The Express.
London, England, 1864-11-14 00:00:00

THE EXPRESS, MONDAY EVENING, NOVEMBER 14, 1864.

that of a unanimous court. If the result of
such a trial were not to be accepted as final,
there would be but little prospect of satisfactory
verdicts in future. But it was so accepted by the
great majority of the community. The public,
who would shudder at the thought that an in-
nocent man was in danger, rested calmly in well-
warranted confidence in the established adminis-
tration of justice, and the criminal's confession is
rejoiced at quite as much for his own sake as for
ours.

EXECUTION

MULLER.

Immediately after the execution the sheriffs de-
spatched a communication to Sir G. Grey inform-
ing him th►t the culprit had confessed. A similar
communication was also made to Sir R. Mayne at
Scotland-yard.
A great many persons had assembled during yes-
terday in order to witness the preparations for the
execution, and many of them had taken their
places near the barriers close to the scaffold,
evidently intending to remain there the whole
cf the night. The heavy rain, however,
that came on had the effect of dispersing them, and
so late as half-past 7 o'clock in the morning there
was not by any means a large crowd assembled.
Towards 8 o'clock, however, the crowd very greatly
increased, and at the moment of the execution an
immense number of persons had congregated.
The body, after hanging till 9 o'clock, was cut
down, and was buried iu the afternoon within the
prison.

Some hundreds of persons took up their position
.ear where the gallows is erected as early as 12 o'clock last
night and remained there amidst the storms of rain which
followed ; but it was not till 7 this morning that the actual
mob arrived. At that time the stream pouring in from all
directions was immense, and by • quarter to $ there was
not vacant place within the berries—tbe outsiders
. . . _

numbering some thousands, and each minute bringing fresh
arrivals. The occupants of "cheap seats" and "good
accommodation," were particularly numerous. The windows
of the several houses in front of the drop were well filled,
whilst numbers were sitting on the roofs. The precautions
adopted by the sheriffs spinet accident, and the police ar-
rangements, proved effectual ; and with the exception of a
little disorder among those near the scaffold, amidst
which hats were flying in all directions—no particular dia.
turbines was noted. Preachers of various religious sects
were scattered about, and worked with commendable zeal
in the distribution of tracts. In one part a three-jointed
fishing rod was employed, to which was attached a scroll
with the inscription, "Be sure your sins will find
you out," and in another instance a party of men was sta.
tinned, one of whom held. up a walking-stick with a text
attached, whilst the others discoursed on scriptural subjects
and took part in reading and singing hymns. Another
man, more conspicuous than the rest, was working his way
through the crowd, with a bill placed before him as en
apron, calling attention to the publication of a pamphlet,
issued by the City Gospel Hall, and celled, " Should Mur-
derers be put to Death Y There was greater
eagerness to obtain an " Order for the Theatre,"
which was found to be an invitation to bear a
sermon preached at the Victoria on Sunday next. At ten
minutes to 8 the bell of St. Sepulchre's began to toll.and from
that moment till the clock struck A intense excitement pre.
wailed. The procession was then seen moving to the drop, and
a general buzz took plane, and thousands of upturned faces
were seen as far as the eye could stretch. In another
moment the lifeless body of Franz Muller was seen swinging
in the ►ir. There were a great many foreigners present, and
to them selections from the New Testament, printed in the
German and other Continental languages, were presented.
A young woman named Hester Collins, a laundress, living
in Hasomon•street, Clerkenwell.•wu knocked down amongst
the crowd at the corner of Giltepur-street and Newgate-
street, and trampled upon in a shocking manner. The
surgeon who attended her is of opinion that should she
survive, she will be a cripple for life.
In the same locality, a youth named Benson, an appren-
tice to a bookbinder in Cross-street, Hatton-garden, was
mach injured from being thrown under the feet of the
crowd ; he was with difficulty extricated and conveyed to
the hospital.
A WOW= with an infant in her arms, who most impru.
deafly attended the execution, became entangled in the
crowd. Her arms ware crushed in her efforts to protect
her child, and both were in an insensible state whew
meowed.

God ! Thank God I" sad sank down in a chair, coin
pletely ezhatteled by his own emotion. After reoovering_
he repeated in Beglish, in the memo. of the
Sheri& sad Uadr•Sheriffe, and the representatives
of the newspaper press, of whom there were four, what bad
just passed between him and the convict, precisely se it ham
been related above.
The convict has left behind him a written and sealed
document, which has been placed in the hands of the
sheriffs, but who forbear for the present to make it public,
after his mutilation on the scaffold, until they shall have
reported the fact to the Court of Aldermen at their meeting
to-morrow.

LAW INTELLIGENCE.
(THIS DAY.)

EQUITY COURT.
(Before Vire-Chew:eller Sir R. T. Hindersley.)
BARING V. HARRIS.-IMPORTANT TO /SHIPOWNERS.

