The Sun.
London, England, 1864-10-29 00:00:00

give evidence which might have the most fearful result to
a man with whom she was on terms of friendship. Ab•
sedately none. Therefore it was unavoidable she should do
so, and it was almost trifling with the jury to endeavour to
produce such an impression. With respect to Mathews—
What evidence is there to impeach that given by him. He
had heard his learned friend most eloquently say that he
did not seek to impute a complicity to Mathews, but what
was the object in pressing so strongly upon his cross-ex-
amination. He had implied that Mathews was instigated
in all he had said by the hope of getting a reward ;
but he would ask what would be the use of offering rewards,
if persons when they came forward and gave the required
information were to be disbelieved, and the worst motives
imputed to them. Mathews never had a querrel with
Muller. Can it, therefore, be believed that he had come
forward to take away his life by means of false evidence ?
Was that at all likely P Then great stress had been laid
on cerLin incidents is Mathews' early life; but, after the
most searching cross-examination, all that had been elicited
was that nine or ten years ago he had suffered 21 days'
imprisonment. A great point was made abut the
hats worn by Mathews. Why, cabmen being out
generally five hours to other people's one, it did
not appear at all strange to him that they should wear cut,
and be in possession of a greater number of hats than other
persons. He had never seen a cabman use an umbrella,
and he doubted whether his learned friend or any gentleman
on the jury had witnessed such a thing. Did any person
disbelieve the statement of Mathews that he bought a hat
for Muller? Why, it appeared to be proved most incentes-
tibly that he had done so. If Mr Walker had really made
but two hats with the peculiar lining of which so much has
been said, it would go to prove that either Muller or the
cabman must be the murderer, but his learned
friend had put forward a very ingenious theory,
that the discarded hat of Mathews, the cabman—a hat too
bad for him to wear—had been picked out of the dusthole
and worn by the person who had committed the murder.
If it had been Mathews's hat it would not have fitted Muller,
b.c.use when he tried on the cabman's hat, and asked him
to buy him one similar to that which he wore, he told him
it was too small, and therefore he had to bring him a larger
one, With respect tc the hat found on Muller, Mr
Digance, from whom Mr Briggs invariably bought his hats
for the last 30 years, stated most positively that it corre-
sponded in siz3 and shape with that ordered and
supplied ; but the manner in which it had been
cut down prevented him identifying the hat more positively,
because the part where the name of the unfortunate gentle-
man had been placed was removed. Then, again, had it
been proved that Muller ever bought a hat at Mr Diger ce's.
He did not recollect him; but if he had become possessed
of the hat by second-hand means, why was not the place
where he purchased it stated. Bat passing on towards
other portions of the e; idence—the watch and chain. Those
articles were, at the lowest computation, worth over 10;
and where, he should like to know, was Muller, notwith-
standing that Haifa had said he had seen him in the pos-
session of money, to get sufficient to buy such articles
as well as to pay his passage to America ? His
learned friend had said that the prosecution had altogether
failed to show that Muller struck the blows. Of course,
he had stated that he should not be able to do that in his
opening speech,because, as all of them knew, murders were
not committed within the sight and view of third parties,
The jury would, in the diechargo of their duty, have to
examine the stick carried by Mr Briggs, to see if that was
likely to have been the weapon by which the injuries had
been inflicted ; that was a question entirely for them. The
tailor's shears found in the prisoner's box hal come upon
him by surprise, therefore he should not say they were
on the prisoner's person on the night of the murder.
His learned friend had said that it was most unlikely
that a person of the height and size of Mr Briggs should
have been overcome by such a slight young man as the
prisoner, but according to his view of the case Mr Briggs
stood no chance. There was no evidence of a struggle. The
shirt-front and collar was a little disordered, but that was
all. Had there been the terrific struggle spoken of by his
learned friend, Mr Briggs' clothes would have been torn to
shreds. He was of opinion that the first blow, from some
weapon ho did not know what, fractured Mr Briggs skull ;
what could he do after that ? The counsel for the defence had
pressed a notion on the jury that the murder was committed
by two men. That might be so; but they (the jury) would
have to say whether the evidence did not point the other
way. If, however, the murder was committed by a num •
ber of persons, •was it likely they would have left his
pockets unrifled and the diamond ring on the finger of the
murdered gentleman F With respect to the evidence given
for the defence, he thought that given by Mr Lee the most
extraordinary and of such a nature that it must completely
astound the jury, 1.1 was a man on familiar terms with a
gentleman who was afterwards found murdered--a man
who saw two men in the carriage with him when
he was about starting on his journey—two men
whom he said he could identify, and yet he gave no infor-
mation to the pclice, because he felt disinclined to be
bothered in being mixed up with the prosecution. His evi-
dence in the first instance had been well considered by the
Crown, and it was thought of so uncertain a description
that it could not be relied upon, and therefore it was dis-
carded; but now when he was called for the defence he
appeared to have a vivid recollection of that of which ho
had not before. He also said the train waited a longer
time than was usual at the station on the 9.h July, but they
had it in evidence that the train, on the contrary, was late
,hat evening, and therefore it was not at all likely to stay a
longer time than ordinarily at the platform. The evidence
to prove an alibi was very unfortunate. To what did it
amount ?—the clock in a brothel, the keeper of the house,
and ono of the unfortunate girls residing therein. Supposing
the time spoken of was true, it was a strong fact in favour
of the prosecution, because it would enable the prisoner to
be at Bow as near the time alleged by the witnesses for the
prosecution. What might be the impression on the minds
of the jury he knew not, but he implored them, if they had
a doubt as to the result, to give it to the prisoner; but if,
on the contrary, they wore free from doubt, then he felt
they would fearlessly discharge the duty they owed their
country.
The court then adjourned for refreshment.
On the reassembling of the court,
Chief Baron Pollock, as presiding judge, commenced his
summing up. He said—The prisoner, Franz Muller, was
indicted for the wilful murder of Mr Thomas Briggs, and it
now became their duty to say on the evidence that had been
laid before them whether the charge had been brought
home to the prisoner at the bar. Some remarks had been
made upon the comments of the press on the case, but he
for ono should not feel disposed to assent to any restrictions
being placed upon it; and, so far as the jury were con-
cerned, ho thought, provided they had read many of those
statements which had been published, they were better
furnished to perform their important duty than if they
wore totally unacquainted with the facts of the case. What
he was called upon to do on the present occasion was to state
to them the law of the land, and then they would have to
draw their own conclusion. Ho entirely agreed with what
had been said by his brother Parry, that it was far pre-
ferable that many guilty men should escape rather than an
innocent one should suffer; but they must take the utmost
care that the guilty did not entirely escape. The counsel
for the prisoner had stated that the case for the prosecution
had not been made out—that several links in the chain were
wanting—that surmises have been substituted for facts,
and probabilities for certainties, but if they should be of
opinion that the guilt of the prisoner had not been proven
to their entire satisfaction, then undoubtedly the prisoner
was entitled to his acquitance. Of one fact there could be
no doubt, namely, that a gentleman named Briggs was mur-
dered in a carriage on the North London Railway, and a great
mass of circumstantial evidence had been placed before them,
Their duty was clear, as what they had to say was whether
that murder was committed by the prisoner. He then pro•
ceeded to read and comment upon the evidence, remarking
very strongly on the untruth told by the prisoner relative
to his possession of the watch and chain. A great deal
of diligenoe on the part of the gentlemen who had under-
taken the prisoner's defence had been displayed in getting
together a number of second-hand hats which originally
had been made by Mr Digance, but ho thought it would
have been much more important had they endeavoured to
procure evidence to show how the prisoner became pos-
sessed of the hat, where ho bought it, and who altered it,
it would have been more satisfactory.

