The Express.
London, England, 1864-10-31 00:00:00

THE EXPRESS, MONDAY EVENING, OCTOBER 31, 1964.

wife deposed that MULLER changed bis boots for
slippers when at work, and on leaving in the even-
ing he still wore one slipper, as he had hurt his
foot, but he took his boots wits him., He also in'
the morning changed his trousers, a new green and
black mixture, for an older pair, but again put on
the green and black before leaving. This was
about 7 o'clock, or, according to 11/mu, at a
quarter to 8. He told the latter that he was going
to see a prostitute of the name of ELDRZD, whom he
visited, at CambarzalL Both this girl, and
her landlady, Mrs. JONES, were called, sin-
gularly enough, by the counsel for the defence, to
prove an alibi. But what they did prove was that
Mum.= had really been that evening at Camber-
well, which is contiguous to Peckham, where Mr.
Barnes was dining, and whence, on their way home,
both individuals would, if they took omnibus and
railway, follow exactly the same route. It was,
indeed, sought to be proved by their evidence
that MULLIS had been so late at Cam-
berwell that he could not have taken the same
train. But they only proved that, according to
their cluck, ELDRED had gone out at nine ; and
Mrs. Jolt's thought Moose called half-an-hour
after, but he did not stay. A time so vaguely
and unsatisfactorily fixed by witnesses for the
defence of not doubtful character, could not be
taken by the jury as proving the impossibility of
MULL= being at Fenchurch-street at 9.50. That
he actually was at Camberwell that evening
between 7.45 (when he left HArra) and 9.30, was
fixed by FAnsan's recollection of receiving a tele-
gram, the date of which was procured from the
office. But after that hour MuLtaa was not seen
that night. His landlady sat up for him till 11
o'clock ; but he had a latch-key, and it is not
known when he returned. He was there, how-
ever, on Sunday, and remained in all day,
only taking a walk with his landlord and land-
lady for three hours in the evening,
when he wore a slipper on one foot,
and, in their belief, the same clothes that he had
on on Saturday. On Monday morning he left
their house, as usual, at 7. Just before 10 he
was at the shop of Mr. DEATH, a jeweller in
Cheapaide, exchanging a gold chain which was
afterwards identified as Mr. Baran'. Between
10 and 11 he came to Rarsca's shop, wearing
boots on both feet, and a light pair of trousers.
The green mixture trousers were not seen again.
He then showed a new gold chain and seal, the
same that he had just got from Mr. Deem in
exchange. He said that he had bought them at
the Docks for 41. 2s. He also showed the chain
to HAP, and, with his assistance, pawned it, as
well as some clothes, to raise the passage money
to America. He first used the sum, however, to
redeem his owa watch and chain, and then pawned
them, and sold the ticket to a companion, raising
altogether 41. 54., the amount of the passage
money. On Wednesday, the 13th, he took out
his passage in the Victoria, and wished to leave a
canvas bag in the gbh-ping-office, but this was not
allowed. He sailed on the 14th of July, and was
captured on the 24th August. In his possession
was found Mr. Batons' watch, and a hat which,
with that found in the railway carriage, was the
main element in hia conviction. The history of
these hats must now be traced.

