The Express.
London, England, 1864-10-28 00:00:00

BIITAITM

THIS imam THE MOTHER'S DYING CHILD. Mrs. 8.
Lae.— ft4ng by Mr. Albert Steele, Madame Come% sad
Mu Annie Radcliffe. Aud THE MILLER AND HIS
YEN.—Catzuseace et 01.

WOE WATER AT LONDON-BRIDGE,
TEN DAT Nornlng, Oh. ?Dm.. Afternoon, Oh. 48es.
To-NO=OW Morning, Ih. 7m... Afternoon, Ih. 25e.

LONDON, FRIDAY, OCTOBER 28.

We are not altogether surprised that the ante-
cedenta of the remarkable trial which commenced
yesterday should have aroused some uneasiness and
some ill-feeling in the minds of foreigners. They
have put together the fact that Muu.xa is a Ger-
man, and the fact that the popular prejudice
against him has been of in unusually pronounced
character, and they have jumped, hastily but not
altogether unnaturally, to the conclusion that the
two circumstances stand to each other in the re-
lation of cause and effect. If they would look,
however, a little more closely at the peculiar fea-
tures of the case, they would see that this con-
clusion is not exempt from the common vices of
over hasty induction. There are ample grounds
for the exceptional public excitement created by
the murder of Mr. BRIGGS without there being any
need to refer it to the nationality of the prisoner
at the bar. The circumstances under which the
crime was committed affected it with unusual sisal-
licence, and the sensation of personal and indi-
vidual alarm gave an unusual and suspicious
strength to the natural desire to see justice vin-
dicated. That such would have been the result
would have been predicted, without hesitation, by
any one who remembered the garotting panic of
two years ago. When it wee known that Mcxxxa
bad left England, a new set of feelings came into
play. The interest of a doubtful chase was added
to the interest of a mysterious crime, and it would
have been as reasonable to expect forbearance from
a pack of foxhounds after a hard run as to look
for careful weighing of evidence among the crowds
who hung about the police-office. But the eager-
ness which has been manifested implied simply a
wish that MULLER should be tried, not a desire
that he should be convicted ; and the special
reasons to which it was attributable ceased in a
great measure to exist when once the accused was
in custody. It is quite possible, if the trial is
prolonged and the defence even reasonably plausi-
ble, that before the verdict is given the current of
public sympathy may set mainly in the prisoner's
favour.

We can conceive, however, that a German
may answer " Granted that the prejudice against
" 11Irmas is in no way connected with his
" obnoxious nationality, I may still feel anxious
" for a countryman who is possibly innooent, and
" who has to be tried under circumstances so
" obviously inimical to his obtaining unbiassed
" justice. You tell me that he stands the same
"chance as an Englishman ; but unless that
" chance is in itself a good one, 1 may fairly be
" alarmed at seeing a German exposed to it."
The . removal of • genuine misapprehension is
always worth attempting, and in the present case the
end may be attained by a mere glance at the safe-
guards provided for a prisoner by the theory and
practice of English criminal law. In the first
place, there is no room for the indulgence of any
private vengeance. The prosecution is at the suit
of the Crown, and the counsel employed in it have
no professional connexion with, and consequently
owe no responsibility to, the persons whose injuries
are to be redressed or avenged. At the same time
the intervention of the Crown is simply ministerial.
The prosecution has no duties in the Old Bailey to-
day which it would not have equally if it had been
instituted by Mr. BRIGGS' relations. It has no
representative in Court other than the advocates
which it has retained ; the Judge sits simply as a
moderator between two contending litigants,
charged only with seeing that the one takes no
unfair advantage of the other. The Court before
which the prisoner is tried has not only all the
securities for impartiality which can be derived
from the entire absence of any interest inthe result;
it has in addition all those undefined but most effec-
tive guarantees which arise from a complete iden-
tification with along series of venerated traditions.
The English Bench has been the seat for ages of •
system of jurisprudence of which the substantial
equity, as between subject and subject, was never
questioned even in the worst days of political
subservience. Nor is it his office only which ex-
ercises this influence upon the Judge. The tradi-
tions of the Bar, of which before his elevatian he
was one of the foremost members, point in the
same direction ; and he sits to administer justice
in the full sight of a profession to whose good or
bad opinion the training and habits of a lifetime
have made him keenly and even morbidly sus-
ceptible.

