The Express. — London, England, 1864-11-14 00:00:00

TOIIN BROGDEN'S EXCELLENTE BIJOU ey TERI ECo WRANTE MODELES SPECIAUX Asa VABIIQUE. .1. G. biotin: been honoured with a limbelass Medal at the Paris l'ativermi Exhibition, aixompsuled by the nti.ive nytterinii te, timoni.d. re:gun:chilly Invites the public to en lovneetlon • f hi• Co cll.t IN , and extensive assortment of JEtt ELLERY, all trntk en the r - emises,—Joll N BittkiDEN, Goldsmith. Mane- Isetory. No. Id. lleartetta-street, Covent-garb-a, Ests ',tithed A.U.179i. Assays made of Chains and Jewellery for is. eseh. N.H. this establishment Is closed at ain the evening, and ~ ..tilidnys at 1 o'clock. I‘l R ;Torld I fa lj nt E cil S itio t i l s e e.H. 9 4 l o G uly i t l tißd A T m O R 'S) 73. HEIN M.-MBES:T. LIANOVER.siWAHE. wLere comp•titmn Is fairly distanced by " ALFRED WEBB MILES. ESTABLISHED 1811. FIELD'S celebrated UNITED SERVICE SOAP TABLETS, Id. and ed. each, sold by all chandlers and VTocers throughout the kingdom ; bat the nubile should ask ter Field's, and see that tb , name of J. C. an.l J. FIELD In on ea. t a i whet, hoz. ant tablet. Wholesale and for ezportstlen at the IN orks. I'ITER MARSH, LAIIIIKTU, LONDON, S., where also la Ay be ohtsins.l than rose Medal Parattine Candles. NEGItETTI and EAMBRA'S One Griuea au.l Two Guinea FIFILD GLAWIII2I and TELL-10 1 PM are war ranted at aurtvldied fur power and brilliancy. 21s. and 425. In rase ognpleto.-1, Hatton-carder, 62, Conuit. LC.. 122. lialtenbarect. W.. 143, Flgnobstreet and Crystal Palstee. RENIENIBER! we wait Supper for you after ~ s t thudeu Opera, at SIAM. FAL' not. eta exprtofs. TO CORILLSPONI)BNTR. - - r:isernrnts Intended for The Express" London Evening I r. mint 1a st the °Mee, 10, Bonverle-street, by Two ou the day of publiestion. HAI:IILBIEET. lea ErMtrtn. TIII: .-- ;1.377.3i; TIM WIND. —THE Sll. , F.: It. NI r.srs (Lowe. lame°, Chippett.t•le.Compt and _ Nlot.l3nuts ttr.ttrace and Keeley.—UN 11l E z•LY. Mr. b.stoue.—AutiSit, MARY ANNE. Mr. Clan. PRINCESS'S. 111 Is Esßtrtao. BORN To GOOD LTCX. Mr. 1). Murray. An•l THE , CR)11711 of LONDON. Messrs. I'lning, J. W. ray, 1,. t latter. D. Nlarray. J. Nelson. IL Forrester, and H. Mell•Al Sirs B. Marst)u, Musts Bartlett sod Gwynn.. tycErm. Pl 4 EVYNMI, NT R. , EI - CiiICLiVEED.—An.I THE KING'S 1.; r:;:ayLy Messrs. Pechter, Ryder, ITl.l.l,:ostib, Chtrle+, 1:,IN mond, Clift..nl, Collett; MIA., C. Leelerot. L L&reuu, and B. Lavenu. ItRITANN lA. IntS ETISITSO. TILE DYING I'IIILD. Mn. t. 41 1,011 R 1, 1 M , . Alhert Steele and Mall, WEAL—Ars. 11. with the It.tliwu Lyric, "Rom, ,r 1,,.:.. C.VUTAIN .. 1 01.1N LUCK —Ctui,wwu,:e at 111.af WATER A? LONDON7RRIDGE. TEIS nAr Morning. Ih. 2b. 17m. Slortibig, 2b. 3b. Om. LoNDON, MONDAY, NOVEMBER 14, T I NI E SEC RET ART returned the only answer that was expected—if not the only answer that was possible—to the Memorial pre sented on behalf of FRANZ MULLER, and the confession which the unhappy man made this morning at the very last moment, puts the seal on the right hum baronet's decision. Whatever the German Protection Society, or the legal advisers of MULLER, or the volunteer witnesses who have appeared since the trial could remember, allege, or suggest, had been well considered ; the judges ' 1 'who presided at the trial were consulted, and as a result of the whole Sir GEORGE GLEY felt com pelled to inform 31t - LtEn's solicitor "that after " careful consideration and comparison with the " evidence given at the trial of the statements made " on behalf of FRANZ Mrixan, and after full corn " munication with the learned judges before whom " the proceedings took place, there is no ground " which could justify him in advising her MAJESTY "to interfere with the due course of law." Mt LLER himself has now vindicated this course. It was no part of Sir GEORGE GREY'S duty to try LLER over again ; it was his duty not to do so. The jury had not expressed that vague doubt of the guilt of the prisoner which is sometimes im plied in a recommendation to mercy, nor had the judges expressed any doubt of the propriety of the conviction. Under these circumstances the only ground for interference would have been that some evidence had been discovered which could not be brought forward at the trial. Sir GEORGE GRIT examined the statements in which the friends 31t - Li.Ea allege that such evidence is to be bound, and decided that it was not such as would warrant him in interfering with the due course of law. He did this on his own responsibility ; for it is not true, as has been asserted in answer to our remarks, that " his responsibility does not " commence until he interferes with the due " course of law." He is bound—and we are sure that Sir GEORGE GREY, than whom a more conscien tious or merciful administrator does not exiat,would be the last to repudiate an obligation attaching to his office—to examine the sufficiency of any reasons for interfering with the course of law that may be brought under his notice. He bas done so in this case, and with the result that is now stated. There is an active, rational, and useful concur rence of public opinion in the processes of criminal justice which it is most desirable to recognise and guard from perversion. But it is evident that this participation of the community in the decisions of the courts would become an embarrass ment, instead of a support, if it were found that those decisions were liable to vehement attacks, and the judges who pronounce them were exposed to censure as often as persona not present at the trial, and acquainted with the proceedings only by report, were unable to trace all the processes and to seize all the points of connexion of the evidence by which the Court was led to its conclusion. If the habit of observing the practice of our tribunals is worth anything, it will generate a confidence which should supply the place of direct personal con viction where that is impossible. We do not say that the case of 3lrm.ze is one of these; the public generally, we are sure, does not think so. But if it were, the language which has been employed with reference to the recent trial by some whose learning and professional associations ought to have taught them better is such as no self-governing people can permit to be applied to its institutions. Our law courts are a part of ourselves, our better and higher selves ; the institutions iu which, all prejudice and passion, and whatever might prompt to rashness being excluded, the highest meson of the community, consecrated to that service, examines, compares, and decides in serenity and freedom. Public discussion is happily free in this country, and there is no sub ject which is exempt from inquiry. Many persons object to our practice of trying prisoners, and others to our habit of dealing with persons convicted of capital