Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1890-09-27
DEFENSE IN NAME ONLY.
The Very Weak Case Made by
J.. Birchalls Lawyers.
FEEBLE STRUGGLE FOR AN ALIBr.

WOODSTOCK, Ont, sept. N.-Ile trial or
Birchall is rapidly nearing an end, and
despite the damning proof against him.
Birchall is as cool, nonchalent and self
possessed as any man in the court room.
At the beginning OF the fifth day the prose
cution gave more evidence of Birchalls
presence near the scene of the murder on
the fatal day and then closed its case.
The Defense Opens.
Mr.. Blackstock then opened the case for
the defense. He said: 1--WE entertain very
strong opinions as to the insufiiciency OF
the crowns case, but will not discuss that
at present for obvious reasons" He intro
duced the certificate of Birchall's marriage
In England to Florence Stevenson on Nov.
10, 1888, proving that If la England then
he could not have been In Blenheim
swamp in October Of that year, as one wit
ness testified. John Raab was the first
witness for The defense His house com
mands view of the place where Benwells
body was found. He described tests made
by Detective Bluett. Placing boy on tho
road even with where Benwell's body was
found the witness looked from his bed
room window and he could see the boy per
fectly, and also from the outside OF the
house. He said on Tuesday evening, Feb.
10, he heard two shots In the swamp, one
minute or two after the other, and directly
after two men came out and went west
Neither One Was BirohaIL
John Friedenburg testified that he gave
ride TO two men on Feb. IL, about 1890
in the morning They were going east in
the direction Of Blenheim swamp. Wit
ness swore neither one was Birchall
James Atkinson, hotel, keeper at Drumbo.
when asked II he had &seen any suspicious
persons during the week Of the murder,
said he had that Robert Caldwell and
George Barker came to his hotel at $50 or
o'clock Thursday morning, Feb %. Bark
er wore felt boots and rubbers; Caldwell
wore common overshoes over boots. 1t
should be remembered here that evidence
was drawn out early in the case from I'm
dertaker Sowartz that he saw In the woods
near the body tracks made by moccaslns or
overshoes Detective Murray had Barker
and Caldwell under suspicion at first and
had almost decided 10 arrest them when
Birchall diverted his attention.
Continuing. witness said Barker and
Caldwell ware worse of liquor. Their
buggy was muddy. Adam Oliver, livinc
eleven and bali miles north OF Prinoetoi
and four miles from the spot where the
body lay, swore that two men called at his
house either Tuesday or Wednesday morn
ing Of that week at o'clock and asked
the way TO Princeton and said they were
buying horses He saw but one man, who
said;
Two Parties Of Men Abroad.
"We want to get to Princeton and wit
ness concluded the other man was In their
81. H.. - M.
man used good laSguage and did'not swear
IL seemed evident that the defense was
trying to prove that two parties Of two
men were abroad that week, the party at
Mr. divers being pleasant spoken and
the other boistrous, and that Benwell was
one OF the two men who called on Oliver
The crowns counsel however, showed that
Oliver, in his statement at the inquest,
swore the man be spoke to kept swearing
repeatedly.
Good Witness for Birchali.
Samuel strods, Of Princeton, saw two
men at his fathers hotel at Princeton on
Thursday, the day before the body was
found. They were Barker and Caldwell,
and they told him they came from Drum
bo He swore be saw the men on the Sat
urday after the murder, and the tracks Of
two men leading from the road to within
few feet OF where the body was found.
They started from the marks made by
rig, and back By another course to the rig.
He was on the coroner's jury, and closely
examined the tracks lie said they were
larger than If made by Benwells boots,
and looked as II made by moccasins. He
said It would have been impossible for a
man 10 carry his own weight over the fall
en- trees and brushwood. He said the
-.
in four feet Of the body.
Nevertheless Mr. Osler made him admit
that be was satisfied about the tracks sui
hciently TO sign the verdict duplicating
Birchall Col Cowan, OF Woodstock, swore
that he saw lferker and Caldwell at Dake's
hotel, in Princeton, on Wednesday or
Thursday succeeding the murder; he
thought It was Thursday They said they
came from Woodstock. One was drunk,
the other sober.
Working 30 Establish an AIIbL
The defense at this point made des-
perate attempt TO prove an alibi Frederick
Melliman, q grocer at Woodstock, swore
that he saw Birchall In Woodstock In Feb
ruary between 10 and II o'clock about two
weeks before his arrest. He was certain OF
the man and hour, but not Of the day. He
could NOS fix that nearer than about two
weeks before his arrest He said he knew
Birchall perfectly by sight He met him
on the street, but did not speak. He de-
clared that Birchall wore red stockings
and knee breeches with white bow on the
side and seaI1kin cap, and said that Ia 1888
he usually saw Somerset in knee breeches
The theory of the crown Is that Birchall
arrived in Buffalo Feb. 10, killed Benwell
in Blenheim swamp next day, and return
ed to Buffalo that night, going to the falls
next day, remaining there several days.
He was arrested on March 2, and two weeks
previous would be about the time of the
murder.
Mr.. Blackstock stated that the defense
would close this noon, and his request for
an adjournment from that time to Mon.
day morning was granted On rebuttal
the crown will produce a man named Mes
bitt, who, it win be proved, was in Wood
stock about the time when Melliman saws
he saw Birchall, and who wore the fancy
costume described. Crown ATTORNEYS saw
they win also produce the men who fired
the shots Raab heard.
Birchall Joked with the Reporters.
Birchall was taken to Jail in a closed
carriage. Before leaving the box he chattet
gayly with the reporters. He was busil,
engaged all the afternoon making sketches
He also makes notes of important point
of the evidence and goes over them a
night with the jailor. Mrs. Birchall i
very feeble and has not been in court sine
Monday. Comment on every hand here /
that the defense offered is exceedingly
lama