Waterbury evening Democrat. [volume] (Waterbury, Conn.) 1887-1895, 1890-09-26
SEALING HIS FATE
The Evidence Against BirchaI
Very Damaging.
EXCITING SCENES IN COURT
The Crowns Counsellor Will Close His
Side of the Case Tonight.
EXCITING SCENES IN COURT

The Prisoner Tracked to the SwamP-A
Young Lady Acquaintance Gives Inter.
csting TestimOny-LIne of Defense to be
Pursued by BirchalPs Lawyers-PicIr.
than May Take the Stand.
WOODSTOCK Ont. Sept. 26.-As the
BirohaIl trial proceeds, the interest
increases and the throng thickens. The
great square in front of the court house
had the same crowded appearance that
it bore yesterday; while, if anything,
the courtroom was even more fully
packed, the ladies again forming fully
half the spectators. Every seat was
occupied, and many stood along the
sides of the room. Rapt interest was
depicted on every face save that of the
prisoner, which alone in all the throng
expressed no emotion.
Crown Counsellor Osler said only
three Crown witnesses were to be
called this afternoon, that their evi.
dence would be brief and be in before
adjournment.
The circle of evidence is nearly
rounded out. The evidence has traced
Birchall from Buffalo TO the swamp and
that circle there is overwhe lining cir
cumstantial evidence.
A Sensational Witness.
John Crosby swore to meeting two
Engiishmen on the Governors road be.
tween IL and IL o'clock, February II.
He described their dress, which was
like that Birchall and Benwell wore
that day. Identified the prisoner in
the box as one of the men and swore
he saw the other dead in Princeton
cemetery when Benwelrs body was ex-
humed. The most searching CROSS
examination failed to discomfort the
tional interruption. Crosby grew
deadly pale, tottered and fell into the
supporting arms of those about him.
He soon recovered. Through 1t all
Birchall's face was immovable as that
of a craven image.
The Prisoner Turns White.
Miss Alice Smith, who was consi d.
cred the Crowns most important wit
ness, testified that she knew the pris-
oner by his coming to her grandfather's
at Eastwood on several occasions, and
had spoken to him several times. She
had seen him at Eastwood Station on
February II, and he said he was going
to Hamilton for baggage. Had asked
him if his name was Dudley or Somer-
set, TO which he replied, Don't you
know mel" She recognized the prisoner
as the man, which caused great excite
ment, the prisoner first flushing orim
son and then turning white.
Mr.. Blackstock-Didy you know Dud-
ley; ne was particular friend of
yours!
Miss Smith, know him, but he'was
not q particular friend of mine.
"Were you ever in your grand
fathers kitchen alone with Dudleyr'
The witnesses eyes filed as she re-
piled, mo; he never was alone with
me-"
Several ladies cried in sympathy with
the witness and the judge stopped any
further questions on that point.
The Line of Defence.
In conversation this morning one of
Birchalls counsel indicated to a certain
extent the line of defence that will be
adopted. They will not combat the fact
of the deception of Benwell, and most
likely will not dispute the fact that
Birchall and Benwell set out together
on the morning of February II to see
the mythical farm near Woodstock. 1t
is expected, however, that they will
endeavor to show by witnesses that
Benwell was not killed on that day and
that he was seen alive on the following
day. To this end they will lay stress on
the disagreement of medical and other
testimony as to the time the body had
been lying in the swamp when found.
But the most interesting factor in the
| defence promises to be one Neville H.
Pickthall. He is a curious young man.
He comes of a good English family,
and is we'll educated. He came to this
country as one of the farm pupils"
four years ago. His father died in
the meantime in England and left him
some money. With this he bought a
| farm of 200 acres some two miles from
Woodstock. He married daughter of
clergyman in nearby village and was
living on his farm when Birohall, mas
querading as Lord Somerset, arrived
here a year ago last spring. He and
Birchall became close friends. The
story that they quarrelled the defence
| will try to disprove from Birchall's