Roanoke daily times. (Roanoke, Va) 1886-1890, 1890-03-14
BAD BIRCHELL
HE SMILES WHEN ARRAIGN.
ED FOR BFNNELL'S MURDER.
HELD FOR TRIAL IN OCTOBER.
Mrs. BircheIl demanded for Eight
Days-PubIic Sympathy IL With
Her-AlI Are Astounded At the
Accused's Nenehalsnce.

NIAGARA FALLS, Ont, March 49,
j. R. BircIlell was formally held here
last night by Magistrate Hill for the
assizes at Woodstock in October on the
charge of Wondering F. C. Benwell on
Feb. II last. Mrs. Birchell was re-
manded for eight days and will remain
in custody Of an officer at Baldwin's
boarding house in this village, where
she has been since her arrest.
The village was full of strangers.
Farmers had driven in for miles to see
the last scene IN the drama enacted at
this point. For hours before court
opened the court room was filled with
perspiring crowd. The people were
massed together compactly, the LOBBY
was full and many stood out In the
pouring rain.
a sensation was created during the
afternoon when it was learned that
James Macdonald, of Toronto, nephew
of Sir John A. MacDonaId, and one OF
the most noted criminal lawyers of
Canada, was present in behalf of Birch
ell. To a United Press reporter he said
he had not yet taken hold of the case,
but had been sent for by Blrchell and
would in all probability be retained.
Mrs. Birchelrs Case.
Mrs. Birchell, looking pale and weak,
was brought into court at ) p m, lean
ing on the arm of Chief Young. Much
sympathy was manifested for her by
the spectators. Magistrate Hill said
his information now was that she was
accessory to the crime in Niagara
county, and that all evidence against
her should be heard here. Neither side
had any further evidence in her case.
Magistrate Hill was NOT sure of his
authority in the premises; and remanded
her for eight days, with the understand
ing that she could be brought up at any
time in the interim and her case DIS
posed of.
The spectators cheered, relieved that
she was not to be taken at once to Jail.
Detective Murray had a coroners war
rant from Oxford county in his pocket
and would have Immediately arrested
her if she had been liberated.
Cool as a Cucumber.
Birchell stepped off the Michigan
Central train handcutfed to an officer
and smiled gayly at the waiting crowd.
When brought into the court room he
appeared serene and perfectly uncon-
cerned, as nonchalent as if taking his
seat in some festive gathering. He
was well brushed we'll combed, bright
looking. His Indifferent demcanor is
study and wonder to all to see him.
He smiled around at the reporters and
officials, nodded to some, looking
straight out of his piercing black eyes,
without Il particle of timidity. The
handouts being removed he took off his
kid gloves, crossed his legs, tipped back
his chair and waited for the proceed
ings to begin.
About half dozen witnesses were
sworn. Most of the evidence was re-
sumo of that taken at the coroners in
quest. 1t came from trainmen who
saw Birchell and Benwell on that fatal
trip to Princeton on the morning OF
Feb. II. Coming back after poor Ben
well had been left weltering in his
blood in the lonely Blenheim swamp,
Birchell bought from James Duffy, the
newspaper agent, cigars, oranges:
Mark 1wain's Tramp Abroad" had
Duffy sit down and smoke one of the
cigars and offered him a drink out of
his pocket flask. Birchell seemed in
the best of spirits.
New Evidence Introduced.
New evidence was introduced when
George Phemister, manager at Niagara
Falls of the Great Northwestern Tcle-
graph company, was sworn. tie pro
duced three kilograms. One was sent
from Niagara Falls, Ont, at 7:44 p. M,
Feb. II. 1t was addressed to "Pelley,
Stafford house, Buffalo, and read, AR
rive Buffalo 8 o'clock. Must remain
there tonight Signed, Bastell.
Phemister could not describe the sender.
He could not say it was Birchell. =
train from London had just come in.
In this telegram it is supposed Birchell's
name was misspelled by the operator:
Another theory is that he missspelledi
it knowingly. Pelley told the United
Press reporter that he had never known
Birchell to call himself "Bastell." Pei
lev was then called and swore he did
not recognize the handwriting Of
Birchell. Another telegram dated But
falo received at Niagara Falls Feb n,
directed" Birchell. Imperial hotel, - read:
Telegram and letter sent on to you
Yesterday to ship heavy baggage TO
Fifth Avenue hotel, New York. Signed,
Stafford.
"Benwell Not Here"
The third telegram was from New
York, dated March /, and was evidently
from Policy, though it had no signature.
'Benwell not here" was all it said.
That closed the testimony. Magis-
trate Hill asked Birchell if lie had any
thing to say. He whispered with his
lawyer a moment and then said in a
natter-of-fact way: "No, have moth
ing to say" The next moment he added
with SOME emphasis, lat this particular
time" His GOODNESS was astonishing.
Magistrate Hill then held Birchell for
trial next October at Woodstock, the
capital of the county i'll which the
murder occurred. He slipped his kid
gloves on his dainty hands, his body
guard slipped the handouts over them
and led him through the crowd, the
most unconcerned appearing man in all
that throng.
Funeral of Judge Stewart
TRENTON, March ;3.-The funeral of
Judge John II. Stewart took place from