Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-09-29

UICIDE OF A RICHMOND MAN.
NEWS OVER THE WIRE.
PLEADING FOR BIRCHALL
MIR. Biackstock, the Prisouer's Counsel.
Begins His Speech.


WOODSTOCK, ONT, Sept 2s-At s:ss O'Clock
this morning Mr.. Blackstock began his address
TO the jury in Birchall's behalf Every inch Of
space in the court room was occupied and the
ladies, as heretofore, were present in a. large
numbers as the men. Long before the doors
were opened dense throng gathered in 'front.'
OF the court house and for a time they over
powered the constabies, who raped the peo-
pie on the head with their long
official stats, finally making n mar
row lane for the prisoner court
officials and jury to pass through. Many ladies
cried at the rough treatment Before summing
up began Mr.. Blackstock introduced three wit
nesses for the defense. James Costin, q farmer
living half mile from Princeton. was the most
important. He said that a stranger called at
his house Tuesday evening. February Is and
asked for q nights lodging. He refused. He
said he was going TO Woodstock. The witness
saw the body Of Benwell and nov swore that
the stranger was not the same man. The reg
lister OF the Metropolitan Hotel, New York. was
produced, showing the entry of the names
Birchaii, Benwell and party and acknowledged
Mr. Blackstock's address was exceedingly
able. He said:
"A solemn and imposing scene 10 enacting
here. lou are participating in the gravest,
most responsible and most dreadful function
which civilization presents 10 human being
We are debating here today of life and death
Human society, for its own protection and for
the safeguard of the mighty fabric Of civiliza-
tion, has said that under certain circumstances
1t has the right TO step in and anticipate the
messenger of death, daring under certain cir
cumstances 70 say that though God gave life
man has the right to destroy it. Gentlemen. 1
need not tell you that there is in our own COM
muni;y, in every community. a very large and
important faction who take the position that
under no circumstances has human society the
right to forfeit human life. Many Of the most
enlightened governments OF the nineteenth
century have done away with capital punish-
ment."
Mr.. Blackstock referred to the fact that the
prisoner could not testify In his own behalf
and continued: so also. gentlemen a great por-
ton OF this evidence is OF circumstance far re-
moved from the scene. Some OF il takes place
IN England, some OF II related to circumstances
that took place there and much OF il sprung
upon HIM without previous knowledge OF its
coming, so that he stands in the position Of be-
ing unable to present to YOU evidence 70 meet
it,"
Speaking of the influences Of the newspapers
on the case he said: Gentlemen. am the last
person who would try 70 circumscribe or over
throw the liberty OF the press. No one is more
profoundly moved than by the solid advant-
ages which accrue TO the public from the
liberty which the press enjoys, but also want
TO say If verdict of guilty is pronounced
against that man it will not be upon the evil
dence which has been heard from that box but
II will be because the dragnet OF the news
papers has been abroad through the Shiny siuices
OF innuendo or whisper OF interested malice
and imagination and because il is impossible
for either jury or judge to entirely disassociate
the case from the impression that he has
received. Gentlemen. al is TO no end that nv
lord instructs you to deliver yourself OF these
false Impressions. The human mind is not so
constituted. / defy any Of you to do it,"
He appealed to the jury TO be on their guard
against the influence of previous impressions,
and continued: Then, gentlemen, again, look
at the elaborate preparations made for this case
by the crown. Think Of yourself wonder
what farmer in the county of Oxford would
stand defense against the preparations Of the
crown. We have no money 10 bring witnesses
from England and Nevada 20 purchase the evil
dence with, and call you to witness here that,
while the evidence called by the crown-beyond
question in many particulsrs-has been shown
TO be loaded with malice and dishonesty, my
learned friend will be unable to put his finger
on a witness who went into that box az the in
stance of the defense and who gave the smallest
evidence OF being man that was not reliable"
MRS BIRCHALL's PITIFUL ENDURANCE.
The interest in the case has steadily risen un-
til now il exceeds anything ever known in
similar case in the history Of Canadian crimi-
nal Jurisprudence. At the moment the court
was about to open the room was already well
filed and there was a surging crowd outside,
made up Of all sorts and conditions Of people.
struggling forward TO secure admission. The
judge and lawyers had TO fight their way
through the crowd. The work of preventing
the crowding of the court room was well done,
and at the time the court opened no more had
been admitted than would I'LL the seats avail
able.
Prominent among those in the court room,
and sitting just behind counsel for the defense
and very near the prisoners dock, were Mrs.
Birchali and her sister. Mrs. west-Jones. Mrs.
Birchall seems 10 have nerved herself to listen
10 all that goes on but there was a WEAKNESS
in her face most, pitiful to see. Mrs. West
Jones came only because her sister must be
supported in the fearful ordeal. On passing
the dock she never once looked at its occupant
and even Mrs. Birchall seems to dread 70 let
her eyes rest upon her husbands face.
BIRcHALL rs NERVOUS.
The prisoner was in his place early. AZ last
the strain is telling upon him. 1t is evident
that he did not sleep well last night but he
shows nothing like fear, simply the nervous
ness and lack Of apprehension Of a man who
feels that great events for him are happening
and that the time when it will be known what
the future has in store for him q fast
approaching. The jury looked wonderfully
fresh and well kept considering the time
they have been confined. Among those in the
court room this morning were A. Bissonnett.
high constable Of Montreal, Chief OF Police
McKinnon of Hamilton and many other police
connection with the trial is that in addition 70
the regular force Of newspaper men there is in
attendance h large stad Of stenographers en-
ployed by one of the McCabe companies, which
has arranged to send by cable verbatim reporta
of Mr. Blackstock's speech. the judges charge
and long report Of Mr.. Osler's address as well
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