eis Send tin 'STRATFORD, ONTARIO, WEDNESDAY, OCTOBER 1, 1890," A t of +4 ' the ucts Precept t the Saireae of Conus i wel. i bi ; hte we cre waiti ie mith "theie verdict 5 ahs y . At { : Then the ate wild ,serasl bon ite the halt ¥ rs pac im earth axkott that tie firy be polledjgeich was doue, one afler anoth«r uf the nee dog bw ated re Wis Lonttip then procee ted to pass the = t the ! von * aniy sort I Big ly coin ide | in the ver- been di th defence not rains ht before tbe sourt with oll "the Mability a ee ress te b Tat het om od fate, sel owas that bers her Urey o have t-oked after and care 2 Neves proce pie Teatead of that you con- ote 'dratt gitas eas to come trom mm Eng! iand Tean with your eduvation and o opportas pe hen, Re einatd Hirchall, te beset to ine "Waetstoek, Ont, Sept> 22 of this town began a bath day t) again at th i€ prisover is oven by the zener. al impression thot if the jury is o. mage i ot farmers Birelali's doom is sts Perhaps 90 men charged wit * murler } was ever before in such an apparently eney | frame of mind a8 Bire po Be eure tO be. trgre w se spring to his step and ® smite -- his face that would honor @ bride hig! ty r ving and nod Sided | b ete nat ther re when be canght right of a family The constables with stefls hucried bith v up the rckety stairs and down the court room to the Sa a '» box, in which he was ¢n- bim, = the penatell ca tw ept as for anything but tre te p nf his hens te > ts cm) t roport flosr, gg been diberally covered a number of pretty women, frie nds y Sedge Finkle. It was jast } o'clock when Jadge Hugh MacMabon eame into view in his bi se 'ypeiatme nt, ch Mr, He Hamth, bic a name is John ik ag Bir- dre mail, he erry a het cality. in a clear kof ing 4 jury was begun. Twelve jarors were cailed in the box, and then the ageing! an hour waa consumed in Beste SES =o that farmers will find 4 dimageement. Here aré "tne oeties of tue tj , : . ' aif, sy, Allee d Cant, Donald M ph field, Augustus Pe-hel, ct L Satta, George Christopher, bb. niel M Jace A. McKay, James MeKay, J rhe Ku Ww hg gach one of the jafors waa awort aa Fequuired to A oe | ' ¥ inst t tte betore tt tine pet i for the Crow new % od y He gan by glancing « reaf you Hen ® late, ried hen he picked up tie caret { the pr er aud tilowed it step. by etep until he | waa arrested for thytnaunier of Benwell on March 2, seventeen daya after the com- | 1 mix ion of the ccime ° He drew s picture of Biechall's efforts in London to inspire te he tief that he was posscesed ct mag het jwetim im tf niry, (f bbe trage thons with Wallerish the broker, ong ot his meeting with the murdered man, he took up the departure of Birchall, hie wife. "Benweil, and lelly for this coantry, oul traced their fouteteps cléar to the | a sitfordddeare. in Hall.die,..whese they . rived on Feb. 16. Mr' Osler grew more cet as be leynn to talk ef the deper Mine of Bircha baud Bitiwviton tre follows} i vn of (ue farny which | » Marchal aba he ox ad ite epread a map | ing day fer au bi before the* jury and showed. the route -- by Birchall and hie victim. He | t the-exact " tance trom the Kast " roan so . Where thev alt hted, > Ae scebe ie murder i La to the al fi st atio n was a age lena "than nine and a [i t _ ret ata taken by em, the East wood Sale the Goversor' 's roa. high they left some distance from the | eWamp , and cut across 2 field ani the sogh a woo 4 Mr. Osler promised to this by praducing Witresses whe saw tracks io the soil, The next point brought out was the time that Birchall hadin which to cover the distance from the station to the swamp, coramit the murder, and then go back to the station again in time to catch the next east-bound train The train the men came an arrived at graces at 11:14 o'clock in morning, z..back to grey left the ite at reece 35 o'clock in the afternoon, Mr. ye at ap seg bor yarpey tothe scene of eth oe to the station sould be walked by min in ordi health in two hours and forty- swans minntes. Fee had been -he~ Sy x ¢ i Vineretere, Birchall eT, an hour and thie aix minutes to spare and still get back in time to catch the train. That Birchall and Benwe!! came apon the train will be roven by abrakemat, aod that he and 'Beawell passed along the road