The Sun.
London, England, 1864-10-28 00:00:00

THE MURDER OF MR BRIGGS

CENTRAL CRIMINAL COURT-THIS DAY,

THE TRIAL OF MULLER,

SECOND DAY.
The trial of Muller was resumed this morning. There
was the same excitement as yesterday, and the Court was
crowded.
At ten o'clock the Lord Chief Baron Pollock and Baron
Martin took their seats on the bench.
The prosecution was conducted by the Solicitor-General,
Sergeant Ballantine, Mr Hannan, Mr Beasley, and Mr
Giffard.
The prisoner was defended by Sergeant Parry, Mr Besley,
and Mr Metcalfe.
A few minutes before the judges arrived Muller appeared
in the dock, and had a very hasty interview with his soli-
citor, but afterwards he immediately retired.
The names of the jury having been called over,
The prisoner was placed at the bar by the Governor of
Newgate, and the trial then proceeded.
The first witness called was
John Henry Glass, who, in his examination by Mr air-
fare!, said—l am a tailor in the employ of Mr Hodgkinscn.
I have known the prisoner about four years. On Thursday
the 12th of July he came to me in the shop, about 4 o'clock
in the afternoon, and asked rae if I would buy a watch. He
showed me a gold one. He said that he had also got a
chain, but that it was in pawn for £l. He told me he
wanted money to go to America, and that was the reason he
asked me to buy a watch and chain, the latter of which was
in pawn. I told him to come the next morning, which he
did, and I redeemed the chain for £I. We afterwards went
to Cox's, near Leicester-square, and there the watch and
chain were pawned by the prisoner for £l. The prisoner
actually pawned the things. I took the ticket and ho the
money. It was pawned in my name. I gave him 5s more
for the ticket, so altogether I had advanced £1 ss, as I had
to pay the money to take out the chain. We then went in
an omnibus to the Bank, where we parted, prisoner saying
he was going to the London Docks to get a ticket for New
York.
Cross-examined by Sergeant Parry—The prisoner had
been in this country four years. He is a native of Saxe
Weimar. During the whole time I have known the pri-
soner he has always borne the character of a kind and in-
dustrous young man. I don't know he was in the habit
of pawning his watch and chain in order to exchange them.
I did not, a fortnight before the pawning I have spoken of,
see money in the prisoner's possession. I don't know how
much the prisoner could earn in a week. lam a piece-
worker, and can earn 30s. or 365. a week.
Henry Smith, assistant to Mr Barker, a pawnbroker in
Shoreditch—On the 22d of June I took a gold Albert chain
in pawn from the prisoner. Chain No. 3is the one. I ad-
vanced £1 upon it. The prisoner took a new ticket on the
12th of July, and the next day, the 13th, it was redeemed—
I believe by Muller.
Alfred Way—l was formerly assistant to Mr Barker.
On the 13th of June last I took a watch in pawn from the
prisoner. The one produced (Muller's watch) is the same.
I advanced him £1 upon it. It was redeemed on the 12th
of July by the prisoner.
Charles Young—l am an assistant to Mr Amiss, 121,
Minories, pawnbroker. I recollect on the 12th or July
taking a pledge of a gold watch from a man. The chain
No. 3 is not the one. The person pawning gave the name of
John Muller. I should not know it again. I advanced
£1 10s. The address given was 21, Jewry-street.
Cross-examined—lt is very common to supply Christian
names. I did so on the occrsion I refer to.
Jonathan Mathews, examined by the Solicitor General
—He said : I am a cabdriver. I knew the prisoner, and had
done so for more than two years before 9th July. During
that time I have seen him frequently—he used to come to
my place. I recollect a circumstance about a hat for the pri-
soner, It took place about the latter end of November or
December. I had a new hat on when he came to dine
with me on a Sunday, and seeing it on he said he should
like one like it. He put it on his head and found it a trifle
too small. He asked mo what I gave for it, and I told
him 108 Gd. He said he should like one, and I told him I
would get one. I put it on his head and found it was small.
I said then if I get one easy for myself it would do. He
said it would. I purchased the hat at the shop
of Mr Walker, Crawford street, Marylebone. I got
it on a Saturday evening, and I took it home in a hat
box, and on the Sunday week following Muller came for it,
He took away both hat and box. I paid lOs Gd for the hat.
The prisoner did not pay me all the money : he made the
waistcoat I now have on in part payment. I afterwards
saw him wear the hat after that frequently. I saw him
wearing the hat a fortnight before the murder. I gave a
description of the hat to the police before I saw it. I be-
lieve the hat now shown me to be the hat. Before I took
the hat away from Mr Walker's I asked to have it turned
up a little more in the brim. After I had it done I took it
away, I know it had merino under the brim, I recollect
seeing a small jeweller's box at my house, with the name of
Death on it. I first noticed it on a Tuesday morning. I
afterwards saw a handbill, and then I took the box to the
police.

