Evening journal., 1890-09-25
AN ALIBl FOR BIRCHALL.
That VIII Probably Be the
Prisoners Defense.
FORGING THE CHAINS OF GUILT.
A Strong Case Founded Upon Circum-
stantiai Evidence Solely Il Being Made
Out Against the Accused by the Legal
Gentlemen of the Crown.


Gentlemen of the Crown.
WOODSTOCK, Ont, Sept 25.-1mpassive
as man OF iron, Birchall listens while
link by link the chain OF evidence connect
forged. At the opening Of the third day |
Of the trial DR.. Taylor, of Princeton, de-
scribed Benwell's wounds. The murderer |
had held his pistol so close to the back of |
Benwell's head that the hair was singed. |
Manager Burnett, Of the Great Northwest |
ern Telegraph company, Buffalo, n. y, |
identified a telegram Birchall sent to him |
self Postmaster Woodruff, Of Niagara
Falls, Ont, swore that Birchall rented a
postofiice box in February for six months
ending Aug. Is.
meteorological Testimony.
Professor Wolverton, manager Of the
Meteorological observatory, Woodstock,
testified to the condition OF the weather
during the week OF the murder. His re-
cords showed the temperature to be above
freezing on the morning of Feb II, the
supposed day of the murder, slightly be-
low freezing that night at 7. Rain and
sleet during the night, showing and drift
ing on Thursday and below freezing on
Friday, when the body was found
An Attempt to Steal the Body.
Sexton John Greigs being recalled swore
that at 10 o'clock Wednesday night sue
ceeding Pelley's Identification OF the body
at the time when Birchall was in custody
a buggy drove up to the cemetery and stop
ped. lie drew the blind to let the light
shine out and the buggy was driven away
rapidly. He suspected that somebody had
come to steal the body. James Hull,
lumber merchant Of Princeton, testified
that Birchall told him that he tBirehalD
had parted from Benwell at the Falls. Ben
well going to London, and that Benwell
had sent him here from London letter
| containing checks for baggage.
Constable Watson and Undertaken
Schwartz previously swore that Birchall
had told them the same story. Witness
asked Birchell If he had the envelope Of
the letter from London showing the name
of the hotel Benwell stopped at. He re-
| piled In the negative.
Birchau said "No."
Capt. Cox, Of Paris, swore that Birchall
gave him the same explanation as to Ben
wells disappearance which he gave Hull,
Watson and Schwartz. He told Detective
Murray the same story, showing that he
had planned to tell the same story to sew
eral people, thus making corroborations *
protect himself. Cox asked Birchall II h'
suspected who killed Benwell. He an
swered mo- George Phemister, man
ager Of the Niagara Fall1 tOnt) telegraph
Office, identified the telegram sent b,
Birchall, who told Phemister that Benwel
had from $50 to 500, that he had seen hin
last on the Grand Trunk platform at th
Falls, and that Benwell went 20 London
whence he sent the latter containing pape
and checks for baggage
He Was Lord Somerset" Then.
George Hersee, farmer, near the seen
Of the murder, identified the prisoner a
the man who introduced himself to wit
ness in 1883 as son Of Lord Somerset
He drove two horse carriage. Next da
he arrived with four-in-hand. Somerse
then told Hersee he had been in the viciT
. ity before. He asked about Mud lake (bS
! side which Benwell's body was found
said he knew the place and had been CUR
). ming there some four years before. Josep
e Piggott, farmer, living near Hersee's plac'
|. next identified Birchall as Lord Son
erset.n
e Birchan Asked No Questions.
i Chief Young, Of Niagara Falls, Ont
+ described Birchalls arrest. II have
n warrant for you Prepare to come wit
e me.u said the chief. "All right" reptile
Birchall, jumping out Of bed and askir
d no explanation. ConnOr ODay, writiI
lie expert Of the British American colleg
:. Toronto, identified Birchalls handwritlr
In many documents in evidence, amor
them were tho famous Mellerish lette
on pupil farming and the agreement b
ie tween Pelley and Birchall TO go into farI
Z ing partnership as follows;
y, The Farming Partnership Agreement,
Ie Memorandum Of agreement made this n
d. day OF January, 1899, between d. r Pelley,
be Walden Place, Saffron Walden, on the one pa
and j. r. Birchall, OF Niagara Falls Ont.
tho other part, to the effect that the said D.
Pelley agrees 10 reside with the said J. r. Brs
OF ali and assist him 70 the best OF his ability In
r.. discharge or said j. q Brchalfs business
~ the space Of one year 70 date from date Of agr
"a ment.
~ Also D. r. Pelley agrees 10 pay the sum
~ Ri7O 10 be invested by the said j. r. Birchnll
as his business, such sLhn 70 be- returned togett
Il l with interest at the rate Of per cent,
IN event OF the said D. r Policy not electing
ad stay longer than one year The considerati
NJ received BY the said D. r. Pelley between boa
and lodging household necessaries and extr
Canada and the United States, and 2254 per ce
OF the payment in the business Of the said j..
n Birchall arising from all or any sales whene
us held. d, r PELLE'
as The document is dated Jan IA, 1890
ht An AIibi for the Prisoner.
OF Fully half the spectators during
~ afternoon were ladies. Not an inkling
M the defense was gathered from cross exa
nu ination. Blackstock's s strange remark Il
er Birchall was not in this country in
$50 opens speculation that perhaps an al
may be aimed at.
A Heavy Blow for Birchall-
he A very important discovery in the Bir
sn. all case was made by Government
at tective Murray during the day. II will
er remembered that a great sensation '
m made after Benwells body was identii
se- by the discovery of the entry, IF. @. b
,ed | we'll, - on the register of the Commert
'he hotel, Brantford, Ont, date OF Jan. lS.
tbe coincidence Of the names was remarkRl
and Birchall's lawyers relied upon the
cumstance IN shaking the crowns ca
Archibald Nyma and Baird Murray, b
az living at Brantford at the time OF the m
nv der. confessed to Detective Murray {
in the entry was made for a lark. Two Il
woe tious entries were made, one II. y. d
'isb we'll, Bristol, England" and another
aIa w. Rogers, Europe" This is heavy b