toward the swamp will be shown by witaeates vin along the route. Mr. Osler said that Bie leball was thoroughly familiar with the ey i-meighbor hood, for he had frequently. bunt x etter = was nee across thelace "* Bicchall ) Benwell, lock box 313, Niagara I a! , Ont i Tere Vs the letter: "My Deax Stn; We arrived saiely bere after wa very t al ney . | was, vough rather tet Gane ap by Seeph aod bad 4 ve yi won bas inspected ali my books and all my Lus'néas arrangemen' s) uel I introduced him to peopl w keow ue well, He ug Otser advice; 1, of course, was pestectly 3 ling. and he y aoanaliad a barrister ia Lend riing the tua i hess, with antinis tory " esalta. He has | deeded to juiti me, #5 he bas found all ; thet he' wished to Le satisfactory: " I think weshall make » very good business together, The bx sok 8 show, a very goo j = tit fo fast yout i '*tthink the best way ia to place the movey in our joist pamesin the bank to the credit of our reserve fead. We shel take the additional pieve of land that | mentioned to Re as we shall now voy ae | it for produce. , The 'best way to se ey outds by benber's drat, Dr tte } sheuld be crawn on the Bank of | si wireal, New York; they have a branch London, i chink the Leton and w estinini:ter also do business for them A Jetter "~t _ kind should be insured os registe 'We are hol ting a large sale early in March. Your ron was somew anxious to share in the profits of the sale, which I om quite willing he should do, So we have signed our deed of partnership, and J port. Kindly excuse bad wriling on my part, bat Lam rather in a hurry to catch the mail Sty lettera are genere lly written by typewriter, as they are so much more legible and clear, with no dou! tus to the words, We are having papers pened properly, and will be ready ma few dy 'I think you will be pleased that youe sou hasfound things satisfactory, and quite agree that he dit much the best thing in-coming. out to see the business first. shall send you weekly particulars of all the business done, so that you can ace fur yo ithe If how thinga go on, This il be catisfactory to you, think. Of course, in regard to money, any bank in New York would do for tbe drafts, We have w business actount in our joint names at the American blank "our son ® ut doubtlans eapiain his views in his letter.' 'ith a asie rds, believe me, dear a sincere 2K. Bracitans, Te Hey a ol "'Beawall, Cheltenham, Roglen Mr. ie showed the letter to the jury, "You seldom. see better writing than that," he ssid, "and Birchall's statement co at he usually had bits letter type written reves that fe was clearing the way for farther communications with | the 'elder Benwell in variate characters.' Mr. Osler then told of the finding of Benwell's body and the news of it reach. ing Birehal} a Peily in titeir hotel at uffalo b y of the newspapers. He spoke of Selly" r Y desiee to accompany Hir- l for the = of identifying it, zoo" of the spuricus despatch that Hirchall Baia he had pecans -- my ag cog waa atthe F i cag. Ronn York, het Mn ow rretr _ what Birchall desired, aud then of the latter going to Princeton and there the body of Benwetl reing -" This certain," said Mr, (ster, * that the man who cane here with young Birchall ou Feb. 17 was the yousg man g . bh pat where Ben wells dead ihedy | und wa near} the haat fram Was bhown to tie jury. wild eterin tha "The. Sweat band The tiext . dee cription w -- the iis Ie tn the ba Ry 2 witness before the magistrate. the distance 'er the Crown The narrative of the pri- t country with his two victims and their landirg in New + or over again. Ale the letters ween the witcess and the pencil which +i (RB ¢ ait. m pepe There used tT be aj 'ad conwesasion Ra partly of dite y beioe overgrown ; but at the point position in d : "tte wid the cost and the socks patied mf tha shirt where it rudel > toro wilh argue, ** tut the body wae pi ich it was are after death, and before rigor deaurkie 'Tbe WTAE "*ar router trom + bate aad e6iin. Usler xcaid that | should read privouer an ar. iM Le ite etiah, who was an wage ater broker q +p tarwns in the ee sles. 70 witneeses, but taat we nt of thon would be very He clesed his opening in 1} hours. illiam Me D anid waa gba witness. waa engaged in 'o tting piece on home! for young men who wanted to He cerresponded with Korte Kathbore & Uae an agency in He remain- ig © place ed = call April or Sine 1859. 