Franz Müller.

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years in the trade. In the second-hand trade I always stitch
hats after cutting them down. The reason for cutting them
down is that hats are now worn lower than the old hats.
Besides stitching, hatters use varnish. (Same hat handed to
witness.) I have done a great many hats in the same way as
this. If I cut down a hat for any one which did not require


Franz Muller.

WiUiam Lee a new lining, I should put in the old one again. It is cheaper
to stitch hats in the second-hand trade, because you save the
expense of shellac. I know nothing of Muller. When I heard
of this case I did not volunteer my evidence; I was subpoenaed.
I have never seen this hat before.

Cross-examined by SERJEANT BALLANTINB Is that lining cut
in the way you would do it? You observe the edge of the
leather is cut? It is lower. The leather has been cut. I
do not know why the leather should be cut. We do not cut
leather in our trade.

Has it been cut for any purpose you can understand? I do
not know that.

People would not think of cutting a piece out of a new hat?
Hats are worn lower than they used to be, and a hat would
become more saleable after being so treated.

Re-examined by SERJEANT PARRY Have you, as regarda
stitching, done many hats in the same way as that in your
own trade? Yes.

Are hats sometimes cut down on account of grease from th&
head having injured them? I have never done so.

By a JUROR I should not put so many stitches in a hat aa
are in this; not so close together, nor yet in the same zig-zag
way. I should not either cut a hat down so low. It is lower
than they are worn.


am a clerk in the service of the Electric and International Tele-
graph Company, which connects with the London District Com-
pany. (Telegram handed to witness.) I have the original
of which this is a copy; here it is. (Original produced.) That
telegram was sent from the office on the 9th of July last.
(Telegram read by the Clerk of the Court.) The sender of
the message was Alexander Gill Strachan, Mr. Drake's, Somer-
set Street, Whitechapel. It was sent to Miss Eldred, Stanley
Cottage, James Street, Vassall Road, Camberwell, New Road,
and was as follows: "Gone to Stratford, but I shall be with
you to-morrow, Sunday, three o'clock. Be at home. I shall
come without fail. Yours in haste, Alexander Gill Strachan."
It was received on the 9th of July, at the Mincing Lane office*

Evidence for Defence.

at 4.30 p.m., and sent about twenty-five minutes to five. It Aifl-ed C.
might be half an hour or less reaching its destination.

By the SOLICITOR-GENERAL The date is on the top of the

Mrs. ELIZABETH JONES, examined by SERJEANT PARRY I Mrs. E. Jones
reside at 1 St. George's Road, Peckham. In July last I lived
at Stanley Cottage, James Street, Vassall Road. I have two
female lodgers, young women, who receive the visits of men.
A young woman of the name of Mary Ann Eldred lived with me
then, and she lives with me still. She has lived with me ten
months. I know the young man at the bar. He had been
in the habit of occasionally coming to see Mary Ann Eldred. I
have known him as visiting her about nine or ten months before
the 9th of July. Miss Eldred knew Miiller before she came
to me about a twelvemonth, I think. I have seen him visit
my house frequently. I remember my lodger receiving this
telegram quite well. I do not recollect when I received it,
but it was some time in the afternoon. I remember seeing
Muller on the 9th of July, the date of that telegram. It was
about half-past nine o'clock in the evening. At that time
Mary Ann Eldred was not at home. She had gone out at
nine o'clock, and had been out about half an hour. Muller
called to see her, and found she was not at home. He stayed
talking with me about five or ten minutes at the door. I am
quite sure it was as much as half-past nine o'clock. He then
left. Bearing in mind that telegram, I am quite sure that it
was Saturday evening, the 9th of July, about half -past nine,
that I saw this young man. I thought his name was Muller,
but I used to call him the little Frenchman. I did not know
he was a German. Miss Eldred used to say that he was a
German, but I used to call him the little Frenchman. I noticed
that he had one slipper on. He told me that he had hurt his
foot. (Slipper handed to witness.) I did not notice what
kind of slipper it was. He told me he was obliged to come out
with a slipper, for he had met with an accident and hurt his
foot. I did not see Mary Ann Eldred after this young man
had left until Sunday morning. I told her her friend had been,
and she said, " Who the one I received the telegram from? "

- 101

Franz Muller.

