Smyrna times., 1890-10-08
The Birchall Murder Case.

10 OH6 OI6n6 ulOSG r6markaDlo IN GHe
annals of criminal jurisprudence. The
prisoner was convicted wholly on the
strength of circumstantial evidence.
There was no direct testimony against
him, but so complete was the network
of indirect proof which, in ensnaring
his victim, he had drawn around him
self, that there could be no reasonable
doubt of his guilt. Convictions for
murder, solely on circumstantial evil
dense are so rare that this case has at
tracted intense public interest in the
United States, Canada and England.
The evidence revealed at once the de-
pravity and i'll calculated cunning of
a desperate trickster, who counted
confidently from the beginning upon
his ability to screen himself from de-
lection provided he could be the onlv
witness of his crime.
Birchall is not the ordinary tvpe of
the adventurer who seeks to live bv
his wits and fails for want of capital.
II
A Well-born Englishman leading a fast
life, he undertook in the first instance
to improve his fortunes by marriage.
His wife's family, reluctantly forced to
consent to the match, were temporar-
lily relieved by the departure of the
ill-mated couple for Canada, but it was
not long before they were back again
in England and without visible means
OF support. Having tailed in his first
endeavOr to obtain living at the ex-
pense of his wife's relatives. Bircball
had recourse to an astounding plot for
Turing young Englishman, to death
BenWell, and prOfting by the credulity
OF his victims relatives. He asserted
that he had large farm near Niagara
Falls, and companion named Pellev
10 enter into partnership with him.
The three Englishmen, accompanied
by Mrs. Birchall, sailed for New York.
with the understanding thai Benwel's
father was to advance 50, 500 for a half
interest in the farm if favorable reports
should be received from Canada. On
their arrival in New York Bircball
and Benwell started at once
for Ontario, leaving Pelley and Mrs.
Blrcha!l to follow them on the next
day. Benwell was murdered in a
swamp on the night of his arrival in
Canada. Birchall in reioining PeIlev
and Mrs. Birchall reported that Ben
well had not liked the farm and started
on journey into the country. While
writing at once to Benwell's father to
have the $4,000 sent at once, as the
farm was satisfactory to all the part
ners, he undertook to allay Pelley's
uneasiness by plausible explanations
OF the young Englishman's disappear
ance. After the party had been a
week at Clifton, the body of the MUIR
dered man was found. Birchall pro-
duced a fictitious telegram from Ben
well at New York asking to have the
baggage sent On. Pelley, duped by the
murderer, went to New York. Bir-
chall remained in Canada and after
identifying the body was arrested.
There was no witness of the murder
save the man who had suddenly turned
upon his victim and shot him with a
revolver after entrapping him in the
swamp. The body had been left in
an unfrequented quarter, and if a Gig.
ar-holder had not been found there
would have been no means ofidentifv-
ing it. Evidently the murderer had
calculated upon wearing out Pellev's
patience after Benwell's disappearance.
and sending him back to England.
while waiting himself for the monev.
which he had promptly sent for in the
name of the firm. The cigar-holder |
revealed the dead mans identify. and
suspicion was fastened upon Birchall.
Then his duplicity and mendacity COM
pleted the chain of evidence against
him, with the adventitious aid of sew
eral witnesses, who had, seen the two
men together the night of the murder.
There was no farm there had been a
complex tissue of false representations
to lure the partners into the project
there was the letter to Benwell's faith.
er, soliciting the sending of the S25OO
by cable, and finally there was the fic-
titious dispatch from New York. All
this dissimulatior, treachery, lying,
was only explained on the ground of
Birchall's guilt. The motive and ex-
PLANTATION of the murder were uner-
ringly set forth by the extraordinary
conspiracy into which the murderer
had recklessly entered while apparent
ly under the delusion that the cir.
cumstantial evidence would not be
sufficient to convict him or even cast
suspicion on him.
The Bircball case is a curious psv-
Geological study. 1t discloses abnor-
NAL depravity and constructive talent
for conspiracy and crime, and in con-
nection with these qualities, singular
credulity and lack of practical discre-
ton. The man who imposed upon the
confidence of his English friends was
also his own dupe. He had sufficient !
ability to devise and carry out most |
elaborate conspiracy, but he lacked !
the practical intelligence to foresee the |
consequence of his treachery and men |
dacity. His lies were certain to find
him out and brand him as the only |
possible murderer.
'Tis sad to see q women growing old before her |
time
All broken down and helples when life should |
hold It's prime;