The Express.
London, England, 1864-11-12 00:00:00

BRITANNIA

Tine Itvegrea. THE ilooTHElni DYING CHILD. Mn. S.
lane. - Slatting by N 1 Albert Steele and !Lille Dona—And
(11.1D0 FAWK rand Display of Firework, and Burning of
Guy Fawkci —C..mattlu.e at

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TRIS Dot M ruing, oh. Wm._ iftcrown, Oh. 41m.
IJ 31,1t5..W ML ruing, lh. ;m....Afteruoon, Itt.

LONDON, SATURDAY, 110 EMBER 12.

As the hour for the execution of FRANZ MULLER
approaches, the friends of that unhappy man are
redoubling their exertions to obtain at least time
for that public inquiry which they strenuously
affirm would d-stroy the credibility of the evidence
on which he has been convicted of murder. It is
very remark ible that they should now be asking
for what was so lately within their power, and
which they voluntarily threw away. It is certain ,
that if Mui.l.eiCa counsel had intimated at the last I
session of the Central Criminal Court that they
had not had sufficient time to prepare his
defence, no objection would have been offered to
the postponement of the trial. Now, however,
that the prisoner has been convicted, the law fol-
lows its ordinary course. In some countries pri-
soners convicted of capital crimes live a long
time in prison ; in some of the States of the
American Union, never less than a year ; but
in England. sentence is speedily followed by exe-
cution. We cannot but think that it is unfor-
tunate, remembering the recent estrangement
between England and Germany, that the ques-
tion of 3li:LbEit'.• guilt should be so differently
viewed by the two peoples. There is probably tot
a German in England, perhaps not one on the Con-
tinent, who acknowledges that MULLER has been
fairly convicted. We doubt whether this opinion
has entirely grown out of what they have observed
of the trial. We noticed before Muttre was
placed in the deck the effect which had been pro-
duced on his countrymen by the lamentable course
taken by so many of the English newspapers in in-
flaming general opinion against him, on the
assumption if his guilt, before he was ever: in the
hands of justice. The unhappy departure of the
Press from the old English usages of justice and
decency can never be sufficiently regretted, and we
are reaping the fruits of it. It is in vain for
those to protest against any interference
with the judgment of the courts who have
shown so little reverence for the decision
of justice as to presume to anticipate it. The Ger-
mans do ncr affirm that MutLea's trial was inten-
tionally unfair--on the contrary, they give the
C,iurt the fullest credit for a sincere intention to
do its duty ; but they say that the jury and the
witnesses for the prosecution heard, recollected,
compared, ael inferred under the unconscious but
pcwerful ii,emuce of a foregone conclusion. It is
difficult fer ;lishinan to enter at once and
entirely int, the various objections which those
who has, been accustomed to continental
systems of criminal procedure make to the
practice of our courts. They apply not only
to our leg:d t ims but to the very habits of
our mind,. The English, they say, are eminently
a practical, business-like people, fond of despatch,
prompt in deci.imi, impatient of delay, eager for
results. A great crime has been committed,
society has been thrilled with horror, and
eanuot be traieitiiilised except by the assurance
that justice has overtaken the culprit. All this is
natural, teal might take place elsewhere. Ilut in
England, the coentry of public spirit, every man
makes the case I.is own. If strong evidence of the
guilt of any particular person is to be had, well ;
if not, the best that can be obtained must be had ;
and magistrate., witnesses, judge, and jury will go
to work under the public necessity of c lining to a prac-
beat resell. The habit of forming decisions rapidly
and in abinelame upon imperfect data, as every
man does in active life upon a balance of proba-
bilities, ant, era very well in the long run when
ordinary affairs are concerned, but it is shocking
when it is hiemeht to bear on so solemn a resolution
as that by e !, oh a fellow creature is to lose his life.
At such e tone nn probability, however strong, but
only cert..inty, coin justify a fatal decision. This,
we say, is letw the :erwans reason. Then they
further olt; to the way in which we set about
determining the guilt or innocence of the accused.
They say that a great English trial is not so much
an inquiry as a tight. The prosecution has its plan
of attack, and the prisoner's counsel his system of
defence, and with these they go into action. The
prisoner's counsel makes up his mind to esta-
blish certain facts, and if his scheme is a wise one
the ienocent iannor may escape. But if his plan
of defence is neat wall contrived, the prisoner's cause
will he liepeiessly damaged, for there will be
evidence valit dde in the connexion of the true
scheme which lie will purposely exclude, and for
this nothing but the system which converts a trial

into • battle will be to blame. Another point ea
which they impeach our practice is thiegering of
money for the production of evidence on which
human life may depend. We need not reproduce
here the very strong language which the French
and German press has applied to the evidence of
JONATHAN MATTHXWEL To the plea that evi-
dence however obtained is taken for what
it is worth, with a full knowledge of
the circumstances under which it is brought for-
ward, they say that the feeling which dictated the
offer of • reward is present at and governs the re-
ception given to it, and that those who are ready
to pay a man to open his mouth will be predis-
posed to believe him when he speaks of facts which
they cannot test, but must believe, if they accept
them at all, on his evidence alone.
This, we repeat, is the way the Germans look
at the matter, and they are rather confirmed than
shaken in their opinion when they think of the
general and easily-given consent of the English
public to the verdict which proclaimed their corm-
, try man guilty. Ten or twelve days since English
opinion might be said to be unanimous on the sub-
ject. But it is impossible not to perceive a change in I,
this respect. The majority no doubt hold as firmly as
ever to their belief in Dlumait's guilt, but the dis-
sentient minority is rapidly increasing. It is recog-
nised that the account given by Mum.z• of the places
where he spent his time on the evening of the mur-
der is • possible explanation, and the identifica-
tion of the hats cannot be said to be so certain as
it formerly seemed. It is on the Hone SZCRE-
TART, however, that the responsibility now falls
of appreciating the facts laid before him by the
Memorialists. If he rejects their prayer, no doubt
• great many people will give him credit for a
healthy practical sense of his functions ;
but a great many also will feel that, when so much
is doubtful, resoluteness approaches to rashness.
On the other hand, a very short respite, such as
would just suffice to give time for a careful exa-
mination of the new evidence offered by Muu.r.a's
friends, would not prejudice the interests of jus-
tice, and might remove • state of uncertainty which
at present is most painful to those who are con-
scious of it. But, whatever may be the course
taken, the countrymen of Mi.-1.1.en should believe
completely, what may be affirmed truly, that
British justice deals with him precisely as it
would with a born Englishman.