crimes. The field of argument is open to them ; but there is one course which is not open, although it has on this occasion been clandestinely entered upon : they have no right to embarrass and obstruct the administra tion of justice in the supposed interest of any theory. This, however, is what some well-known advocates of the " inquisitorial " system in the courts and some opponents of capital punishment have l►tely done. Such &lovas td---we are glad that there is no English word for it—must react inju riously upon their cause. The harsh censures which have been passed on English justice in the present case will recoil on the heads of their authors. No prisoner ever entered the dock with surer guarantees of a fair and impartial trial than did FRANZ MULLER on the 27th of October. Be was well befriended : he was defended by most able counsel; the jury was selected with care ; the judges were such as we might be proud to put forward as the representa tives of the judicial bench ; and the verdict was THE EXPRESS, MONDAY EVENING, NOVEMBER 14, 1864. that of a unanimous court. If the result of such a trial were not to be accepted as final, there would be but little prospect of satisfactory verdicts in future. But it was so accepted by the great majority of the community. The public, who would shudder at the thought that an in nocent man was in danger, rested calmly in well warranted confidence in the established adminis tration of justice, and the criminal's confession is rejoiced at quite as much for his own sake as for ours. EXECUTION MULLER. Immediately after the execution the sheriffs de spatched a communication to Sir G. Grey inform ing him th►t the culprit had confessed. A similar communication was also made to Sir R. Mayne at Scotland-yard. A great many persons had assembled during yes terday in order to witness the preparations for the execution, and many of them had taken their places near the barriers close to the scaffold, evidently intending to remain there the whole cf the night. The heavy rain, however, that came on had the effect of dispersing them, and so late as half-past 7 o'clock in the morning there was not by any means a large crowd assembled. Towards 8 o'clock, however, the crowd very greatly increased, and at the moment of the execution an immense number of persons had congregated. The body, after hanging till 9 o'clock, was cut down, and was buried iu the afternoon within the prison. Some hundreds of persons took up their position .ear where the gallows is erected as early as 12 o'clock last night and remained there amidst the storms of rain which followed ; but it was not till 7 this morning that the actual mob arrived. At that time the stream pouring in from all directions was immense, and by • quarter to $ there was not vacant place within the b err i es—tbe outsiders . . . _ numbering some thousands, and each minute bringing fresh arrivals. The occupants of "cheap seats" and "good accommodation," were particularly numerous. The windows of the several houses in front of the drop were well filled, whilst numbers were sitting on the roofs. The precautions adopted by the sheriffs spinet accident, and the police ar rangements, proved effectual ; and with the exception of a little disorder among those near the scaffold, amidst which hats were flying in all directions—no particular dia. turbines was noted. Preachers of various religious sects were scattered about, and worked with commendable zeal in the distribution of tracts. In one part a three-jointed fishing rod was employed, to which was attached a scroll with the inscription, "Be sure your sins will find you out," and in another instance a party of men was sta. tinned, one of whom held. up a walking-stick with a text attached, whilst the others discoursed on scriptural subjects and took part in reading and singing hymns. Another man, more conspicuous than the rest, was working his way through the crowd, with a bill placed before him as en apron, calling attention to the publication of a pamphlet, issued by the City Gospel Hall, and celled, " Should Mur derers be put to Death Y There was greater eagerness to obtain an " Order for the Theatre," which was found to be an invitation to bear a sermon preached at the Victoria on Sunday next. At ten minutes to 8 the bell of St. Sepulchre's began to toll.and from that moment till the clock struck A intense excitement pre. wailed. The procession was then seen moving to the drop, and a general buzz took plane, and thousands of upturned faces were seen as far as the eye could stretch. In another moment the lifeless body of Franz Muller was seen swinging in the ►ir. There were a great many foreigners present, and to them selections from the New Testament, printed in the German and other Continental languages, were presented. A young woman named Hester Collins, a laundress, living in Hasomon•street, Clerkenwell.•wu knocked down amongst the crowd at the corner of Giltepur-street and Newgate street, and trampled upon in a shocking manner. The surgeon who attended her is of opinion that should she survive, she will be a cripple for life. In the same locality, a youth named Benson, an appren tice to a bookbinder in Cross-street, Hatton-garden, was mach injured from being thrown under the feet of the crowd ; he was with difficulty extricated and conveyed t o the hospital. A WOW= with an infant in her arms, who most impru. deafly attended the execution, became entangled in the crowd. Her arms ware crushed in her efforts to protect her child, and both were in an insensible state whew meowed. God ! Thank God I" sad sank down in a chair, coin pletely ezhatteled by his own emotion. After reoovering_ he repeated in Beglish, in the memo. of the Sheri& sad Uadr•Sheriffe, and the representatives of the newspaper press, of whom there were four, what bad just passed between him and the convict, precisely se it ham been related above. The convict has left behind him a written and sealed document, which has been placed in the hands of the sheriffs, but who forbear for the present to make it public, after his mutilation on the scaffold, until they shall have reported the fact to the Court of Aldermen at their meeting to-morrow. LAW INTELLIGENCE. (THIS DAY.) EQUITY COURT. (Before Vire-Chew:eller Sir R. T. Hindersley.) BARING V. HARRIS.