Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1890-10-02
TO Be HANGED.
The Trial Goes Against Reginald
Birchall.
THE ADVERSE SUMMING UP.
The Suspicious Circumstances All Indicat-
ing Birchall's Guilt HIS After Acts In
Keeping with the Conceaiment
OF Crime


WOODSTOCK, Ont. Sept sO.--Ths
sensational Benwell murder case ended
yesterday in tho prisoner being sen
fenced to death.
After arguments by counsel Judge
McMahon informed tho jury that in or
der to save time he would at once ad'
dress them. He made very careful,
able and comprehensive review OF the
case. He spoke for two hours and fifteen
minutes and charged against the
prisoner The central point was
! this: That II the jury find that Birch.
all was on the train TO Eastwood
that day, it is, in conjunction with hav-
ing his possession Benwelfs keys and
checks strong presumptive evidence
that prisoner is responsible for the
crime. If the prisoner had no farm at
the Falls, what was his design in taking
Benwell away at all? He charged that
II the prisoner was the murderer, the
Jury must find that the crime was com
mitted on Monday. Ho said, with Osler
that the finding Of a cigar holder and
stub near the body was strong pre-
sumptive evidence that the murder was
committed near where the body lay.
His Lordship asked what was the OBJ
ject OF the prisoner in stating to all
these people that he had checks and
keys belonging to Benwell in his pos
session. Was 1t not for the purpose OF
accounting for how he got them? II he
had instructions to send the heavy bag
gage TO New York from whom did the
instructions come? He could not have
got instructions from Benwell 1t is
well known that Birchall had told sew
oral witnesses that Benwell had gone
west Why was the baggage to go
east?
The judge went carefully through the
points concerning kilograms and cover
ing the we'll known kilograms from
Birchall to himself He said it was
really in Birchall's writing. He relter-
ated most impressively that il the tele-
gram signed stafford House" was in
Birchall's writing and also II he wrote
other telegram. that passed abo9t tha!t q
time, 1t was evidence of an exceedingly
grave character against him, as his ac-
tions showed scheme to conceal
crime.
Concluding the Judge told the jury in
effect that circumstances, where the
chain was perfect might be made
stronger than the direct evidence of a
witness who swore falsely. He inti-
mated that If the jury believed the tes-
timony for the Crown was unimpeacha-
BILE the case was very strong one against
the prisoner
The court adjourned at 1855 but the
jury did not go out They remained in
their seats and a guard was set over
them. The crush of people was terrific
Outside it was almost impossible to get
through the throng. Judge Mcmahon
said quietly that he would come int,
court at 1880 to hear the verdict if
reached at that time
At 1880 the jury agreed and as soon
as the Judge arrived the jury was asked
If they had agreed upon a verdict and
replied: I'VE have"
What is your verd ctq" asked Judge
Mcmahon.
Guilty the foreman replied.
When asked II he had any thing to
say why sentence should not be passed
upon him, Birchall replied; simply,
am not guilty of murder.
The Judge said: II fully concur with
the verdict OF the jury and proceeded
to pronounce sentence, which was that
Birehall be taken to the Jail between
the hours of eight a. m. and six p m. on
Friday, the 18th day OF November, and
be hanged by the neck until dead