The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-09-30

The prisoner had perfect right to make
a statement at the close of the evidence aud
tell the jury anything he choose, and the
law prevented him cross-examining him;
but no. Look at his awful silence on this
point. Why does he not speak about this
terrible blanki The contention of the
crown Is that the prisoner killed Benwell in
the swamp; in fact, very near where the
body was found He might have had some
one to help him or two men might have
carried the body in there
The prisoner was actually guilty of get
ting rid OF this man. It was a daylight
murder. He knew that Benwell was a
stranger in the country. II it had been
otherwise the mans face would have iden-
titled him. The prisoner was the only man
In Ontario who knew the deceased. He was
a stranger in the country; therefore it was
necessary TO destroy hls Identity.
THE JUDGES ADDRESS.
The judge began his address at 7:3s
O'Clock, ami in opening remarked that they
were now drawing to the close of a grave
and important case. On the threshold Of
tue case he warned the jury to disabuse
their minds Of any statements they may
have read, and leave their minds like blank
page TO receive the evidence given in
court under oath. In this case there
was no direct evidence of guilt; yet, like
many other cases, it showed great de-
pravity. He pointed out the difference be-
tween direct and circumstantiaI evidence,
sho wing, as he said, that the latter, when
conclusive, was far more reliable. In this
case the jury was called upon to consider
the evidence according to rules he had laid
down in such cases.
REVIEW OF THE EVIDENCE.
The crown undertook TO satisfy the jury
as reasonable men that the prisoner at the
ha n. had rf1nrda,.ad papxuall The Rror
then, to consider Is what was the object of
the two men in leaving Buffalo together.
II we are TO believe Pelley,
they were to look at farm
and make preparation for receiving
him and Birchall's wife. The prisoner and
Benwell started out without any luggage,
so that if they did stop at rhe farm they
they would return shortly. We have il in
evidence that Birchall had no farm
at Niagara Therefore, what was
his objective point3 If they were seen on
the train, then the case must naturally fail.
They left Buffalo at very early hour for
some reason, because Pelley said it was be-
fore O'Clock when he heard them leaving
the hotel. The agent at the bridge
states that two tickets were sold to
Eastwood, and the crown asks you to be-
heve that the prisoner and BenWell were
the men who used the tickets, and that
Poole collected these tickets between Ham
iiton and Eastwood. The judge then re-
viewed evidence given by witnesses for the
crown and said:
A WEB OF DECEPTION.
The theory Of the crown is that the
prisoner murdered Ben well in the swamp
on Monday. II he did not murder him on
that day, then he is not guilty of this crime,
because that is the only day he was in that
locality. 1t is important to remember that
Rfx-.h han h.I Nho 80 D..
wells baggage, and then comes the
letter written by the prisoner to
| Benwells father, saying his son had in
| spected the farm aud books and was salts
ged. II the e500 had been sent, as re-
quested by the prisoner, In the firms name,
any member Of the firm could claim the
money. He was bound to tell them
this as a matter of law. What
was tho object of this letter. The
prisoner speaks of the purchase of another
piece Of property, and that his son would
write him by the next mail. There was no
farm, there were no horses, there was no
business In Buffalo. All was deception, so
that the prisoner must have known that
| young Benwell would never write such a
letter to his father.
THE TELL-TALE CIGAR HOLDER
Reverting to the finding Of the body, his
lordship said. 1t was a significant fact that
every mark on the clothing had been re-
moved, and had the cigarnolder not be en-
fonnd Benwell's death could have always
remained mystery. There was a stub of
a cigar In the cigarholder, showing that
the deceased was smoking at the time of his
death or had been just previously.
His lordship, in conclusion, said that the
duty rested with the jury TO pass upon the
evidence and this was a solemn one. With
the punishment they have nothing to do.
He concluded his address at $50 o'clock,
after which the court was cleared and the
jury retired.
| THE VERDICT.
The jury retired at 9.53 o'clock and
returned at II :25 o'clock with a verdict of
guilty. The judge said he fully concurred
with the verdict and at once sentenced
Birchsll to be hanged Nov IA