Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1890-09-30
DEATH HIS DOOM.
Birchall Branded as the Slayer
of BenWell.
HE MUST DIE BY THE ROPE
II Am Not Guilty Of Murder" Said The
Condemned Man.


The Great. Murder Trial at Woodstock,
Ont. Ends in Victory for the Crown.
and John Reginald Birchail, Must on
Nov. 10, Yield Up MS Life for That OF
tho Friend He Shot In the Back in
DIenheim Swamp - Birohairs Counsel
Admitted That He Was u Knave. but
Denied That Blood Was Upon IIia Hands
The Masterful Summing UP Of Attorney
Osler for the Grown The Judges
Charge Was Strongly Against the Pris-
oner.
WOODSTOCK, Ont, Sept 9O.-The famous
Benwell murder trial came to an end at
1is8O O'Clock last night and resulted in tho
conviction of J. Reginald Birchall on the
charge Of murder in the first degree
The court adjourned at 9:55. but the Jury
did not go ont. They remained in their
seats and guard was set over them. The
crush Of people was terrific Outside it
was almost impossible to get through the
throng. Judge MeMahon said quietly
that he would come into court at 1880 TO
hear the verdict. II reached at that time
Judge McMahon came into the court at
1850 and at once inquired IL a verdict had
been reached The foreman of the Jury
replied in the affirmative The Judge sent
for the prisoner and IN a short time he was
brought in, heavily ironed and pla ced in
tSsl flssH 10
cation When called upon the foreman
arose and said the verdict was Guilty. Z"
Mr.. Blacl1stock asked that the jury be
polled, aud all In turn said guilty Then
Judge Mcmahon addressed the prisoner,
ending up with the question whether he
had anything to say why sentence should
not be pronounced upon him.
"I am Not Guilty"
All eyes were focused upon him. He
gazed unflinchingly at the judge as he
spoke, his voice WAS firm, his features COM
posed, his glance as resolute as at any time
during his long trial
He said simply, II am not guilty Of the
crime as charged"
Intense silence reigned through the
court room. People held their breath to
hear his woris His voice had a fall,
round sound without a tremor in 1t.
| Judge Mcmahon then sentenced Birchall
to be hanged In Woodstock jail yard Nov.
IA, between tho hours OF a. m and D. IN.
| Birchall was led out through the crowd as
composed as the most phlegmatic man In
the court room,
SIr. BIackstocH's Address.
The address OF Mr.. Blaekstock 10 the
| jury for the defense was remarkable in
| that the attorney attacked the integrity OF
his own client, but alleged that his dis
| honesty did not prove that he was capable
OF numbering BenwelL He claimed that
the prosecution had made no case against
his client and asked the jury 10 give Birch
all the benefit OF the doubt. He said the
| prisoners case Was crippled at every turn
because the prisoner was not able to stand
the enormous expense. He said that more
| than the prisoner was on trial. the country 8
institutions were on Trial; whsther eshall
return to mob law or whether the newspa-
pers OF the jury shall try cases.
Trying to Discredit Testimony.
Mr. Biackstock said that Conductor
Poole was mistaken as TO the relative size
Of BIrchall and Benwell, and said that
Birchall would be measured TO prove IT.
that he was mistaken as TO their relative
complexion and clothing. He told the
jury to guard against accepting Testimony
not maliciously false, but honestly false
He referred 10 the enormous number OF
persons that Trainman Hay and News
Agent Duffy meet In the course OF a year
and asked how it would be possible fol
them to remember any particular ones.
He asked what necessity under heaven
there was for Birchall TO tell Duffy his
name was Smith. He pointed out dis
I u. l.. Al
people, and insisted their evidence must
be accepted with great care. Mr.. Black
stock endeavored In the same way to cast
discredit on statements made by Miss
L,ockhart and Choate concerning SEEING
Birchan and Benwell on the train. He en-
deavored to have the jury discredlt their
statements because there were dlscrepan-
cies in them. Reaching Eastwood hs
took up the evidence Of Alice Smith
He sought % throw discredit ON hei
statements because she did not at once rec
ognize Birchaii, but asked him II he was
Somerset or Dsdley.
The Murder Mystery 10 Him, Too.
Mr.. Blackstook evidently tried to prove
that Birchall was not at Eastwood with
Benwell on Feb. II. He read extracts con.
cerning number OF cases to show that
| utItlDAOIN many nlbhtHobo npAt oSAtNA duA
yet were mistaken. He laid the greatest
stress on this point, the pivotal point o.
the defense
He dwelt strongly upon the salient points
of the defense, the condition OF the body
the bruises, the lack OF mud on Benwell'.
boots, though Birchall's boots were muddy
the wandering about the country OF sus
picious persons during the week OF tn,
murder, and all other somewhat vague bui
suggestive points in the line Of the defense
including the fact that these two men Will
money in their pockets passed many eat
ing houses on the way, according TO tn,
theory Of the crown, and that Benwell dice
with an empty stomach. He said the mur
der was as much a mystery to him as to the
jury, but prophesied that the mists would
be cleared away by time. Mr. Blackstocl
spoke five and one-quarter hours. Mrs
Birchall was much affected by the address
but Birchall, who had listened calmly to al
that was said, was as self possessed as ever
Mr.. osler's Summing Up.
MI Osler began at $50 p. m. and spok,
four hours. It was pitiless arraignmen
of the prisoner. Step by step he traced th'
line of evidence from the time the Birchall
Benwell party left England. He showed
how Birchall was in Oxford county il
1859. and became acquainted with thl
locality in which the body was found Soor
he came to the famous correspondence, in
eluding the letter written to Benwell'i
father three days after the murder. He saiC