Mr. Sanwa had his last hat made to order by
Mr. DIOANCE, who was his usual hatter, and who
was in the habit of marking the customer's name
inside. The hat found in MrtLeit's box was
proved by Mr. DIGANCE to be one of his ; and
still more decisively proved by the wholesale ma-
nufacturer to have been made for him. It dif-
fered, however, from that made to order for Mr.
BRIOOB in the one particular, that it was lower in
the crown. But it was found that this arose from
its having been cut down an inch or more ; the
lining also being cut, and the piece removed in
which the name would have been written. After
this was done it had been neatly sewn, not
gummed, as it wail said a hatter would have done.
This alteration, however, it was urged, was fre-
quently made in the second-hand trade, and some
evidence was brought to show that, if the workman
was in a hurry, he might stitch it only, without
gumming. But then it was answered that the hat in
the ordinary course of trade would be only cut down
so as to make it the fashionable height, and that
which we found on Mutten wig reduced below that
height Moreover, he bad been seen by several
of the witnesses to have a new hat on the Monday
after the murder, and they did not observe that it
was lower than is common, though they did observe
that it looked like a guinea hat Minims then
stated he bad bought it for 14s. 6d., and that be
had crushed his former hat and thrown it into the
duathole. But his former hat was a very remark-
' able one. Marruews, • cabman, got it for him
at his desire at a Mr. WALKER'S, in the Edgware-
road. Mrs. Rerseu had seen this name on the
box in which MULLES brought it to her house.
Both swore positively that it had a very singular
lining—a blue, black, and white stripe; and both
identified the hat found in the railway carriage
with this of MuLtrit's. Mr. WALKER and his
foreman swore that it was of their make, and that
they had never made, according to the former,
more than one or two, or, according to the latter,
more than three or four, with such a lining, and
had never seen it used by any other maker. It
was, in fact, a pattern which had been sent only
to them with many others from France. And this
hat, on trial, fitted Mum.=
We have in this summary left out of view the
discrepancies in the evidence of MArrnsws, be-
cause they are at the worst explicable by his
irregular habits, and by his wish to withhold
information till the highest reward bad been
offered. For though 2001. was offered at once by
Government and the Bank, the Railway Com-
pany did not annonuce their intention of giving
1001. more for several days, though the news-
papers frequently declared that it was expected
they would do it. We have also not adverted to
the falsehoods told by MULLEa as to his having
possessed the murdered man's watch and hat for
several years. Nor need any remark be made
on the evidence of Mr. THOMAS Lae, who being,
according to his own account, the last friend to
whom Mr. Bemis ever spoke, sod having seen
him within two minutes of the murderous assault,
at the last station at which the train stopped, could
not be " bothered " to come forward to tell of two
strangers he saw in the carriage till many days after
the occurrence. For the leading facts, established
by indisputable testimony, are these : That
Muurit and Mr. Bat.A.s were in the same distant
neighbourhood at about the same hour on the
night of the murder, the homes of both being on
the North London line; that 1111;Ltra did not
reach his home till at least after eleven at night ;
that being in want of money to pay his passage to
America, he raised it by pawning Mr. BRIGGS'
I chain on Monday morning ; that although so poor,
Mr. limos' watch was found in his box ; that a
hat made by Mr. Baicos' maker, but altered in
an unusual manner and just so far as to get rid of
the name, was also in his possession, while a hat of
• description of which only two or three had ever
' been made in England, and identified as his, was
found beside the murdered man. Against these
facts the jury could not give heed to the sole

favograble carcunistanne that no spots of blOod were
noticed on his dark dress, nor to the allegation
that he was too slight to pitch his victim out of the
carriage. We mus 4 remember the strength which
excitement gives, and we may fairly ask where
Mamas was during the whole night, of which his
defence gave no socount, and which therefore
might, on the supposition of guilt, be employed in
removing the appearance of a few spots of blood
from a pair of dark trousers and a dark cost,
never recovered •so as to be subjected to critical
examination. These bale possibilities of innocence

cannot overcome the irresistible conviction in-
duced by the concurrence of so great a variety of
independent circumstances, each of which is
naturally capable of explanation only by the fact
of his guilt. It is this combination which gives
circumstantial evidence its damning character ; and
the verdict of the public will, we think, concur
with that of the jury in regarding it in Muxxxx's
case as conclusive.

ebt Court.

BeiLIKORAL, OCT. 28.

The Queen went out yesterday morning accom-
panied by Prints m Beatrice, and attended by the Hon.
Emma Lasesßal.

