Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-09-24
The Grand Jury Returns No Bill Against
Mrs. BirchelI.

The Grand Jury Returns No Bill Against
Mrs. Birchell.
WooDsTocK (Canada). September ODD
The trial of Birchell was resumed to-day in
the presence of large crowds. The prisoner
rested well during the night. He arose
early and dressed with the same care as
yesterday. Since last night the walls of
the prisoners dock were lowered so that
tn prisoner can be seen from every part
of the room. Birchell was calm and pleas
ant.
The first thing at the opening of the court
was the presentation of the Grand Jury
findings in the case of Mrs Birchell, &C.
cused of being accessory to the murder OF
Benwell. The Grand Jury returned no bill
as to her
The first witness was young Pellv, who
seemed DESTROYS of telling all he knew OF
the case. On cross-examination Pelly
stated that when Birchell and he were
practicing signatures in the hotel, Birchell
was equally engaged in making sketches,
in which heis an adept.
1t had been expected that Blackstock
would give Pelly hard time of it on cross
examination. but such was not the case,
and all were surprised when the young man
was allowed to stand down after fifteen
minutes or so of cross questions. Evil
IDENTIFY it is Blackstock's purpose to use the
evidence of Pelly as basis for the cross
examination of other witnesses. For in
stance, Pelly was made to state that
Birchell wore overshoes which would tend
to contradict the evidence of some of the
witnesses, who say his boots were muddy,
thro wing doubt upon the identity
of the man who was seen IN Benwells
company near the swamp. Again, Pelly
admitted that Birchell discussed Benwells
absence quite freely, and showed no more
solicitude over the mans luggage than one
fellow-traveler might be expected TO ex'
hibit about another's belongings. He
stated that he (Pelly) himself first suggested
the trip to New York in search OF Benwell;
that they again decided to go together to
identify the body, and later reverted to the
original plan of Pelly going to New York,
and Birchell and wife going on to Prince
ION, where the body lay. He stated that
Birchell suggested and urged the duty Of
going to Princeton to identify the body
Pelly stated thar Benwell was short
thick.set and very dsrk-complexioned man
These points he was made to emphasize
indicating that Bleckstock intends to pro-
duce evidence to show that neither or the
men seen near the swamp answered this
ueSCTlptlOu. RELY tNlueHCc was SiNcI
in manner TO impress the Court with the
idea that he was telling plain, straight
story.
Charles Benwell, brother of the muir
dered man, followed Pelly. He identified
the false teeth and plate, pencil case and
ring as belonging to his brother; also the
keys found on Birchell He identified as
his brothers. the handwriting on the cigar
case found near the body, and the clothes
worn by the murdered man.
William Davis, the civil engineer who
made survey of the locality of the muir
der, gave evidence on the distance from
Eastwood Station to the place where the
body was found. The defense will doubt.
less try TO prove it is impossible to walk
that distance in the time at Birchelfs dis
posal.
Recess.
At the afternoon session Joseph Ed
ridge, one of the brothers who found the
body, detailed the circumstances infinitely
Constable Watson told about the identi-
fication of Benwell's body by Birchell. AT
the time be seemed much affected, and de-
clared he would give good deal of money
to have the murderer traced.
Medical evidence will be taken to NOR
row