-IMPORTANT TO /SHIPOWNERS. The ice-Chancellor gave judgment in this matter which was argued last week, and which is of some interest to ship owners and merchants. He said it was • motion for an in junction to restrain the defendants from dealing with • certain ship. The plaintiffs are members of the firm of Baring Brothers, and the circumstances were these :—ln March of this year the defendant, Peter Mitchell, who carried on business as a merchant at New Brunswick, but who was at that time in this country, and who was de sirous of having a credit in this country to the extent of 5.0t.f0/. in favour of his agents, George White and Company, of Liverpool, applied to the plaintiffs, repro. *entitle that he was in the habit of consigning to his agents, Messrs. George White and Co., of Liverpool, ships and deals for sale, and offering to give a lien on those shape and deals as a security for the 5,0001. Plaintiffs agreed to accept bills to that amount, and two letters were written, one by Peter Mitchell, and the other by George White and Co., in which they undertook to pay the plaintiffs out of the shine and deals consigned. In pursuance of the arrange ment George White and Co. drew two bills of 1,500/., and two of LOWY. each, making 1,000/. altogether, on Baring Brothers, who accepted them. Thus natters went on until last October, when George White and Co. stopped payment and there being • ship celled the Smyrna, sent over by Peter Mitchell for sale, the plaintiffs took measures to have the 5,101/, paid to them out of the proceeds of the ship, or at least as far as those proceeds would go. The ship was registered in some port in New Brunswick. and Mitchell procured from the proper authori ties • certificate of sale, which be tent over to Mr. Harris, one of the firm of George White and Company. When the certificate arrived Mr. Harris applied to the Maritime Credit Company to lend him money on mortgage of the vessel, and Mr. Yates, the manager, would have made the advance re quired, but on looking at the certificate be saw that it was a certificate for ale only, and not for mortgage, and in con sequence he refused. A Aley or two afterwards Mr. Lock wood, who is connected with or in the employment of the eminent firm of Cunard and Co., applied to Mr. Yates to lend him money on the same ship, representing that he had purchased the ship of Mr. Harris. Mr. Yates ad vanced 2,250/. on mortgage of the ship. The ship was then on her passeage, and when she arrived she was regis tered in the name of Lockwood as the owner, and then as being mortgaged to Yates. The defendant Yates said, "When I entered into this transactiou I knew nothing of the plaintiff's arrangement with White and Co., and I had no reason to suspect that it was not • bona fide sale from Harris to Lockwood." On the other hand, the plaintiff said. "There were circumstances at least raising a strong suspicion as to whether you did not know that this was not a boos fide sale ; in the first place, it was only a few days after you bad refused to lend money to Harris himself on the ship; you ought to have known that Lockwood was sot in the habit of purchasing ships, which ought to have put you upon inquiry ; and, as an in dication that you had some suspicion, you required that the bill given by the borrower should be endorsed by the ven dor, which was not usual." The defendant Yates said, " I have got a legal title by virtue of the registry, acd even sup posing you have an equitable title, my equitable title is as good as yours." The plaintiff, however, raised the question whether the registry of Lockwood, and consequently that of Yates, as mortgagee, was legally valid, and thecae' of "Orr and Dickinson " was cited, in which it was held that on equitable grounds the court might go behind the registry. In that case there was • certificate for sale at the mini mum price of 1,3001., and • sale was effected for 000/. The registrar refused to register the sale, and the agent without the consent of the owner and in collusion with the purchaser altered the price named to 1,300?., though 'MO/. only was paid, and then the registrar entered it. In that state of circumstances the Via-Chancellor held that the registry was invalid at law. In this case it was admitted that Lockwood was not the real purchaser for 3,5001. ; but Lockwood said the arrangement was this, that • sale was made for the purpose of putting him io the posi tion of owner, that he was thee to borrow money on mort gage, and when he had done that he was to re-truster the vessel to Harris, and it was contended on the part of the plaintiffs that in that state of things the case came within the principle of "Orr and Dickinson." Whether it did or not was an i.nportaat question, as on it depended whether the plaintiffs or Yates, as representing the Mari time Credit Company. should have the priority. But besides them there was smother person concerned—namely, Mr. Mitchell, who might say—" I insist not only that plaintiffs shall have a priority, but that Yates shal l not have any mortgage at aIL" 'lieu were impartial questions which must be determined at the hearing. In the meantime he thought plaintiffs were entitled to an injunction oe their undertaking to pay any damages which the court might im pale, and amending their bill so as to make the Maritime Credit Company parties, and in order that the ship might not be idle there must be liberty to any party tply to thecourt for the sale of the ship, so that the p roceeds may be paid into court and fructify. ebt fours. WINDSOR CASTLE, N0v.12. The Queen walked and drove in the grounds this mormog. The Princess of Wales and Princess Helena took a car riage drive. Princess Louise went out driving. _ . The Prince of Wales went out shooting, attended by Major Teesdale, Lord Methuen, and Colonel the Hon. A. Hardiuge. Lord and Lady Bloomfield arrived at the Castle yester day, and had the honour of dining with her Majesty and royal family. Nov. 13. The Right Hon. Edward Cardwell and Mr. Arthur Helps arrived at the castle yesterday. The royal dinner party in the evening included the Prince and Princess of Wales, Princess Helena, the Countess of Caledon, Lady in Waiting to her Majesty ; the Countess of Macclesfield, Lady in Waiting to the Princess of Wales ; Lady Caroline Barrington, the Hon. Caroline Cavendish, the Hon. Flora Macdonald, the Hon. Lady Biddulph, the Right Hoo. Edward Cardwell, Mr. Helps, Lord Methuen, Lieutenant-Colonel Kingsoote, Lord Charles Fitzroy, Colo nel the Hon. A. Harding°, Major Teesdale, Dr. Joiner, Dr. Holzman°, Mr. 