In the afternoon her Majesty drove to the Fails of the
Garbhalt, accompanied by Prioress Helena, and attended
by Lady Augusta Stanley.

WINDSOR CASTLE, Oct. 29.

Her Majesty, accompanied by Priories Helena, Prince's
Beatrice, Prince Arthur, and Prince Leopold, and the in-
fant Prince Albert Victor, arrived at Windsor Castle this
morning at half-put nine o'clock, from Scotland.
The suite is attendance consisted of Lady Augusta
Stanley, the Hoe. Emma Lemmalies Lord Alfred Paget,
Lientenant-General the Hon. C. Grey, and Colonel the
Hon. C. B. Phipps
Primer Louisa, attended by Viseouttess Joselye, Colonel
the Hoe. D. de Roe, and Dr. James stopped at Carlisle so
sleep, and will arrive at Windsor Castle this evening.
Prince Alfred, attended by Major Cowell and Lieutenant
Haig, left Windsor yesterday for the Continent.
The Prince will proceed direct to the University of Boon,
where be will prosecute his studies, a hones having been en-
gaged there as a residence for his royal high's= for some
months. _ _

OCT. 30.

Princess Lords*, attended by Vicomte's Jocelyn, Lieu.
tenant-Colonel the Hoe. D. de Roe, and Dr. Jammer,
arrived at the Castle last evening shortly before 8 o'clock.
The Queen, Princess Helena, Prisms, Beatrice, Prince
Arthur. and Prince Leopold, and the Ladies and Gentle-
men in Waiting, attended Divine service this morning in
the private chapel. The Rev. C. Terror, chaplain in ordi-
nary to her Majesty, officiated.
Lord Cremorne and the Hoo. Mortimer Sackville West
arrived yesterday as Lord and Groom in Waiting to her
Majesty.

The Countess of CaWoo has ationeeded Viceonntore
Joeslye u Lady in Waitirm to the Queen.
Dermilehee were reeeived ea Saturday at the Coloeial-
office from the Governors of the West lodia Woods, 'Van-
couver's Mood, and Canada. Dequtchee were lent to the
Governors of the North Americus Provinces and Bermuda.

DEATH OF THE MARQUIS OF BRISTOL

We have to announce the death of the Marquis of
Maid, which took place yesterday morning shortly after
5 o'clock, at Ickworth• park, near,Bary St. Edmueds. For the
lest four weeks the respected marquis had bees considered
to a very critical oondition. On his arrival home from a
tour in Germany he was in such indifferent health that Dr.
Gardiner saw him when he arrived at the family residuum in
Bt Jarnes'esquare. The Earl and Countess Jermya and the
nearest members of hi family were with him at his death.
Lady Georgians Grey and Lady Augusta Seymour had been
staying some days with the marquis at Ickworth. Oo
Saturday and yesterday her Majesty the Qum met to in-
quire after hie health.
712* late marquis, previously to succeeding to the
title on the death of hi. father in 1859, as the Earl
Jestayn represented Bury St. Edmund, in the House
of Commons from 1830 up to the time of his father'.
death. Consequently he was in that assembly prior to the
passing of the Reform BM, and, is a tory, at that period
voted against that meuure, and uniformly voted against
the whig party. It wee not until the late Sir Robert Peal
wee called upon to take the helm of the government, in
1841, that the Earl Jermyn was convinced of the necessity
of going with the able men who adopted the progres-
sive course of their illustrious leader. The Earl
Jermyn had accepted the post in her Majesty's house-
hold of treasurer of the Queen's domestic household.
but on the retirement of Sir It. Peel he relinquished th►t
aloe, and ever afterwards, both in the House of Commons
end in the Upper House of the Legislature, supported the
administration of the late Earl of Aberdeen, and of our pre-
sent Premier. At the division in the House of Lords at the
close of the last session, the Marquis of Bristol recorded
his vote in favour of the policy of the government. It
was his last vote in that assembly. The late mar-
quis ia miceeded by his eldest au, Frederick Wm. Joha,
, Earl Jermyn, M.P., born 28th June, 1834, and married in
1862 Miss Geraldine Amoy, the youngest daughter of the
late General the Hon. George Anson, who died in India, as
commander-in-chief, on his way to Delhi, is May, 1857.
Be was Bret elected as member for the western division of
Suffolk in 1859, which of course becomes vacant by his
seesesion to the Howe of Lords.

