The Express.
London, England, 1864-09-13 00:00:00

PROVINOIALL SHARE MARKETS.

Irroarooy BErr. 12. —Sales thin y :—Caleelooden, 1131—•
Great Easters, 469 .--ilreat Westarn. 416—Lencashire and York-
shire, 114 I—Loon and North Western. 1119 ad—Manchester„
Shefbeld, and Lincolnshire, 649 ,i—Mistentiolltan, 1049 id and
North Staffordshire, 74—South -Eastern, 139 ad and a—Birken-
head, 869—Great Western of Canada, 113.1{—Dutch fth.nish,
24 p —Great Luxembourg shares, 91—Spanish Passives,
—Confederate Loan, 83 80 all—Bmtern Ea-
clamp Bank (Limited), 3-16 9p.—Mereentge and Exchange
Bank (Walled), 39 bl 6 1d b and n p-ditto, new shares, 39 i id
b and np,—Natainal Bank or Leery of 'Limited). 6 p.—North
Weider., Bank (Limped). 44 9 p.—Altaon Marine iLlaritecC, k
3-16 d.—British and Foreign Marine (Limited.. 24 30.—i4neen In-
surance, 1 3-16 p —Union Marine (Limited'. 29 p. —National
Stearn NairigaUoix Company. 71 I it
KANcuersz, —A pretty fair business wan done aff
steady pekes. Consolidated Bank (Limited`, 64 p.--Great
Eastern, Mk—Great Northern, A, 138—Great Western of Ca-
ai—Graeks. sa—Great Western, 684 (,enrol Credit.,
v.—lllinois Central. 424 d.—Ditto, paid up, 33—London and
North Western, 1119—Mancheater, She Meld, and Lincolnshire.
644 8 4—Metropolitan, 166—Ditto New. I p.—Midland, 1214—
South lantern, an—Spanish Passives, 31—Thames and Stoney
Marine /1114111111 Ce, 44 p.—Confederate Loan, 481( 3 4 3 n 2 1 801
it 9—London and Colonial Marine, 9 d.—laaatshire
lna-
maee.4 p 39 —National Sievunii7l4.
BfingUIGBAX, 81/1.. 12.—AoUth Staffordshire wig &lei
tot. la. W. to 104. Is. 6d.: Birmingham Canal, 866 to 879:
what= Bank, 244 to 18 ; farmingimm Flnancialkll to 14 prem.,-
Alliance Fire, par to prem.: Patent Axle, 8 to 39 prom .
_sal
Montle Metal. I toll din. Staffordshire and Wormetenhiris
Canal changed hands at 474 per share. The Alliance Fire Insur-
ance Settlement has been lied for the lith inst.

OAKHAM Hosts Fem.—This fair wan held on
Friday last, but was not so well supported by the leading
agriculturists as it deserved. The show was by no means
large, and these wee a great scarcity of hunters. The prin.
cipal class of horses offered was that of useful two sail
three year old red and drag homes, which realised prices
from 251. to 301., and a pretty good show of mane aced
foal. There was • very apparent depreciation in the vales
of these, and that to a peat extent
biros:re or WHEAT. —The wheat importations
recently have been sufficient to indicate that our prime have
not yet Wee to a point to render it unprofitable for the
Imago grower to ship to the United Kingdom. Our tin.
poetasters for the first half of else pretreat year were almost
exactly similar in amount to thee* of the ocerespindiag
period of 1863. which, although considerable, cent mode-
rate In inuiparims with those of 1862. Knee June, how-
ever, the arrivals have increased, the total of wheat and
Boar for Joy being 663,429 quarters, or about 36 per
oast is *ZOOM of those of July last year. Nearly half of
this quantity arrived from the United States, bet from the
amount' of their harvest this year there is little
reason to believe that the supply from that quar-
ter can be long kept up. no symptoms are
that Germany will duriog the ensuing sawn be the ptin-
cipal outributor, and that increased quantities may also
be expected from Russia and the Danubian Principalitisa.
The total seat hither from Germany during July wan
129,642 quarters, against 56,029 in July last year. From
Ramis it was C 4,193 quarters, spinet 57,946, and from the
Principalities 10,568 queried, Nausea 1,997. The importa-
tion; of all other desoriptioas of grain this year have
throughout been much below those of last year, although
we are likely to require good supplies of oats and beano,
the present harvest having apparently proved greatly de-
ficleot in thou mops. It is at the same time certain that
than trill he as active trade with America in malted pro-
vinces. *wingto the high prime it meat cod dairy 'vises
which are expected to prevail during the next eight slontimo

