The Express. — 1864-11-05 (London, England)

BRIGGS. It resorts, then, only to the latter allegation, and professes 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 defence 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 remembered only that iu the summer he had had a passenger 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