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The Exeter Times, 1890-10-2, Page 5BIRCHALL'S HOT FOR LIFE.; The Greatest Murder Trial in; Canada's History. DAMNING LIM OF EVIDENCE.; A Deadly Web Woven Around the Prisoner -The Career of a Successful Swtodler. THE FULL FACTS OF THE CASE." the Testimony of Many emportant Wit- pesses-A Cigar -Case Petters a rromlue met rart in the Sensational brama-A. ne Letter In Whieb Murder is Wraten- rrettyneorence ilireball to be Plume-. mho :Address of tbe Counsel and tbe Sedge's Charge. WeopsTocit, Sep. 29. -The great Birchall 104 is oue whtela will be lono remembered E e Canada. It is the sensatioa of tho tour, mit only ire this country, but on both eides oe the Atlantic, The case is truly a ma.rvetions °sae in every particular. ale eroTTO have woven a terribly strong ebaitt et circumstantial evidence arolind the prise eaer.The trial bee taken over a wee. Stock has been the seem ef tremendoas eXe eitement ter ettya. The little Null has been crowdel by curious people frem all pre of e u4 url the United tltate. The great OW opened on 31taidoy Sept. tee, before big ,etonor Judge Machleiten. The prisener J. Begillaid Birehall arose that morning at his cuatomery time, breeke fasted, end aftertvards devoted considerable, Unto taloa toilet. He looked the pasture or aattluess. His leach monetnebeshoweel Neck- er tban 'weal against Wu carefully ehaveri fare. Frain We: Chrlsty stiff hat to bis peinte ed, Isighlyspelished shees be wee strictly cor- rect iu every detail oe dreste Ile wore ablack chiumtilla coat ausl vest. His collar extilIt points turned down, wed he wore 'eat 'sleek tiecktie In the venter ef elan bosom ono plein gold Mud appeared, being 4-1ritely u iseepino with Ids gotten?! extekemp end in perfect tuge. wwri.vt: Mae mons eosa oneto. The adertian oe a jury 4I i4 tone as lens tie anticipated Non gateau hew was twee pied atid after about :el atms hoe boot drawn. the following twelvtt were sworn. --Albert Caere, Nertia Norwich farmer. Heart Murray Wea Zna1 farMer, Alffree eleCeun East Zr*, farmer, Denali' Murray, Wait Zarra fanner. Joseph Longfield, West feet far- mer, Auguetus North Nose -tido far- mer, George Vlaristsesher. lusters B. gentle- man. J. D. Smith. Illatelfool. farmer, A. te, McKay, least Zerra, farmer, J. McKay, West Zona, fanner. - The prieener pineal not ulay. 11. B. Oeler,c Inductee the propitiation, the p.risemer beinet sle4ealles1 by ta T. Illeelisteek, of Torontee it appear to feel his whiten:, tte itio apenrently ii Oath '31'4.4 114 at any t Mut chase: lusting Dupre: laments INt t tle Cope lel *MN sit the rearm. theta 'di bis opening :dr. Odor ,NUat1,1i•d the vase (nun the beginnino. After title. the evidence was taken. The Crown etccuplea just four entire days b preeentine i s ev ea offerime its last teethes suy at nom on Friday. The crown put 47 %camases in tee box ma the defence S01110 Z. ; Tint Sante' oP Men cum:. steryof Birdsall and tee c. Mil mune out in minute detail. In arid it is as fol- lows: Birchen was barn in the town of Churcb, Lancaibire, England, and istie years old. His fateer, the law. Joseph Birchen, was for eears rector ot Chuech aud rural dean of Moseley. He WAS a num of wealth, and was one of the best clergymen in Lancashire. Ile died in 1e7e. Reginald was his sou by his tecond wife, who is still living. lerotn his tether Reginald inherited same property, tittle tugh he was the youugest son. He was educated at Harrow and went to Oxford. At Oxford be was note 1 as a liar in a harm-, lessway, his Hes running to vauityand taidng the form geuerally of boasting of higlx connec- tions. Yet he was received In good seciety,' and his professors, since tees trouble has come upon him, have written of him in a higely commendatory way. He was a hard drink- er in Oxford, and be gatubled and lived be- yond his means, and was generaliy in hot water as a consequence. That Ito left Oxtord before completing his course of studies; that be became involved in various entanglements; that be treated some woman named "Sallie" like a coward nnd a brute are all revealed in a shadowy kind of way. How much of his career became public is not known. That he has a malodo- rous reputation is evidenced by the strong opposition which Mr. David Stevenson, the General Traffic Manager of the London ac. Northwestern Railway showed, when Birds- all began to pay marked attention to his, Stevenson's daughter. Stevenson then lived in Upper Norwood road, Loudon. Birchen ELOPEMENT AND MARR/AGE continued his attentions notwithstanding the parental objection, the girl became blindly in Enloe° with him, and there was an elopement and marriage. The ceremony was perform- ed by the Registrar f Croydon. This may be called the culminating point in one epoch of Birchall's career. He at this, point seems to have reached the parting of the ways where he had to choose between a path 'tee led to a decent manhood where the chola° e "follies -of -youth" mantle might. hav4eP thrown over his old life, leaving nothing n it to torment him seriously, and a path that led him through all the dark ways of the blackguard and swinclling adventurer down to that awful deed in the lonely Cana- dian swamp for which he now stands on trial for his life. BircheJ.1 seems hardly to have considered that there was a choice before him. As for, the poor girl who had fastened herself to him, she evidently saw nothing in all the world but Birdsall. 