Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-09-23
AS MERRY AS EVER.
Brchan Not Apprehensive as to His
Probable Fate.
THE PUGlLlSTS CANNOT FIGHT.
Judge Earl Renominated by New
York Democrats.
REPUBLICAN CLUBS IN CONVENTION.
WEARS A JAUNTY AIR.
Birchall Does Not Seem Anxious as to
the Result of His Trial.

WOODSTOCK, ONT, Sept 23-The court room
was even more densely packed when court
opened this morning that IL was Yesterday
Mrs. Birchall and her sister. Mrs. West Jones.
occupied seats. Both wore wells and were
dressed we'll and in good taste. Mrs. Birchall
looks ten years older than she did last March
when she was prisoner at Baldwin's boarding
house at Niagara Falls. She is very thin and
pale and marks of suffering are indeliby fixed
on her face.
The grand jury in the case of Mrs. Birchall
reported mo bilr' this morning on the charge
against her OF being accessory 90 the murder.
Birchall came into the court room with his old
jaunty. debonnair expression. lie was fresh
shaved. well brushed. dapper looking and as
nervg as ever. The case opened with the
cross-examinaticn Of Pelly, formerly the COM
panion OF Benwel and Brchall. by Mr. Elack-
stock. 1t developed nothing in particular
Charles Benwell, brother OF the murdered
man, swarthy. understood young fellow. fol-
lowed Pely. He said he came TO the trial in
the place Of his father. who is ill in England
lie Identified the false teeth and fiat pencil
case and ring placed in evidence as belonging
to his brother He also identified the keys
found on Birchall as his brothers and said
that with them he opened his brothers desk
and two trunks. He identified his brothers
handwriting on the cigar case found near the
body, and also all the clothes worn hy the mur-
dered man. He said his brother was of a cheer
fui disposition, was q tutor. studied a year in
Switzerland, farmed year and half in New
Zealand, then was idle two years before coming
to America with Birchall. William Davis. a
civil engineer, who made a survey of the To-
cality OF the murder. swore to its correctness.
Surveyor Davis gave important evidence
on the distance from East Wood station to the
place whore the body was found. The defense
will doubtless try 20 prove that it was impossi-
BILE to walk that distance in the time at
Birchalls disposal in that locality on that day
OF the murder. Davis swore that the distance
from the station and return is nine
miles and forty-four hundredths; that he
made test on July 10, on warm afternoon
the total time of absence being three hours and
fifteen minutes, stopping twenty-seven minutes
on the way, making the actual walking time
two hours and forty-eight minutes. The wit
ness admitted that the roads we're dry, not
muddy as in February. He was dressed for
walking and was not encumbered with a heavy
pea jacket and macintosh as Birchall was.
Mr.. Blackstock made the witness admit that
the underbrush was so thick in the swamp that
1t would have been practically impossible for a
man 10 have carried body OF his own weiyht
through the swamp. showing that Benwell must
have been shot down at the spot where his
body was found. Adjournment was taken for
dinner.
dense throng was gathered in front of the
court house as Birchall was taken back to the
jail. Carriages were drawn up all around
many OF them filed with ladies. Birchali
stands the scrutiny OF the multitude we'll He
does not smile SO much as he did at his Niagara
Falls examination. but is quite composed and
his indifference is amazing