Cross-examined by Sergeant Parry —I identify this hat
not only by the brim, but by other things. I had the rim
turned up specially to make it like my own.
The prisoner here handed a memoranda to his counsel.
Sergeant Parry hero made some remark upon tbe depo-
sition, and was about asking him some question, when
The Solicitor-General objected.
Baron Martin—The best way will bo to ask whether ho
did not give a different statement before the magistrate.
Sergeant Parry—Did you not say on the occasion I refer
to that you saw the one rim turned up more than the other ?
Witness—Yes.
• Sergeant Parry—ls not this the first time you ever said
anything about the hatter turning the rim
Witness—Yes. I cannot say 'what I have done with
the bat I bought. I bought it at Mr Walker's. I bought
one of my hats in Oxford-street. I did say I left my old
hat at Mr Down's in Long-acre. I bought the hat in
Oxford-street three weeks before I went to America. I
cannot say whether it was Down's in Long-acre or Holborn.
I did say I left one of my old hats at Down's, but that is a
mistake. Before the coroner I said the next hat I purchased
was a cheap one ; I bought it at Dawn's in Long-acre,
and gave es 61 for it, and that I left the old one. It is a
mistake. I find Mr Down has not a shop in Long-acre. I
discovered the mistake. Mr Clarke, the police officer, was
with me when I found Mr Down had not a shop in Long-
acre. I occasionally throw my old hats into the dusthole. I
was asked if I could swear to the colour of the lining of my
own hat, and I said I could not. I first heard of
the murder on the Thursday in the week following. I
mean to say I never heard of it before. I had been occa-
sionally on the rank during the time, but I never heard of
it. I don't frequent public houses, but 1 might have gone
into one for a single glass of ale every day about the
time you mention. I take in a Sunday paper, but I did
not see an account of the murder in it. I won't say it was
the fault of the paper; but I did not look particularly at it.
I live at 68, Earl-street, Paddington. I never saw any
placards noticing the murder posted up anywhere.
Here a short consultation took place between the counsel
for the defence.
Cross-examined—l knew Muller was going to America.
I gave information to the police on Monday the 18th. I
knew then Muller had gone to America by the Victoria. I
knew he was to sail on the 11th. He had been to my
house to bid us good bye. I was out with my cab on the
9,11 of July. I said before the coroner it was impossible for
me to say where I was on the evening of that day. I have
made inquiries to ascertain where I was on that evening.
I did so in consequence of losing a pocketbook, which I
have since recovered.
Sergeant Parry—Did I not see you slip a paper into
your pocket just now ?
Witness—Yes.
Sergeant Parry—Produce it.
The witness did so.
Sergeant Parry—This is a letter written in September.
Is the writer here ?
Witness—Yes.
Sergeant Parry—ln your examination before the coroner
did you not say you: employer, Mr Perkins, was sold up.
Witness—Yes.
Sergeant Parry—You now say sold off. Is that another
mistake ?
Witness—Yes.
Sergeant Parry—How long have you been a cabman ?
Witness—Four years.
Sergeant Parry—Have you been anything else ?
Witness—Yes, in a training stable; that's a long time ago.
Sergeant Parry—What else have you been doing ?
'Witness—l have occasionally been in the fly business,
I have driven for the London General Omnibus Company.
Sergeant Parry—Have you ever been a gentleman's
coachman 1'
Witness—No.
Sergeant Parry—Do you know Mr Linklater ?
Witness—Yes, but I never drove for him.
Sergeant Parry—Have you ever been insolvent or bank-
rupt ?
Wit ness— No.
Sergeant Parry—Have you never been in business at
Brixton ?
Witness—Yes.
Sergeant Parry—Have you ever said that when you got
tho reward you would pay your debts ?
Witness—No,
Sergeant Parry—Do you expect the reward ?
Witness—l leave that to the country. It they are satis-
fiad I have done my duty, I won't say I don't expect a part
of it.