SURRENDER OF • 11-lILLER:

The hearing on the extradition case of Franz
Muller, charged with the murder of Mr. Thomas
Mgr, bear Hackney, London, on the 9th of July
last, was resumed on the nth ult. before Com-
missioner Newton. The British government,
through its consul, was represented by Mr. F. F.
bfarbury ; the accused by his assigned counsel,
Messrs. Chauncey Shaffer and Edmond Blankman.
The examination took place in the United States
District Court-room, which was thronged with per-
sons who evinced the greatest interest in the pro-
ceedings, and who anxiously sought for a view of
the accused. The latter sat beside his counsel, with
an unmoved countenance and a calm demeanour,
apparently the most uninterested and unaffected
person in the densely crowded court.

- Mr. Blankman said that as the prosecution bad closed
their cam yesterday, having bad everything in preparation
!ear submitting it to the court, it devolved upon him to
make a few remarks in urging upon the court an applica-
tin for an adjournment, to give the counsel assigned for
the accused an opportunity to read over the tortimooy, and
to agree upon the proper line of defence. There was, how-
ever, much to urge preparatory to entering upon that stage
oldie proceedings. The warrant issued for the apprehension
of Muller set forth that " on the 9th day of July instant he
(Muller) aid feloniously, wilfully, and of malice afore-
thought, kill and murder one Thomas Brigp." If a case
of murder had been made out in accordance with
the statutes of Great Britain and the law
of this land, the duty of the court would certainly
be a plain one. But if to the mind of the court this did not
appear to be (as it did not appear to him) legal evidence of
a murder having been committed, then the case did not coma
within the treaty of 1841, and there were no grounds what'
aver for the apprehension and commitment of the accused.
If the case even be one of manslaughter it would not cone
within that treaty. Whatever view might be taken of the
ere, it would be but an act of simple justice to allow counsel
for the defence an opportunity to examine the testimony
adduced against their unfortunate client. He, therefore,
moved that the further hearing of the case be adjourned in
order to love counsel time to prepare their defence.
Mr. Merhnry, on the part of the British government,
opposed the motion for adjournment. On the day of the
peewees arrest Mr. Beebe had been assigned by the
court counsel foe the accused. Th►t gentleman had 'te-
mpted the teak and had an interview with the prisoner,
and it was expected that he (11r. Breebe) would have been
present to defend him on the day fixed for the examination.
The deposition in the CM had been heeded to the two able
counsel subsequently (in consequence of the absence of Mr.
Beebe) cosigned for the defence, and those gentlemen were
present yesterday when the testimony of the witnesses was
given. This inquiry was a preliminary one. The commis-
sioner was sitting in the capacity of an ordinary committing
magistrate, not for the purpose of determining whether
this man was absolutely guilty or not, but whether
there was a sufficient degree of suspicion of criminality
again.: bini to justify his commitment for trial, supposing the
offence ..barged had been committed here. In other words,
supposing. instead of Mr. Brios baying bees murdered
between Bow and Hackney, he bad been murdered between
Twentyreventh-street and Harlem, under precisely similar
circumstance as appear in this case, the question then being
whether the evidence that bar been presented would jus-
tify the commitment of the accused for trial is t►e ordinary
way aria according to the due course and process of law,
He (Mr. Alarbory) would extremely dislike to do anything
bearing even the appearance of a desire to withhold from
the unfortunate man any privilege or right which belocged
to him ; but it seemed to him that the request made by
counsel was not a reasonable one. The whole facts lay
within an exceedingly narrow compass ; and from the
reading of the deposition, and from the testimony ad-
duced yeeterday, the general conclusion arrived at must be
that, whatever the ultimate fate of the man may be—what-
ever the result of the more formal and legal investigation—
enough has appeared and transpired here to justify his com-
mitment. What follows'. He is committed for trial ; he is
sent to the scene of the murder, to the place where he can
thed and produce witnecies who will state all the circum-
stances of exculpation that can be found. A great and
appalling crime has been committed, and circumstances of
great weight sad moment connected the accused with the
commission of that crime. Necessarily the case mus►
undergo an investigation, and it is not depriving the pri.
goner of the right to the fullest and amplest defence
secured to him by the common law of England, and by the
practice of English jurisprudence, to commit him for trial.