'Darieg all this time he was kao Hog as Somerset, 238° examins- and.|.aod never aa Bischall, Oa cr tion by Mri Blackstock, the witness said that among the nates of the pupils he had ut on farms were James Young, "Vood- ull, ¥ guar Long, ror oe Graham and t MeDecali drinks a guod feat, and thi at he Was on youl terme with _ -- himbelf been N Biack- ail the 'date heat had ever ved ree Me eDo raid aud Pickthail, ing meant anything. tenancy w dg the shedon oy the Ben: we oti murder an the men he re w! 'o carn mone y by apes trom Sage and' young "men o ot aman named Duadly, aced on Pick thal fam es alter sworn th at he paid ee Rts a centa, ¢ ye fox 'bis work which usually amor mts | to $35. that erin ity slone -- have latin the journey. the hearing he met" "Detective pines and Murray, and chat be was introduced as a friend of Bir questir ym ias to ed a misun ma " g ote n the "dah ter of the Rev. Mr. VieDonaid re ' rumor af vat tha chan sad | his wife weie a runan ay pair sad been ace u ted of ---- the waa he i ieanen. ou ever lend Birchall ony. money?" Ye Q. . ¥ lon? tknow, Q.--Did you get 'all hack again. A.--All Did _ Birchall get vomit. = believe he This i: =e sample of thé testimony sabjects for the ins se of showing thas many "hiugs the Ags between Me extreme ly he ti'c, yen ent y Me hos ald that bave emed to wei igh wo ee Birchslt, 5 was Doug vo PR Pelly, Evelishman ¥ hoc ame a te v with Ben well and Birchal! ty eed there wal a nti as h awa'ked tew ard HP iste sve eran ioe his the of ine over the olnhat the bes in which rie v whole story of hie first meeting "with Bir- chall and ~ conten tothis country, and # questions to show the is ury that Pally, while -- his own story, for the sanie arrangeme nts were made of Birchall with each of them, priees) in the matter of the The lawye r confront ard confound the The story of his meeting with Birchal the sharp way cong he glanced at him. | has bet been mace known is how Birchall t faced ov t t 5 4 one wipn steL } 3 ely ead tat he wan ty be tie. on of : Me. aul Mre Broehs ret if pressed surterise at ose uss party Diehad said ta eu ' 5 ard 5 Ie -ir ' ainda et letter Bequabited wt H ; « latte nt porter tent bedi pme giant Be fe pertoer ship with Her a i ted his Mat--iment to Birchali, an dl ashuct him | what i Uiomeant His suspicions that all | was not right were « du tea by Pirchall ways jing that Bénwell theugh ' e was going into ;. | partnership; bat hat be had > | derstanding v \ private un- bon well whic h a a y journey to Boffalo, the departure ef Bir chall and Benweil fer Eastwood on the fatal Feb. 17, the return of Birchall alene about 9 S'clock that night, and then the j jouraey to Niagers, the discovery that Senwell's dead \ "ly had been found the story the spurious despatch bacssk b ony Petty ft} New York on a beearch for Benwell were all told over sin. «THe witness takead whether wae} Birk Hall Wed told Win "that - bad ar Which he claazd to hive ree aived feats Benwell asking tha: his bagrage be s-nt to a Fifth Avenue Hotel in Now York fe tobi ine," a { the witness ad made arrangemeuts fo forwarding in Lhad beard ont .ing-wbout Lhe murder beyond ecéing a beading in the papers thata -- had been committed When the cighrcase was found Birchall said that o Was going to = if the body was resly that of Benw t that I Theat Ro with tian nM and he seenred will ing. He went away directly, and when he vatnened he had the telegram saying that Benwell wasin New York and re- questing that his baggage be forward = We talked the matter over, and it wa 1 a to Prieceinn, aud see if the body was Benwell's, and that I should go to Nox York and. seo il Benwell was really there. Q--Did you ever see Benwell's baggage? A --No, sir. Q --Did you go to the graveyard and sce He Rie A:-- Yes. sir. Q--Was it V's body 2" A.--Not the. slightest death about Xe Q.