Sergeant Parry—Have you never said if you hid kept
your mouth longer ehut you would have got a reward of
£5OO ?
Witness—No.
Sergeant Parry—Have you ever been convicted ?
Witness—Yes.
Sergeant Pally— What for ?
Witness—For a spree, and absconding from driving a
coach. I had 21 days for it,
Sergeant Parry— Were you at Norwich in 1851?
Wit mess--N o.
Sergeant Parry—Bo careful, Yi.ur nave iR Jonathan
I\l4th Mk ?

Witness—l was there in 185). I wag a prisoner there
for 21 days.
Sergeant Parry—Was ycu tried by a jary
Witness—l never heard of a jury trying a man for a
spree.

Sergeant Parry—Were you convicted fox stealing a post-
ing boot and pair of spurs ?
Witness--Yes. They were in the box when I sent it
home, but I did not know they were there.
Re-examined by the Solicitor-General—l was about 29
years of age at the time I was convicted. lam now 37. I
have not been in trouble since. How I came to know about
the murder was, I was at the rack at Paddington, and while
the horse was drinking I saw a bill there on. the wall, and
I asked the waterman how high he thought I was.
Sergeant Parry—l object to that.
The Solicitor-General—You shall have the whole of the
conversation.
Lord Chief B iron—you cannot, brother Parry, have a
portion of a conversation taken down in the notes.
Sergeant Parry—l don't Rant even a portion of the con •
versation taken down.
Lord Chief Baron—We will have the whole of the con-
versation.
Sergeant Parry—l can't object, if your lordship so rules.
Solicitor-General (to witness)—Repeat the whole of the
conversation.
Witness —I went home sad looked at the small box I had
at home. From what I had heard from the waterman I knew
the name of the jeweller was Death. I took the box to the
waterman. He got inside my cab, and I drove him to the
police station at Paddington, I saw Sergeant Steer there,
and I gave it to him, together with a small slip of paper,
written by Muller. I gave information then about the hat,
Mr Tanner has got the bit of paper.
Inspector Tanner pro need the paper, It was found to
be the name and address of Mrs Blyth.
Witness—l went to America with the Muller expedition.
I have since my return discovered where I was on the 9AI
of July. I was on the rank at the Great Western Rail-
way from seven till eleven. I did not get a fare up to
that time, and I then went home afterwards. I bought
ejoint of meat ; and then took the meat home,
having previously left the cab at the stables at Lisson-
grove. I was cross-examined a good deal about my
hat, but before the examination I had made myself well
acquainted with what had become of all my previous hats
With respect to the statement I made before the Coroner
about these hats, I was asked whether one side of the brim
was not turned up more than the other, I said yes. I have
since that made some further inquiries, in older to speak

with greater correctness.
The deposition of Mathews, takes befcre the magistrate
and Coroner were then put in and read, but they did not
differ from the evidence given to-day in any important par-
ticular, except as far as regards the engagement of Mathews
on the evening of the 9th of July. On the occasion re-

ferred to he said ho did not know where he was or what he
was doing that night.
Eliza Mathews, examined by Sergeant Ballantine--I am
the wife of the last witness. I know Muller, and have done
so for two years. He used to come to our house. I was
present when the conversation took place about the hat. I
know my husband bought one at Crawford-street. It was
turned up at the side rather more than my husband's
was. The hat produced looks like the hat I refer to.
The hat I speak of was bought for and given
to Muller about a fortnight after it was brought home.
On Monday, the 11th, the prisoner called to see me ; he said

he had come to wish us good-bye previous to going to New

York. He remained throe or four hours. de said ho was
going out in the service of Mr Hodgkinson, and that he
was to get £l5O a year. He told me he had met with an
accident on Thursday— that a letter-cart had run over his
foot. During the time he was with us he showed me a
chain, which he took off tho button-hole cf his waistcoat.
I took and, after looking at it, I told him it was not a
very good one. I saw a little box on the occasion. Muller

took it out of his pocket and gave it to my little girl. My
husband took that box about a week after. My daughter
played with it all the Monday evening, when it was put in
a drawer. I saw Muller had a ring on ; ho told mo his
father had sent it him from Germany, Ho wished us good-
bye and went away.