The Princess Louisa, whose indisposition de-
tained the court at Balmoral somewhat lowa than had
been originally intended, broke her jams" son* at Oar-
Mae on Friday night, when the Qeeen travelled to Windsor.
Her royal Meioses stayed at the County Hotel, &mom
ponied by Dr. Jenner, Visouuntees Jocelyn, and Colonel
the Hoe. Dudley de Roe: and, having passed a tranquil
night, resumed her journey south on Saturday morning at
11 o'clock.

His Royal Highness the Field Marshal Coro-
mandieg-in-Chief has bees plowed to approve of the fol.
lowing officers being appointod aidende.carnp to Ilia Ezosl.
loony the Lord Lieutenant of Ireland in addition to those
before mentioesd :—Lieutenant the Hon. T. C. Soot; Rile
Brigade; Lieutenant A. Moreton Wodebeeae, Royal
Artillery; Lieutowtat L C. A. A. de Oita, Royal Artil-
lery, and Corset C. F. A. Howard, 11th Hussars. The
Hon. Ralph Harbord has been appointed Gestleman.at-
Ltrill•

Ilia Excellency the Prince de la Tour d'Auvergue
has deferred his intended arrival in London fora few daya.
the excellency at the eleventh hour received the Emperor
Napoleon's commode to meat his Imperial Majesty at
Nice.

The Marquis and Marchioness of Hastings, the
Earl of Westmorelaost, and the Earl of Glasgow has ar-
dred at the St. Georgia Hotel.

The Sari and Countess of Air!ie, who are stay-
ing at Lord Stanley's town house In Dover street, will leave
town in a few days for Aldiuley Park, Lord sad Leal
Stanley of Alderley's seat in Cheshire, is order to join
the party about to meet for the wedding of Visoolaut Am-
barley and the Hos. Katherine Stanley.
The Earl and Countess of Dalkeith are with the
Duke and Duchess of Biteelowth and family at Drumlin.
rig Coeds, Dumfriesshire.

Lord and Lady Chelmsford and the Hon. Miss
Theater are expected to leave town on Wednesday next
for Rome. The noble and learned lord and family intend
to pass the whiter in Italy.

Lord and Lady Walter Scott are at present
staying with Lady Hartopp at Four Oska, Warwickshire.

The Right Hon. Sir P.obert Peel, Bert ,
sad Lady Emily Peel, arrived at their boom in Whitehall.
videos on Saturday from Colonel P.. aad Lady Jane
Taylor's residenoe at Sandia**.

Mims Braddon is said to be at work ow a fire-act
comedy for the Haymarket Theatre.

The Phormio of Terence will be the Westminster
OAT WI Ma.

EXTICTED VISIT or Leap PALIIZILSTON TO BUR-
IIINGESII. IS ecpeeted that the Brehm:l.B.room in the
sew building at Stepheason•plan will be opened towards
the end of December, and the direeton of the company pro-
pose that it sboald be done with some Mat. With this
view they have resolved to invite Lord Palmerston to van
Birmingham. The mayor, the Chairman of the Exchange
Baildsog Company and the Vial• President of the Chamber
of Commerce have been appointed to wait up= hie lord-
Yap with the lavitetioe.—Dirseiegheit Awned.

LATEST INTELLIUICOUL

AMERICA.

REPORTED DEFEAT OF GENERAL
LONGSTREET.