1 -Te filled the whole land.? scape for her. When, with his flippant, cheerful way, he chose the path that led to tho devil, she apparently started gayly off with him hand In hand, and through all the mire that he heeled her, utttil she is in a' manner splashed with the very blood of that poor boy he betchered, her eyes seem never • to have been turned from his. The stone ; blindness of ber devotion is most extraordi- aary-almost a sort of hypnotism. LORD AND LADY SOMERSET. Had she been a free agent it would seem ' that every instiect within her, for sbe was; eared as a lady, would have risen in arms at. pretty nearly everything Birdsall did. His first act in W oodsteck was to proclaim him- . ten a nobleman -Lord Somerset he called! .einaself--a.ndunderthose colorsto begin the zed dreary round of swindling tradesman and the standard group of social idiots upon whom , ramps of the Birchall brand continually! trey. His wife aided him in this, and her ' ladylike appearance and speech had no little weight in helping line to impose upon hid dupes. He played the farce out to the end,. and she played it with bine When all the debts had been incurred that could be incur-, red without breakiug the camera back, and tte last fool bad lent the last cent he weld lend, Birchen ran away. He want back to England, and there het seems to bave blocked out in rough outline the general features of bit great crInics, curious habit of this strange being was thae he bad great order in the preservation of hie letters and papers. No matter how telefax. they were or how compromising, all were kept, and keptneatly folded and in couvenie ent order for reference. At the time of hie ,arrest Ibis was of greatservice to the officert; oit the law. They found everything at their; hands, and smug Use things found were es number at drafts of advertisements, evidente ly intended for insertion in some Lendote newspaper. THE SWINDLING SMUT= STARTED. r Birchen seems to have practised for many; weeks before he got one worded just th suit. The general tenor of his earlier efforts was like tile following. which isa verbatinc copy from one of the samples found: CANADA -University man, having ferns, viiebes to meet gentleman's son to live wait and learn the business with view to partnere ship. Must have 4;500 to extend stock Board lodging and 0 per cent, interest tit: partnership arranged. Highest refereuce. It was as early as July, letea, that Birdsall! began tinkering at these advertisements bud it was not until September of that year that he got one to suit him, eix that tine one very similer to the Above appeared in the Daily Telegraph. Birchalles invaluable:net:. ter box proves that he got meny answers, but with only two of his merremundents did he do business,. TileSe two were Weights Ban: Moucl Pelly of Weldon Place, Sairron Wal- den, Hese; and Frederick C. Penwell, sax of Isteut-Col. Penwell ot Iseultdene, Chelten; bona Birctual went to see both the Polly and the Beuwell families, and on both he made a, very favorable impreeeion. Beth felt sure that he was a man a candor and business responsibility, ouel all the time he was telling them nettling but lies, and lies of the grossest diameter. He nee in such a speeifie way, and with such rautttiude of realietio details, thee he impoted upoa theta ail, absolutely and cosupletely. Ile bad, lid said, a farm otte tulle fron Nitiettra Falls, in Canada, on wlsieh tbere was a large brie; bouse, heated by stemm, onel =ay borne, en lighted by electricity. He was engeged ITT buyiug homes in the rough mei grooming tnein to sell in the Market. His overseer WaSG Seatchumn, wheels wale wasefacloriald, anI he Lad a number of other TUVU worlthag for hims and there were (mentos other peusible circumstances. The upoliet of it was that youn,T, Petty and young &Newell awl the par - cuts of tettlt feel beefily Into the trap. WITERE TITS SPOILS coon IN. Petty waste toy Ailed, for velitieh he was to receive expeucee, beard, !edging at the stock farm andeane per eeut, iuterest on the prate of the hneineete Benwell Was to go out witlt see liew he Mel the bus:Meal, and. if ft suited leen, to pas- hael for a leaf interest la the farm. st#4 num:tiara) MITCHAM. Neither Pellet nor Benwell ksiaw of the other'* existence. Neither knew that Biretta had negotiated with anybody save himself. When tbey perforce toot on the steamer at Livers pool to accompany Birchen to this sida Bimetal befogged them with lies. Now from this tinso begins weat may be called the third epoch in Birchen's career. The first, which coneisted of a wild and rather disgraceful youth, culminated in his elopement and marriage to Miss Stevenson. The second, when he was an adventurer and swindler, ended when he returned to England, after running away from his debts in Cans ada. We have him now setting out on his ast and criminal stage. THE LAST AND CRIMINAL noon Always the blinded, faithful wife was with him. With him she met the deluded Pellet end Benwell on the steamship Britannic at Liver- pool, and with him and them she came ta this country. The party arrived in Nese York on Feb. 14th last That was Friday. They went to the Metropolitan Hotel and re. mained until the following Saturday night. Sunday morning theyreached the Stafford House Buffalo. The crisis in BirchalPs plans was now at hand. He had led his two