--Did vou see his clothes A--Yer, sir. The clothes found on » Beuwell's. body. were exhibited, The witness positively identified the and tie, buthe was doubtful sheet the waterproof coat, the hat, aad trousers. Q --Did Birchall ever say anything to you about his assemptt nf the name of Som- ereet? ea, bo ssid that au old man io Ostord uaed alurye to cail him Somer- set, and thet he had prown familiar to the hate -- nad come to call himself by it. he trial will be resomed at 10 o'clock to nae, Woodstook, Sept 23.---T hetrial was re rumed to-day at an early hour. Birciell nee he eaten nid #elf-possessced as uewal, The first thiog in relation to the ease At the opening of -- the court was the presentation of the grand jury's fiad- mine . the care of Mra. Birchall, accused of bein' Reveoasary tu the gu. In this case the jury retarned no bill "The grandjary also submitted ite gener) pre- sentment, which, however, contained no reference to Birchall' case. After a short addvess from the judge, the jury was dis- charged from further attendance. oer ep tock only examined Pelly for enty minutes, to the surprise of most ves ery one. Mr. Ocler--Yoa sa'd thot nie was in thebahit. of wearic Ro "lasses V kind of glasees did be veart Et ithes a ---- eyeglasa or those that clip on the rom your ability: to judge Hir- chal? 'a writing, could you identify this handwriting ? (Letter to Col, Benwell pro duced.) Yes; that is Birchall' band writ- Look at these other letters and give me your opinion if they are in hia hank writing? . (Bundle of letters produced). I think they are a'lin Bircheli's hi oy ia ing & Osler to the court--The all letters to Mr. Mellerish, His Eatiat --Well, they can all go in together. Osier--IJs thia the agreement insdo between lnm "a you? (Document produced.) itness was then examined by Tiackshouk Hew old are you, Mir. Pelly? Twenty- our. Since leaving the sale ersity have youtravelled? Yeo; in Australia, New Zealand, and Europs. Did you meet Mr. Birch all Rerenas rer agency of a third ersun t gh Mr. Mellcrish. How came vent 0 el with Mr Mejleri-h ? Lam not eure whether be soewered my advertisement or I answered his. He put Mr. Virehall in commuvicaticn wilt me, In this way the four ef you came out to athis county ? t Yes. Lat Birchall told } you .hdut Bonwethon hoard sinp affected you 39 your TrelaWons to tie" dead msn ? ik 3 in was bie ted. You ssid in « former ainination you were vot afiecied. You said that Birchall aud some other person t ey did pot 'intend having live with them; oud thew 'This not elect me." s that righ or Yee. Did you take ad h youracl? to Mr Benwell t-Yea;1 did! notcare much icrhim. You avoided nim ws rouch na posible? Yea. De you re- cofectthe Caste nis fiver? sendin i FEVERS i letters tu Birchal! to have Beny re ti'a t passed? No sow: li hed « lot cf bag gaget Noteovery extensive. Mr Black. stock then went over on in vet tory of t suppose so.* Did you go alone to = Cos tome at any time to see about the baggage {Yea We Baldwin' | is larcund he Pails Ye wxea) * ( bo Taney, but would reimburse me, = You ' " ; ik « naw ob Satard ay I t ' Wien 3 eame back i ei tie one Oclore bet al wud é wo ik ally were ke wh tO Gu eit Yer Yes towben ya kK f, Yos citer Valdwin c king You were told the of the Goding the bul), en erteek-- tebe --Prepedeerit --aeete--trenher~ auivetilapce ? Yuu Wer 2 threctened with arrest? Yes, 8, bat pave an explan- ation. You lesen ali the circumstances before you bt up stairs to see Mr. ane | Mra. Bire shalt, and mply said when you | entered thei room, '* This jo a dreacful busivesa?" Yes Witness was re-ex amiced by Mr Osler as to th practice in England of sending, signing, and paying for telgraphic despatches. C you re cognize this say Mr. Peily ? wked ldo; | heard it et As the operator; it was rent on the February from i ngmae Fails to the hate ford huuse Bull. Mr. Oaler--1 will | read tho mesrace, your Lord ints, in order di black, He sat diy brother wae the youngest son ¢ ' Col, Benwel!, and he re nith Deteotive i ad How far is it fr t ti . cnling oa Cee ot ' e centre Of the bush? A--Ik wouid be ees three elehte ofa i mile Q --VYeu don't know of any read } than toat? A--No. © --Ts there onsiderable wood along the lies ond the ewamp set much separated from they were ret goed: & Now; wre to | roe iol this line to the lake and to the | spot where the body found in fartherance tragedy? <A,--(After' some ----- Yes; 1 cappose