'Uhl, and the Master of the Household. The queen, the Prince and Princes. of Wales, Princess Helsoa, Prince Leopold, and Prince.. Beatrice, the Ladies and Gentlemen in Waiting, attended divine service this morning in the Private Chapel. The Rev. J. st. John Blunt preached the sermon. Her Majesty has received the gratifying intelligence of the complete convalescence of the Princess Louis of Hesse. Dr. Priestly, who has been in attendance on her royal highness at Darmstadt, had the honour of an interview with the Queen on Friday, to report the satisfactory condition of her royal highness and the infant princess. A committee of her Majesty's Most Honourable Privy Council met on Saturday—the morrow of St. Martin—in the Court of Exchequer, Weetanineter, and proceeded in the usual manner to arrange the list of sheriffs for the counties of England and Wales (with the exception of the counties of Cornwall, Lancaster, and Middla.ex) for the ensuing year. There were present the Chancellor of the Exchequer, the ' Lord Chancellor, the Lord President of the Council, the Secretary of State for the Home Department, the Lord Chief Justice of the Common Pleas, Mr. Baron Martin, Mr. Justice Bylea, Mr. Justice Mellor, Mr. Justice Blackburn, and Mr. Baron ChaneslL Mr. Arthur Helps, the clerk of the council, and Mr. E. S. Harrison, the deputy clerk, attended. The Right Hon. Sir George Grey, Bart.. M.P., arrived at his residence M E4ton•syuare, from FaSoden, on Saturday morning. Despatches were received on Saturday at the Colonial• office from the Governors of the Bahamas and of the settle ments on the West Coast of Africa. Despatches were sent to the Uoveroors of the North American provinces. vim , OF HER MAJESTY AND THE PRINCE AND PRINCESS OF WALES TO THE EY•iUEEN MARIE AMELIE AT CLAREMONT. - (THIS DAY.) Tl,i , morning, shortly after 10 o'clock, her Majeety the Queen, accompanied by their Royal Highnesses I the Prince and Princess of Wales. and Princess Helena, attended by Major Teesdale, Col. Harding°, and the ladies in waiting, left Windsor Castle, by special train, on the London and S3oth Western Railway, and proceeded rapidly, vik Hatchet, Wraysbury, and Staines, to Twickenham junction, when an engine was attached to the ea,l of the special. At Twickenham, which is rather • busy station, • large number of passengers were waiting for the Load's train, and as the state "salooo carriage stopped opposite the platform they had an unexpected view of the principal members of the royal family. After a alight detention the train left Twickenham and travelled via the new Kingston Railway to Teddington station, where it arrived at 11 o'clock. The royal party then drove to Claremont, the residence of the ex-royal family of France, for the purpose of visiting the aged Queen Mario Amelia. The day was mill, sway, and genial. Her Majesty, the Prince tad Priaoses of Wales, and Princess Helena, were expected to return by road to the Castle in the ream of the afternoon. POSTPONEMENT OP THE ROY AL VISIT TO LIVERPOOL. ILLNESS OF THE EARL OF DERBY. (From the Lwryoul Mercury of this day.) Our readers will learn with great regret that, in consequence of the severe illness of the Earl of Derby, the visit of the Prices and Primer of Wales to Knowsley and Liverpool ban been postponed. A telegraphic intimation to this effect wee received yesterday forenoon ►t Knowsley Hall, sad Lord Stanley immediately forwarded a note to the mayor (Edward Lawrence, Esq.) in forming him of this decision. The noble earl is at present suffering from one of the most severe attacks of his old mew, the gout. Last week the Duke of Cambridge and a number of other distinguished visitor, were guests at Knowsley Hall. During the whole period of their visit the earl was confined to his room, and it is supposed that the duke, who with the other guests left Knowsley on Saturday morning, must have informed the Prince of Wales of the severe nature of the attack under which Um Earl of Derby was suffering. At all 'yenta, with a kindly con sideration which does his credit, the Prince, on learning the indisposition of his intended host, at once determined to forego hie visit for the present. AU the arrangements for the reception of the Prince and Princess had Leen completed. The Countess of Maoclee field would Lave been in attendance on the Priors', and besides the ladies and gentlemen of the suite the following guests had been ,invited to meet the l'rince and Princess : The Marquis sod March.oness of Bath, the Earl sad Counter Tankerril le, the Earl and Counter Dalkeith, Viscount and Viscountess Roystoo, Lord and Lady Wham. cliffs, Lady Aosta Yorke, Lady Emily Villiers, Miss WiL beabam, Earl of Dunmore, Earl of Coventry, Viscount Courtenay, the Hon. Mr. Edgcumbe, Lord Stanley, Captain and Lady Constance Stanley, and Colonel and Lady Emma Talbot. The report from Knowsley yesterday afternoon was that the Earl .f Derby, although no easier, was not considered worse than he had been for the two previous days. His Royal Highness Prince Arthur, attended by Major Elphinetcon honoured by his presence the perform ance of Faust on Saturday evening at Her Majesty's Theatre. His Royal Highness the Duke of Cambridge has returned to town, accompanied by Colonel the Hon. James Handmaid, from visiting the Earl sad Coniston, of Derby at Knowsley. Their Royal Highnesses the Duke and Duchess d'Auroak, on leaving the nest of the Countess (Frances) Waldegreve and the Right Hon. Chichester Forteecus M.P., l is Essex, proceeded to Wood Norton, their seat in Woo. ortershire. The Duke of Sutherland has arrived at Stafford Hoar, Si. James's, from Scotland. Viscount and Viscounteu Palmerston enter tithed the Earl Granville and a @elect party ►t diaper oil Saturday. at Carabridp House, Piccadilly. Viscount Clifden is, we are informed, still in a very had state of health. The Lurd Bishop of London and Mrs. Tait have been the guests of Lord Houghton, at Frystow, near Ferrybridge, and are now on a visit to the Right Hon. the Speaker and Lady Charlotte Denison, at Osaingt6a, near Newark. The bishop will return permanently to the metro polis for the despatch of besieges daring the present week. The convocation of the prelates and clergy of the province of Canterbury waa oa Saturday last prorogued in the Jerusalem Chamber, Westminster, by the Vicar. General, Dr. Towers Twin, under a commission from his Grace the Lord Archbishop of Canterbury, primate ol all England and metropolitan, pursuant to the royal writ, unto Saturday, the 14th of January nest. HIS CONFESSION. The execution of Franz Muller for the murder of Mr. Briggs, under circumstances that have attracted so extraordinary a share of public attention, took place this morning at eight o'clock, and, although the wretched murderer down to almost the last moment of his existence persisted in asserting that he was innocent, it will be a great satisfaction to the public to know that at the last moment of his existence he confessed his guilt, and that no doubt now remains, if, indeed, any previously existed, that Muller, an Muller alone, was the murderer. The evidence was considered most conclusive by everyone who heard it, but there is no doubt that the wretched man, actuated by an intense love of life, determined in his own mind to assert that he was innocent to the last moment, in the hope that this might avail him. The knowledge of the excitement that was occasioned in reference to the case and the great exertions that had been made to procure a commutation of his sentence further induced him to withhold his confession