Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-11-14

II almost felt sick, not from fear, but a
strange, unde6naale feeling came over me, and
1 turned back with him at once.
Il thought on that instant that he meant
some evil. I knew the place. The rail there
alongside the footpath Is not more than two
and . half feet high and there are wide OPEN
ings in 1t II would be the easiest thing in the
world to pitch man over that rail or under it
into the beginning Of the whirlpool rapids"
BIRcHALL's COMPROMISING LETTER.
Two days after the murder in the swamp
Birchall wrote 40 follows TO Col Benwell;
my Dear Sir: Your SOP has inspected all my
books and all my business arrangements, snd
! introduced him 70 people who know me we'll
81 think the best way is to place the money
in our joint names in the bank to the credit of
our reserve fund We shall take the additional
piece of land that mentioned to you as we
shall now require it for produce. The best
way to send money out is by bankers draft
Drafts for us should be drawn on the Bank Of
Montreal, New York; they have a branch in
also do business for them. letter of this
kind should be insured and registered
I'VE are holding large sale early in March.
Your son was somewhat anxious to share in
the profits of the sale, which am quite willing
he should do. So we have signed our deed Of
partnership. and am sure will never regret
doing SO. Your son is, think, writing you by
this post shall send you weekly particulars
Of all the business done, 30 that You can see
for Yourself how things go on. This will be
satisfactory to You, think. OF course, in re-
gard to money, any bank in New York would
do for the drafts. We have q business account
in our joint names at the American Bank.
Your son will doubtless explain his views in his
letter."
The envelope Of this letter was stamped
across the face, "Birchall & Benwell, Lock Box
313, Niagara Falls. Ont"
When arrested the KEYS Of Beuwell's trunk.
which Birchall had taken from the custom
house the day after the murder, were found in
intention to draw money steadily from Col.
Benwell, whom he prepared for the reception
of type written letters. He could have cashed
all checks sent to "Birchall b Benwell," as one
partner in firm can draw upon joint account
without the consent of the other member.
THE CROWNS CLAIM.
The presumption Of the crown then was that
Birchall induced Benwell to go into the swamp
as u short cut to the farm he pretended to own,
really intending to kill him and throw the body
into the bottomless pond in the middle of it.
During Birchalls absence, however, there had
been a fire in the swamp, and the fallen trees
and burnt stumps had completely obliterated
the narrow trail which led from the road to the
pond As the body was found not more than
twenty feet from the road and nearly quarter
OF a mile from the pond it is supposed that this
plan was abandoned and the murder committed
there in the confident belief that the body
would never be found. 1t was only by the
merest chance that the two Elveridge brothers
wen. in there five days later to chop wood q
Tamarack swamp. and at once stumbled upon
the body, with all the names cut out of the
clothing and the pockets turned inside out
THE TRIAL AND CONVICTION.
The trial lasted q week. For Woodstock it
was one long holiday. The people began
gathering about the door Of the town hall. in
which the court room had been fixed, as early
as o'clock in the morning. The crowd was
composed not only OF towns-people, but OF
farmers, who seemed to take great deal more
interest in the trial than anybody else. Per-
haps no man charged with murder was ever
before in such an apparently easy frame Of
mind as BirchaH seemed to be. On September
20 the trial ended. At 9:53 that night the case
was given to the jury. At ll:30 the jury had
agreed upon verdict. There was some delay
before Birchali came in, handcuffed for the
first time. His face was pallid, but not unusu-
ally so. When the jury was asked if they had
agreed upon a verdict the foreman said they
had.
What is your verdict" was asked.
''We find John Reginald Birchall guilty Of
the murder Of +. c. Benwell," was the reply.
Birchall never finched. One of the counsel
for the defense asked for a poll Of the jury, and
as each mans name was called he arose and
said Guilty
The judge then asked the prisoner what he
had to say why sentence Of death should not be
pronounced upon him. Birchall arose in the
box with his hands folded in front Of him. the
handouts having been removed. He was calm.
confident and firm, but his face was white.
He said: Simply that I am not guilty OF the
crime. my lord"
Judge MacMahon, first remarking that the
verdict OF the jury was in perfect accord with
the judgment Of the court, then pronounced
the sentence of death upon John Reginald
BirchAil that he be hanged on Friday, the
18th of November next, between 8 and 6
o'clock"
was speaking, and then with q bow he took his
seat