St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-09-28

Benwell's body and groin could not
have been made by falling in his tracks
after being shot. He asserted that the
indications described proved to him
that the bruises took place several
hours before death. The purpose of
this evidence was to show, If possible,
that Benwell did not die on Monday
must have been set upon by persons un-
known; that struggle occurred, and
that he was bruised in the struggle.
The dent in his neck, which rested on
the sapling, showed that rigor mortis
had not set in when he was
placed or fell where found. DIR.
Burns thus gave longer time for
the deed TO have taken place before
the body was put where found. DR..
Richardson, of Toronto, Jail physician,
was next called and substantially agreed
with DR.. Burns, Samuel &. Mckay,
one of BrchalPs lawyers. now swore
that Mcdonald, witness for the crown,
told him that four minutes elapsed be-
tween the shots and that, pointing to a
telegraph pole forty yards away, Nc
Donald said he was as close as that to
the shots. Norman Mcqueen. son of
the late Judge Mcqueen, swore he knew
Birchall IN Woodstock in 1883. Did
you see Birchall in Woodstock in Feb
ruary last?" asked Mr.. BlackStock.
Yes On Monday, Feb. IL. about 12 o'clock
noon"
''What did he wear?"
'Knickerbockers with bow on the side.
l always knew Birchall that way. When I
got home said had met Somerset. never
was on good terms with him. He called me
name once"
Witness fixed Monday, Feb. II, as the
date positively, explaining what he did
Saturday, Sunday, Monday and Tues
day. He admitted he knew another
young Englishman dressed similarly
was in town. Then by Howard j. Dun
can, who arrived in London from Toledo
at 5:15 O'Clock Friday morning, Feb. 81,
it was proved that heavy snow storm
was i'll progress at that hour. "That is
our case," said Mr.. BlackstOck. 1t was
just noon. Mr.. Blackstock said he
would like to place in evidence on Mon
day the register of the Brantford hotel
in which the name f. G. Beuwell ap-
pears on the date of Jan. l3. He got
permission, but as it has been shown
that the name was written by Brant-
ford man for lark, this evidence is not
important and the defense is prac-
tically ended. Birchall went gaily
off to Jail, happy as a bird, so
far as appearances went. Should the
jury accept the statements of Milliman
and Mcqueen implicitly as to seeing
Birchall in Woodstock ABOUT the time
the murder was committed, an alibi is
proved. 1t is almost impossible to
doubt, however, that they mlstook him
in his kniekerbockers for Nesbit, and
this is likely to be the opinion of the
jury. Detective Murray, who has so
cleverly worked up the crowns case,
said to the United Press reporter to-day
that he had grave suspicious that the
jury had been tampered with, and hint
ed at possibility of disagreement in
consequence. "This case must go to
the jury Monday" said Judge McMa.
hon positively, just before adjourn.
ment.
Mrs. Rirchan Going Home.
1t is stated here on good authority to-
night that Mrs. Birchall and her sister
Mrs. Westjohns, have engaged berths
on the steamer leaving New York on
Oct. 8. Whether they expect BirchaIl
to accompany them is unknown, but
no arrangements for his passage
have been made. When spoken to in
the court house to-day about his case
Birchall said: Cali have got to do is
to speak one word and am free" His
opportunity will come. Pelly and
Charles Benwell expect to be in Wood.
stock Tuesday, and sail for England
on Oct. l. Mrs. BirchaIl had brief in.
terview with hel husband in Jail last
| night. 1t is said to have beer
very affecting. The general opin
ion tonight is that the jury will find a
verdict of conviction in a very short
time after retiring. Birchall has per
ceptibly changed within the last TWEEN
ty-four hours. He keeps a bold front
but occasionally harassed, hunted ex-
preston creeps over his face. A big
ers are coming from Toronto to take
the speeches summing up the case.