to the last. It should be stated, however, that on several occasions when he was off his guard be made statements that were almost tantamount to au admission of his guilt. For instance, upon one occasion when Dr. Cappel, the German Lutheran minister, said to him that he did not believe he in tended to commit murder, and that his object in the first place was merely to rob the deceased gentleman; that a struggle and blows took place, and the deceased was either pushed or fell out of the railway carriage, Muller replied, " I believe it was done that way." A similar observation was made to him by Mr. Davis, who said that probably he might think, when he declared that he was innocent, that he was not guilty of the murder because it was nut premeditated, and that iu the struggle between them Mr. Briggs was either pushed or fell out of the carriage. To this Muller made no reply. As a goad many observations were made about the supposed improbability of the culprit, from his physical structure, committing such a deed, it may be as well to state that although he is short be is very muscular, and of extraordinary breadth across the shoulders. His hands also are very large for a man of his size and extremely powerful. He might, therefore, very easily have succeeded in de stroying Mr. Briggs without any assistance, par ticularly if be had, as was supposed, rendered him almost powerless by a sudden and violent blow. Dr. Cappel, who has been almost constantly with the prisoner since his conviction, was with him until a late hour last night, and although he earnestly adjured him to speak the truth, and reminded him that his end was fast ap proaching, and that he could only offer up a few more prayers and tears for him, and that it would be better for him to speak the truth, Muller still persisted in declaring that tie had not committed the crime, and Dr. Cappel seems to have left him under the impression that if the culprit was the murderer, he. was no common murderer, and that the crime was nut premeditated. Muller does not seem, however, to have deceived those about him, notwithstanding his positive assertion of his innocence. He slept for several hours during last night, and at au early hour Dr. Cappel and the Rev. Mr. Davis were again in attendance upon him. Dr. Cappel, 615 being acquainted with the prisoner's language, took the more active part in the pro ceedings, and prayed most fervently with the cul prit ; but Muiler still appeared unaltered, and made no admission of guilt. Mr. Alderman and Sheriff Dakin had previously upon several occasions earnestly entreated the prisoner not to go out of the world with a lie iu his mouth, and appear be fore God in that condition ; but he merely replied that be was innocent. The sheriff's, Alderman Dakin and Alderman Besley, and the under-sheriffs, Messrs. Da Jersey and Davidson, arrived at the gaol about half-past 7 o'clock. They were admitted through the yard attached to the resideutiary houses of the Dean and Chapter of St. Paul's, in Paternoster-row, as all the ordinary entrances in the Old Bailey were barricaded. Mr. Jonea, the governor of the prison, and the 11.,v. Mr. Davis, the ordinary, soon after wards joined them, and shortly afterwards they proceeded to the gaol The culprit was brought to the cell appropriated for pinioning prisoners who are about to undergo the capital punishment, between two warders. He walked with a firm step and appeared per fectly firm and composed—not the slightest trepidation was observable in him. After he had been pinioned he was told that he might sit down if he pleased, but he declined doing so, and remained standing until the time arrived for carry ing out the sentence--a period of three or four minutes. Dr. Cappel, who appeared greatly affected, and exhibited much emotion, then went up to the prisoner, and laid hold of his band, and uttered some prayers in German in the most im pressive manner, and just before the signal was given, he again earnestly entreated him to say whether be was guilty or not guilty, and be replied in a low firm tone, "I am innocent." There was only one Lope that now remained, which was that the wretched man might at the very last moment make a confession, and happily, for the sake of the wretched prisoner himself, and for the satisfaction of the public, this hope was realised. The culprit walked up the steps leading to the scaffold with a firm step. He was accompanied by the Rev. Mr. Davis and Dr. Cappel. His appearance on the scaffold was the signal for a tremendous yell, but, with this exception, the conduct of the crowd was tolerably orderly and decorous. After the rope had been placed round the neck of the culprit, Dr. Cappel took bold of one of his hands and again prayed with him, and having done so for some time, he concluded by addressing the culprit as follows :—" Muller, in a few moments you will appear before your God. I ask you now, for the last time, have you committed this crime r Ho replied, " I am innocent." Dr. Cappel then said, interrogatively, " You are in nocent 1" Muller replied, "God knows what I have done." Dr. Cappel then said, " Does God know that you have committed this crime 1" Muller was silent. Dr. Cappel went on, "In a few minutes you will be before God. I ask you now solemnly and for the last time, have you committed this crime 1" Muller then said, " Yes, I have data it. No one elm was concerned in it." Almost at the same instant, and while the words were upon the lips of the wretched man, the drop fell, and, after a very brief struggle, he ceased to exist. (From the Second Edition of the Times.] From about 6 o'clock the Rev. Dr. Louis Cappel, minister of the German Lutheran Church in Abe-street Goodman's.fields, had been with the convict in his cell, and had administered the sacrament to him. Daring their interview, which listed nearly two hours, the convict frequently clung to him and embraced him, oh 'erring, with tsar, in his eyes, that he was the only friend he had then M the world, and expressing his fervent gratitude for all the kindness that he had shown to him. The conversation of the prisoner. .at that and pre vious interviews, whenever it touched upon the murder, appeared to be intended to produce an impression on the mind of Dr. Capped that be was innocent. There were other sins of which the convict said he was guilty, but whenever he was pressed with reference to the murder he evaded the subject in some way, or, to use Dr. CappsLi's own word, afterwards in conversation with the sheriffs, " he hid that particular sin under his moment, as it were." On Sunday evening, about 10 o'clock, Mr. Sheriff Dakin paid the prisoner a last visit in his cell, and again exhorted him, as he h►d dose on previous 000mions, not to leave the world with a lie in his mouth. Laying his hand upon a