The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-09-30
BIRCHALL FOUND GUILTY
INTEREST IN THE TRIAL ALMOST
WITHOUT A PARALLEL

fenced to Hang.
WOODSTOCK, ONT.. Sept 29,-Inter est in
the Birchall case has steadily risen until
now it exceeds anything ever known in
similar case in the history Of Canadian
criminal trials. The prisoner was at his
place early. At last the strain is telling
upon him. Ii is evident he did not sleep
well last night, but he shows nothing like
fear, simply nervousness, and the look of
apprehension of a man who feels that great
events for him are happening, and that the
time when il will be known what the future
has in store for him is fast approaching.
The jury looked wonderfully fresh and well
kept, considering the time they have been
confined.
TO SEND THE NEWS.
A remarkable fact in connection with the
trial is that, in addition to the regular forcs
OF newspaper men, there is in attendance a
large staff OF stenog raphers employed 10y
enc of the cable companies, which has ar
ranged to send by cable verbatim reports
of Counsel Blackstock's speech, the judges
charge, and q long report Of Counsel Osler's
address as preliminary to the speeches.
This morning some evidence was taken,
but it was not of particular interest. Testi.
mony for the defense closed and addresses
for counsel were at once entered upon
During his counsel's address the prisoner
listened calmly and carefully TO all that was
said. Mr.. Blackstock, the prisoners coua-
sci, evidently labored under great excite
ment, and looked as if he had spent
weary hours last night in preparing his
speech of to-day. He began his address at
seven minunes before 20 O'clock.
COUNSEL BLAoKsTocK's ADDRESS.
Many Of the most enlightened countries,
he said, had abolished capital punishment,
but while they lived under a government
that upheld it, it was their duty to obey the
statutes of the country. But they would
not send man TO tne gallows without most
convincing evidence, and certainly not
upon the evidence which had been sprung
upon them by the crown. The Shiny net OF
the press had prejudiced the public
mind. but his lordship bad
already told the jury that they
must discharge their minds of
this false impression and pass upon the case
as according to evidence Some detective
work had been done and done well, but his
candid opinion was that the only honest
work of that sort had been done by the
newspapers; but while he conceded the
press all its rights in the premises, he con-
tended that it had no right to comment
upon the evidence and try the case in the
public mind before it had been given to the
jury.
PREPARATION For 4HK CASE.
He pointed out the great preparation
made for this case by the crown and the
enormous expense incurred to secure con-
viction, as contrasted with the position of
the defense. For weeks and months the
lawyers for Birchall had worked aud la
bored to secure fair trial without money,
to the credit of the bar be it said. They
appealed to the jury to acquit the
prisoner and set the mob and the press
at defiance. he asked the Jury not
TO Judge his client for his honesty
for if they did he would have to pass him
TO their censure. The fact was that he did
bring out Pelley and Benwell under false
statements, but the prisoner was not on
trial for these misstatements, nor for state
ments he made to several of the crown wit
nesses. Many OF the witnesses, Mr.. Black
stock said, appeared to be respectable
people, and he did not intend to impugn
their honesty, but he wished to draw their
attention to the frailty of human memory.
THEORY OF THE DEFENSE.
He then proceeded with an analysis of the
testimony, and developed his theory of de-
fense-that it was a case of mistaken iden-
tity on the part of those witnesses who had
testified to seeing Binwell and Brchall at
Eastwood, and aftsrward Berchall alone,
on the day of Benwell's disappearance.
Counsel Blackstock's speech was master
piece, closing at just O'Clock. Court then
adjourned for twenty minutes, for lunch.
CASE OF THE CROWN PRESENTED
Counsel Osler, for the crown, opened his
address at rs o'clock. The fact of the case
was that In February last a young man
came to this country full of life and hope,
and few days later his dead body was
found In a swamp In this country. The
first thing to inquire into was the relation
ship existing between the prisoner and the
deceased, aud see what that fur
nished. 1t was absurd that no man
should be convicted on circumstantial
evidence because in that view a designing,
deep-plotting criminal would never be con-
victcd. The worst criminal of the land
would go unpunished. The prisoner. under
the name of Lord Somerset, lived in Wood
stock without visible means Of support, and
in the spring of 1889 he leaves for the
old country. Early in this year he
opened negotiations with Policy and Ben
well to come to this country and
take an interest in his farm in Ontario, and
also a share In the profits Of his horses.
Knowing the facts as they did, what was
the object of writing that letter to Ben
wella The object was to get possession Of
that 9t70, but it was we'll known that as
soon as the deceased reached this country
Birchalrs deception would become ep-
parent.
A DEEP LAID PLOT.
Other correspondence which followed
showed that the prisoner was preparing
BenwelPs father to receive reports from him
instead of from his son. On board ship
Pelley and Benwell became antagonized,
but Birchall was able to reconcile Pelley.
While, no doubt, he had given both the
young men the same glowing description of
the farm, Policy had already been taken In.
Birchall had got his el70. But it was not
so with Benwel. Then, take the letter of
Birchall to Col. Bsnwell three days after the
son was dead. Fancy Benwell writing by
the same mail to his father that he had been
deceived, that there was no farm. But
Birchall knew where Benwell was; that he
was lying cold and stiff in Blenheim swamp,
and that mis- right hand would never again
address letters TO his dear father. The
solution Of this was that it was the only
way to get possession Of 9500.
THE DAMAGING LETTERS.
He wrote that be had introduced bis son
TO many friends and bad shown him books
Where are these booksl and where are the
friends he introduced him tol None Of the
friends in the witness box would set the
prisoner free. But there was not particle
of truth in his letter of Feb. 90 Then look
at how skillfully Birchall wrote that letter
to have money sent. not to j. r. Birchall
and F. G. Benwell, but to the firm Of Birchall
& Beuwell Therefore Birchall could draw