New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-09-26
Erskine, Of Newvilie.
THE CASE AGAINST BIRCHALL.

THE CASE AGAINST BIRCHALL.
LINKS IN THE PROSECUTIONS CHAIN OF
EVIDENCE
THE PRISONERS ACTS OF DECEIT sHowN-wIT.
NEssEs WHO SAW RIRCHALL AND BEN
WELL ON THE TRAIN AND ON
THEIR WAY TO THE swAMP
Woodstock, Ont. Sept. o5.-Thc first witness at
the Blrchall trial to-day F. B. Fuller, manager Of
the Imperial Bank here. lie identified the signature
"F. A. Somerset" certain checks thlt Of the
prisoner, who opened account with the Imperial
Pank on December 10 or H. 1885. lie identified also
certain letters put In evidence those Of the pris
oner.
Mr.. Osler, for the Crown. wanted to put in as
evidence certain letters to Melcrish, through whom
the prisoner and Benwell were brought together. but
Mr.. Backstock strongly objected. The letters were
read. They state that the prisoner had seen young
Bcnwe and his father Colonel Benwell, and that
they had decided that young Icnwell should come to
Canada They wanted him to 60 for three months, and
to pay for his bargain " he liked II after trial OF
that length 81 time. The letters covered skeleton
OF the correspondence which took place from the time
negotiations entered upOn, with the kilograms
sent OStensDIy frOm Ihc otafOu HOUSE, buHdlO, Dut
really from the prisoner, telling himself, at Niagara
Falls. ship the heavy baggage to Niagara Falls.
N. Y. The effect Of the kilograms was to show that
the prisoner had carried on systematic deceit on Ben
well and his father and, after the young mans dis
appearance, young Pey, who was with them and
was anxious about young nenwells not appearing.
During the reading Of the kilograms exposing his fraud
Brcha's usually pale complexion was suffused with
light flush of red He made notes occasionally dur
ing the reading
Conductor Poole, OF the Grand Trunk, testified that
to the best Of his knowledge there were only two
passengers on his train for Eastwood the local. on
February Il lie thought they came through from SuS'
pension Bridge. They were, he thought at the time'
Englshmen and answered in appearance to the prisoner
and Benwel. There were at Niagara Falls and at
Hamilton dining halls and luncheon counters, so that
there was no reason for any one going without food
The bearing OF this from the point Of view OF the de-
fence Is that Benwes stomach was found empty when
tho autopsy performed. The witncsss replies as
to the clothing and appearance Of his two passengers
differed somewhat from that given at the inquest.
Miss Lockhar of Woodstock, said she was travelling
west OH February II from Paris past Woodstock. She
saw two passengers get OF at Eastwood On seeing
Birchall afterward jail she identified him as one
who had sat before her on the train The other she
recognized In the body Of Denwell when exhumed.
Mr.. Blackstock gave her copy Of q newspaper OF
February %, which she had said contained Virtues
men seen by him at Eastwood with the two she had
the train and whom she recognized-One In
his coffin Benwell and In jail as Birchall. 1t
was shown that the ev.cence mentioned was not In
the paper, and Mr.. Blackstock said 1t had not been
published until some time later.
Elizabeth Choate, living near IngersOll, was trav-
cling from Brantford home on February II. She
said: II sat two or three seats behind two
men, one Of whom wore an Astrachan cap.
j saw his face only for a moment his cap fell Ms
face was rather thinner than tho prisoners The
other man. she thought, glasses as he read
paper The She believed to be Birchall answered
some remark Of his companion with Get accustomed
To- she did not hear the rest. She is newcomer
In the case.
Alfred Hayward a miller. testified as follows: IL
two gentlemen passing the mitigate February
1T, on the road running through EASTWOOD north
and south. was about 1876 feet from the men when
saw them 1t was between II and IL a. IN. They
had walked right straight trom the train. 1t
about forty rods from the train where l them.
feet ahead Of the other knew him as man who
used to call himself somerset. lie is the p.isoner
Of 6s dress except that he lad short coat on: '
know somerset for he stopped year ago this summer
In from. Of my place drvil four In hand. noticed
the man behind because took him to be an old coun
tE man by his clothes. HIS coat had & cape on:
murdered Bcnwcll) That looks Like the one he were
The one that was behind picked up some fresh snow
The witness sharply cross-examned.
The important testimony OF the morning had the
effect Of enormously increasing the excitement in the
looked as il twoth!rds Of the audience were women.
While waiting for the Judge Birchall catted away, as
usual remaring the Increase Of interest in the
Lewis Daego, Grand Trunk Railway agent at ri:
agars Falls. testified to selling two tickets to Eastwood
'A John crosby. son Of Squire Crosby Of Princeton,
swore that he was on Governors Road. on February
men, whom he described. He thought he could re-
cognize either of the men lie saw one dead in
Princeton Cemetery. The other one he saw in
Woodstock Jail-the prisoner BirchalI.
During his examination this witness was overcome
by the excitement Of his unusual surroundings and by
the heat of the room and tainted away.
Peow, testified to seeing the tracks Of two men in the
snow crossing their land from the direction Of the road
to the swamp whore Benwell was found
George Macdonald swOre that between ana O'Clock
the afternoon OF February II he heard shots In
Blenhem swamp where he was hunting in company
with others. The shots were those Of pistol or small
rife.
John Hckson, now Of Nevada, corroborated the evi-
dence Of the last witness.
Alexander Logan Of Princeton. identified Birchall
man he llad met on the railway Line between Bland
Charles Buck also swore that he had met BrchaIl on
February II, returning IS from the swamp of death.
hts Smith f0sS rs R hs o FSsusry
was ct the station to post letter that as she ell
t.red tie rte Of the station inelosure the prisoner
her people and promised to 60 and visit the /" old
her grandfather. with whom she lived.
The prisoner told her land this Is new In Miss Smiths
ness about some horses. whether to sell buy horses
she could not remember. He bought ticket and left
by an eastbound train.
WOHEy As CHURCH DELEGATES
Baltimore Sept. % (SpecaD.-The contest over the