Cross-examined by Sergeant Parry—My husband first
saw the box on the Tuesday morning. Muller never said a
word about Mr Death to me. I now recollect that I said
Mr Death was a good jeweller. I noticed the prisoner wore
dark trousers. He was with us for three or four hours on
the Monday. As he was going away, I said, when he took
off his hat to go, "how well that hat wears." Muller said,
"It's a different hat." I heard of the murder on Monday,
the 11th, from a lodger in our house. I was told a shock-
ing murder had been committed In a railway carriage.
My husband used occasic nally to buy a penny paper, which
he would read on the box. I used to take them sometimes
out of his pockets. I won't be sure whether or not we had
a Sunday paper after I heard the murder.
By Serjeant B Allantine—My husband would be out with
his cab for hours after 1 was in bed,
At the suggestion of a juror Mrs Repech was recalled and
asked if she recollected the day Muller first brought tho hat
she had spoken of to her house, to which she replied she
could not.

Mr Revell recalled, and in answer to a question from
the learned Judge, he said he was in the habit of seeing
Muller on week-days, but that he did not see him for three
or four Sundays previous to the murder.
Joseph Hemequort, examined by Mr Gifford, said—l am
foreman to Mr Hodgkinson. The prisoner had been for six
weeks, previous to the 9th of July, in our employ. He re-
ceived 255. a week. After he had been with us a month it
was arranged he should work piece-work, which he did for
two weeks. He never went back .to work for 255.; he
said he could make more, and he discharged himself a week
before the murder was committed. He was not engaged
by my employers to go to America.
Cross-examined by Mr Metcalfe—He bore a good cha•
ract3r. He was not of a quarrelsome disposition.
Edward Watson—l was formally foreman to Mr Walker,
of Crawford-street, hatter. I left last week. The mate•
rial with which this hat (that found in the railway car-
riage) is lined was used by us during the time I was there.
I should think the price of the hat produced would be
about Bs. 61.

Cross-examined—The lining is peculiar to Mr Walker's
house. I don't know how many hats would be lined with

it, but I don't think we had more than 3 or 4 hats lined
with that material.
Lord Chief Baron—Do you mean to say that not more
than 3 or 4 were lined with that material ?
Witness—Yes, my lord. It was a portion of some
sample lining sent to Mr Walker.
Sergeant Parry—Wero did it come from ?
Witness-1 cannot say,
Mr Walker, hatter, of Crawford-street, Marylebone,
examined by the Solicitor-General—The hat and box pro-
duced come from my shop. The lining is peculiar. I did
not have more than one or two hats lined with it. It was
one of a lot of sample pieces that I bought. There were
about 500 pieces in all when I bought them, It is a French
hat.

The Solicitor-General—Look at that hat; is it an 8s Gd
or 108 6d hat ?

Sergeant Parry—Ask hint what would be the cost of
such a hat.
The Solicitor •General—Very well; answer that question.
Witness—About 8a 61 or 10s 6d; I cannot say which.
Inspector Tiddy,examined by Sergeant Ballantine—l pro-
duce the jeweller's be; the hat box, and slipper referred to
during this trial.

James Giffard—l am agent for Messrs Grinnell, ship-
owners. They have an office on the north quay in the
London dock. I open the office about 9 o'clock. I recog-
nise the prisoner. I first saw hiui on Wednesday morning,
the 13th of July, about 11 o'clock. He asked me the price
of the passage to Now York. I told him Li. He asked
when the ship sailed, and I said "To-morrow." He then
went away, and came back about 2 o'clock, and said, "I've
come to pay the fare." Ho paid the LI, and I gave him
the cheque. He came back again the same day, about 3
o'clock, with three parcels. two large and one small one. It
did not seem to contain some hard substance with angles.
Sergeant Parry—Surely that is not fair to ask such a
question ; you can ask him what sort of a parcel it was.
Mr Giffard—Well, then, what sort of a parcel was the
small one ?