victims across the Atlantic, and he had brought them to the very borders of the place where he bad located his mythical stock farm. Not one word of what he had told them was true. He had= stock, he had no farm, he had nothing in the world save the relics of Pelly's £170 in his pocket and the clothes on his back. Belly telit PELLY'S STRAIGHT STORY. this story of the movements of Birdsall and of Benwell just prior to the murder: On Sunday, at the hotel in Buffalo," says Pally "Birchell said he would go over to the farm at Niagara Falls, and see how things were and surprise the employees. It was fin- ally decided that Birchen and Benwell would take a train leaving Buffalo at 6 o'clock in the morning and go to the Falls and make arrangements: for our reception; aud that Mrs. Birchen and I would remain behind. They went, and on the following night Bir- chall came buck alone. He said Beuwell did not like the farm and would not stay there. He said he had given Benwell some address- es up the country, and that he had gone there to see if he could suit himself better. The farm, he said, was in bad condition, and that Mrs. Birdsall and I had better not go to it yet, and that we had better stay in Nia- gara Falls. From this tiote out the witnesses who took the stand last week testified to almost every move of the prisoner's excepting in the hour of the cold-blooded tragedy in the Swamp of Death. THE FATAL CLOTS. , it was Feb. 17 when Birdsall and B amen' went away together. Birchen, Mrs. Birchen, and Pally lounged about Niagara Fans untie the 28th, Birchen lying all the time to Polly and Pelly swallowing the lies. Among other things just after he returned alone, he said that be haalreceivecl a letter from Benwell psking that his luggage be forwarded th him at London, Ont., where he was then stay - Ing. But at this very time Benwell was tring dead in a swamp with two bullet holes in his hend. Then his body wes toad t tee days afterhis departure from Buffalo with Birchen. It lay wits back in a thick dump ef bushes, just off from the desolate corduroy road, which pierces the large tamarack twarop a few miles to the east of Woodstock. fhere wore two bullet holes in the head, and. the flesh and hair were burned with powder. On the body itself there was not a scrap by Which the man might be identified. The mime had been cut even from the linen and underelothing. Not far way, however, was an empty cigar ease, and it bore the aame "F. 0, Benwell." At last, on the morning of Feb. 28. a young mon came to Princeton and. identified the body, and a number of Woodstock pe.ople identified the young Man.. He was their' eherislied Lord Somerset of something like a t'ea'- ago. He had seen the discovery of the body reported in a newspaper, and he feared it enight be leis deer friend Benwell, aud he had come on to make sure. His stories were eouilicting, and he was arrested and locked. 2p. This was the first step towards the final ect iutbe Birchen draraa, • Witness after witness traced Birchell's steps !roue the day he startel frotn Niagara to show Benwell the farm, to the thae he was laken up. • SOME roartvg EVIDENCP,.. MiSS Alice Smith, a, fair young Woodstock loss gave evidence that she shook hands with, Birchen at the railway station at East. wood on the day of the murder- . Conductor Poole and the brakenint and newsboy of the Hamilton train testified to teeing prisoner on the cars. He got in at Eostwoosi. Other witnesses proved this too. Ho and Betewell were else seen OTT the road, leading into the swamps on the sefternoou of that day. Chas. lintwell. brother of the deceased, identi0edsoute of the artielee femme on Bite, then as the property of the murdered man. W. M. Bevis, eugineor, gave evidence as' todistance front Etestwood to tee scene of the eturder-about 4.61 utiles. TIM FINDIO0 Oes Tilo BODY. Joseph Eldridge, one of Pee parties who Voted the betty, detailed the cireunsstoticet minutely. He and bits brother George mane the diseovery. There was a light snow on the :ground, but he saw no trades. The body looked as if it lead. been deposited there by somebody. Next day he and his brother found the cigar holder, marked "F.Benwell," and eye gine...sea by width the body was idea - tided Coustable Ne'ateen Of Prineeton, testified to doing to the Swamp with the EltIrldees to pt tbo ttoar. Ile stated. that Mohan end his wife arrived me the night of Wednes- day after the belly was found Birchen emu° to hint and made arraugements to have the Wier exlawatel next day that be might If poseibie. Wanly it That night Mr. ana Mrs. Bireheli draw to Peels toll me mime over night Birchen returned In the zuarning alone, and he matt witioos went to the side of the grave, wheel had teem opened. On the cantn lid being atieea Weibel leaned over and /tided ttt the Italy inside. Ho seemes1 numb affected and salvo' away tears from hiseyes. He deciarel that be would give it good deal of nientT to lose et the murderer traced, and placid the itritter tben and there in Hie levels of wove:, t . investigated. Menem drove over 1 N le dr s with the prisoner and when they got Melo Deteetive :deem', who was weditineisp th,. nem for the Provineial Governs:wire arsive in and witness intreductel biin t• t Umbel% Murray wonted the prisimer to eine» moven: to talk ever the istee, but Iiireli .11 tleelise.1 to talk sauna the nuater, reveal the poor. am if the conettebite