New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-09-23
BIRCHALL'S TRIAL BEGUN.
A JIRY SECURED IN TIIREE-QUARTERS OF
AN HOUR

THE PRISONER PLEADS NOT GUILTY-HIs AP'
rEARANcE IN coURT-sTRENGTH OF THE
EVIDENCE THAT he KILLED
BENwELL
Woodstock, Ont, Sept 32.-The day Of the
openipg of the Brchall trial broke bright ana
clear and the people were early astir ahou'''he
courthouse Brchall was brought to the court
room a little after 10 80 in a cab, accompanied oS
Deputy Sheriff Perry Guard Endwhistle ana Cmei
Young. of Niagara Falls. He faultessly dressed
In dark clothes and carried in his hand neat
DERBY hat. His pointed shoes were brightly
,olished and nc had shaved evidently with the
greatest care lie showed no emotion.
Birchall when arraiened pleaded :" not guilty
in a firm voice, and on being asked If he was
ready for trial Mr.. BlackstOck, Q. g.. arose ana
announced himself as the prisoners counsci an"
ready to proceed. The first business was inc
choosing of jury, which proceeded more rapidly
than had been expected. The last Juror was
chosen at IL so n. m, after about thrcc-quar'er>
Of an hour of proceedings. The following is llst
Of the Jurors: Albert Glare, Robert Murray, Atrcd
McCann, Donald Murray, Joseph Longficld, Angus
tus Buscpcll, George Christopher D. ID. smith,
Daniel Mclean, James McKay, \. S. Mckay and
John Mckay.
The Jurors having been sworn. Mr. Oscr. Q. C..
counsel for the Crown, made the opening address,
presenting the case which the Crown witnesses
would unfold. There nothing new IN his
statement of facts. but the chain of evidence OH
his side was closely forged. and strong case was
made ont. lie dwet upon the prisoners career OF
deceit in Woodstock in 1888, when he was known
As ord Somerset" The story of the crime
as detailed by the prosecution in the opening Is
as follows
BrcIall left Buffalo with Hcnwcll on the morn
ing of February IL. and after an absence OF ten
hours returned to Niagara Falls alone. lie was
seen at Eastwood on February II by several
persons although he denies being there lie
told the officers that he had received a letter
from Bcnwell, dated London. February ~, H.
closing receipt for his baggage. and asNin- mn
Ia take it out of bond. Enwcll WAS murdered
OH February l.. between the hours OF l. ana
o'clock, SO he could not have written such
letter. and Birclall has been unablc to produce
it, lie told the officers that Denwcll was dws>"
in a suit of blue on February :. bat fclpE s""ic
that he wore the clothes found on the hndN III 'h'
swamp The officers found in Brchail truhh
lalr Of nickel scissors with mex IN 'ie cry
and the marks in the dead man ciothiis inu',
Gated that the names were cut ont Win 'iic >'t' @
scissors The KEYS of the murdered man were
found on lhrchaii. and these keys were III i'ii-
wells possession when he eft Buffalo on icpiu
AIRY IL He wrote y letter TO thc ueti man IS
father on February 30. i'll which he SAID ne spoke
10 lenwcll on that day that the young man vas
we'll pleased with the farm, and that he Ia" ne-
cded {" enter into the scheme. al 'he saN i',o 'o
asking the father to cable 500 at once ict III
The face of this Brchall told the oH'cer> Ihat he
last saw Benwcl on February L..
One OF the strongest points made ny inc coun- @
sci for the Crown was IN readlnl the letter from
Birchall 10 Colonel Bcnwell, which letter, though
often referred 10. have never up to this time seh
the liaht of day. Tie following is the letter;
Please sddrcs> Me.>r>. Birchall AID Gcnwell' T. o.
Ny Dear SIR: Ne arrived safely here after very
@ sp pS seE sEepns ser F01ssF
York and had very pleasant @ %e al lnneec %S b,,nes
Snw Inc Veil lie suggested taking other advice 50
a harr>ter in London, ontario. concerning the bust
with M hsg od ali iat aa he he wane% na to
SATISFACTORY ! think We shall make very e""i
business t,ge,her. The books show veiy ,.'a S"pa
The money in joint names in the bailK' 70 the
credit Of reserve ind We hal take tne Sa e
shall require i, for prodnre The Sct wdy Grt to
;Sns t Ocy should Gd' be drawn on ,s SsEsf nh Of o
tal h%y have d srsnfn m ai|" DO
snane,s s" % for them Letters Of nj, kind houd ES
issued aud registered. We arc holding large sale
t" :" shar4 ~, N' in the " procecd- Of the sale which
quite willing that he should do. and - we have sgia .
o dceH ." pneP "n a%d 81 sha thnh a' wrs sGS YOU
hy thi, post. Kindly excuse bad writing on iii' my
R am a'ssr .rs1 in hurry Wrsn % '"syh sy tse pe
rr'eI re and as clear ane' of are any doubt a, word
he ready in few day. % 'ninh y1n i.trioT M S p,Ga psnd
quite that he did the best this N @ t"s Wsbv xiv;
particulars Of all business done so tAt YOU cdi ~,
ior Yourself how things go on This VII % be r,'t e.
The money ANY bank in New York wrild DO Tor
draft. We have opened "A bu,ine>> accom-, M our our
joint names at tht An;cri'sn ba,h mere. ,""i wiz,
kiEdest regards Dclicvc me, dear ST. sih,crF fI">
To Iieut Colonel Icnwell I>eu,cne. ChcltcniaIn
Mr. Oscr dwelt on the fact tina, 'lcrc was no
farm no sale no business in Woodstock; lie
most important feature of the letter was thc rel
crcnce Ia the ,i,e of the typewriter. tNhch'iH
Pirchall meant to send typewriter letter sShcd
in Benwells name. ~ ,
smoke of himself as "A retired farmer. lie toid
low he had acted for persons III England dcsirih?
10 place farm pupils with farmers III Canada ana
how Bircla had come out In sns conslghcn 10
HIM Brchall then went under the name OF OF
Somerset and was accompanied By his wife. lie
was placed by the witness with farmer haihei
Wilcox but remained on the farm only ono night.
lie returned TO town and boarded with witness
for a time and subsequently found Il boarding.
house elsewhere lie sad lie dld not come L"
Canada TO work on ii farm.
DoIis las X. Icllev was then called to the sClhd
Tie, II Nill he remembered. Is the other young
EnglIshman. who, With RE~cll. accompanied
INrchall and wife 10 Canada. with q view Of
entering into agricultural pursuits. pcllcy told
the story. which is well known about how hr
negotiated with Brchall and agreed with him 10
come 20 Canada under certain consideration,
and how the party arrived in America and pro-
concluded when the court rose at 6 o'clock.