Witness—lt was a small one about 18 inches long and 9
wide, I refused to take charge of the parcels, and he took
them away.
Cross-examined by Sergeant Parry—lt is the habit of
poor German emigrants to carry a small parcel containing
their soap, brushes, There were about tour Germans
going as passengers in the Victoria. We have a German
porter, and he would answer any question in my absence.
The learned Sergeant asked for the production of the
contract ticket, but it had been lost.
Sergeant Parry—You can give a general statement of its
contents ?
Witness—Yes.
Sergeant Parry—The prisoner gave his correct name and
address ?
Witness—Yes.
Jacob Wiest, in the employment of Mr White at the
London Docks—l recollect Fixing the prisoner some days
previous to his paying his passage on the Wednesday. 1
am not quite positive, but I have some recollection of seeing
him at our office on Monday, I got there about nine in the
morning.

George Clark, of the Detective Police, said—l boarded
the Victoria on her arrival at New York on the 25th of
August. Tierman, a New York policeman, was with mo,
The pt ismer ut the bar was ou board. Ile was culled to the
after part of the ship by the captain. I took hold of his
arm, and he said, " What's the matter ? Tierman said,
"You are charged with the murder of Mr Briggs," and I
followed it up saying " Yes, on the North London Railway,
between llttckney Wick and Bow, on the 9eli of July."
Prisoner, I think, said "I never was on the line," but I
don't know whether he said he never was on the line that
night or that he never was on the line at all. I then told
him I was a policeman, and he was taken below. Tireman
searched him. A key was taken from his waistcoat pocket.
I asked him what it belonged to, and he replied his box. I
asked him where it was, and he said in his berth. I com-
municated with the captain, and then went to No. 9 berth,
and found a black box, which I took into the saloon. 1
unlocked the box, and in the corner I found the watch
(iroduceet) in a piece of leather, Aa I Wad taking it out I

asked the prisoner what it was, and he said it was his
watch, and that the hat also in the box was his, and that
he had the watch about two years, and the hat twelve
months. I told him he would have to remain in custody.
He was kept on board all night, and in the morning taken
to New York.
Cross-examined by Sergeant Parry—Prisoner answered
all my questions with the utmost readiness.
Sergeant Parry—Did not the prisoner say when you told
him of the murder that ho knew nothing about it ?
Witness—No.
Sergeant Parry—Are you sure of that, and that you said
so in your evidence before the coroner ?
The witness's deposition was referred to, and it then ap-
peared that the words used were found therein.
Witness—lf the words are there I must have said so. In
speaking of the prisoner's shir's I have said they were old
ones. I should have said they were soiled ones. They ap-
peared to have been worn once or twice.
Richard Tanner, superintendent of the Detective Police—
By order of Sir Richard Mayne I took Mathews and Mr.
Death to New York. I found Muller on board the Vic-
toria. When I went on board I left Mr Death above and
went below. I placed Muller amongst eight others and Mr
Death at once pointed him cut. I said to Muller, " Have
yon stated that you have lost a ring on board the ship.'
Ho said, " Yes, but it must have been stolen from me." I
said, " Tell m what sort of a one it is, and I will try to
have it found." Be said, "It is a gold one with a plain
white atone with a head on it. I bought it in Cheapside,
and gave 7s. 6d. for it," The ring was not found. I
took possession of the effects of the prisoner. He said
all his things were in the box.

The box was here produced for the inspection of the jury,
and the hat of Mr Briggs was placed in the position in which
it was found. The box in addition contained two pairs of
trousers, some shirts, a pair of tailor's shears, some collars,
a towel or two, some brushes, but no coat.
The court here adjourned for refreshment.
On tha re-assembling of the court,

Inspector Tanner was eross-examined by Sergeant Parry
—Before I saw Muller I knew the ring had been lost. I
had a description of it from Mr Death. When Muller de-
scribed the ring to me he said it was a plain gold ring, with
a white stone which had a head on it. The examination
in New York took place after Muller had had the
opportunity of consulting a legal gentleman. I found lls
in money when I searched him. Ile did not tell me how he
got the money. I believe he told Sergeant Clarke he had
sold some of his clo thee.
Sergeant Clarke recalled—Prisoner told me he had ex-
changed the waistcoat for a little leather reticule.
.1 got the
garment back again.
Re-examined—The prisoner had on a very old waistcoat
when I arrested him. Ile wore the waistcoat he had pre-
viously exchanged.
Sergeant Parry—Will your lordship ask the witness
Tanner whether the clothes the prisoner now wears have
been taken up for analysis
The Lord Chief Baron (to Tanner)—ls that so?