Mrs. B. Jones The SOLICITOR-GENERAL objected to a conversation being giver*
as evidence, and his objection was sustained by the bench.

Examination resumed I am afraid I can only ask you did
you communicate something to Mary Ann Eldred the next
morning 1 Yes .

And also to your husband? Yes, on the same evening to
my husband. My house was from a half to three-quarters of
a mile from where the omnibuses start at Camberwell Green.

Cross-examined by SERJEANT BALLANTINB I suppose Miss
Eldred is here? Yes.

You are living in some other house; are you living in the
same name? Yes.

Are you sure? Have you taken the house in the same name?
I do not know whether my husband has taken the house in
the name of Kent or Jones.

Is his name Kent? Yes.

How is it your name is Jones ? My name has been Jones for
thirty-six years, and I have always gone in the name of Jonea.
This is my second husband. I do not know Nelson Square,
Peckham, or any part of Peckham. I am living now at Peck-
ham, about half a mile from where I used to live. It was
Camberwell before; now I have got down the road to Peck-
ham, but I do not know where Nelson Square is. Supposing
a person wanted to get to Fenchurch or King William Street,
he would go up towards Camberwell Gate for an omnibus. It
would take a quarter of an hour or ten minutes to walk there
from Vassall Road. It is half a mile or more. The Peckham
omnibuses do not go to Camberwell Gate, they go by the Lord
Nelson. I do not know whether the Peckham and Camberwell
omnibuses meet in King William Street. I believe they both
go over London Bridge.

Can you give an idea of the time you received that telegram?
No, I cannot give a better idea than I have given, it is sa
long ago.

To whom was the telegram handed? I took it in off the
messenger. I do not know whether I signed for it. I only
recollect its coming on that day. Directly I received it I
took it up to Miss Eldred 's room. The gentleman that sent
it lives in the neighbourhood of Peckham. Miss Eldred occupies
the first floor.

Evidence for Defence.

What time do you generally dinel Sometimes at one and Mrs. E. Jones
sometimes at two o'clock; never later than two.

Don't you recollect how long it was after dinner that the
telegram came? I do not.

Had you any reason to recollect Miiller's calling except from
Miss Eldred's being out? I should not have known the date
if it had not been for this letter (the telegram).

Should you have known the time when Muller came but for
what Mary Anne Eldred told you? Muller came about half-
past nine, half an hour after Miss Eldred went out.

How did you know what time Miss Eldred went out? She
called to me before she went out to know the time.

You remember the time she called to ask? Yes.

Can you not tell me how long after the telegram arrived
Hiiller called? I cannot give you the time when the telegram
came. It was some time in the afternoon ; but I cannot say
when. I had a clock in the kitchen. I looked at the clock,
and called out when it was nine o'clock, and then Miss Eldred
went out.

When were inquiries made of you in this matter? When
inquiries were made she remembered having this telegram on
the afternoon that Muller called.

When were inquiries made of you about this matter? Was it
before Muller arrived in England? I do not understand your

(Question repeated) It is about seven or eight weeks ago, I

Who called first? A German gentleman and another gentle-

Did you know that Muller was suspected? We had heard it,
but we did not know whether this was the same or no. He
went by the name of Miller. We did not know it till the
German gentleman came. He called two or three times. It
was some weeks after we had seen Muller.

Was Miss Eldred with you when the German gentleman
came? She was called into the room.

When the German gentleman came, you had not the tele-
gram upon the table? No, sir; it was fetched afterwards.
Miss Eldred remembered that she had received it on the same
day, and she had it in her box with her other letters.


Franz Muller.

