Huntsville gazette., 1890-10-04
GUILTY OF MURDER.


The BirchalI Murder Trial at Woodstock,
Ont, Brought to a Close by the jury
Finding the Accused Guilty-The Judge
Fully COncurred in the Finding and
Sentenced Birchall to be Hanged No
vember Ia Next.
WOODSTOCK, Ont. Sept. 30.-Immedi-
ately after the close of the speech OF
MIR. Osler, for the prosecution of the
Blrchal murder case last evening,
Judge Mcmahon informed the jury that
in order to save time he would at once
address them. He made very careful,
able and comprehensive review of the
case. He spoke for two hours and fif-
teen minutes, and charged dead against
the prisoner. The central point was
this: That if the jury find that Birchall
was on tn at train to Eastwood that day,
it is, in conjunction with having in his
possession Benwell's keys and checks,
strong presumptive evidence that the
prisoner is responsible for the crime.
If the prisoner had no farm at
the Falls, what was his design
in going that way at all.
He charged that if they knew the mur-
derer, the jury must find that the crime
was committed on Monday. He said,
with Osler, that the finding Of cigar
holder and stub near the body was
strong presumptive evidence that the
murder was committed near where the
body lay. His lordship asked what was
the object of the prisoner in stating to
all these people that he had checks and
keys belonging to Benwell in his pos
session. Was it not for the purpose Of
accounting for how he got them. If he
had instructions to send the
heavy baggage to New York, from
whom did the instructions came?
He could not have got instruc-
tions from Benwell. 1t is well known
that Birchall had told several witnesses
that Benwell had gone West. Why
was the baggage to 60 East? The
Judge went carefully through the points
concerning the telegraph and covered
the bogus kilograms from Birchall to
himself He said it was the gravest
sort of evidence against Birchall, if it
was really in Birchalls writing. He
reiterated most impressively that if the
telegram signed stafford House. wos
In Birchall'S writing and also if he
wrote other kilograms that passed about
that time, it was evidence of an eX-
ceeding grave character against him as
his actions showed scheme to conceal
a.crime.
Concluding, the judge told tho ju1y
in effect that circumstances, where tho
chain is perfect, may be made stronger
than the direct evidence of a witness
who swears falsely. He intimated that
if the jury believed the testimony for
the Crown was unimpeachable the case
was very strong one against the pris-
oner
The court adjourned at 9:55 p. M, but
the jury did not go out. They rs
mained in their seats and guard was
set over them.
The crush of people was terrific. Out
side it was almost impossible to get
through the throng. Judge Mcmahon
said quietly he would come into court
at half-past eleven o'clock to hear the
verdict, if reached at that time.
AS soon as the Judge arrived the jury
were asked if they had agreed upon
verdict and replied: 1--WE have"
''What is your verdict" asked Judge
Mcmahon.
Guilty" the foreman replied.
When asked if he had any thing to
say why sentence should not be passed
upon him, Birchall replied: Simply,
am not guilty of murder"
The Judge then said: 'Ifully concur
with the verdict Of the jury" and pro-
ceeded to pronounce sentence, which
was that Birchall be taken to the Jail
and between the hours of S a. m. and 6
p. m. on Friday, the 14th day of Novem-
Der, be hanged by the neck until dead