The ice-Chancellor gave judgment in this matter which
was argued last week, and which is of some interest to ship
owners and merchants. He said it was • motion for an in-
junction to restrain the defendants from dealing with •
certain ship. The plaintiffs are members of the firm of
Baring Brothers, and the circumstances were these :—ln
March of this year the defendant, Peter Mitchell, who
carried on business as a merchant at New Brunswick, but
who was at that time in this country, and who was de-
sirous of having a credit in this country to the extent of
5.0t.f0/. in favour of his agents, George White and
Company, of Liverpool, applied to the plaintiffs, repro.
*entitle that he was in the habit of consigning to his
agents, Messrs. George White and Co., of Liverpool, ships
and deals for sale, and offering to give a lien on those shape
and deals as a security for the 5,0001. Plaintiffs agreed to
accept bills to that amount, and two letters were written,
one by Peter Mitchell, and the other by George White and
Co., in which they undertook to pay the plaintiffs out of
the shine and deals consigned. In pursuance of the arrange-
ment George White and Co. drew two bills of 1,500/., and
two of LOWY. each, making 1,000/. altogether, on Baring
Brothers, who accepted them. Thus natters went on until
last October, when George White and Co. stopped
payment and there being • ship celled the Smyrna,
sent over by Peter Mitchell for sale, the plaintiffs
took measures to have the 5,101/, paid to them out of the
proceeds of the ship, or at least as far as those proceeds
would go. The ship was registered in some port in New
Brunswick. and Mitchell procured from the proper authori-
ties • certificate of sale, which be tent over to Mr. Harris,
one of the firm of George White and Company. When the
certificate arrived Mr. Harris applied to the Maritime Credit
Company to lend him money on mortgage of the vessel, and
Mr. Yates, the manager, would have made the advance re-
quired, but on looking at the certificate be saw that it was
a certificate for ale only, and not for mortgage, and in con-
sequence he refused. A Aley or two afterwards Mr. Lock-
wood, who is connected with or in the employment of the
eminent firm of Cunard and Co., applied to Mr. Yates to
lend him money on the same ship, representing that he had
purchased the ship of Mr. Harris. Mr. Yates ad-
vanced 2,250/. on mortgage of the ship. The ship was
then on her passeage, and when she arrived she was regis-
tered in the name of Lockwood as the owner, and then as
being mortgaged to Yates. The defendant Yates said,
"When I entered into this transactiou I knew nothing of
the plaintiff's arrangement with White and Co., and I had
no reason to suspect that it was not • bona fide sale from
Harris to Lockwood." On the other hand, the plaintiff
said. "There were circumstances at least raising a strong
suspicion as to whether you did not know that this was not
a boos fide sale ; in the first place, it was only a few days
after you bad refused to lend money to Harris
himself on the ship; you ought to have known
that Lockwood was sot in the habit of purchasing ships,
which ought to have put you upon inquiry ; and, as an in-
dication that you had some suspicion, you required that the
bill given by the borrower should be endorsed by the ven-
dor, which was not usual." The defendant Yates said, " I
have got a legal title by virtue of the registry, acd even sup-
posing you have an equitable title, my equitable title is as
good as yours." The plaintiff, however, raised the question
whether the registry of Lockwood, and consequently that of
Yates, as mortgagee, was legally valid, and thecae' of "Orr
and Dickinson " was cited, in which it was held that on
equitable grounds the court might go behind the registry.
In that case there was • certificate for sale at the mini-
mum price of 1,3001., and • sale was effected for
000/. The registrar refused to register the sale, and
the agent without the consent of the owner and in collusion
with the purchaser altered the price named to 1,300?.,
though 'MO/. only was paid, and then the registrar entered
it. In that state of circumstances the Via-Chancellor held
that the registry was invalid at law. In this case it was
admitted that Lockwood was not the real purchaser for
3,5001. ; but Lockwood said the arrangement was this, that
• sale was made for the purpose of putting him io the posi-
tion of owner, that he was thee to borrow money on mort-
gage, and when he had done that he was to re-truster the
vessel to Harris, and it was contended on the part of the
plaintiffs that in that state of things the case came within
the principle of "Orr and Dickinson." Whether it did
or not was an i.nportaat question, as on it depended
whether the plaintiffs or Yates, as representing the Mari-
time Credit Company. should have the priority. But besides
them there was smother person concerned—namely, Mr.
Mitchell, who might say—" I insist not only that plaintiffs
shall have a priority, but that Yates shall not have any
mortgage at aIL" 'lieu were impartial questions which
must be determined at the hearing. In the meantime he
thought plaintiffs were entitled to an injunction oe their
undertaking to pay any damages which the court might im-
pale, and amending their bill so as to make the Maritime
Credit Company parties, and in order that the ship might
not be idle there must be liberty to any party tply to
thecourt for the sale of the ship, so that the proceeds may
be paid into court and fructify.