The nature of the evidence by which the pri-
soner's guilt must be established is another point
in his favour. It combines the two opposite fea-
tures of extreme technicality and extreme simpli-
city. The rules which govern the reception of
evidence invest it with the former character ; the
fact that the credibility and value of the evidence
must be decided by the jury invest it with the
latter. Hero, therefore, the prisoner is doubly
protected. The Court will take care that he is not
prejudiced by an aimless narration of every fact, or
surmise, or rumour which may be in circulation

about him; and the intervention of the jury is
a warrant that the proof of his guilt mat be
such as is satisfactory, not to subtle intePfibets ast.

uatomed

to trace the obscure connexion I
events remote from one another, but to . pbnin and
commonplace men, who bring into the jury-box
the rough common sense which guides them in
their own affairs. Nor is there much weight to
be attached to the objection that their minds are
Waned by what they have beard on the subject
out of doors. Any one who has heard or even
read the proceedings in a lengthened trial will
feel that the difficulty is not so much to get rid of
the impressions with which he began, as to retain
the impressions which he is supposed to have
gathered as he went on ; and the chances are that
by the time the evidence on both sides is concluded
the jury are looking anxiously to the Judge's
charge as some index of how much of
what they have heard they may law-
fully dismiss from their recollection. When we
add to all this the further security which
the prisoner derives from the fact that the case
against him must be so conclusive as to leave no
room for that reasonable difference of opinion
which is likely to arise in the course of prolonged
discussion, the chances of an unjust verdict, at all
events where life is concerned, seem reduced almost
to a minimum. These are the safeguards with
which, in the opinion at least of Englishmen, the
CriminalJuriaprudenoe of England surrounds an ao•
cased person, and whatever may be their value they
will be accorded to FRANZ MULLIR as fully as—nay,
if possible more fully than—to any native English-
man. We have little fear that they will appear
insufficient to the keenest foreign scrutiny, so
long as it be honest and impartial.

bt roun.

BALMOP.AL, Ocr. 26.

The Queen, accompanied by Princess Helena, and
attended by Visoeunteav Jocelyn and Lady Augusta Stanley,
drove round by Invoreauld yesterday.
Prisms Louise went out driving in the morning, attended
by Miss Bauer.

The Right Hon. Sir George Grey, Bart., M.P., has re-
turned to Falioden from Balmoral.

Despatches were reoeived yesterday at Use Colocialoffice
from the Governors of the North American Provinces and
Bermuda. Despetches were sent to the Governor of
Canada.

A deputation of gentlemen from Erith sod Belvedere had
an interview with Earl de Grey and Ripon, at the War-
office, yesterday, to premed a memorial from the inhabitants
of those parishes respoding the recent explosion at Erith.
The depettatioa ecosinted of Ike Venerable the Archdeacon
(C. J. Smith), the Rev. J. H. Baum, Captain M'Billop,
R.N., sod Haste. R. Broom, J. Pariah, A. J. Jay, W.
Everitt, A. Walla, W. Hall, F. B. Dally,C. Beadle, jun.,
W. Oogar, jun., C. Hartridge, S. Ifidurewl, and S. Reeves.

FUNERAL OF THE DUKE OF NEWCASTLE.

Yesterday, at three o'clock, the mortal remains
of Henry Pelham, Duke of Newcastle, were deposited,
amid univenal tokens of respectful regret, in the family
vault within the new parish church of Markham Clinton,
about seven miles front Clamber-house. The day was
wretched, but from an early hour crowds of people passed
through Ratford and Worksop and lined the road from
Clamber to Markham, all sorts of traps being brought into
requisilton, see-horse gigs being predominaat. The
deepest signs of sorrow were everywhere exhibited.
Every single shop in Worksop was closed till four,
and every private house bad the blinds drawn down. Most
of the houses and shops at Bedard were also completely
closed ; from Hattori Tower sad Botbama•i] Tower ems
were flying half mast high, and the belle of Worksop,
Hotheads% West Drayton, Grantee, =lnky, Fiat Mark.
ham, sod Markham Clinton, tolled from ten to two. The
utmost liberality was shown to the tenantry, oottagsrs, and
friends of the late duke who, thronged the house end
grounds ; but perhaps one of the most touching sights was
• group in the hail of school gird from Hardwick, fed
and clothed by the late duke, whose anxiety
to catch • &epee of the coffin of their benefactor,
and whose deep emotion, were remarked by all. Oa Wed-
nesday the body lay in Mete in the centre of the anteroom
leading to the large library, whith was hung with black.
The coda, over which was • rich black silk pall, with the
duke's arms on it, was covered with crimson silk velvet,
and the furniture was richly carved, with eight large gilt
handles end • crown. On the sofa was placed a rich velvet
cushion bearing the ducal coronet ; and on the lid was
wrought an embellished star of the Order of the
Garter. Lighted wax candles were kept burning
oa each side of the coffin, and • very l►rge
number of friends and tenants pssse•l through the room
from 12 to 4. The following is the inscription on the oof6a :
—"Henry Pelham Pelham-Climb:is, Duke of Newcastle,
Lord Lientseent and Costae Itotulor um of the County of
Ndeingdam, Lord Warden of the Stean•ries of Devon
and Cornwall, Knight of the Most Noble Order of the
Garter, sod the of her Majesty's Most Hon. Privy Council.
Born Plod May, 1811 ; Died 18th October, 1864.*