it was, Q --Is ~~ | most impossible, or at any rate we | cult, to get into the lake inlcpettant of the tisil you have spoken o be | ness, upon bel ings "ne by Mr Bi sckatock, { -- it was. ould . = be impos: 4 ble for s man "tare beary weight Ww eee answered it would bo impossible for a person to carry a body his own weig ht through thisswamp. Q,--And it wou! "a have been sy throngs this place ? ha t i that it may be thoronghiy understood :-- | very ditficuit for you to find the trail Prop*ictor Stepford House adage j atone? a ~Yes ---Has not the place tu thare 0 Geleeras or test 6? Plenee ae ae the body was found beeu ¥ much ewer. Kepiy- ves paid. Hf no sed oy poral hate, changed since last Febrassy. comaed, Diagara fthe inreads made by~ the : Charks besweit wa ifen aworn, ily | people whe we st eer " fa cae. + peep joa Yeniiomenly youny > moout 21, ) 77 the Any rhurin't thin tramp ed -- dark complexioned, anal) was dresses | considerubly ? A.--I ink 99, | descr tibed Pine Pend « as pent settled eae and 4 place known tu Woodeteck pa ple, whe ceived a utiversity educazion. * In build | | frequently go out there on picnic partion, he was some --"< shorter thas myself and | his hair was He was teats | in his habits, and was not | given to dissipation. Now have you ever case before? Yeu; it was given to my brother as a birthday present. reads, There is an inscription on it, which , "Conny, September 15th, 1869.' Have you seen the baggage said to belong to your brother? Yes; and England with him. The s produced I found pee the trunke, pe es goods en- closed ssoomnied as the pro of m Srot pithy Ae sed the put pose of sending to deceased in New Zealand, but it was not sent, and I have sien seen my father wear it. The cloth- ilar a is similar to that worn decomed aod I positively identify the ring oduced as one that my brother wore. '7 beother in t waa about ten atone, 140 a and he was of a cheerful tem- peramen' Croes examined by Mr. Blackstock :-- My brother was about 19 or 20 when he: left college, and he then went to a schoo in Switzerland. © He remained at home about s year, having an idea he would like 1} to enter the ona WA but he abandoned this project, during-the.year he did work, Hew was foals of sporta, and played Eeotboli pad rode a greatdeal, He went to New' Zealand, and remained thero a year wd A half being engaged in farming, dar- «that time. I have seen the shirt stoite ine from the clothing of deceased, never saw them until terme toth spooeuty. And sre you sureastotheringt Yes, am potitive thet the ring belonged te my bed been conclude d bid m. M. Davis, civil "fax ee noe 'ie m Eastwood to ~It ie 461 miles. Q-- Ie there any ow te along the second con- cession? A.--Yer re are between two and three jots of swamp lt is a dense awainp, principally antens, with some Fake? A.---It is in the interior of the mp and can only be reached with diffi- culty unless you strike o trial running info it. Q. --Did you find the trail! A.-- Yes, I got a man named Ellis to age out the trial to me. Here the witness stated that rest parties had poin or out points in and around the war which he had lettered on the ronp bese different points all have « hearieg on the nd were taken in on the-survey. -- Hay- ward's mills, the house where Miss Fallon lives, and Ferguson's house, all at no great istance Poin the swamp, were pops He had seceived the information ing, these different points fro Tohe! Peliow, the Perrys and Mr. Groaty, all of whem ee "tae Starting at the station platform at East- wood and going by the linc indicate! by this wapto the swamp, and returning to cust ' travel? A --It would be a distance of ; 944 milea. Q.---You made a teat of the time it would take to cover the distance on j July 15 fast, io rye! with Cap. Rosa, 1 Mm did you not? = A. Q --Now, tell us; please, from and to what point you twalked, about bow faet, the time you started, the tlie it tor ok to resch the swainp and overy thing in connection -- ; | your journey, A.--We started from t station platform at Eastwood and follow. It was @ very warm day, and hs walked | at.our ordinary working pace, 5 an hour and 25 minutes: to re bexi point 3."