Mrs. B. Jones Did the German gentleman mention the day, or how came
she to know anything about the day? She had heard of the
murder being committed on the 9th of July.

If you and she had had any talk about the murder, do you
mean to represent that Eldred was not at all aware that the
man accused of that murder was Muller ? Not for some time ;
but when we used to read the papers, being a tailor, and being
lame when we saw him last, although he was called Muller
instead of Miller, we thought it seemed to correspond with the
young man she knew. We fancied so before the German
gentleman came.

Did she not remember that she had had this telegram before
the German gentleman came? No; she remembered it one time,
and she said she had it on the very day Muller last called,
and " if I find the letter we shall know the right date when
he came on." That was only two or three weeks ago. Sha
said, " I hope I have not destroyed it." When she looked
for it she found it. It was only two or three weeks ago she
found it. She has always had it by her, but it was never
sought for. She gave it to my husband in my presence. She
said she did not know whether it would be of any service. My
husband gave it to the German gentleman.

It is six or seven weeks since the German gentlemen came
who were assisting in the defence of Muller ; if she had the
telegram when they called why did she not go and look for it
at once? She might not have thought of it. I do not know
whether she told the German gentleman that day that she had
the telegram; I was not in the room all the time. Nothing
was said about the telegram while I was in the room. I
remembered distinctly that the telegram was received on the
day that Muller called last. I did not tell the German gentle-
man so, but she gave him the letter to convince him as soon as
she found it.

Why did you not tell the German gentleman that Muller had
called at half-past nine on that evening, and that you remem-
bered the day by the telegram? Well, I do not know. I did
not interfere with her affairs. I did not think of it at the
time; they did not refer to any letter, neither did I. I do
not know whether Eldred told him. I left him and her alone
in the room both before and after. The first time that Eldred

Evidence for Defence.

and I had any conversation about the telegram may be three Mrs. E. Jones

weeks ago, that would be some three or four weeks after the

German gentleman called on us. I never knew of it until

about three weeks ago, because we did not know the day of

the month, but she said, " I had a letter from my friend,"

calling him by his name, " and if I can find that letter I shall

know the day of the month; I hope I have not destroyed it."

That was two or three weeks ago, and she looked in her box

and found it.

Can you say how she came to say this two or three weeks
ago, never having referred to it before; can you explain that?
She remembered having the letter the same day, and she
knew if she had come up she would not like to false swear,
and she would know by that letter the date. I took the tele-
gram to Miss Eldred. I have parted with it to the gentlemen
who are defending the prisoner. My husband gave it to them
in my presence, but not in Miss Eldred's presence. Miss
Eldred sent it to him, but she said she did not know if it would
be of any service. I thought that was a fortnight ago come
Tuesday. A week last Tuesday the German gentleman has
had the letter in his possession. Miss Eldred brought it down
and gave it to my husband ; I saw her do it ; it was last
Monday week she brought it down, and on the Tuesday she
gave it to the German gentleman. I mean that at the time
she gave it she said that she did not know it was of any service.
Miss Eldred was sometimes in the habit of asking the time before
she went out, but not always. I cannot say whether she did
so the night before; I think she did she generally wants to
know the time. I cannot say whether she did on the night
after. She does not go out on Sunday evenings. I cannot
recollect whether she did on the Monday. Sometimes she will
ask the time three or four times a day. There is no clock in
her room.

Re-examined by SERJEANT PARRY Would you not have been
able positively to fix the date of Mtiller's calling unless the
telegram had been found 1 I knew that it was on a Saturday. I
believe it is about seven or eight weeks ago since a German
gentleman and one of Mr. Beard's clerks first called. We then
told them that Muller had called, he had been in the habit of
visiting our house, and had called on the Saturday. We


Franz Muller.

Mrs. K. Jones heard of the murder on the Tuesday following. I think we
should have known the date by hearing of the murder. Find-
ing the telegram made us quite positive as to the day of the
month. I never eat supper, nor does Miss Eldred before she
goes out.

By a JUBOE Muller had a hat on when he called.

