The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-09-28
TRIAL OF BIRCHALL
The Usual Crowd in Attendance-1he
Evidence All In.

WOODSTOCK, ONT, Sept. 27.-The case
for the defense was continued this morning.
BY $50 o'clock all the seats were filed in
the body Of the court house The gallery
was filed with ladies. ms were the seats on
the platform, and crowds of ticket holders
were struggling with the constables for
places on the steps outside.
The prisoner was as unconcerned as ever
as he walked up to the court and chatted
with lawyers and reporters. He examined
with some interest, the photographs handed
him by reporters, which were taken by a
Woodstock photographer from the gallery.
showing the scenes in the court on the first
day of the session
A PHYSICIAN EXAMINED.
DR.. Mearns said he had heard the medical
testimony given by the three doctors for
the crown, and did not agree with DR.. We'll
ford in the statement that rigor nortis
would set in so soon as stated. Ii would
take generally, he believed, from five TO six
hours IN healthy young man during cold
weather, the thermometer not higher than
%, who had not suffered exceptional
fatigue. he thought rigor mortiS would
not SCI in sooner than from
eight TO ten hours. AS TO the testimony
concerning the bruises described of blush
green appearance. he thought that the body
falling after pistol shot could not produce
them. Such bruises must have been re-
ceived from two to six days before death.
He was positive of this. He had practiced
medicine in Petrolo. He had had consider
able experience among men burned by ma
chinery.
TECHNICAL TESTIMONY.
Crown counsel Osler cross-examined the
witness at much length, reading from
medical works and quoting medical au-
thorities as to the exact tests to decide ante
norton or postmortem character OF certain
classes of wounds and the age of wounds as
indicated by the appearance of bruises.
The testimony was entirely technical, the
object of introducing it was to shake that
of the physicians who had testified for the
prosecution.
A PROFESSIONAL OPINION.
DIR. Richardson of Toronto, a venerable
looking practitioner, testified that he had
been practising since 1S47, and was professor
of anatomy i'll the university medical school.
He gave his opinion that in the case of a
healthy young man dying suddenly, as the
result of pistol shot rigor nlortiS would
be considerably delayed. -Four hours was a
short time for it TO set In in average cases,
aud some authorities put the time at nine
| or ten hours.
Norman Mcqueen, son OF the late Judge
Mcqueen, testified th at he knew BirchaIl in
Woodstock and saw him in that town on
| Feb. IL last. He remembered the date par
| ticularly, because lac had been anxious to go
| to ball on Feb. Is, and also because q
| friend of his, on the morning of Feb. II,
LETT for New York, en- route to Europe.
| The sale of a ticket for passage was subse-
quently proved by tne agent Of the White
| Star Line.
THE CASE CLOSED
This, Counsel Blackstone said, concluded
the case for the prisoner, with the excep
tion Of two or three witnesses, who woulc
| take but a few minutes each He said be
would be ready Monday to produce the
register of the hotel in Brantford on which
the name of +. G. Benwell was registered
Jan. Is last, and evidence as to delivery Of
a telegram. Judge McMahon said that the
case must go to the jury Monday evening
| After discussion it was decided that the
evidence should be considered closed now
The judge then stated to the jury that he
regretted that an interval of more than 9
day should elapse before the case could bC
| concluded. The case was of such import
ance that, though his time was fully occu
pied, he intended to postpone another assizt
In order that 1t might have full considera
tion. He said he wanted the Jury to reach
| no definite opinion until they
had heard the case presented by counsel anC
himself. When they had heard addresses
and the charge it would be time for them &c
revolve the facts in their minds
At 1880 o'clock an adjournment wai
taken until Monday.
BIRCHALL SHOWS SIGNS OF WEAKENING
To-day Birchall showed slight signs o
weakening, moisture bsing noticeable in
his eyes at ons time. but he soon rallied and
for the rest of the day was a.
calm as usual. Though to al
external appearances he seemed cool and
| collected, nevertheless he is nervous aud ex-
cited.
Birchall's wife and sister-in-law have. II
is said, given up all hope of his acquit al.