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

The following is from the text of the memorial :

The facts that induced the jury to convict Muller were
probably these. hat. sworn to be his by Mat-
thews, was found in the carriage In which Mr. Bnggs re-
ceived some of hi. death blows. Upon Ibis matter of the
fat's Identity, it M to be observed that Matthews is not con.
roborated by soy person but his wife aid Mrs. Repsch; aid
neither Matthews nor his wife gave any information until
they had seen or heard that a reward of AV'. was offered.
They pretend that they had never heard of a terrible
murder with which the whole metropolis rang; though
Matthews admitted that he regularly read I.lopd's
IVerapaper. It is submitted also that it is not pos-
sible for soy man to swear to the hat of another, yet
Matthews took on himself absolutely to do so.
Muller was unquestionably seen on the 'Jib of July by Mr.
and Mrs. Blyth, by Repech, and by Haifa. The two first,
with whom be had lodged for seven weeks, could have ides-
Wad the hat, as one or the other of them saw, and perhaps
handled it every day for seven weeks, but they did cot idea-
tdy it. Haifa was as likely to know it as Matthews, but
the crown did not venture to ask bun the question. Neither
Ise nor the Blythe expected • reward. The hat found in the
carriage tease shabby one—Muller was remarkable for his
neatness of dress, and his constant attention I. his pe:soo ;
he was food of huery.—bad he worn such a hat it must have
instantly attracted notice. The Blythe must have Tema, ked
it at once. That be bad a hat made by Welker is sot
denied; but Muller declares that when he bought his
sew bat at Digance'a, the old one (Walker's) was so bad
that be left it there, and be never saw it after. Hata so
Mit, and not asked for, are well known to be afterwards
made up and sold to the pedlars, who dispose of them about
the city. But what real or conclusive proof is there that it
mulls hat, beyond the fancy of the batter •: Mr. Walker
says be sells three or four dozen such bate every week ; he
proposes to identify this by certain lining ; but no man's
BM should depend on so slight and doubtful • piece of
evidence. Matthews asserts that be bought Muffler's
Lt for him at his request, some months after he Lad
bought his own ; be asserts also that his (Matthews') hat
feu lined with the same remarkable pattern. It is submitted
that it is utterly incredible that a hat-maker would design-
wily keep this bit of lining for month. ; and that it is most
&whitely that it should happen accidentally that the tut
remaining fragment of it which he had should be attached
to this hat, which was made to order, sod was not one kept
in stock. The probability is, that the batter, when he used
me bit of the lining. worked up the other also on a bat in
mock ; but this hat is sworn to as having been made spiel.
ally to order. Although it might be correct that Mr.
Walker did not make up more than two or three hats with
listing of this kind, ouch lining was in the minket, and
would be sent to other hat-makers or lint-mender.; and of ter
all, it is highly doubtful whether any hat-maker con
with certainty say how many hats he lined with any
particular pattern of bong many months before his
attention was called to the circumstance ; nor did Mr.
Walker strengthen his testimony by reference teeny memo-
randum on that subject. That Mr. sod Mrs. Blyth, who
must have seen it every day for the seven weeks preceding
the murder, cannot identify it, ought to weigh more than
this trivial surmise. It was admitted at the trial that
Matthews had bought a hat in every respect similar even as
to lining to that which he swore as being Muller's, with
the exception rally that it was a little more turned up ; he
said that it was from seeing that bet that Muller took a
fancy to it., and wished one like it, which the hat produced
at the trial was. In this fact, of the "little more turn up,"
be was not corroborated by either Mr. Walker or his shop-
man. But the hat which Matthews himself had wore, rod
which was said to be in every particular, save the
tern up, like that of Muller, was not produced at the trial,
nor was its absence in any way accounted for. That also
may have been found, or sold, or dressed up by some pedlar
and worn by another. It may have passed to Petticoat-lane
—the haunt of thieves—and been there bought by some one
whose employment is theft; it may be lying at the bottom
Of the Hoddeedon pond, as testified by Mr. Beneet. It is
too violent • conclusion to arrive at, that where two hats of
remarkable lining exist, the one produced belongs to one
only of two iudivaluels, the more especially as the conduct
sad evidence of one of them, the cabman, was marked by
several suspicious Kota, nail distinguished too by cootradtc-
time of • very important character. If it is to be taken
that Matthews dues not know tibia beanie of his old bat,
why should Muller be condemned because ha also is ignorant
of who took away ha:
One of the most singular circumstances in this awe is
that these two men should bane hats so nearly alike. Muller
positively declares that he bought at Mr. Ingiume's tie bat
which in n.ti.l to be that of Mr. Briggs, and Le ryes the very
dates, that is, between the 14th and Junk of May last. It
may be said that it was too expensive; but Muller was a
man who spent a great deal in personal decoration. He
asserts that after be bought it he was rallied upon it as being
too tall for him, and that this was the reason be cut it
down. Ile asserte most liesitively that the Repschs saw him
cot it down, and tithes be was ironing it. Repseh advised
him to wet his rag as batters did. He dreci ibed to •
member of the committee the appearance of the &Lomas. at
Mr. Itig.mcc's froto whom he bought it. Two of the com-
mittee went to Diganer's sod saw that shopmao ; his de-
seriptiou corresponded exactly with that given by Muller.
Mr. Digauce himself was questioned about the safe of such
a hat, and was politely asked to let his day-hook for May be
men ; but he ref :mad to give any information, nor would he
let his day-took be examined, nor could he permit his
assistant to give information ; stating on Lis reason, that
Muller WWI a murderer. Now if it could be proved that
this hat wax really purchased by Muller at Mr. Di-.anes's,
the case fur the prosecution would he greatly weakened, it
not wholly destroyed. Muller amen. that it car.. It is not
unreasonable, therefore, to ask only for a respite, that this
matter may be Inquired into.

