Winterbotham died later the same year, and the by-election was decided in favour of the Conservative candidate, Colonel Thomas Chester-Master, by just 3 votes; but his defeated opponent petitioned against the result and after further scrutiny of the ballots the result was revised and declared to be tied. It was impossible at this stage to give a casting vote to the returning officer (the usual solution to a tied election at that period), so the election had to be run again.
Winterbotham's death occurred later in the same year, and the by-election was won by Colonel Thomas Chester-Master of the Conservative party, with a narrow margin of 3 votes; but his opponent contested the result, leading to a re-examination of the ballots. The outcome was ultimately declared to be a tie, making it impossible to declare a winner through casting vote. As a result, the election had to be retaken.