Redid not think anything was likely to arise in the cane
that had heretofore failed to present itself to the experi.
need and acute counsel who represent the accused on this
occasion, and it appeared to him that great inconvenience
and detriment would arias from any postponement of the case.
Mr. lila carman briefly responded to the remarks of the
couceel for the prosecution, urging anew his motion for a
brief adjournment.
Mr. Chauncey Shaffer followed for the defence. He advo.
rated no new doctrioe, advanced no new law, when he de.
dared that there was nothing in the evidence before the
court to j ossify the commitment of the accused on the charge
here preferred spinet him. The accused was a foreigner, •
German by birth, who had • few days since arrived on these
shores in 'he ordinary course of transit. When any man
thus !midi here he is presumed to be innocent of any crime.
The law tureen around him that shield of presumptive
innocence, and he I. secure ; and that power which sends
forth Beets and armies, and which on this occasion is embo-
died in your Honour, is here to shield and defend him from
any violation of that principle. He was not present to-day
to quarrel with the policy of England ; but here he would
fearlessly state at the outset that be did not regard the
treaty wader which it was sought to extradite this
man as anything else than • violation of the co ati.
tutioo of the Coiled States, and utterly inoperative. Bet
why should he, • pigmy, go forth to meet in conflict the
dead chanipios of the nation and constitution! But even
he bad heea overruled as a lawyer. The great Webster held,
sod awl wrote, and declared that McLeod, who
emend the Canadian frontier and landed at Skew's., and
who murdered Duprey, and set the steamer Caroline on
fire, sod thee set her afloat so that she went down into the
wablirce depths of old Niagara, that be should be set at
large. Great Britain defended McLeod's acts as justified by
the mixed and unsolsoin state of war that then existed.
Webster was for discharging that man after he bad been
arrested on the soil of New York and indicted and held for
trial on a charge of murder. But the Supreme Court of
t►is elate held him, and be was tried and acquitted;
but the dignity and sovereignty of the Empire
State was vindicated, and Excelsior is her proud
title still. Now the consti►ution of the United
States provides that no ran shall be put in peril of his life
se liberty except upon indictment by a greed jury, or pre-
sentment of a grand jury, which means the same thing.
The extradition of this man is claimed by virtue of • treaty
between this country and England. Treaties are mad* by
the Pti.e:dent and submitted by him to the Senate, and
when ratified by that body they become part of the law if
the land, with almost the same binding force as the eonsti-
tutieu self, if the treaty be not in violation of the consti-
tution. lie would not stand there and say it were better
that the ration should perish than the constitution be vim
lated, Lut he would say that it would be far better for
him as so iodividual and for all others that this once
prowl island and all it contains should be destroyed—
better, indeed, that this goodly bland should become a
sand bank for the storms of earth and ocean to meet
is conflict dire; that it should be a spot for so
monsters to fatten on—than that the supreme law
of the lend should he violated directly by the treaty-making
power or any other power. Now, by this treaty you are
asked to surrender this man to be tried for his life before he
is yet indicted. Is that the treaty is is contravention of
the coustitutiom You are asked to do what the President
and Coreress could not constitutionally do—pot this man in
peril Lis life before indictment for any offence is found
&guest him. Ho did not ask the court to say that the treaty
was ueeeastitctional, but he would show conclusively that it
was atpresentsuspended by the act of the British government
itself, who seeks here for its enforoement. The ocean is a.
much • r er ion of the heritage of the American peoples. the
broad prairies of the West. He would come briefly to the
main point of Lis argument. It wee an elementary prin-
ciple reccgnised by the law of nations that a
state of war between two nations suspends the
operation of all treaties. But it may be said that
there is no war between this country and England—
neither is there in their sovereign relations ■nd opacity,
het there is war notwithstanding. There does exit what
the eniioeut Cretins terms "a mixed end linoleum
state of war" between the two nations—between the subjects
of England on the one aide, and the subjects of the United
Mateo, as represented in her commons on the ocean, on the
Ober. The teat is easy of applicatioa. For instance, the
elbows who are here in court to-day representing their
erieweige, while in pursuit of Shia mac, supposed to his