It should be oLserved here that the statement as to only
two or three bats baking losing of this de-Kr-Thin was
never rucutioned until the croseezamiusition at the trial.
when the witness was probably flurried, and bud no means
of refresi.in; his recollection. Evidence given under such
circunistrooes does cot deserve weight; and, after ■ll, it
may turn out that there were dozens of hats hied with that
particular pattern. Nu Wood, or mar kof bloat, was found
on the hat which is supposed to base lawn Mr. Briggs's. It
is imposaible that it could have escaped some spot in the
blood-stained carriage, nut io the fe.olu/ struggle. This goes
far to prove it was nut Briggs's hat.
ft is no part .-f the duty of the memorialists to throw a
enepieine of guilt on anyone, nor do they desire to do an ;
hat the but found In the carriage was, without doubt, at
least the counterpart of a Lat which Matthews admitted
that be 011,e had. and of which Lie or his mate could give so
account whatever. Muller assorts that he went to the
docks no the Monday morning, the Ilth of July; that a
pedlar, whose face was well known to persons employed
there, offered hini the watch and chain, neer where the ships
lay ; that be then had his pasa..gr•mooey in his pocket (es
Hefts sayrd ; tl.e price which the pedlar naked was Gt. but
Muller did not feel disposed to give more than 41.. which his
offered. 'the pcall.ir reluaed, and they pertsd. Ici about half
a minute it o•cuned to Muller that as the pedlar
refused 4/. f r the chain and sketch, they must he
worth more, 311.1 that he could leake a good bargain. lie
returned, and °tiered tom three half-crowns additional,
which were at once occepted. Muller left the ducks, and
when crossing Tower-bill he doubted the geutoritnese of his
purchase- he thought that they ware otil) gilt and worth-
ier.. and he went to Mr. Death's to propose no eichaege of
chains, for the purpose of diecovermg whether the Dearly-
acquired property was gold or Lime. Inscoveriog that it
was gold, he resolved to part with the chain rod keep the
watch iu place of his own, which wee in pawn.
His vaoty made him state a falsehood as to the
chain and ring—that they were presents from his
father, as he also falsely stated that Mr. Hoag-
Heron was sendiu{ bon to New York at 1:4)/.
sreyear, and as he pretended there that be had bad the
watch two years. TLe latter statement. it is suggested,
was that of a marl who Lad lecome convinced during rite
voyage that the watch purchased from is. pedlar had been