Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1890-09-30
ELACK.rock's srrECm.

Mr.. BlackstOck cautioned the Jury
against the risk of condemning an in
noccut man to the galows, and then
while admitting the mistakes which had
been made by the prisoners counsel. he
reflected on the alleged reckless methods
of the prosecution, and the apparently
careless manner In which the witnesses
for the crown seemed ready To swear
away mans life. His summing up Of
the evidence was very exhaustive, point
ing out defects in the evidence bearing
on Birchall's identity with men seen on
the trains and near the swamp. while
recognizing the honesty Of the people
who tried TO establish il.
He condemned the newspaper, for
irving the ease out of court. and pre-
judicing the mind Of the public, while
acknowledging their services aS the
most honest detectives.
Mr.. BackStock then discussed the
moral character Of his client freely He
denounced in violent terms the witnesses
taken 10 the Jail 10 identify Birchall as
giving false witness and drawing ON
their imaginations, and cited previous
incidents i'm which innocent men had
been sacrificed by evidence which
ought not 10 have been admitted
i'm court The manner Of conducting
the Identification of the prisoner was
diSgraccful. lie appealed To the jury to
think only of tl,e evidence before them
n making mp their minds. The time,
he said. would come when the mystery
surrounding this crime would be cleared
away. and IL may be- the real murderer
would stand confessed Of his guilt.
Mr.. Blackstock closed with touch
ing reference to the devotion OF Mrs.
Brchall through good and evil report,
to her husband, and asked how they
would face her after verdict OF guilty
and the execution. and how they would
be able to meet her aud answer her
when she asked, "Wherc is my hus-
band?"
During this portion of the address,
Mrs. Birchall's head bent slowly for
ward until 10 hung upon her breast.
while her checks flushed deeply, but
she did not break down.
Mr.. Blackstock's peroration was
masterpiece. closing at just three
o'clock. having occupied five hours and
seven minutes IN his address.
The court then adjourned for twenty
minutes for lunch.
THE PROSECUTIONS PLEA FOR coNNI'-
rIoN.
IL lacked a few minutes OF $3.50 when
Mr.. Oslcr. for the Crown. rose TO speak
For fifteen minutes or more he devoted
himself to the object Of criminals.whosc
guilt could only be established by cir
cuInstantial evidence, and % the neces-
sity for the safety Of society of accept
ing circumstantial evidence as conciu-
sive in the lack of evidence that is more
direct. He then took up the Bcnwell-
Birchall story at the point where Biz
chaU began CORES spOnding with the
elder Rcnwcll. and with Young Bcnwell
himself. aud traced ia detail all the
negotiation, in England which finally
led up 10 the departure Of Benwell 10
Eirchall'S company for America.
He aualyzed these negotiations into
one foundation fact, which he asked the
fury To bear in mind, and as he made
the point to cntrap young Benwell INTO
Canada. upon representations which ne
knew would be shown 10 be false the
moment he arrived IN Canada. The
motive was to secure five hundred
pounds. me-.
Mr.. Oslcr then detailed l'enwells
meeting with Pelley on the steamer aud
the explanations BirchalI made To lel-
lry and Benwen. and the presence Oh
the two. The difference between the
rela,ions of Pelley and Benwei to
Birchall was that Birchall had ALREADY
swindled Pelley and got his l'O pounds