James A. Swartz, undertaker, 'Village 'Wel Sint bail emu,. el hie lame the dint February and t him he had latown nenwele and that they Were ittletit rue:ming in farming. itirchall eel lien he ma received it letter from ilensvell e.'ntw'- ing tbe keys of bis trunks, foam et Inch he was to take some little thing; to send on to hint. Jobn Grigg, sexton of the cemetery where Benwell was interred, was present at four exhuinations of Benweles body. -When Bir- chen view the body he was nervoue and over - tome, and had to be assisted away ou the arnt Of a constable, but 'to shed no tears as haul been stated. TITS CAMS'S OF DRAM. Dr. Taylor gave medical evidence. Ile bad teen the body in the swamp, and the cloth- ing was frozen to the ground. He believeui it bad laid in the swamp four days. Death was produced by pistol wounds. There was no decomposition of the body. Dr. Wilfred had examined the body at Princeton the night it was found. The body, in his opinion, bad not fallen where it was found frozen stiff, but had been thrown or placed in that position. Prof. Wolverton of Woodstock, testified that on the 17th of February, the supposed day of the murder, the temperature was about freezing; there was rain at night and next day; on the 19th it was very cold; at night thunder and lightning. followed by sleet, cold on the 20th, with drifting snow; and on the 2Ist, when the body was found,* there were gusts of wind with snow. ATTEMPT TO STEAL THE BODY. Grigg, the Princeton sexton, spoke about a supposed attempt to steal Benwell's body, but' the parties being disturbed, made of!. T. A. Hull, lumberman, Princeton, had Feen Birchell at the train when he ea.me to identify the body. Asked him if when he Wrote from London Benwell had used paper containing the name of any hotel or any means by which he could be traced. Bir- chen explained that Benwell did not exactly write, but that he only sent on the keys of his baggage from London. THE DAMNING LETTER. A. letter, not previously made public, was read by Mr. Oster, from Birchell to Ben - well's father in England, setting forth that hie son had visited the farm and inspected the business, and found everything satisfactory, and asking for money to be sent forward. Birchen was arrested on the Sunday after the murder, and express receipts were found on his person for the deceased's baggage, as Well as keys and other personal property of deceased. Thisletter is considered by the Crown to be most damning evidence, for the letter was written three days alter Benwell was mur- dered. If Birchen did not know Benwell was dead; why did he write the lettere He asks for $2500 from Col. Benwell, and says that in foto.° all his and. young Benwell's Wadi will be type -written. This ii consid- ered as another deep laid scheme, whereby nirchall could secure money from Benwella father without having to do more than forge the name "lie C. Benwell." For the defence a young man named Mc- Queen testified that he nodded to Birchen in Woodstock streets on the day in question, so that there musts be mistaken, identity, somewhere. The Owe, were looked up over Sunday and on Monday the Counsels ad- dresses .were made. Both Mr. Osier and Mr.! 131ackstock made brilliant speeches. The judge then stemmed up and charged the jury., Through all the trials aud tribulations, though charged with murder and standingl on the verge of the scaffold, Rex Birchall has thowed undaunted courage. lie is a man of tremendous nerve, and as such ought to be eine rod BIREALLGUILTY And Sentenced to be Hanged on Nov. 14. PELLY'S NARROW ESCAPE A Solemn Scene in the WOCClatOOK COUrt Hoorn. THE PRISONER'S DEMEANOR. Eloquent Addresses by Oster mid Bieck. stock -The Jury Out an Boer and a Ha1t-t Terrible ordeal for the PrIsoner-ti 1 Am Not Guilty of the Crime, My Lord "-.The Prisoner Baca en Jail Before One and Pat In charge of the Death tratch-Precaottone Against suicides WooDsTock. Sept. 29. -The fate of Zebu Reginald Bird:all was solemnly sealea am exaetly midulght to -night, when t,he jury laroughtin it verdict of guilty of the wilful murder of Frederick Cornwallis Benwell in tbe lonely Blenheim swamp on Feb. 17 last. It just took the jury lee boursto make uptbeit, minds, although it was supposed by manes when tbe court room was finally cleared at 10 o'clock tbat they would remain out for three or firer bout& The jury were Insane. mows tau the first ballot, but they diseussed the matter for over an hour before corning to their 'final decision. The court room itself was utilized for the purpose a considering the verdict and the big crowd were bundled out into the veiny atmosphere with very little ceremony by the poste of constables, Birchen when the room was cleared was whirled away to tee jail. At Mee precisely Deputy -Sheriff Perry tripped across the amare to the O'Neill Howie where Mr. Justice Mac:Mahon was in waiting in his room. The doimty informed the judge that dee jury bad egeeed and in 10 minutes His Lordship was haelc in bis seat an the stage. There woe a rush for places bis tbe eourt roora after Iles Lordship entered tbe room. Altlaopgli it Was So near the eno hour ot miduight bait -a -dozen ladies were bold enough to squeeze into the 700112 among tbe 400 or an of men. Birelstill was brought back to the room at exactly 11.44. lie was securely handeuffed to Constable Martha! Anderson. When he all down in the stook it took