Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1890-10-02
He Enticed His Victim Into a Dark
Swamp and Then Sprang
Upon Him.
The Human Monster Will Suffer for
His Relentless Deed--A History
Of the Crime.

less methods of the prosecution and the
apparently careless manner in which the
witnesses for the crown seemed ready to
swear away Lan's life. His summing
up of the evidence was very exhaustive,
pointing out the defects in
the evidence bearing upon
Birchall's identity. Discussing on
the moral character of his client, he said
that he must admit the utter inability to
point out an explanation of the course OBJ
served by Burchall which would be con-
sistent with his innocense of dishonest
purposes. The only explanation Of
Birchall's statements to Policy and Ben
well inducing them to come out there
which Blackstock could offer was
that Birchall expected to secure
through them the money to enable
him to go into business and make good
his promises. He denounced the man
ner Of conducting the Identification of
the prisoner as disgraceful and ap-
pealed to the jury to think only Of the
evidence before them In making up their
minds, The time would come when the
mystery surrounding this crime would be
cleared away. He closed with touching
reference to the devotion of Mrs. Birchall.
Mr.. Osler closed for the crown. He re-
viewed the story In detail and analysed
Birchall's negotiations with Benwell into
one fact-a plan to entrap young Benweil
to Canada on representations he knew
would be shown to be false the mo-
ment he arrived in Canada. The motive
wos to secure FIVE hundred pounds. He
detailed Birchall's dealings with Policy,
and said the outcome of all this fraud and
deception could be one thing only, and that
was Blenheim's swamp. Look at it all
and all as you read the correspondence;
read between the lines and you will see
there just the simple, awful word, muir
der"
The Judge in charging the jury reviewed
many points in the case and at length.
He pointed out the difference between
direct and circumstantial evidence, show
ing the latter when conclusive was far
important fact that Birchall had the keys
to Benwells baggage and reverted to the
letters written by the prisoner to Benwells
father. If FIVE hundred pounds were sent
to the firm as requested IN the letter, any
member of the firm could claim it. The
prisoner speaks of the purchase of another
piece of property and that BenweIl would
write by the first mail. What was the
object of these letters. All was deception
and the prisoner must have known that
Benwell would never write such letter
to his father The condition of the cloth
ing on the body when found, the Judge
thou ght. disproved the theory of the
defense that the murder was for plumber
It was significant that every mark on
The clothing had been removed, and had
it not been for the finding of the cigar
holder Ben we'll s death would always have
remained mystery. The jury retired at
$50 and returned at 0:30 with verdict
of guilty of murder in the first degree
When asked if he had anything to say
why sentence should not be passed upon
him, B4rchall replied: Simply, l am
not guilty of murder The judge then
said: Il fully concur with the verdict of
the jury and sentenced Birchall to hang
the 14th of November.
F. C. Benwell, for whose murder Bir-
chell was placed on trial, was about TWEEN
! ty-fve years of age, and the son of Col.
W. W. BenwelI, of the English army. He
was intimately acquainted with Blrchell
in England and sometime about last
Christmas the latter made a proposition
to MIN to form part lershlp to
obtain the control Of stock farm
near Niagara Falls, of which Biz
chell claimed to be part owner
Young Benwel looked tavorably upon the
matter, and Birchell then attempted to
secure some money la advance from Ben
wells father. The old gentleman. how
ever, was wary, and decided that when
his son reported to him from Canada that
the business was satisfactory he would
pay the money agreed upon twenty
five hundred dollars, but not be-
fore. Accordingly, on February 5,
a party consisting of Benwell, Birchell, the
latter's wife, Florence, and d young man
named Pelly, who had also arranged with
Bircheli to engage in farm work in Canada
sailed from Liverpool on the steamer Brit
/ Il, -, - Il
the party proceeded to Buffalo and thence
to Niagara Falls. On February T.,
Birchell and Benwell started to in
vestigate the alleged farm. They
took the train as far as Eastwood station
where they left it and started to walk
! At the farm houses along the turnpike
Birchill was frequently recognized, he
having lived at Woodstock for some
time under the name of Lord Somerset
What transpired during the next few
hours is a secret locked III one man S
breast. whether that man be the prisoner
or some one else. At any rate, Brchell
returned to Niagara Falls, alone.
Four days later, however. or on Febru-
airy 81 the dead body of Benwell was
found In the weeds of swamp on The Edge
of Mud Lake In Oxford county. His cloth
! ing was saturated with the blood that had
flowed from two bullet wounds in the
head. There were no papers in his
pockets and the murderer of murder
ers had actually cut out every por
ton of the victims clothing upon
which his name appeared. It happened
however, that cigar case had been over.
looked in the hind pocket of his coat, and
upon which his name was engraved. This
gave the first clew to the detectives, and
finally as q result Of some decidedly skill.