Waterbury evening Democrat. [volume] (Waterbury, Conn.) 1887-1895, 1890-09-30
The Plea for the Prisoner.

The Plea for the Prisoner.
| Mr.. Blackstock, counsel for Birchall,
talked to the jury for nearly Eve hours.
He referred to the fact that the prisoner
could not testify in his own behalf and
stated that the Crown had prepared
their case with the aid of all necessary
funds while the defense had no money
with which to bring witnesses from
England and other places. He spoke of
newspaper criticism and cautioned the
jury and judge to be careful and not
be biased thereby. He made insinua-
htions against the class of witnesses for
the people and the manner in which
they were secured. AS to the prison
tr's previous character in his dealings
he admitted they were shady, but as
to the murder of Benwell he declared
him innocent.
Mr.. BIackstock closed with q touch
ling reference to the devotion of Mrs.
Birchall to her husband, and asked how
they would face her if, after a verdict
of guilty and the execution, they would
be able to meet her and answer her
when she asked: "Where is my hus-
band ~
Mrs. Birchall's head bent slowly for
ward until it hung upon her breast,
while her cheek flushed deeply, but she
did not weep.
Mr.. Osler then began his closing
address for the Grown. He went care
fully over the main features of the
Testimony, especially Birchalls attempt
to get the So, 500 from Benwell's father.
Everything, he declared, pointed to the
climax in Blenheim Swamp.
At the close of Mr.. Osler's address
Justice MacMahon made q strong sum-
lining, taking the best points in the
evidence produced on both sides, and
urged the jury to be faithful in adher-
ling to impressions produced by the
testimony rather than by the pictur-
esque descriptions of counsel.
There was considerable excitement in
court when the jurors fled out. Birch
all sat as though transfxed. He did
not speak, but sat with his eyes riv
eted on the judge. Mr.. Blackstock
moved over and whispered few words
to him, but it was evident the prisoner
did not relish either the tone or matter
of his honor's summing up.
The jury returned to the court room
at HIS.
Bircha1l Hears the Verdict.
Judge Mcmahon came into court at
1880 and at once inquired if verdict
had been reached. The foreman of the
jury replied in the affirmative. The
judge sent for the prisoner and in a
short time he was brought in, heavily
ironed and placed in the box.
The court was crowded to suffocation.
When called upon, the foreman arose
and said the verdict was guilty"
Mr.. Blackstock asked that the jury be
polled, and all in turn said guilty"
Then Judge Mcmahon addressed the
prisoner, ending up with the question
whether he had anything to say why
sentence should not be pronounced
upon him.
The prisoner was now standing in
the dock. ALL eyes were focused upon
him. He gazed unAinchingly at the
judge, and as he spoke his voice
was as firm, his features as composed,
his glance as resolute as at any time
during his long trial. He said:
"Simply that am not guilty of the crime
my Lord"
Passing the Sentence.
IT fully concur with the verdict" said His
been defended with great ability, and no point
connected with the evidence which could be
be sSS 81 ali at
tending this trial that you premeditated and
to Sy sn
| It was your duty to have look ed after him and
You deliberately prepared to take his life in
order that yo1 might reap Sne miserable mi re-
erty YOU then were in possession Of. I can
hold out no hope to you for eom com Of
st bT te to
permitted to live, and can but advise you to
spend that time in supplication to the heaven
ly throne from which you can now alone look
for mercy. The sentence of the Court is that
| you now be taken back to the jail from whence
you came and, between the hours of q. m.
and q p. M, on Friday, November IA, next
you be hanged by the neck until you are dead
and may the Lord have mercy on your soul. ,
Birchall, although he looked pale
never moved feature through the
ceremony, and afterward shook hands
with Messrs. Mckay, and each time g
pleasant smile came over his face. He
was afterward taken back to the jail
and placed in his cell.
/ Mrs. Birchan Hears the News.
When the carriage containing ths
! prisoner was passing the Commercials
Hotel, a light was burning in Mrs
Birchall's room. Driver Stewart
!, whipped up his horses and the carriage
rolled by. Mrs. Birchall, who has beer
in her bed since leaving court, received
early intelligence of her husbands
conviction. Shortly before the verdict
was announced the Rev. Mr.. Farthinl
was sent for, and he Immediately went
to Mrs. Birchall at the Commercial
. Hotel. As soon as the reverand gentle
!, man entered her room Mrs. Birchall
. who was sitting in a chair, knowing
his mission, fell in faint. Although
restored to consciousness she is danger
ously i'll and not expected to recover.