The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1890-09-25
THE BlRCllAhi, TRIAL
EIpert Medical Testimony Grent lutere,
Taken in tho CnAe.

WoopsrocH, os7, Sept. "a. TIL,
Hlschall trial was continued this morn
lnH, thecourt openingat 10 clock sharp
The prisoner had slept well, aud was up
In time to perform his usual careful
toilet before being called to face the
judge and jury for the day. Ho was
ready and waiting for the deputy sheriff
when tho latter arrived In a hack. II
has been reported that BirchalI is hand.
culfed on his way to and from the court
room, but such Is not the case. He Is
tho quietest, most easy going prisoner
any iailer ever had to do with, and
neither complains nor gives trouble In
any wuy. There WAS the usual great
crowd Bt the town hall entrance 10 see
him pass, aud disappearance was warmly
criticized by many.
Bitchall has raised up in this com.
munity two clearly defined parties, one
10 his favor and the other against him.
Tie latter party arc the more numerous
and they are having their own way
pretty well during the presentation Of
the case for the prosecution, but the
prisoners friends are stalwart and a, a
quite convinced either that he Is inno.
cent or that it will be impossible to
prove him guilty. There WAS great
crowd in the court room, including over
hundred ladies. The prisoners wifo
and sister.in.law were not present, Mrs.
Birchall being too nervous and III to
stand the strain OF watching the court
proceedings.
Dr.. Taylor, the physician who WAS
called in to SEQ Benwell's body when 1t
was found In the swamp, was the first
witness. He testified that tho clothing
was frozen to the ground, In view OF the
attempt which defense Is expected 10
make to prove that the body did not lie |
In the swamp during the storm OF Feb. |
ruary 10. the day when Benwell was |
killed. DR.. Taylor was minutcly exam. |
ined as to the condition OF The body !
He said he believed that when found it |
laid less than seven days in the swamp, |
possibly four. He demonstrated on the |
head Of juryman the position Of the |
pistol shot wounds noticed on the
corpse. Either OF the two pistol wounds, |
he said, was sufficient TO produce death.
The condition OF the heart led him to |
believe that its action had stoppsd in |
the middle OF beat. The other organs
Of the body were in a healthy condition,
and there was nothing to cause death
but the wounds in the head. 1t was
utterly impossible for the deceased to |
have inflicted them on himself.
Mr.. Blackstock, counsel for the de-
Tense, ELECTED from the witness that
since the event he had been reading up |
on medical conditions with references to |
corpses; that the witness statements of
to-day were much fuller than any he
had given before and that he had not
previously given this evidence to the
crown. Mr.. Blackstock accused him Of
want OF fairness and said be hoped the
witness would bear in mind that he was
called for the purpose OF giving evidence
to the crown without prejudice to the
prisoner, and would show Il fairness in
keeping with tho quasi.judicial position
he occupied.
There were two or three important
points in the cross.eIamination in favor
of the prisoner. One was that while
the rigor mortis sci in a lew hours after
death, being complete in about four
hours, it passed away again six or eight
hours later. Another was that the shirt |
was found clean and still, good deal
more limp when the body was thawed
out than before, but still looking as if
it mad not long since been lauudried.
Altogether the appearance OF the shirt
did not indicate that the body bad been
out in rain storm all night. Still an.
other point was the DOCTORS decided |
opinion formed at the time. he saw the
body, not that it had fallen in tho posi-
lion in which it was found and then !
frozen stiff, but that it had been thrown |
or placed in that position.