Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1890-10-02
He Enticed His Victim Into a Dark
Swamp and Then Sprang
Upon Him.
The Human Monster Will Suffer for
His Relentless Deed-A History
of the Crime.

hours. lie reflected on the alleged reek-
less methods of the prosecution and the
apparently careless manner in which the
witnesses for the crown seemed ready to
swear away mans life. His summing
up of the evidence was very exhaustive,
rointing out the defects in
the evidence bearing upon
BirchalI's identity, Discussing on
the moral character of his client he said
that he must admit the utter inability to
point out an explanation of the course OBJ
served by Burchall which would be con-
sisient with his innocenSe of dishonest
purposes. The only explanation of
Birchall 5 statements to Pelley and Ben
well inducing them to come out there
which Blackstock could offer was
that BirchaIl expected to secure
through them the money to enable
him to go into business and make good
his promises. He denounced the man
ner of conducting the Identification of
the prisoner as disgraceful and APP
pealed to the jury to think only of the
evidence before them in making up their
minds, The time would come when the
mystery surrounding this crime would be
cleared away He closed with u touching
reference to tho devotion of Mrs. Birchall
| Mr.. Osler closed for the crown. He re-
viewed the story in detail and analyzed
Birchall's negotiations with Benwell into
one fact plan to entrap young Benwel
to Canada on representations he knew
would be shown to be false the mo-
ment he arrived in Canada. The motive
was to secure Eve hundred pounds. He
detailed Birchal's dealings with Policy,
and said the outcome of all this fraud and
deception could be one thing only, and that
was Blenheim's swamp. Look at it all
and all as you read the correspondence;
read between the lines and you will see
there just the simple, awful word, "mur-
der. "
The judge in charging the jury reviewed
many points in the case and at length.
He pointed out the difference between
direct and circumstantial evidence, show
ing the latter when conclusive was far
more reliable. He called attention to the
important fact that Birchall had the keys
to Benwell's baggage and reverted to the
letters written by the prisoner to Benwell'.
father. If FIVE hundred pounds were sent
to the firm as requested In the letter, any
member of the firm could claim it. The
prisoner speaks of the purchase of an other
piece of property and that Benwel would
write by the first mail What was the
object of these letters Al was deception
and the prisoner must have known that
Benwell would never write such a letter
to his father The condition of the cloth
| ing on the body when found, the Judge
thought, disproved the theory of the
| defense that the murder was for plunder.
1t was significant that every mark on
the clothing had been removed and had
| it not been for the finding of tie cigar
holder benwel's death would always have
remained mystery. The jury retired at
| $3.50 and returned at 80 with verdict
of guilty of murder in the first degree.
When asked if he had anything to say
why sentence should not be passed upon
him, Blrchall replied: Simply, ! am
not guilty of murder The judge then
said: 81 fully concur with the verdict of
the jury, and sentenced Birchall to hang
the 14th of November
f. G. Benwell, for whose murder Bir-
| chell was placed on trial, was about TWEEN
| ty-fve years of age, and the son of Col.
w. w. Benwell, of the English army He
was intimately acquainted with Birchell
In England and sometime about last
Christmas the latter made proposition
to him to form a part lership to
obtain the control of stock farm
near Niagara Falls, Of which Biz
chel claimed to be part owner.
Young Benwell looked tavorably upon the
matter, and Birchell then attempted to
secure some money Ia advance from Ben
wells father The old gentleman, how
ever, was wary and decided that when
his SON reported to him from Canada chat
the business was satisfactory he would
pay The money agreed upon twenty
five hundred dollars, but not be-
fore. Accordingly, on February ),
a party consisting of Benwell, Birchell, the
latter's wife, Florence, and young man
named Pelly, who bad also arranged with
Birehell to engage in farm work IN Canada
sailed from Liverpool on the steamer Brit
tanic. After short stay at New York.
the party proceeded to Buffalo and thence
to Niagara Falls. On February II,
Birchell and Benwel started TO in
yestigate the alleged farm. They
took the train as far as Eastwood station,
where they left it and started to walk
At the farm houses along the turnpike
Birchill was frequently recognized, he
having lived at Woodstock for some
time under the name Of Lord Somerset
What transpired during the next few
hours is a secret locked in one man
breast, whether that man be the prisoner
or some one else. At any rate, Brchell
returned TO Niagara Falls, alone.