* We timed cur steppaged, which ; were ten minutes-in the swamp and five j and Rigi tage ey res ively on the - retu trip: When wetéft the Eastwood | arrived at the poipt" G" at 4:05. Laav- oR there at 4:17, a after having stopped Teventeen midutes on the road, we reached | in bond, saying that Mr. Birchall abs | sense lates Somes at 5:55, waing our ab- 4 'f '4 t telegram a sdustaanteate to Ballet? Yes. Mn sent Die! telegram to ao to} rd r+ and' forwa nu 37 miles hour, which is o fair pace, While this witness was being examined ph 'genta di he not? Yes. Bir-{ Blackstock rose for the crose-examination rs, Birch chall was the firat to teil Pc af thé Ben- | M anted you to?! go, and went to the station, wat found that ' well tragedy? Yea. your train had gone? 3 | on- admitted that he 3} pot his fa td. make the plan | > tia: one uc pad the Crown counsel, in gomp ny her recognize diatinetly.. ik ws mi nght for be a: 2:40 p.m., end we | msn, clean Capt. Johny Ross p who made the measure: ! ge rte ed ng ben ey measured, and point- ed_out on plan the route leadii ro mony of the laat witness, with whom he compared watches as the measurements were In or sa the. crose-exem- ination of Mr. B k, witness said that - iggy | up the tracks he took the lead from Mr. Davis. | They .found the swamp ; tapamable and coud it A of this. the marsh was right away from human habitation. Mr Blackstock--Can you f 'between: eny= of the: distance: the commencement of this swamp and the point where the tody was found? Wit- nexs--It in a very cuatiarside dis bat I cannot with god degree of exactitude teli you how far. trick McGuire, whe i yesides at Bieshaber close to this ---- | knew this swamp pretty well. 'e w living there in February co On the ith ef that month he was out in this « berwern" 10 and--}1-o'clock.. He had no shine about the fates me ETFs on the same day ss Dike"s ball. He the spot whete the body was found sad caw o big crowd after it was discovered. Witness continued: I was between twelve ned fourteen feet of.the spot on the 17 end Y saw nothorg of it at that time. cannot 4 positively whether I woald have teen able to see the body had it there % went thers looking for temarack-- i was peeling the bark cil « tama. ek tree immediately behind « Riley the ody was fous ~wak pit pr 1 feet Cistent. Q--You had a Vie roads or paths leading up te that? -- f ome 2) ' fa "Oc tober, inte the ewemy on this ceeasion 3 A. went justin my working clothes, Q.-- \Vas..i: frozen or waa it soft at the time? A.--It wae soit. Q.--Had there ranch traflic there up to this time? A.-- No. Mr. Blackstock crocs examined the witness at some length as to the time and the way he went x aa to Pike svam thie particular day, as to the eflect of the burning and the clearicg and the state of the grounds. Heasked: Q.----What had yen on yeur feet that day? A.--I hada air of coarse boots. I had no overshoes cr anything else. Q. --~After gaat 8 the en you went down? A.-- I asked & Wililesa shoes a rateth or six weeks ego. Q.--Were you caked about this matter beforc that nting the Crown ? A,-- gave me my subpena. Q--How did he come to hear about your knowisg any tiem about thie? --I cannot sa Where did He come out of the swamp ry this date? A.--About the eame pl wentin. Q--So that there War one in and one track out? ~~ And these would oe cals ober A,--Yes. Mr. Blackstock hete he wentangle ways Or straight, and as the dintauce hewtest behind the » where the body 'waa subsequently foun Q.--You could cotswear whet the bedy was there, or whether it pot? A. --No. Joseph Etveridge, who lives at lot 15, in the recond concession, wa? called to te ascribe the finding of the bedy. He w the Horsey farm on the-2Ist of February lant. Ile went there pre ids ood. He re- membeyid the day of the wiek--it was Saturday. He found the He Yan of the de- Bes i back. The right foot was clevated on the topofastump. The other was reeti upon the ground, The left arm was slightly, ful do not remember toe poal- tion of thi right. There were trees there _ 'rack and cedar M oe and check -- shown. the garments that o body and he proncanced them Ndi like the ones that c the young man when be found him dead in the swamp The witness stated in crove-exsmination~ that this was the firet time he had ever