THE E

bands red with the blood of his fellow man, were actually
afraid that this supposed murderer would escape eoadign
punishment. Why? What gave rise to their fears? The
fear that • pirate vessel infesting the ocean—the highway
of nations—mot out Irons the friendly English ports by
British eubjects— would snatch from British jingles
that which British justice was in pursuit of—
Britain committing suicide upon her own justice. That is •
state of war, and that state of things, by the common Don-
Rent of mankind, suspends all treaties between the countries.
There is that hostility on the part of English subjects
towards this country which the writer on international law
deaoiumate " mixed and unsolemn war," and which can be
carried on without any formal declaration of war. There
are three sorts of war—public, private, and mixed. Mixed
war is subdivided into solemn and unsolemn war. When
hostilities are carried on without any previous declaration of
war. that becomes a mixed and mistletoe war j and this, as
in any war, laid' to the suspension of treaties previously
existing, being • war between the citizens and subjects of
one nation against another nation; and that nation of
power which cannot prevent this state of things, that nation
that cannot control its own subjects ceases to be a nation.
England cannot say she is neutral in this matter when she
furnishes our rebellious subjects, with vessels of war, mane
them, opens her ports to them, furnishes them
with wins and ammunition, and sends them forth
on their errands of destruction, burning merchant
ships and destroying the commerce on the seas of • friendly
power. The Alabama, built and armed in England, and
manned by Englishmen, sunk and burned one hundred and
twenty of our ships ; and when at last she meets the fate
she so richly deserved, we find au English subject on his
yacht snatching from an American officer his legal captives.
Look at the case of the steamer running from this port to
Portland, in Maine, 'sized by pirates—the engineer mar-
dated, passenger, murdered, the vessel brought into an
English port, and the murderers and pirate, protected by
British subjects. But as in the case before the court, when
• man is found murdered near London, they pursue the
supposed murderer to our shores, and cry treaty, treaty,
treaty. They tore that treaty to pieces three years
ago. (Applause.) Nay, more than that, greet
argosies, laden with the choicest treasures of the
nation, have been sunk in countless numbers,
with connivance and consent of this neutral, friendly
power. The torch has been applied by the pirate Florida,
built and sent out by English subjects—a robber on the
highway of nations, murdering our citizens, arid destroying
our commerce and humiliating the nation before the world,
so that no longer is it an honour to claim to be an
American citizen. This was not so much the set of
the government or of the people as of the aristocracy
who misrepresented the government and the people.
The latter were true to liberty and to the United States,
God bless them. This treaty, then, under which the ren-
dition of this man is demanded is suspended, and is •
dead letter until this mixed and unsolemn state of war
on the part of British subject' against the goverament
mass. England, to claim this man, must come into
court with clean hands. She must not come here and
ask of us to honour her justice when she dishonours her
own justice, breaks her treaties, and cries peace and neu-
trality while at the same time she lets slip the dogs of war,
and with piratical vessels drives our peaceful commerce
from the ocean. This cement long cioutinue. Better for us
we had war at once, when we could send out our withers
and assert our rights of retaliation on the ocean. The
times of Decatur are not forgotten, and we have a Farragut
worthy to take the tint place in any coated where the
pride and honour and courage of America is at stake. (Ape
plants.) Leaving the case of his client in the hands of the
court, he would close.

Inspector Tsnner was re-examined as to the height of the
prisoner and his personal appearance, to show that be
could sot be one of the two men seen in the compartment
of the railway carriage with Mr. Briggs on the night of the
murder.
This ended the osee for the defence.