The time of startiag was fixed fora quarter to 11 am.,
but the prooresioa did sot leers till half-past 11. The pro-
cession left Clamber-hour &boat 11.30.

Amongst the mourners were The Eul of Lincoln (mow
Duke of Newcastle). Lord Arthur Clinton, Lord Albert
Clinton (eons of the late disks), the Duke of Hamilton, sad
the Hight Hon, W. E. Gladstone.

The procession, which was nearly a mile long, purled down
the park and crossed the great north road and through part
of Sherwood Forest, pert Markham Moor, and down a lane
into Markham Clinton, at the extreme end of which pariah,
on an elevated site, stands the new church built sea family
mausoleum by the late duke's father twenty years and more
ago. Arrived at the church, the body was received by the
Rev. H. R. Reynolds, vicar, who read the opening seatenom
and the Psalm. The lesson was read at the bead of the
grave by the Rev.& boogie*, of Sandby, the late vicar, and
the rest of the venire by the Rev. H. Fyner-Clinton,
Among the clergy present were the Revs. C. D. Butterfield
(Retford), T. Chapman ( Elksley), Hicks (Haworth). G. W.
Brameld (Markham), Reed (011ertoo), Marsh (Trixford).
Mee (Hayton), &c. The Mayor and Corporation of Raiford
desired to attend in state (him grans having beep lord high
steward of the borough), bat the family desired that the
funeral should be as private as possible.

We (Port) are safe in contradicting the popular
rumour that a dissolution of parliament is immineat. Oa the
contrary, we believe that we are warranted in postponing it,
as far as ministerial intentions are concerned, to the en-
trained limits—Mu. to 1866.

The Duchess of Somerset and Lady Gwendohne
St. Maur are expected to arrive at the First Lord of the
Admiralty'. official residence at the Admiralty, Whitehall,
on Wednesday or Thursday next from Paris.

The Earl and Countess of Clarendon are expected
to arrive in town in a few days from the Continent, accom-
panied by Lady Emily Villiers.

Viscount Annesley has left town to join the
family circle visiting Loed mai Lady Steam of Alderley at
Heir seat in Cheshire.

Viscount Chelsea has arrived on a visit to the
Earl and Comatose of Craves at Ashdown Park.
The Right Hon. T. H. Botheron-Estcourt, DI. P.,
and Lim Eetcourt have left Penance's Hotel on a tour of
visite.

The RUSSiAII General Todleben arrived io London
on Saturday last, and is the guest of Captain and Mrs.
Blakely. Yesterday he paid a visit to Woolwich, and was
received with military honours by General Wards—the
garrison horse and foot artillery being paraded on the com-
mon. Mier partaking of luncheon at the mess.room the
party proceeded to the menthes, and witnessed the sue.
easeful testing of one of Captain Blakely's 11-inch atsel
guns (throwing 6001 b. shot), intended for the Russian go-
merriment. The general subsequently inspected the various
departments of the Arsenal aid returned to town. He
dined with Captain and Mrs. Blakely, and amongst the
oompany were Sir John Burgoyne, Mr. Kieglike,
General Kmety, Colonel Kaman R.E., Captain Wrottere.
ley. R.A., Mr. Hayward, &a. Noma! Todleben will be
entertained at dinner this amnia( by his Royal Highness
the Duke of Cambridge, and a banquet will be given in his
honour nest week by the meinbus of the Army and Navy
Clab.