Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1890-09-23
BIRCHALL PLEADS
NOT GUILTY TO T8E CHARGE OF NUMBERING
his COMPANION,
Benwell, With Whom lie Was Very Intimate.
BE Faces the Court Without a Trsmor
History Of the Famous
Case.

Case.
/ WOODSToCK, CAN, September %
The first day of the great Birchall trial
broke bright and clear. People were
early aStir about the Court House, and
the final touches 10 the arrangements
OF the court room were given by busy
officials.
+ Among the preparations showing the
greatest enterprise was telegraph ap-
paratuS of the Great Northwestern
+ Telegraph Company, running into the
court room, with connections to all
parts of the world. 50 that messages
can be sent direct from the reporters
tables TO any newspaper. One OF the
/ keepers OF public houses had a telc-
phone just above the judges bench,
connected with twenty instruments in
/ his own place, so that people might
hear the evidence as il progressed.
Shoals of newspaper men are here from
AN over Canada, and many from the Uni
ted states Lawyers were early afOOt,
including q number from the outside,
who came here to listen to the case and
L
/ tiOn.
Birchall was brought to the court
room little after lO:3O o'clock, in a cab,
accompanied by Guard EnwhiStle and
I Chief Young, of Niagara Falls. He was
/ iaultleSSly dressed i'm dark clothes, and
carried In his hand neat derby hat.
His pointed shoes were brilliantly poll
/ ished. and he had shaved evidently with
/ the greatest care. He showed no emo
tion except that of q man who felt HIM
self 90 be in new surroundings and un-
der the scrutiny OF a crowd. His face
was pale and the pupils of his dark eyes
Idiated. but otherwise there was no sign
OF trcmor.
The Jury having been sworn, Mr.. OS-
I Ter. q. c.. counsel for the Crown, made
the opening address presenting the case
which the Crown witnesses would un-
/ fold. There was nothing new in his
statement Of facts, but the chain Of ev-
/ idcnce ON his side was closely forged,
making out q very strong case. He
dwelt upon the prisoners career of de-
/ ceit I'm Woodstock in lSSs; when he was
/ known as Lord Somerset. His state
ment was only one side OF the ease,
/ however. and the defense will have an
opportunity 20 challenge every fact.
The prisoner when arraigned pleaded
I "not guilty" I'm a firm voice, and on
being asked if he was ready for trial,
Backstock, Queens Counsel, arose and
announced himself as the prisoners :
counsel, and said that they were ready
90 proceed.
HISTORY OF TIE CASE.
A brief resume of the case is aS fol-
lows: ON February 81 last, the body
of Young man was found in the Prince
ION swamp with TWO bullet wounds in
the head. He had been shot down
rr1m behind. The body was dressed in
English tweed and the under garments
were of finest texture, indicating that
the dead man had been In good circum-
stances. At first there seemed TO
De no clue TO his identity. The plans
.of the murderer were so ingeniously
laid and So Skilfully executed that but
for one slight circumstance identiica-
ton would have been nearly Impossible.
The murderer had partly uudreSsed
Ihis victim and neatly cut from his cloth
ling the name OF the wearcr, and then
, latter riding the pockets of their CON
, tent, bee quietly departed, thinking ht
g. had destroyed everything that could b,
used 90 identify the young man whom
Inc had cnticed into this lonely spot and
shot down in cold blood But when the
A., victim fell his cigar case flew from hi,
breast pocket and lodged Ia the snow.
, .half under a small dead Sapling whose
- branches were spread over the ground.
The murderer overlooked this silent wit
ness. and 10 was found bv the detectives.
on it was the name 'F c. Benwell.
Following mp this clew the officers ar
rested Brchall at Niagara Falls, Ont,
where he had his preliminary eXamina-
tion and was formally indicted for muir
der iu the first degree. The work of
tho detectives developed the following
chain OF evidence which was used
against Birchall at the trial;
THE CHAIN OF EVIDENCE.
On the 5th day of February last Regi-
maid Birchall and wife, accompanied by
Douglas K. Pelly and Frederick c. Ben
well. sailed rom Liverpool for New
York. During the voyage Birchall and
his wife told the young men in glowing
terms of their stock farm in Canada,
lighted by electricity, where the two
young men were % be taken aS stud
cut farmers" and taught 10 till the
soil. Benweu had $40 with him, and
Pcily had about the same. They were
Co give most of this TO Birchall Tor tu-
ition.
The party arrived in New York on
February "A. and remained two days
and then went TO Buffalo. Early on the
morning Of February Il the party went
90 Niagara Falls, Ont. Birchall and
Bcnwcu going early and Mrs. Birchall
and Pclly by later train. When the
two latter arrived there Birchall ana
Benwcu could not be found, but late
that night Birchall appeared alone. He
|cXplained that Benwcll went TO Wood
stock 10 look no a farm, and expected to
be gone several days. Pelly be-
came suspicious. and the elegant
stock farm not materializing
made him more SO. Nhen
Rcnweu's body was found and Birchall
arrested. Pelly and Mrs. Birchall were
also taken into custody. Pelly told MS
story. and 10 did much to unravel the
mystery. lie was discharged, as was
Mrs Birchall. subsequently, no proof
being obtainable connecting her with
the crime. Pelly stated that he be-
licvcd Birchall also meditatcd his muir
der. lie recalled instances where
Birchall had enticcd him TO secluded
spots along the river bank. and believed
that Birchau intended throwing MIN
over the precipice, but something al
ways interSperSed.
Presidential Appointments
CRE,soN. PA. September 22.-The Pres
ideut sent the following nominations 70 the
senate this morning. To be Probate Judges
for the District of Utah, Francis l.. Dag
rett. of Washington county, Utah; Henry
i Shields, Of Summit county; Chas. II. Her