the coast:Attlee nearly five utinedes to remove his ilatitting Inalniees. Tito prisoner's face was white toad Winched, and be seemed, to realize that it was all over with him. After the names of tee jury leei been coned Clerk Canfield, andel it death -like salines% add; "Gentlemen of the jtirv. have emu asesetel upon your verslieti" Gessrete Christopher, the most Intelligente lookino man ou the jury and who is it retired farmer living at. Ingersoll, had been chosen foreman find he uninediately arose and said: "Wo find the prisoner guilty a the murder." Mr. liellintith asked tit have the jury poliol awl thits nos neeordingly done. As stWIi .f the twelve rause, was called out Hie leneleldis metered: 'How say yen! hi John !toenail' Meets:al guilty of the offence •eliareel r' Each one of the twelve answered, "Guilty " Mr. Helmuth: "Tenr dehip, in the absence of Mr. BItiteketeek, who is unable to be present. I mime that the (Town reserve the ram bemuse of the introduction of the 11('ilisTiet'islttiip47." Hlle" I see no reason to reserve thelr. l eabe: eler; "I move for tee eentence of the enurt." All eyes 'were turned towards the doomed num, and in a :solemn. 'voice the judge emtanantle I thee prieoner to stand. pp. Birdsall slid so promptly, bis face beesming gleeetly pale, but he did net appear to move it musc14. Ile fixed his eves steadily .on the judge, who returnee the glance as be leaned over on hie Intik. and prepared to pass sentence. Iiis Lordship spoke ow, but with enniewbat of a tremor in his voice. It was justice+ Mc- Alahon's first death sentence. His Lordship then asked; "11 -hat ba.ve you to say, John Reginald Birehall, why the sentence of the 'court should not be pronounced on you foe tbe &luny of murder that you have com- mitted el The prisoner looked more intently if possible at the judge and said in aloud, clear voice: "Simply that I am not guilty of the ,crime, my lord?' '1'he audience looked on with something almost akin to paralysis. His Lordship then addressed the prisoner as follows: It is part of a solemn and painful duty east upon roe to pass upon you the Sent once of the eourt for the felony of which you have been convicted. I can only say I fully concur in the verdict which' has been returned bv the jury an the indiet- ment against sem. 'You have been defended with great ability. and there has been no point connected with the defence that has not been fully brougbt before the jury and pressed upon them with all the fervor and all the ability that human na- ture eould command, and while I say that I may say also that tbe inevitable con - elusion that has been reached in the minds not only of the jury but of almost every one who has listened M the trial was that you conceived and premeditated and carried out the murder of a young man who had. been entrusted to you by an aged father. It was your duty and your bounded duty to have looked after and protected him. Not- withstanding that, without any 'compunction on your part, you prepared to take his life And to reap the miserable reward that you ...thought was to be obtained by asking the price of the blood money which you would get by the draft that was to come from England landthe property, which youinamediately took possession. of. It is melancholy to think that, along with the education you possess, with opportunities which no doubt you must have had to further your own material in- terests, you should so far have forgotten yourself as to pursue the course which you have pursued and you should have prepared to dip your hand into the blood of your fel- low man. It is melancholy to think that alter such a short period after you became a married man and became connected with an „estimable and respectable family you ;should have brought this trouble and dis- grace upon them. I can hold out to you no hope whatever of any commutation of the senteuce I ens about to pronounce. There is, I may say to you, but a short time in which you can be permitted to live, and I earnestly implore you to take ad- vantage of every hour that remains to make your peace by supplicating the Throne of Heavenly Grace for forgiveness of offences 'ccuenitted by you in the ilesh. upon you, John Reginald Birchen, is that you be taken hence to the place whence you came, and that there within the twalls oe the prisort between the hours of 8 o'clock in the morning and 6 in the afternoon on Friday, Nov. 14 next, you be hanged by the neck until you are dead, aud may the Lord have mercy on your soul." 1 Birchen did not stagger, nor did an audible ityllable escape from his lips. He sank back easily in his, chair in the dock, while the spec-, eaters flocked around his box or peered over, ;the top of the rail et the doomed man. He did not look to the right nor to the left, but simply gazed ahead of him. Mr. McKay,' and lir. Hellinuth walked over to him and he shook hands with both of them, adding a Pronounced, "Thank you gentlemen." 