Mr. Marbury, for the British government, then addressed
the court. He did not think it quite generous or becoming
in him to enter upon • criticism of the speech of the gentle-
man who had just spoken, nor would be attempt to follow
him through the wide sad discursive range of topics he had
introduced into the cue. He would even bold himself ex-
cused from the necessity of even as much as adverting to
many of the irrelevant matters which he had dragged into
the discussion of this question. All that was immaterial.
With reference to the treaty under which the accord
was claimed, whether that treaty was faithfully observed
or cot, was not • question for this court to determine.
That was for the executive government to decide, and
when the executive shall hays taken the ground that by
reason of the grievances to which counsel his go eloquently
referred the Ashburton 'peaty is of no further force or effect,
it will then be time enough for the courts to follow the
action of the executive. Bat so long as the governments of
the two countries regard that treaty as • subsisting
treaty then it holds its place midge the con-
stitution, next to which and under which it is
the supreme law of the land. It would be trifling with
the time of the court to pursue this point any further.
The only excuse or apology counsel could possibly offer for
the introduction of such topics must be in the fact that the
cue on its own merits affords no entertainment to the an.
dimes which the counsel is always expected to produce
whenever he appears in court. This is a very seriousand grave
business for this young man, and,lookiag upon him, one could
hardly conceive that he perpetrated the dreadful crime with
which he stands charged. And if be could escape from the
' evidences of guilt that come from so many quarters, all
converging and pointing to him, he (counsel) would expe-
-1 rience relief from a weighty responsibility. This is not •
case for sickly sentiment or sympathy if he be really guilty
of murdering the venerable mss (Mr. Briggs) in the way
described : then his crime is one of the blackest dye, as well
as one of the meanest and most revolting in all its aspects
that has ever been perpetrated. The facts are these
First. The corpus delide is fully established. At half-
past ten o'clock, July 9, 1864, Mr. Briggs was seen alive
and in perfect health. In two and a half or three and a
half minutes afterwards he lay moaning and insensible in
the six feet way of the North London Railway. The car-
riage in which he had been riding, and from which he
was throws, exhibited proofs of a recent and bloody
struggle. Several mortal wounds were inflicted upon the
&reseed, from the effects of which he shortly afterwards
died. Second—The evidence which has been adduced shows
clearly and conclusively that the prisoner is guilty of the
murder of Mr. Briggs, with which be is charged. On Satur-
day evening, July 9, between half-past seven and half-past
eight o'clock, Muller left the house of Mrs. Repsch, 124,
Jewry-street, Aldgate. He did not return that evening to
his lodgings as it was usual for him to do. On examining the
compartment in which Mr. Briggs had been assaulted and
11 murdered, a bat was found, made by T. H. Walker, No. 42,
Crawford street, Marylebone. London. It was crushed and
had marks of blood upon it, This hat is proved by the witness
Matthews, who has been examined here, and by Mrs. Repech
whoudeposition has begs taken, to have beloogedto Muller,
and to have been worn by him up to the time of the murder,
or amity so. Mr. Briggs' hat was taken by the murderer.
Muller, on the 14th day of July, had on at Mrs. Repech's a
nearly new hat, with • white silk lining. He told Mrs.
Reuch that his old one had been thrown into a dust hole.
When arrested here • hat is found stowed away in his box.
Mr. Briggs' hat is gone, and Muller I. found with one io
his box. From the person of Mr. Briggs a gold watch and
chain were taken by violence. This chain is proved dig.
Badly to have been in 51uller's possession on Monday, the
llth of July. Oa that day it was exchanged
by him at the shop of Mr. Death, 55, Cheap.
side, London, for another chain sod ring. This
other chain was pecked in one of Mr. Death'seard boxes and
delivered to the prisoner. He subsequently exhibited this
new chain and ring to several persons. The box, with Mr,
Death's name and address on, he gave to Mr. Matthews'
little daughter. On the 12th of July, 1864 (Tuesday), the
prisoner pawned this sew chain to Mr. Annie, No. 121, Ni-
non's, and received • paws ticket therefor. On the 13th
July (Wednesday), 1364, the prisoner sold this pawn ticket
to John Haifa, his room mate, far the gum of 125., which
sum he needed, es be stated, to pay for his pump to Ame-
rica. On his arrival here he is identified clearly by Mr.
Death as the person who sold him Mr. Briggs' chain. He
is also identified by Matthews as the owner of the hat
which was found in the compartment of the
railway carriage where Mr. Briggs received the
wounds from the effects of which he died. There is also
found in Muller's box • heavy gold watch, made by Archer,
of Hackney, where Mr. Briggs resided. Muller is not knows
to have bad any watch of his own. If he had be would
probably have exhibited it, or it would have been seen by
Matthews and other withers", to whom he showed the
chain and ring, and with whom he was oo terms of intimacy.
Third. The evidence is such as would plainly require the
commitment of Muller for trial if the offeoce bad bar com-
mitted here, and it results that a certificate lead's( to kis
extraditioe, that the use may undergo an investigation I.
England, ahonlel be granted.