St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-09-30
bIRCHALL is DOOMED.
Convicted of the Murder of
Benwell and Sentenced
to Swing.
Unless Respited or Reprieved
He Will Be Hanged No
Vember IL.
Anarchist SchWab's Plea for
Liberty Is Denied by Judge
Gresham.
Two Trains on the jersey
Central Collide With
Fatal Result.

WOODSTOCK. Sept. 29.-The jury in
the Blrchall murder trial at II 80 p. m
returned verdict of murder in the first
degree and Birchall was sentenced to be
hanged Nov. IA. The prisoner paled
when the verdict was rendered, but did
finch when the death penalty was i'm
posed. This morning Mr.. Blackstock
began his address to the jury In Birch
ALPS behalf. Every inch of space in the
court room was occupied.and the ladies,
as heretofore, were present in as large
numbers as the men. Mr.. Blackstock
pleaded with the jury to give the pris-
Oner the benefit of all reasonable doubt.
He said the murder was as much mys-
terry to him as to the jury, but prophe
sled thct the mists would be cleared
away by time. Mr.. Blackstock finished
o'clock. having spoken five and
quarter hours. Mrs. Birchall was much
affected by the address, but Birchall,
who had listened calmly to all that was
said, was as self-possessed as ever.
After brief recess for dinner, MIR.
Osier began his address for the crown.
He reviewed the story in detail, and
analyZed Birchalls negotiations with
Benwell into one fact-a plan to entrap
young Benwall to Canada on represeh-
tationS he knew would be shown to be
false the moment he arrived In Canada.
The motive was to secure $500. He de-
tailed Birchall's dealings with Pelly,
and said the outcome of all this fraud
and deception could be but one thing.
and that was BleDheim's swamp. Look
at it ali as you read the correspondence;
read between lines and you will see
there just the
Simple. Awful Word. 'Murder.'o
Mr.. Osler's address occupied four
hours and five minutes. Judge Nc
Mahon began his address at 7:3s, and in
opening remarked that they were now
drawing to the close of grave and i'm
portant case. AS to the question of pun
ishment, neither the jury nor himself
had anything to do. The punishment
for such cases was provided by the peo-
pie, to whom they looked up. On the
threshold of the case he warned them
to disabuse their minds of any
statements they may have read, and
asked them as solemn duty to rele-
gate what they had read to the past and
leave their minds like blank page to
receive the evidence given in court
uuutI OdIu. LII GlIlS CoSc lllcIG was UO
direct evidence of guilt, yet like many
other cases it showed gaeat depravity.
He pointed out the difference be-
tween direct and circumstan-
tial evidence, showing, ss he de-
sired, that the latter when con-
elusive was far more reliable. In this
case the jury was called upon to con-
slider the evidence according to the
rules he had laid down in such cases.
The crown undertook to satisfy the jury
| as reasonable men that the prisoner at
the bar murdered Benwell. The judge
| then reviewed the evidence given by
by the witnesses for the crown and said:
1.-The theory of the crown is that the
| swamp on Monday. If he did not muir
der him on that day then he is not
| guilty of this crime, because that is the
| only day he was insthat locality"
| His lordship, in conclusion, said the
| duty rested with the jury to pass upon
| the evidence, and theirs was solemn
! one. With the punishment they have
nothing to do.
His lordship concluded his address at
| $3.50 O'Clock, after which the court was
| cleared. The jury retired at 9:53, and
he judge arrived in the court room at
| IL rs p. m. Before the prisoner was
removed, he called Detective Murray to
| his side and
Said He Was Sorry
for what his counsel had said against
him, and he wished to say that he had
been treated with the greatest consider
alton by that officer. at :27 the Judge
took his seat on the bench again. The
| counsel soon put in their appearance,
and the vast audience was as still as
death for several minutes awaiting the
arrival of the prisoner, whose life now
hung in the balance. The prisoner was
brought into court handcutfed at II AS,
looking pale and nervous. AS soon as
he arrived the jury was asked if they
had agreed upon verdict, and replied:
1--WE have"
"What is your verdict" asked Judge
| Mcmahon.
Guilty" the foreman replied.
When asked if he had anything to
say why sentence should not be passed
upon him, Birchall replied: simply,
| am not guilty of murder"
The judge then said: II fully con-
cur with the verdict of the jury" and
proceeded to pronounce sentence, which
was that Birchall be taken to the Jail,
and between the hours of a. m. and
p. m. on Friday, the 14th day of No.
vember, be hanged by the neck until
| dead