1 I Once more it became necessary to clear the court room.' The jurymen mingled with the spectators aud seemed glad once more to breathe the air of freedom after their eight lays ot confinenient. tiftem mimeos after midnight Birchen Tho Sentence of the Court le met himself back in the jail with the death eas maced upon him. It was wiespered t.... ogistea. the crowd that he would commit suite a but ampleprecautions have already tn eeissn nj ee t the ail to prevent that. ...lee. Birchen hs,4 long since retired, hex- ing been git'en it powerful opiate by her Phesidan to quiet her nerves. But the asio fel news was subsequently brokeu to her by Mr. liellinuth. Thus endeui this court chapter in this awes inspinng scene. .nteitellia7s aze Too air. Some of the Visitors to the Court itOOM^"" Souse Sympathetes sconces Among the early arrivals at the court room were Da elaeXabon, M.L.A. for North. Wentworth, and brother of the pre. siding judge. The doctor reached town at 6 o'clock this mottling, coming from the West. Mrs. Blackstock arrived from Toronto at an early hour and was present all through the long session of the irtourti The addresses occupied five rah:Lutes more than 1134 hours in delivery: Mr. Blackstock spoke for 5 hours and, 10 minutes, Mr. Osler for 4 hours and 10 minutes, and His Lordslaip for 2 hours and 15 minutes. The speaking lasted from 9.55 a.m. to 9.5 with a short iutermission for lunch. All through these long and anxious hours the prisoner sat with his oyes riveted on the speaker, as the case leappened th be, or on the jury: Only bis head was visible above the top of the rail of the dock, ancl his face wore an anxious and. fright- ened look all through the lengthy ordeal For an hour at atime he sat with a statue -like pose of the head, appearing at laterals as if be were attempting to mesmerize the twelve good men and true. Very few of them, bowever, returned Birchen's anxious stare. They sat nervously Mt their chairs, drank copi- ous draughts 4 water hawed them by the constables and Reined wettest in nothing dee A the wures that fell witn ineaeured 'pave first from Mr. inacestork, time trout 31r. Osler and last of all to the stern judicial phrae:es of His Lordship. After the shades of night teed gathered over the court mum the gas was lighted and still the incessaat recital 6 the remarkattle circumstances surroundingthe cam: went dramatically along. Outisde in tee square there Was it dente crowd, and they bowled aud yelled themselves hoarse in revenge for not being, admitted to the already crexteled room. Their unseemly disbusbances did not in the least appear to disturb tee judicial et:amity oe Juetica Maeliallon at hie eisure, for it was while His Lordship was speektug that the throng ouside yelled their loudest. Occasionally Mrs. Birchen and her sister Mrs. West -Jones were in the court room dining tett speecb of Mr. lateelseteck ansi they sat immediately behind les chair. They, bowever, left the team when the geutleman 'bad Medial hie epeoteli. Mrs. Birchen, bag,gara lolzina at all twee gave way to the melting moil when )1r. iilackstock feeliusely and vatted.. cider referrea to the garland td witely de- votion that invested all her actioue tuwards the accused mau since hes tureet seven menthe ago. The seente in the crowd- ed court retim during tee reeital by 31r. Blecestork a this touching reference to the unfortunate woman, for who eau say that she is not unfertuuate, was pathetic in the extreme. Many of the lathes ia the room looked toward the wuman and her sinter with luveluntaryasel proffered empathy, but the peer ereature heeded them not. Her thallgliTS Wets. find ouly knows what -probably they were N'Abt iu a once happy home lit far-oif lenglaud, per. baps in tier husband's Lately ad, perhaps the betel: ehatlew ef the gibing, filial her and wall lie/rose mid dread. No elle M the Nola ti.k.itled to more thereugisly tint train) tint sittlatiell than Mr. Illarliettags awl the leosal gentlemen who so ably tteeistal him in the defence, Mr.L 'helm ut mei r. G. S. 31e1ay. :do counsel ever went into thu task by ex- piainino away to it jury the iron deem of mrcumetauees with mere earnestnees,. with more genuine wholessoulea expression tit bin etnintenanee, tban did the rouge advoeute from the Queen City. In stratige cfnarast was the expression on the rountenance of Mr. Osier. He seemed like an old weeder who was Mena entering it battle whist he had tamely won, like ram horse who lesoked with contempt on his fellowmentitetitors. But, withal, 31r. Osler 'MIS net harsh or spiteful in presenting in; there aud backing them utt with the expert - ewe. of an old court eampaigner. The judge, it was remarked from, the out- set, Addle he no doubt spoke to the jury as a teacher would to a cities of pupils tutted as it it was a foregone conclusion anti teat th him the fact was clear that the stroug arm at the law had descended. upon the right person, and that it was bis duty to so impress the jury and Canadians ought to be extremely thankful that they had no more to do with this terrible crime than bringing tho guilty man to justice. Farmer Costan Gets a Seat in court. At exactly 9ese o'clock Mr. Justice Mac. Mahon came out upon the stage and took his seat upon the "bench." The chairs which had been placed so conspicuously to the left of that of His Lordship had been re- moved, and the favored ladies who occupied these places formerly had M seek seats in the body of the vourt-room. Therefore the court had the whole stage to itself, with no one else to share the limelight, if there had been eucu sut adjunct to this theatrically -set scene. His Lordship, turning to Mr. Blackstock, said: "Any evidence:" "Yes, my Lord," was the reply, "John McMaster." A Canadian Pacific telegraph messenger boy stepped into the witness box and testi- fied that he delivered