What happened next is described by a local reporter: The culprit walked firmly to the scaffold but on being placed in position looked up at the cross beam and on those assembled around the scaffold. Marwood the executioner at once placed the white cap over the culprit's face, fastened his legs and fixed the rope. Immediately the bolt was drawn it was obvious something had gone wrong, the body was swinging violently to and fro in the pit.
Marwood seized hold of the rope and assisted by a warder, dragged the still living man out of the pit. When drawn up Burton presented a shocking appearance. He was doubled up and it was seen that the rope had got entangled underneath his arm which had also allowed the noose to slip over his chin. The white cap was partially removed, and it was observed that the culprit was still alive and bleeding.
Marwood, having again placed the rope in position, pushed him violently into the pit. The body swayed backwards and forwards fully for a couple of minuets and death must have been a painful one. The drop given was seven feet ten inches.
The following day the jury viewed the body ay the coroner's court. It presented a ghastly appearance with the neck extremely swollen and face badly discoloured following a violent and painful death caused by strangulation by hanging. A doctor told the court that the deceased man fainted on the drop, falling to one side. The rope caught his elbow so he was dragged out of the pit whilst the rope was disentangled by Marwood and the man then dropped down again.