Bible which the con vict had been reading, Mr. Dakin reminded him that the promisee of forgiveness itooatained all assumed repea -1 tense and confession. Muller listened kindly to the adju rations of the sheriff, but made no response. After Mr. Dakin had gone the convict remarked to one of the warden planed over him that man had no power to forgive sins, and that it was of no use confessing to him. In this state of mind he denied the crime to the very Last, even when the sacrament was about to be administered to him, Shortly before 8 o'clock the sheriffs and under-sheriffs , with Mr. Jonas, the Governor of Newest*, and Mr. Gibson, the prison surgeon, proceeded from the session-house to the gaol. Pausing for a few moments in an open courßyarti, they awaited the coming of the convict. A side door was opened, and Muller presented himself, attended by a warder. He was pale, but marvellously calm and col lected, sod be walked briskly across the court-yard to the press-room, followed by the authorities. Teem he was pinioned by the executioner, and underwent the ordeal with unshaken courage. While all about him were visibly touched not a muftis in his face moved, and be showed no sign of emotion. He was docile withal, and respectful in his demeanour. Again and again Dr. Cappel ap proached him sod sought to sustain him by the use of epootiraging words. The convict, repeating the words after the rev. gentleman, repeatedly mid , in German, " Christ the Lamb of God, have mercy upon me." The process of pinioning over, Mr. Jonas, the Governor, approached the convict and asked him to take a seat, but he declined to do so, and remained standing until the prison bell began to toll which was to summon him to the scaffold. As he remained in that attitude one could not help being struck with the remarkable appearance of physical strength which his figure denoted, and still more by his io. domitable fortitude. Though short in statue, he was compactly and symmetrically made, sod there were very striking indications of vigour about his chest, arms, bands, and the back part of his neck in particular. His clothes were well made, and he we. dressed with remarkable neatness. When the executioner was removing the necktie sod shirt collar, in arranging which much care appeared to have been bestowed, the convict held up his head to allow of his doing it with more sue. This was about the last of the preparations. A signal was given by the Governor, and the Rev. Mr. Davis, the ordi dinary, led the way to the scaffold, reading, es he did so, some of the preliminary verses of the barialbervice. He was followed by the convict and the Rev. Dr. Cappel, sod then by the sheriffs and under-sheriffs. He amended the scaffold with a firm Map, acecompanied by Dr. Cappel, and as he did so the multitude, on his being confronted with them, raised a mighty and jade. scribable hum. At this moment the sun shove brightly, though rain had fallen more or less all through the night. After the convict had been placed upon the drop, and the rope adjusted round his neck, Dr. Cappel, addressing him with great animation sad solemnity, said, "In a few moments, Muller, you will stand before God ; I ask you agaln, and for the last time, are you guilty or innocent" He replied, "I am innocent." I Dr. Cappel said, " You are innocent" repeating his own words is the form of a question. Muller answered, " God Almighty knows what I have does.' Dr, Cappel. " God Almighty knows what you have done !" again repeating the convict's own word ; " Does God kaow that you have done I this particular deed r Mailer replied, ~Y ea, I have done ii." speaking in German, in which language the whole mim. ration was conducted. The German expression used by the cowrie! was " Ich babe es gethan ;" and these were his last words. The drop fell, and be soon ceased to live. So greatly relieved was thy rev. gentleman by the confession, that he rushed from the scaffold, exclaiming, " Thank COURT OF QUEEN'S BENCH . _ _ Sittings in Banco.—(Before Lord Chief Justice Cockburn, aed Justices Crompton, Mellor, and Shoe.) THE QUEEN C. THE LOCAL BOARD OF HEALTH OP SHEERNESS. In this case Mr. Manisty, Q.C., appeared to show cause against a rule obtained by Mr. Lush, Q.C.. calliog upon the defendants to show cause why a mandamus should not issue to compel them to pay the sum of 1,1681., which con. slated of taxed oats incurred by them in a Chancery suit which was decided spinet them with costa. The court eventually made the rule absolute for the mandamus. Rule accordingly. THE POLKA COURTS. (THIS DAY.) CLERK EN WELL. DISGRACEFLL OTITHAGIL AT TEM YrTROPOLITAN RAILWAY TITMINCS, Two rough-looking fellows, who gave the names of Miettael Cater and Patnek Minaitan, labourers, residing at 10, Union-terrace, St. Andrew's, were charged with being drank, creating a disturbance on the platform of the Far. ringdon.road station of the Metropolitan Railway, and fur ther with violently assaulting Charles Peacock and Henry Maunder, ticket collectors. Charles Peacock said that last night, on the arrival of the 11.6 p.m. train, the prisoners got out and wanted to pass without having paid their proper fare. He stopped them, and then the prisoners attempted to foto* their way through. He prevented them, and then Cotter struck him on the side of the head. The other prisoner seined him and knocked him down, and whilst he was on the ground he received • severe kick. He was very mach hurt, and he now felt great pain. The prisoners next kicked him in the ribs, and he was very much bruised. The prisoner Cotter hit him on the arm and also kicked him on the leg. The prisoner Cotter rid be did not bit the man. It was all lies. Henry Mauoder rid he saw Cotter strike the other wit. nese. He went to his aatiethoce, and then both prisoners attacked him and hit him on the beck of the head. He saw the prisoner Shimizu kith the other witness danger. ously. The prisoner Cotter kicked him on the lip and otherwise illused him. Whilst he was holding Cotter the ptisotaer hit him on the arm. Both prisoners were a little the worse for liquor, but they well knew what they were about. The prisoners did not deny the aseault, but rid they bad no right to be detained. The witness Peacock said that the prisoners had torn his uniform coat, arid in the struggle had broken his watch Alas. Both priamere were very violent, and behaved more like savages than human beings. Mr. D'Eyncourt said that this wee a very bad OW. He should not give the prisoner Minahan an opportunity of paying a fine, but should send him to the House of Cor- rection for three calendar months, beteg one month for the assault on Maunder, and two months for the assault on Peacock. The other prisoner would have to pay agm of 40e., or in default one month's imprisonment. MARLBOROUGH-STREST. A ROT CHARGID PITH ROBBING LIIf4 . I•THRIL-_-•_SAD CABIL °earn. Sarage, boy, was charged bel;reMr:ii;;;;lth robbing his fallow. kliciinel Smite, a master chimney sweep, of No. 10, Ranover•plsce, Bond•atreet. mid the prisoner was his moo. On Saturday afternoon while be (prosecutor) wee out the prisoner left home, and some time after 11. 