Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-09-25
IN BIRCHAlL'S FAVOR.
POINTS BROUGHT OUT DURING CROSS
EXAMINATION

| Physicians Testify Regarding the Condition
of BeuwcIFs Body When Found In the
swnmp.-The Sexton Tells of an Attempt
to Steal tire Remains.
WOODSTOCK, ONT, September 24.-In
continuation of the Birchall trial this MORN
ing DIR. Taylor, the physician who was
called in to see Benwell's body when it was
found in the swamp. was the first witness.
He testified that the clothing was frozen
to the ground. In view Of the attempt
which the defense is expected to
not lie in the swamp during the
storm of February II, the day when Ben
well was killed. DIR. Taylor was minutely
examined as to the condition of the body.
He said he believed that when found it had
lain less than seven days in the swamp
possibly tour. The testimony of DR.. Well
ford as to the condition Of the body when
found was also a1duced.
There were two or three important points
in the cross-examination in favor of the
prisoner. Ore was that while the rigor
mortis set in few hours after death, being
complete in about four hours, it passed away
again six or eight hours later. An
other was that the appearance OF the
shirt did not indicate that the body
had been out in rainstorm all night.
Still another point was the doctors decided
opinion, formed at the time he saw the
body, not that it had fallen in the positio
in which it was found and then frozen stiff,
but that it had been thrown or placed in
that position.
John A. Orchard, resident of Niagara
Falls, and Henry Thompson, assessor there,
tho off hary hah M w
known any man named Birchall or Somerset
having property or doing farming at or
about Niagara Falls.
Pelley, Birchall's companion on the At
lantic voyage, was recalled and produced
his revolver, to which reference had been
made at previous part of the proceedings,
and stated that it was larger than BirchalPs.
He also recognized as BirchalPs several
letters, which were put in evidence, relat-
ing to the negotiations carried on by the
prisoner to induce himself (Pelley) )and Ben
well to come to Canada.
Mr.. Grigg, the Princeton sexton, was
called at the instance of the defense, and
was questioned as to an incident which
Grlgg had spoken to some parties about
namely, an attempt, as he suspected, to open
the grave and steal Benwell's body. at
10 o'clock on the Wednesday night
following the discovery of the body
he heard a rig drive up and turn
toward the cemetery gate and Gathering over
small wooden bridge, which he himself
had built across ditch at the side of the
road. 1t was most unusual thing for a
visit to the cemetery to be made at such a
time, and he raised window blind to look
out The persons in the rig put whip to the
horse and drove rapidly away. He was un-
able to identify them or to give any clew.
Fred j. Pierce. teller IN the bank at
Niagara Falls, n. Y, related how Birchall
came into the bank on February "a. He
said he was an agent of the British Govern
ment for buying horses in Canada, and as
he might have some business in the United
States, he thought he might as we'll have
some money there. He deposited S152 in
cluding eleven English sovereigns. This
point the crown makes fit in with the state
ment of Pelley that Benwell, the murdered
man, had handful OF sovereigns with him.