A private despatch has been posted at the Liver-
pool Exchange news-room, which is stated to have
been received vik Cape Race, the China having
called there on the 23rd. The telegram
is to the effect that on the 18th General
Sheridan attacked Longstreet, who succeeded
Early, at his fortified position at Fisher's Hill, in
Ithe Shenandoah Valley, where a previous victory
was gained over Early. The fight is said to have
been very severe, but the result was that the Con-
federates were totally routed, with a ices of 80
guns and 7,000 in killed, wounded, and prisoners.
It appears that the China did call at Cape Race,
and therefore may have brought two days' later
news ; but the news of a Federal victory has not
met with entire credence, as the near approach of
the presidential election is considered likely to have
stimulated the circulation of military news favour-
able to the North.

The Manchester Examiner publishes a telegram
agreeing with the above, supplied by its own tele-
graphic agent in New York. The information (it
observes) is in entire accord with that furnished by
the Reuter telegrams of the 19th. Our telegram of
that date said that on October 14 Sheridan
moved to attack the Confederates, near Strasburg,
but that they retreated without accepting battle.
Other telegrams say that on the 17th the Confede-
rates were entrenching themselves at Fisher's Hill,
two and a half miles from Strasburg, and the scene
of Early's recent defeat. According to the new
telegram, of two days' later date, a battle was
fought, probably at Fisher's Hill, on the 18th, in
which Longatreet was defeated. The correspondent
states that the fifty guns said to have been finally
captured from the Confederates included twenty
which they had taken from the Federals early in
the engagement. This is significant. It indicates
quick reverses and probably a bloody story, the
details of which, supposing the news to be true, we
shall learn by the next mail.

(MIMI'S TELEGRAMS.)
FRANCE

LYONS, Ocr. 31.

The Emperor Napoleon arrived here yesterday
evening at half-past 8 o'clock. His Majesty met
with a warm and enthusiastic reception.
A grand review of the army of Lyons will take
place to-clay.

JAPAN.
SUCCESSFUL ATTACK ON PRINCE
NANGATO'S FORTS.

FORCING OF THE STRAITS OF SHIMONO-
SAKI BY THE ALLIES.
(By 441444raph from Suez.)
BOMBAY, Om 14.

•
The French steamer brings news from Japan,
announcing that the allies had forced a passage
through the straits of Shimonosaki with trifling
loss. The Japanese fought hard.

SHASGHAE, Barr. 21.

The allies have successfully attacked Prince
Nangato's forts in the Straits of Shimonosaki, with
trifling loss.
The Japanese have sued for peace.
It is reported they will agree to open the straits.
TERRIFIC HURRICANE AT CALUTTA.

SUEZ, Ocr. 30.

Calcutta was •isited by a terrific hurricane on
the sth inst, which caused immense destruction of
shipping•

The Nemesis lost her topmast and bowsprit and
was driven on shore. The injury sustained was
uncertain, but she was expected to be got off in
time to leave a few days late with the next mails.
The Bengal was also driven on shore, but was
supposed to be uninjured, although it was uncertain
when she could be got off.
The Nubia was dismasted.

No lives have been lost in any of the company's
steamers. The workshops are uninjured, but other
shore property has been much damaged.
The British India Company lost five vessels.

The Alphie (French ste;imer- ) was obliged to put
back damaged.

Behic and M. Baumann, which has been hitherto
opposed by Y Fould. _ _ _

The Moniker de Boir notices that Count de
Mensdorff Pouilly, the new Austrian Minister for
Foreign Affairs, is first cousin to the Queen of Eng-
land, his mother and her Majesty's mother having
both been daughters of the Duke of Saxe-Stilled-
Coburg.
The French government journals give out that,
not Count de Mensdorff Pouilly, but M. de Schmer-
ling is now the leading man in the Austrian cabinet,
and they claim him as a thorough-going convert to
the French alliance. He is also, they say, ready to
make great concessions—all concessions, in fact,
compatible with the dignity of the empire—to
Hungary.