Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1890-09-30

termination TO these transactions except
tae Blenhelm swamp tragedy.
Not Written by a Fool.
II would have you bear in mind" he
said, Two important things The rela-
tionship between the parties and the OBJ
ject OF the murder. That letter to Col.
Benwell was not written by fool. Fancy
that man writing that letter for $500 with
the knowledge that Benwell was abroad in
the country with equal postal facilities.
The man who wrote that letter knew that
Benwell was lying stiff In death aud that
his hand would never more put pen TO
paper" Then Mr. Osler won't into a series
of questions, throwing into bold relief the
statements in Birchall's letter of Feb. 20
that Benwell had taken counsel with a
barrister in London; that he had intro
duced Benwell to several persons. "Where
are these personss" he asked. Produce
one such man 20 whom he introduced Ben
well. That mans testimony In the wit
ness box would set Brchall free. What
does Birchall mean by the firm Of Birchall
s. Benwelli He means TO be able to get
the money. For one partner can get letters
for the firm from the postofice. He in
tended to forge the signature.
"And what lurld light all this throws
Stafford house In Buffalo Sunday night
before the murderl Where was Birchall
on the 18th OF February Why doesn't he
speakf With whom was he in company
on that day. II no was shut up away
from people, whers was hel He dare not
speak"
Deceit Was Everywhere.
Mr.. Osler declared that he would have q
right to call for the conviction Of the pris-
oner without any testimony on the jour
ney or In tho swamp, for the letters aud
the prisoners false statements concerning
his relations with Benwell pointed irreslsti
bly, to the prisoner being the murderer
He said the journey was undertaken with
an object What was it, There was no
farm; there was an object for Birchall to
decline stating the truth. He said the tel
egram "Bastell" must have been sent Just
after the train arrived at the Falls from
the west. Why did he Sign it "Bastella'
If innocent why did he try to deceivet
Step by step the lawyer traced tho
| journey to tho swamp. He said the evil
dence showed the time between trains al
| lowed for the distance to be covered.
| Speaking Of Alice Smith, he said; would
you rather believe her story than that OF
this man who does not dare tell where be
was, We say thai the killing was done in
/ the swamp by one man and that man is
the prisoner. The circumstances showed
the murderer knew the man Yves stranger
A person not stranger would not have
been identified by his face. There was only
one man In Ontario who knew he was a
stranger and this cutting Of his name from
his clothes would destroy his identify"
Shot in tho Back.
Mr. Osler made strong point in opposf
tion 10 the theory that Benwell was killed
and carried there. pointing out that Ben
wells cigar stub and eyeglasses wer,
found near the body II twas therefore cleal
that Benweu was shot from behind, ant
that as he fell his cigar aud eye glasses fel
from him. Speaking Of the medical testi
mony, he said; "Oh, pitiful defense, wher
they can't make a better theory than that
The man who shot Benwel gave him ns
warming; he sneaked up from behind Ben
we'll had confidence In the man who shot
him and walked where his murderer tQlo
him. Think Of two drunken men, like
Baker and Caldwell, opening that mani,
clothes and cutting his name from them. ,
An Ingenious Argument.
Mr.. Oslsr made strong point In reply
TO the theory OF the defense that the Kill
ing was done later than Monday, and IL so
could not have been done by she prisoner
He showed by the evidence that there was
no rain that week except on Monday night
1t was rain that turned 10 sleet as il fell
and the upturned sleeve OF the dead man
was hlled with ice that took hours bo thaW
out He showed that blood was beneath
the crust OF ice and that The tracks referred
10 had been broken through the crust
r1,g Nhaf Fla g.
BenweIl's body fell, and therefore could
not have been made By men carrying the
body into the swamp.
He asked II II were plausible that Birch
all borrowed Benwel's keys, pencil and
check. He devoted very little attention
10 witnesses for the defense, passing
slightly over the evidence Of the two meu
who swore they saw Birchall IN Wood
stock about the time Of the murder
The Judges Charge Against BIrchail
Immediately after Mr.. Osler finished
Judge McMahon spoke for two hours and
fifteen minutes, and charged dead against
the prisoner. The central point was this
That IL the jury find that Blrchall was OF
the train to Eastwood that day, 1t Is II
conjunction with having in his possession
Benwelrs keys and checks, strong pre-
sumptive evidence that the prisoner Is moi
responsible for the crime.
He charged, Of course that murder wa,
committed If the prisoner had no farm
at the Falls, what was his design in taking
Benweil away at alii He charges that Il
the prisoner was the murderer the Jury
must find that the crime was committed
on Monday. He said, with Osler that the
finding OF a cigar holder and stub near the
body was strong presumptive evidence that
the murder was committed near where the
body lay His lordship asked what was the
object OF the prisoner in stating 70 all these
people that he had checks and keys be
longing TO Benwell in his possession. Was
1t not for the purpose Of accounting for
how he got themi II he was setting tina;
up as II 3son why he had that property
in bis possession, then it is a very cogent
reason for believing that he came properly
by tho keys and checks If he had instruc
tions to send the heavy baggage to New
York. from whom did the instructions
comeg He could not have got instructions
from Benwell.
Very Suspicious Conduct.
The judge went carefully through. the
points concerning telegrams and covering
the well known bogus telegram from
Birchall to himself He said it was the
gravest sort of evidence spainst Birchall
il it was really in Brchalfs writing. lie
reiterated most impressively shat if the
telegram signed Stafford House, was in
Birchalps writing, and also IL he wrote
other kilograms that passed about that
time, it was evidence Of an exceedingly
grave character against him. as his actions
showed scheme TO conceal crime. On the
, / D,ndicn1 fpafirnonv fne indUa aaa,sad tc