THE VERDICT.

Tho jury rotired to consider thcir verdict at a quarter to

three.

After an absence of a quarter of an hour they returned
into Court with a verdict of " Guilty."
Sentetce of death was passed in the usual manner.

At the conclusion of which Muller said, " If the sentence
is carried out I shall dio an innocent man."

Liverpool Cotton Market—Thus Day.

Market very excited, at a further advance of F 1
per lb. Sales, 15,000 to 20,000 bilee.

SHIPPING-THIS DAY,

LONDON, Oct. 29.—Wind this day at noon—North-
Easterly; moderate breeze and fino weather, but rather

cloudy.

SWANSEA, Oct. 28.—Wind S.E.—Sailed—Annie Roger,

for Nassau.

NEWPORT, Oct. 28.—Wind N. W.—Arri ved—S wi ft,
from Gloucester for Rio Janeiro —Osborne, from Bristol
for St Thomas—Australia, from Dunkirk for St Thomas—
Julia, from Bristol for Pert-au-Prince. Sailed—Molrose,
for New York.

ANOTHER OUTRAGE IN DONEGAL.—LETTER
KENNY, Oct. 24.—A man named Denis Sweeney, a labourer,
was found this morning on the side of the road leading to
Strabane, insensible and covered with blood, having been
beaten in a moat savage manner, and evidently let t fur dead.
The was visited by Dr. Smith, who has not the remotest
hope of his recovery. It is not yet ascertained what the
motive for this outrage can have been ; however, one man,
I hear, has been arrested by the police with marks of blood
on his clothes.—.Freemans Journal.