the telegram from the Stafford House, Buffalo, to Birchen, saying there was a letter and telegram for prisoner, to Mr. O'Neill, clerk of Banifield's Imperial Hotel. Mr. Blackstock said that since Saturday a new witness had appeared on the scene. He read an atlievit by Mr. Hellumtti to the effect that James Costan, a farmer living ee a mile from Princeton, could give sotuo evi- dence in the case. His Lordship said he might be called and he was sworn. Costan was a farmer near Princeton. He recollected the circumstance of tbe body being found in the swamp. On Tuesday evening of that week a youug man, apparently about 35, a stranger and well dressed, called at his house and asked to remain over night. He said he came from Brantford and wanted to go to Woodstock. Witness told him he could noe stay. Prisoner said he had applied at many of the houses along the road and they refused to accommo- date him. He also asked if there were any woods near. He afterwards saw the body of the man found in the swamp, but he did not bear any resemblance to the man witness saw. It was quite apparent that Farmer Costan Sad resorted to this ruse to gain admission to the court -room auti get a good seat. Mr. Osier did not deem it necessary to cross. examine the witeess. George Patterson, who took the depositions at the Princeton inquest, was called to prove these. To Mr. Oder ne said he did not take question and answer, but wrote it in narrae tore form, and necessarily had to put deem his own interpretation of the evidence as given by each witness. The register of the Metropolitan Hotel, Now York, was put in, which showed that on Feb. 15 last, Birchen, his wife, Pelly and Benwell were all registered at that house, written, as stated by Mr. Blackstock, in the prisoner's handwriting. The Effort of Els Lite. Mr. Blaokstock, although he seemed to be laboring under a great load during the first hour of his address, gradually became easier in the presentation of his facts. Everyone who listened to the address admits it should be counted as the effort of his life before a jury. He did not enMr into theories, as he • frequently remarked that he would not, but Se explained away, one by one; according to his views, the strong links of the dreamt stantial evidence. eir. Blackstock's address, throughout was of that strong and intense kind. He fastened bis epee constently oft the jury, very, seldem looking towards the', prisoner or around the court room. Birchen' followed his counsel's remarks with the keen- est of interest nue Isis gaze towardathe stal- . — wart younc adeoen Ts who wee en Te 1 tasle of swing his neck from ti rol. west &vaned tor usi sae.,u. . same face was pale and he le beN,I e ee one Nebo had sat up for a couple of preparing his lr-reAlean Wort. an, belated no sena whatever of fati de the whole time of his niter...es, wheel le exactly 5 hours and 10 minutes. lie eel close without paying a clever compliment the ability of elr. Oster, st Ito, tia sail, always found on the side a deftest prisoners, end it was worthy of remark he should now be engaged on behalf of crown. His Lordship, too, was painted tbe jury as a gentleman who had, made mark at the bar, both as a prosecutor an a defender, and he bespoke from bench every fatness and e,ouside tion for his client. There was l it stir in the couraroom during Mr. Ble stock's telling speech. There was no off at, applause, for, no doubt if there bad it would have been peomptly suppr Mr. Blackstock took secetteion to roast de tivee generally, and dohn Murray ittp ticular, not because of the way that be b worked up tlae case, but evidently because the thorough manner in weskit that oill had worked up his ease tor the crown las yers. Ma Osier's addgen was just one bo theater than that f Mr. Blackstock. Mr. Osier, wbo is such a famusar figur before juries alt qtver the province, adver to Isis old practjice of getting directly co Posite the 12 goojl men's line and talked through those lo4g hours to tlae jury and th jury alone. Ile tppealn4 as sympathetical' for the prisoner s conviction, as he bas o mauy occasions p eaded for an accused Man' acquittal of so le serious crime. As I his openingaddr 3,1F. Osier carefully wen over the whole or tanstance of the crime, tee motive, bow it was committed and how an effort bad been made tm cover up an traens of tbe deed. Ur. Oder also took oreasi&zri1 defend lees tective Murray from the °minute t made on him by Mr. Blaze:stock, holdint that the enevernment °dicer bad worked p the dence ou bebalf of tbe Crown in a c lever and astute manner. "The hatred of 11 rray by the prisouer was reflected through h coetn- eiel..declared Mr. Osier. The crown prosecutor told the jury em- phatically that he bad uo doubt of the pri- amer's guilt and lot asked for bit conviction on the overwbeleaing chain a eireutustan gee presented by the crown. His Lordelihes address was a general re- view a tho evidence, durusg the course of which he fully instructed the jury on poiatit of law. ••••••••••••••••••••or•I THREE STIR.111tE ADDRESSES. Mr. Illactistoeic Molds the Floor for Over Ohm omen. Mr. Bled:stock then arose to deliver his address to the jury. lie said; However feeble aud inadequate my own capabilities may 1*1 have every hope of receiving your imiulgetit seenteseelty during the adaress. A :solemn awl maperang scene is being enacted; you are participating iu the gravest, most