Stump. | SD. | 66116 14541 |
| The Stumps Boundary. | SD. | 66246 14672 |
| Winter Hill Tunnel Site. | SD. | 66318 14689 |
David Holding
LL.B ( Hons)., MA., Ph.D., LL.M., Dip.Law., PGCEd.,
Contact :
d.holding@talktalk