2.. 9d. was missed (tom a drawer, the mooey being safe r. few hours before. About 8 o'clock in the wooing he went to the Maryleboue Theatre, nod in the gallery found the prisoner. He thee gave him into custody, when he handed the ger gnat on duty in the theatre 19s. and also a mart at the same time, stating that he had taken the money from the drawer and boeght the scarf out of it. In answer to Mr Soo:, the prosecutor said be bad five younger children than the pietism, and that about two months ago the priaceer weal away with 2 1 ., and threatened his mother with a knife in his baud if she told of him. The boy had fallen into bad courage for about two years past. Sergeant Hoots, 7 11, having given evidence as to taking the boy into custody in the gallery of the Marylebone Theatre, Mr. knot said the beet thing be would do would be to take the boy off the street. and send him to school. He should therefore send the prisoner to Feltham for three years, and the precentor would hams to pay 3s. • week towards his maintenance. The prosecutor mid be &odd be happy to do so. LAMBETH. ?R! EiSONE THROWING NUISANCE Thomas rei skic;i;fliyawn of age , waaciarged before Mr. Elliott with throwing Moose in the public streets to the greet danger and annoyance to the powers by, and the inhabitants of the neighbourhood. The constable in th;charge said that about 3 o'clock on the day before he found the prisoner and another boy throwing stones at such other in the public street in so furious a manner as to endanger every person within their reach. The other youth got away, and it was with much difficulty he secured the prisoner. Sergeant Odell, 18 L, here informed the magistrate that numerous complaints were daily made at the station-home of the dangerous °Monne° of stone-throwing in the parish of Lambeth ; and there were then in attendance two gentlemen who were anxious to say something to his worship respecting it. The gentlemen alluded to said it was Almost impossible to conceive the extent of the evil, particularly on the Sundays, which appeared to be the favourite (day for indulging in the nuisance. It was not only the danger to the parson and the injury to the person that was to be complained of, but the language used by the offenders (which was of the most filthy kind) that was to be coin. plained of. The prisoner's mother gave him a very bad character. and said that instead of doing anything for his living, he sold his clothes and spent the money. The prisoner said that if discharged be should not be guilty of the offence again. .. . . . Mr. Elliott hoped awould keep hie word, mid.dischargol him. SOUTHWARK. HOUSEBREAKING. Henry Butherfield and lama Legg, two yoang fellows about PO years of age, were brought before Mr. Woolrych. charged with breaking into the premises of Mr. Willa% Adams, carman, 11. Granby-street, Waterloo-road. end stealing therefrom two sets o f harness, two pada, and two seta of MOM The tor deposed that on Saturday evening he tasteuad up his stables, which adjoined his dwelling-house, leaving the Muncie and all the property secure. About '+ o'clock on Sunday morning he entered the st►ble to 1,.,k after the horses, and was surprised to Mid the place in dis order, ►nd he mimed two sets of harness, two pule, mad two sets of reins. Perceiving that the place had been entered by thieves, be called in the police and searched about, when they discovered the prisooers concealed amoi..; the str►w in the loft. and he gave them into custody. ness asked them how they came to get into his place, wl, eu they replied " that they eoly cams there to sleep." Mr. Woolrych asked if he traced any of the stolen pro. pertv to them' Witness replied in the oegative, and he hardly tbougit they were the thieves, as they would certainly not have re. monied io the place so long. Henry Morton, 63 L. said he was called into the pro. secator's place about 0 o'clock on Sunday morning, when be found the prisoners lying among the straw in the loft app,. ready saleep. Legg told him he entered the place whet the gates were open, and the other prisoner wid he did not know how he came there. Both refused to give any account of themselves. . _ Legg here told his worship he had been in her Majciti's navy, and was discharged in December list, and a month after his papers were stolen from him in the Surrey rheum. The other prisoner said he was a stableman out of work, and finding the place open he went into it to sleep. Both prisoners denied Naving stolen the property or being Coe. uected with anybody who did it. Mr. Woolrych said that the account they had given of themselves was very unsatisfactory, and he should remand them for the constable to make further inquiries. HIGHGATE. THE THIEVE:! IN HIGHGATE WOOD. William Simmonds, Thomas Goodraige, Miriam emir, Henry Taylor, and Peter Cottenll, who stood remanded on a charge of stealing a pig, the property of Mr. Bateman, nod alaughtering it in Highgate Wood, were solo placed at the bar for mezaroioatioo. Mt. Machette, solicitor, of Frederick-street, Graye.ina. road, attended for the prasooer ,Simmoods ; the other prisoners were undefende d . . . Mr. Ricketts wished to know why the prosecutor, Mr. Bateman, was tiot examined as a witness. Ile was present on the last examination, but for some 'indiscoverable reason was not called. It might be that be had disposed of the miring pig. Mr. John Borraaton Bateman was then called. and Mr. Strait, the clerk to the magistrates, the. proceeded to ad minister the oath to him. Mr. Bateman—l decline to be sworn ; I have woo:in. tious objections to tekiog an oath. I believe all swearing i• ro►ibited by God', lawa. The Bench—Are you a Quaker or &Moravian? Mr. Bateman—No. Mr. Ricketts—But you object to be sworn on religions grounds? Witness—Yea. The Bee& thee ; ropoewl to allow the vitae= to give evi dence on affirmatioe. Mr. Rickette objeeted—Where wee the form el afEreistioa to be foued The Beech proposed to allow the declaration made by gushers. Mr. Ricketts objected. It required an act of parliament to do that. As the prosecutor could not give evidence the prisoners must be discharged. Witness— I was formerly a Moravian, but am not so now. The Bench—Then there is as act enablieg you to pre evidence. The lit and 2nd Victoria, cap. 77 was thew referred to, and it provides that persons who have been Moravia:is but have ceased to be each. may give evidence on affirmation. (The declaration give. in the act wee then reed over to Mr. Bateman, who proceeded to give evidence merely deposing to the loss of his pig and to net having disposed of it.) Mr. Ricketts—Wino did you cease to be a Moravian! Witness—l caneot nay. The Beech uid they held the witness competent. Mr. Ricketta—But I wish to test his competaney. Tbe act is of recent date, and does not apply to persons who ceased to be MOlSVilial before it took e ff ect. . . Ultimately the witness stated that be seceded from the Moravians bog Woos 1538. Mr. Itiokstea again addrewed the beach cm behalf of the prisoners, and contended that the case bad not bees astir faeterilv made oat. The Beech committed the whole of the pitmen to the Middlesex Sessions for trial. Mr. Ricketts applied that the prisoners might he admitted to bail. The prisooer Siromoode was the ems of respectable parents, and could God hail to any amount. The Beech refused the application. Tin COMlT.