Henry John Burnett

Case record: Henry John Burnett

Overview

Henry John Burnett was executed on August 15, 1963. He was tried for the murder of a merchant seaman, Thomas Guyan. His trial took place between the 23rd and 25th of July 1963 at the High Court in Aberdeen. He was executed at Craiginches Prison in Aberdeen, carried out by the hangman Harry Allen.

Timeline

• 23 July 1963 — 25 July 1963 — Trial at the High Court in Aberdeen.
• 15 August 1963 — Executed by hanging at Craiginches Prison in Aberdeen; a crowd of 200 people gathered outside the jail.

Background

On February 2, 1957, Thomas Guyan married Margaret May. A year later they moved into a first floor flat at 14 Jackson Terrace, a house owned by Margaret's grandmother, Annie Henderson.

A son was born in September 1958 and a second in February 1961; the father of the second child was not Thomas. Marital problems came to a head in 1962 when Margaret May Guyan consulted a solicitor about the possibility of a divorce which her husband refused.

In December 1962, Margaret went to work at John R. Stephen Fish Curers, where she met a new admirer, Henry Burnett. A relationship developed, and by May 1963 Margaret had moved out of Jackson Terrace to a new address in Skene Terrace with Burnett and her youngest son.

On May 31, 1963, Henry Burnett believed that given the chance, Margaret would leave him, so he took to locking her in the house when he went out. Margaret agreed to go back to her husband when she bumped into her estranged husband on May 31.

The offence

Margaret Guyan arrived at 40 Skene Terrace at 4.00pm to collect her son Keith. A family friend, Georgina Cattanagh, went with her for moral support.

When Margaret announced her intention to go back to her husband, Burnett cried, "Margaret, Margaret, you are not going to leave me." He then drew out a knife and put it to Margaret's throat and closed the door behind him.

Georgina Cattanagh banged repeatedly on the door and demanded the release of Margaret. Minutes later Burnett threw open the door and ran off down the street. Margaret was shaken but relatively unhurt. The two women went back to Jackson Terrace.

Burnett went to his brother Frank's work and told him what had happened. Frank urged him to go to the police, but Burnett was set on revenge.

Burnett went to Frank's house in the city's Bridge of Don area to borrow his gun. Frank's wife had been told never to lend the gun to anyone. Burnett forced the cabinet open and stole the gun along with shotgun cartridges.

He then boarded a bus to take him to 14 Jackson Terrace. He arrived at the Guyan's flat and forced his way in. Georgina Cattanagh screamed, "You can't come in here". Thomas Guyan jumped to his feet to see what the problem was. As he opened the kitchen door, he was met by Burnett carrying the gun.

A shot rang out and Guyan fell, having been shot in the face from close range. Burnett took Margaret out of the flat at gun point. On the way down the stairs, he threatened a young boy from a neighbouring flat.

Burnett dragged Margaret down a lane and as far as a garage on Seaforth Road. John Innes Irvine was filling his car with petrol when Burnett demanded he would take the car. Irvine tried to stop Burnett stealing the car but was threatened with the shotgun.

Investigation

The police were soon notified and began following the car, driving north towards Peterhead. After driving for about 15 miles, Burnett pulled the car over near the town of Ellon.

Arrest

Burnett offered no resistance. He was arrested by Constable James G. Reaper and Constable Mitchell.

Trial

At his trial, Burnett's defence was that at the time of the crime he was insane, or alternatively, that this was a case of diminished responsibility. Both defences failed after the jury had considered the evidence for 25 minutes.

The court heard about Burnett's mental state and it was revealed he had been violent in the past and had attempted suicide. His mother and father both appeared in the witness box, and his mother broke down in the court.

Sentencing

After he was sentenced to death, both his own family and that of the victim petitioned for his reprieve. There was, however, no appeal from Burnett.

Outcome

Burnett was executed on August 15, 1963 as a crowd of 200 people gathered outside the jail. The execution was carried out by the hangman Harry Allen at Craiginches Prison in Aberdeen.

People mentioned

• Henry John Burnett — accused; executed.
• Thomas Guyan — merchant seaman; victim of the murder.
• Margaret May (Margaret Guyan, Margaret May Guyan) — spouse of Thomas Guyan; Burnett’s partner; survived the incident.
• Annie Henderson — Margaret's grandmother; owned the house at 14 Jackson Terrace.
• Frank (Burnett's brother) — urged Burnett to go to the police; his wife had been told never to lend the gun.
• Georgina Cattanagh — family friend who went with Margaret; demanded Margaret's release and screamed "You can't come in here".
• Keith — Margaret's son.
• John Innes Irvine — car occupier whose car was demanded.
• Constable James G. Reaper — arrested Burnett.
• Constable Mitchell — arrested Burnett.
• Harry Allen — hangman who carried out the execution.

Other details

Burnett was described as the last man to be hanged in Scotland and the first in Aberdeen since 1891. His trial occurred between the 23rd and 25th of July 1963 at the High Court in Aberdeen.