Evening journal., 1890-11-06
HER PLEA FOR HIS LIFE.
Mrs. Birchall Asks Mercy for
Her Husband.
LITTLE HOPE OF INTERFERENCE.

The Minister OF Justice Was visibiy Az
fected When the Unfortunate Woman
Gave Way to Tears-The Argument of
BirchaII's CounseI--An Affecting Scene.
OTTAWA, Ont, Nov. 6-Mrs Birchall
waited on Sir John Thompson, minister of
justice, yesterday, and pleaded for execu-
tive clemency on behalf of her husband,
now under sentence Of death In Woodstock
Jail She was accompanied by Mr. Nc
Murchy solicitor, and her sister, Mrs
West-Jones. She was visibly affected as
she made her plea for mercy. Mr.. Nc
Murchy addressed the minister with great
force, and dwelt upon every salient point
for the defense. He referred to the fact
that no food mas found in the stomach Of
Benwellsalthough he was well able TO pay
for it, and had five distinct opportunities
Of partaking. of it from the time he left
Niagara Falls, at 6 a. m, and the hour Of
4 o'clock on The 18th of February, when the
crown. claimed that Birchall murdered
him. Again, Benwells brother utterly re
fused to admit that the boots found on his
dead hvother's feet ever belonged to him.
They were not muddy, although IL was as
serted that he walked with Birchall over
the same ground The soles looked as
though covered with a dry, crisp sub
stance, like sand and the boots were ut
terly dilapidated, though Benwell was the
possessor of a magnificent outfit
The Theory Of the Defense.
The theory Of the defense was that
hall d 4. l.|.t
committed subsequent to his being with
BenwelI, and TO sustain this Mr.. McMur-
chy called the minister's attention to the
fact that neither revolver, money nor
watch was traced TO Birchall, but had dis
appeared in such manner that the crown
was unable to account for it, The only
thing found was lead pencil with Cor
NY engraved on it, but il this were suifi-
cient evidence to hang a man upon, he
submitted that few men would be safe un.
der such circumstances.
Sentenced Before lie Was Tried.
After dwelling on other points, Mr. Ne
Murchy passed on to refer to the action Of
the press OF Ontario. Some journals, he
said, went 80 far as 20 say that four other
cases Of murder might be traced to Birch
all, whereas the crown never did nor could
it advance any evidence. Public opinion
sentenced Birchall before he was tried He
submitted that no juryman who read the
newspapers could adiudicate on the case
without prejudice. The press of the prov
inceof Quebec, not being near the locality,
acted more fairly, and today the highest
authorities in Montreal believed Birchall
innocent, and signed petition for his re-
prieve. The resources OF the crown were
unlimited, he said, and il 10000 did not
suffice more could be expended
A Point In Birchall's Favor.
He dwelt upon the fact that all the evil
dence adduced was circumstantial, and
that there was no positive proof that
Birchali was seen going toward the swamp
with Benwell except one witness, who was
not positive or reliable in his evidence.
Further he submitted that Birchall's sub.
sequent action of remaining in the coun-
try for more than week after the corpse
was found went TO prove his innocence
He asked that most careful and solemn
consideration should be given the matter
She Believes In His Innocence.
Mrs. Birchall then stepped forward and
presented the petition signed by 6,0OO per
sons. She fully believes in her husbands
innocence aud that time would show how
true this was Her life. she said, would
be blighted and two honorable families
ruined.
At this point in her appeal the unfort.
unate lady burst into tears, and covering
her face with her hands, sank back into a
chair. Sir John Thompson was visibly
affected. He said he felt deep sympathy
for Mrs Birohall, and that he would give
careful attention TO the statement OF Mr..
McMurchy and the contents of the petit
tion. Mrs. Birchah then took her leave,
and accompanied by her friends returned
TO the hotel. Very little hope is enter
tained in official circles that the cemency
OF the crown will be extended to Birchall.
Birchan Cannot Testify.
TOtnN-rn Nov R-Tnd0e Dalton has ~