—Since her Majesty's arrival at Windsor very little has occurred to break the quiet mono., bony of the Court, sod the royal excursiou from the Castle have been confined to the visiting of public, and charitable institutions. Much of the Queen's time is peened with the rayed family, her Majesty walking sod driving in company with moor other of the prisms or primmer In the grounds sad park. Her Majesty is an almost daily visitor to the royal mausoleum at Frogmore, where lie the remains of the Prince Consort. On this beautiful tomb, which is now nearly completed, the most eminent artists in marble and mosaic work have been employed., and all that the fine arts of the age could contribute towards its adornment has beet lavished upon the work. Its cost has of tonne been great, uno expense has been spared in its construction. The mausoleum and its approaches are under the strict fur dianahip of the rural polka day and night, and as admis sion to its sacred precincts would be now considered am ace of thegrestest marks of favour which royalty could bestow upon the subject. An ornamental bridge of smooth sod rusticated Portland stool is being erected over the ono mental water at Prop:tore, for the purpose of reenacting the approaches between the Prince's mausoleum sad that of the late Duchess of Kent, over whose tomb a broom lamp is kept constantly burning. On Wednesday a new soprano, Muffle. Liu& Manorial*, *MOB oat at Coyest Garden u Amine, in the Sonnambula, Mr. Charles Adams sustaining the part of Elvis*. On the urns evening another new tenor, Mr. W. Costae, nukes his appearance as Masant,ll., in the wood and third acts of Auber's popular opera. The next opera at Her Majesty's Theatre is, we understand, to be Don GIOVOMAI-with what distribution of characters has not transpired. The oommission of inquiry into the Belfast riots opened op Saturday. The 0001112404/0411 seek for as expla• patine of the soo+uppressioa of the riote in the recent instance, and will ask advice on the beet means of preventing them in future. It is reported from Blackburn that malignant fever prevails r►ther extensively in the Church and Oswald• twistle districts. In the latter district there are DO fewer than Mese Mee in three cottages. The home of guerdiens hare taken steps to stop the spread of the disease. Tag WINTER Gaol. DRLITERT. —The following days have bees appointed for holding arises for the winter goal delivery at the subjoined places :—Winchester, Thom day, Dee. 1 Hertford , Thursday, Dee. 8 ; Chelmsford, Monday, Dee. 12 ; Maidstone, Monday, Dm. 15 ; Lewes, Wedoesday, Deo. 24 Xt. Bares Chappell will les the pro. skiing judge. Fr-ARNIM ACCIDENT AT WTOAN.—OD Saturday morning, about 11 o'clock, a sad accident occurred on a nil. way in eopaezion with the 'stamen works of the Kirklea. ball Coal and Iron Company, to • man named Michael Toles, • cinderman, resident is Wigan. He was attempting to par between • couple of trans of waggons, the one loaded and the other empty, when unfortunately an engine backed I against the empty tracks in ceder to be attached to them. He was caught boluses the huffan of the wsggooa, and carried along for a distance of fully a dozen yards, when he fell to the ground beneath the rails. Assistance was soon at hand, but the poor fellow. who was fearfully crushed about the breast, died in shout a quarter of an hour after wards, and before any surgical help could be obtained. He was • married mars, bat had no family.—Lirerpoof Albion. INITIMAL PALACE. ••••• HAAJ-CZOWN DAT. —" SATcriDAY. Nov. 12.—Adadmims oa maw% 712; ditto by is tickals, 3,388 ; WM, 4,100. pRoVIN( L special held at 1 o be chair. be following The PrOTIDI WON st the 0 Dereham, reit, Razlel itocheni ":: It: r e t r ) ' icholsoo. the drool Bank. Al , holders As liquidation. nate sPecul wing 0( le table blinkil h :the din, mecum . hoe. sod bore le lusts ha" ofer of s 1 the direct I, of the business of 1 oo the let, op the 20t1 the homes roads. Th not been . directors recoiled the atatement directors c ery. pc by the That la mot balauco mooting cal K baud. the lort notice, t eters have be nee during ket. The ac otabliahnieul ode Up at th at and satiaf lireators beli Kited at the 10 - think th's' op i t; enownent a ent to ma, considering Lion of the it, the d ' er that Om at position Statement ol to ctuitorom 1 r o pts, ,d il . c., 477,4161. tr (par co is on baba a interest sad p at call c not be c for be nt-18,510 )01. ; upon - . ; less di calls paid i rip/ 530,790 t. L —making —By cash at LVi. 15s. sd. ; Ice, 186,4541. lament in c ant. 9651. 6e others on sod pro [... iVaicii,; t Yarmouth, lasashold pre and fittiogs, 4d. ; to stem o sod sseuri lusty mod o sad oh . stationary, bunions, ti i of ; 174. 3s. Bd." CtunuuN 14 purpose of ire. The dire atestion of c tiog the wort be applied in d now move o motion • be , I CnAramsn !teethe purp Iced on that ton of the col eery crisis fo should be en; sod be tr would Mtn factor/. • TI inland ai with than taio qua . HOLBOTD, k bad la a do r,. Ai SM. ?ewes allowed ad cars wan to anytbiag b ‘l'lmi'd•a• ector's firm. I. and DODO preliminary . _ re was a& the purchase wu to be ra hind Bank b k exceeding t amount bad bares bed bee Its, ialise int bed for. The wed a large from the bat desirable to I he beginning tanks were all meting at .0 e let statement, rtleßS AND his foreilooc 1191111. Oliver, On business riabidreet, ▪ Shads.. elk Won sad Co damage does, isms thoussa Olives'a pi km Company' Ipps rooms ire, of a very romans of log-Place, W I 'Promises of 'dal In gotta' Lad was lot • qgiekly and that bed the adjoil 1r dialers? 10, bad panel The promi te 4000 to th TO T 1 1 11 --I have I' lett er , ju . ttal Eagliah l e"t lotr Nadi Bi shVPte• door Mr tzth n hooooko y rd e a YOU of the i t'Ot I thi n 'I looking d a y g , th n Way Jui ..Ph)hols, '"'• °Lamb n'Prttt, from he,, ma. di (Signed) C entral Tvornt " 4 418 1aep6 alone June I nes 3 ,000 doll liMmum. 10 I b.. Ilish...