Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1890-09-24
ONE GENT.
COOL AS A SNOW FLAKE.
Prisoner Birchall's Nerve Does
~.. Not Fail Him. 49,.
WEAVING TIE WEB ABOUT nIM.

Evidence That Would Seem to Point to
the Guilt Of the Accused-The Grand
Jury Refused to Indict Mrs. Blrchan
for Completely In the Crime.
WOODSTOCK, Ont, Sept A-The grand
jury refused to indict Mrs. Birchall for
completely in the murder of Benwell At
the opening of the second day of Birchall's
trial the prisoner was as cool as ever.
Charles Benwell, brother Of the murdered
man, identified the false teeth and plate,
the pencil case and ring and keys placed
in evidence as being the property Of his
brother Patrick Mcclure, who lives near
the scene of the tragedy, testified that
he was in the swamp on the Feb. II
gathering tamarac bark between 10 and II
o'clock within twelve feet Of where Ben
Wells body was found He did not see
any body there, and said If there had been
he certainly would have seen it.
Tho Finder Of the Body Tcstines.
Joseph Elyidge was next called. The
witness was one Of the two brothers who
found the body on Feb 81. He detailed
the circumstances connected with the find
ing OF the body and described its condi-
tion, there being-a slight covering of snow
upon il.
His brother George was with him. They
saw no tracks; If there had been recent
tracks they could have been seen The
snow had not been disturbed around the
body in any way Witness then told how
the next day he and his brother had found
the cigar case holder and eyeglasses under
the snow. In the cross-examination the
witness said when Benwclls body was
found his shirt front had the clean, stiff
appearance Of being recently laundried.
The body looked as If II had been deposited
there by somebody. The witness identified
the clothing presented In court as that Of
the deceased.
The TelItalo Cigar Case.
George Elvidge oorroborated the evidence
OF his brother In the finding Of the body
and gave the time Of finding It as about II
O'Clock, and said he remained by the body
until his brother went and brought Mr.
Rabb. He had found the telltale cigar
case, with IF. @. Bsnwelln written on IL,
by accidentally striking 1t with HIS ax.
There had been sufficient snowfall to make
marks discernihle.
Constable Watson's Testimony.
Constable Watson went over the ground
Of finding the body and the discovery that
pieces bad been cut out Of the socks, under
shirt and white shirt The witness stated
that the clothing had been under lock and
key all night and no one had had access to
them. The witness identified all the cloth
Ing as that worn by the deceased; also told
Of an interview he had with the prisoner
on Feb. 2s, when he saw him at Swartz's
shop, Princeton. The prisoner, after get
ting description of the body said It must
be Benwelps Prisoner told him he had
left the deceased at the Falls, that he had
gone to London and that he had Just re-
ceived letter from deceased at London.
It Was Him.
He then went to Paris with his wife. He
returned next morning alone and went to
view the body. The prisoner put his arm
in that OF the witness and leaned over and
said it was him" He then took out his
handkerchief and wiped his eyes, and said
he would spend any amount OF money to
lind out who murdered his friend Cross
examined, the witness said there was not
enough snow on the body TO make it un-
recognizable. He saw no traces of the body
being dragged over the ground.
A slippery Fellow.
James II. Swartz, undertaken at Prince
ton, then testified TO an interview he had
with the prisoner about Benwell, whom he
said he had left at the Falls and had since
received letter from him at London.
When asked for the letter he said his
wife had it. When 1t was suggested they
would go to his wife, he said it had only
contained cheeks for the baggage, and
probably was at the Falls
Sexton Gregg testified that Birchall
seemed confused and nervous when he
viewed the body of Benwell.