The Express.
London, England, 1864-11-05 00:00:00

lIIGII WATER AT LONDONRRIAGE.

. ... ..
Tots SR 37m.
Siotit.or Morning. bb. Int.... Afternoon. GR 3ost.

LONDON, SATURDAY, NOVEMBER ..

WE cannot but regret to observe that the Ger-
man Legal Protection Society, which very pro-
perly undertook the defence of MULLER before his
convictioi., are now endeavouring to procure a
reversal of the verdict at the hands of the HOME
Scent.rani. The Chairman of that body ex-
plained at its meeting on Wednesday, at which the
resolution we refer to was adopted, that its Ger-
man title imports that it is for the protection only
of those accused persons whom it has reason to
consider innocent. But the Society carefully ab-
stains from stating that it considers Muttint inno-
cent. It acknowledges that the jury came to a
proper verdict on the evidence submitted to them,
and it only urges that a certain degree of mystery
still hangs over the case. But it does not base the
claim for commutation on this ground. Now there
are only two other pleas on which the exercise of
the prerogative of mercy can be invoked. The
one is where the crime had palliating circumstances;
the other is where new evidence is discovered.
after the verdict, which it may be fairly
supposed the jury would have considered material
proof of innocence. The German Society does
not pretend to rest its appeal on the former of
these pleas. Plainly there were no palliating cir-
cumstances in the murder of Mr. BRIGGS. It re-
sorts, then, only to the latter allegation, and pro-
fesses to be in possession of material evidence which
was not adduced for the defence. If such were
the case it would certainly be strange, for the de-
fence was conducted by the first professional
ability, aided by a zeal in the search fur evidence'
of which the discovery of the alibi witnesses,
and notably of the omnibus driver, who remem-
bered only that iu the summer he had had a pas-
senger with a lame foot, certified the evident
energy. But when the so-called new evidence
conies to be stated, its utterly futile and irrelevant
character is at once apparent. The first item is
the convict's "pass-book," in which, according to
the custom of his trade, 3ltiii.ca entered all his
proceedings. This undoubtedly was the very evid en ce
wanted, either for the prosecution or defence, if it
gave any explanation of where he was between
eight o'clock on Saturday evening and eight o'clock
on Sunday morning. These were the fatal hours
for which MuLLEIL'S counsel, who were able to
account for every hour he spent for days before
and for days after, were unable even to hint an
occupation. Could the " pass-book -, have aided
them, beyond a doubt they would in some shape
have used it. But the German Society does not
pretend that it yields any such information. The
Baron vox EI:LANGER and Dr. KINKEL would
adduce it only to show MuLtett's previous good
character. No plea, however, can be weaker than
such as this. It is within the truth to say that
the majority of murders are committed by persons
of previous good character. The circumstance
may move our pity or excite our astonishment,
but it cannot affect our justice. The next piece of
so-called evidence is the statement that a pedlar
accustomed to haunt the docks, of whom 31t-ittil
gave n description as the man of whom be bought
Mr. Ditiffi.s' watch, had at first disappeared
but 113.1 now been found, and "gave a very heal-
" Wing and unaatisfactory account of his deal-
" ings.” The difficulty probably would rather be
to find any pedlar haunting the docks who would
be able to give a direct and satisfactory account of
his dealings. Nor does the fact of Muttra giving
a description of such a loan weigh in his favour,
when it is remembered that it was part of the es i•
deuce for the defence that he had been several
times at the docks ; that he had a fairy for
watches, chains, and rings, and consopiently was
most likely to hese taken notice enough of a dock
pedlar to be able to describe him, His accuracy
in and, a particular, granting him to have been
accurate, could not help his case. For against all
such immaterial suggestions we have to set the
broad facts on which the jury found him guilty,
and the two judges endorsed the verdict. !1f ciaett's
good character, his accurately kept pass-book, and
his description of an actual pedlar, in no degree
help us to sre how, if innocent, he could have
been in poaression of a hat proved to be made
by the nicker for Mr. Batons, and of the
character of that which was made to
his order, except that it was unskilfully
altered just far enough to get rid of the name ; and
how a hat that fitted Muti.mi, that was identified
as his, that was wade by a mail who had made