rest/els:4PM and most as,wful fuuction which civilization presents to the human being; you are debating. the question 41110 and death. Society, for as own protection, bas said that under (*nein circumstances it has the right to step in and anticipate the messenger a (teeth; teat though God gave life man has a. right to take it. There are in this commun- ity, as well as in many others, a large faction who maintain that under no circumstances should society have the right to forfeit human life, and many states have abolished capital punishineut. We live in it couutry where the law ball enforces the death penalty, mid while we thoula uphold the law the only juetificatiou for its existence must be the highest necessity founded upon the rougest proofs. A. vast preportioix of tile evidence submitted was such an could only be challenged upon oath iu the box, but the prisoner WUS nut competent to enter the but in hit, own behalf, the law did lest permit it, it conferred upon lein no privilege of combating the statements a the u itemises if he culled Another difficulty was teat a large proportion of the evidence was of circuMstanCes far removed from the present scene -some of it took place in Eng - tend. A. considerable portion of the evidence was sprung upon the defence and they were unable to beeture testimony to refute it. An- ohe tluor ehapter in tnarrative of thiliculties Lab WWII The Attired° of the Press. I would be the last person to prescribe the 11.Vi deb of the public press, but if it verdict ot guilty is eronounced by you, gentlemen, it %sot not be upon the evidence. but because tue dragnet of the newspaper has been :inroad through theslitny slough of inuendo and Insinuation. The human mind is not so constituted' as M be able to dissociate tbe teeth:neer Oven in the wituess box froui what they shad read or been told, consequently the jurors would be unable to eliminate entirelyfrom their minds entirely the false impressions they have formed on the incipient stages of the case. In making use of tuts language I do not wish to con- demn iudiseitemmately the work done by the newspapers. Some of the work was good work. In my. own opinion all the honest detective work in this case has been done by the newspapers. While not denying the rigut of the press to publish a fair ac- count of all the facts, it was not their pro- Vitief3 when a man was on trial for his life to publish the whisper of inuendo that dare not come into the box to seal its testimony with the oath. The expensive and extensive pre- parations made by the Crown were referred to. The defence had no money to bring wit- nesses from England, to bring testimony from Nevada, or with which to purchase the Mises. While the testhuony of maim of the witneeses for the crown was loaded witit malice and dishonesty he defied anyone to put a finger on a witness for the defence who showed indications of unreliability. The solicitors for the defence had found them. selves crippled at every turn because they had not the funds at their disposal to meet the enormous expense connected with the ease. They had labored almost without re- eves -el for months. because having undertaken the case of the peisoner they felt constrained to leave no stone unturned to see that he secured justice. All the circumstances con- strain me M ask you th bring upon this case your fidelity and clear sightedness. It is not alone the prisoner who 15 on trial. The in- stitutions of the country are on trial. It is on trial whether we shall return to mob law, whether the newspapers or a jury shall try a DOM. I therefore ask you to sink the plum- met fine of your intelligence and your hon- esty to the bottom of tbo evidence, for I tell you my client has been pilloried Lot' a crime of whim he is innocent, but is eisle.ngered by malignant passions tend pre-, juttices to which no prisouer iu any court of justice has ever been exposed. After ex- nialuine the duty of the advocate and point - hug out the utter unreliability of the testi- mony of detectives, Mr. Blackstock cautioned tie jurors that if in the conduct of the case there had been faults of temper, faults oe time if one witness bad been unduly pressed another too harshly dealt with, not to let the lash of censure fall upon the prisoner, eut upon the shoulders where it belonged/ His was the fault, not the prisoner's. The learned counsel also pointed out that Birchall •- was not on trial for the honesty of bie don- ctuct, and told the jury that, nnexpiained, • the dealings of the prisoner vvitlis Benwell were not consistent with, ha innocence or dishonest dealings. It was undeniable that he had made state- ments to induce the deceased to come out to tele country which were not in accord with • the facts. It appears that he was endeavor- ing to get somebody else out here to furnish the capital with which to start 1 business. and brought him here on false represented tons as to his business. But you have no right to take iuto consideration the honesty or dishonesty of these dealings. I do note therefore, defend him upon these poiutsS first, because I should be at a loss to do soe and secondly, because it is not the charge in the indictment Sifting the Evidence. Mn. Blackstock than proceeded to review the evidence -with respect to prisoner's 'statements to' Lumberman' Itull, Operator Phemistet and Captain Coate I do not say that his witne a