M. A. Eldred MART ANN ELDRBD, examined by Mr. MBTCALFE Where did
you live in July last? Lant Street, in the Borough.

Where did you live before you came to Peckham? Lant

Where did you live before that? In Islington.

Did you ever live at Camberwell ? Yes ; with the same land-
lady that I am now with.

What was the address? That was Stanley Cottage, James
Street, Vassall Road.

Were you living there in July last? Yes, sir.

Do you know Muller? Yes, sir; I have known him for a

Were you often in the habit of seeing him? Yes.

How long was it before the 9th of July, when you received
that telegram, that you had seen him? I met him on the
Saturday preceding the 9th of July in the Old Jewry, Cheapside.

Do you remember to what hour you remained at home on the
day you received the telegram? I went out at nine o'clock in
the evening, and I remained out till after twelve o'clock. I
came home that night.

Did you see your landlady that night? No, not till the
morning. She told me then that my friend had called.

How long was it after that before you heard of the murder ?
I can't recollect. I can't tell at all.

Are you quite sure you went out at nine o'clock that night?
Yes ; I generally went out about that time at nine and
the prisoner called at half-past nine.

Did Muller call before you went out? No.

Did you know of his going abroad ? Yes ; several weeks

before he went. He told me, and asked me to go with him.

He said he was going to America to see his sister, and that

if I did not go with him he should only remain there six months-


Evidence for Defence.

When did you first make a communication to any one about M. A. Eidr*d
his having been there? I don't remember telling any one.

Do you remember some gentlemen calling some German
gentlemen? Yes, sir; I did not see them the first time they

Did some one come afterwards to speak to you about it?
I don't recollect.

Did you make a statement at any time? No, sir.

Did you say something which was taken down in writing by
a gentleman? No, sir.

Did you see the solicitor, Mr. Beard? Yes.

When was that telegram produced first? I have had it a
long time.

When did you give it up to any gentleman? Two or three
days ago, I think.

Cross-examined by the SOLICITOR- GENERAL When did you
see that gentleman, Mr. Beard? A few days ago.

When did you see him first? Do you recollect? Within a
month? It is not so long as a month ago.

How soon after seeing Muller for the last time did you speak
to anybody of this matter? I don't remember that I ever did.

Did you see a German gentleman? -No, sir.

Did you see two gentlemen together at your house? Yes.

When? Some weeks ago. Three or four weeks ago.

Was anything said about the telegram? I did not say any-
thing about a telegram.

When did you first say anything about the telegram? A few

days ago.

Until these gentlemen called at your house about a month
ago, had your attention been called to the date or time of
Muller coming to see you? No, sir.

Did you remember at once the exact time of your going out?
Yes ; I remembered going out at nine o'clock, because I had
the telegram from that gentleman.

What time did you receive it? I can't say the time, but it
was towards the afternoon. It might have been one or two

What time did you dine on that day after four o'clock?
I can't exactly tell. I daresay it was about that time, but
I can't tell to half an hour.


M. A. Eidred When did you breakfast? I don't remember when I break-
fasted. It might have been ten or eleven o'clock.

When did you get up? I got up after eleven.

When did you go to bed? I went to bed past twelve o'clock.
I think half-past. I only guess. I am positive I went out
that night at nine o'clock, because it is the time I generally
go out, and because I went out every night at that time. I
can remember so well because of the telegram.

What had the telegram to do with the time you went out?
I don't know that it had anything to do with it. I remember
the time, because the landlady told me Muller had called in
the evening. It was the next morning she told me that. The
receiving the telegram had nothing to do with the time of my
going out. I don't know why that should assist me in
recollecting the time I went out.

Re-examined by SERJEANT PARRY You say you heard from
Mrs. Jones next morning that Muller had called? She said to
me that a friend of mine had called.

By a JUROR Were you in the habit of seeing Muller's hat?
.f" No, sir; I have not noticed it.

T. Beard THOMAS BEARD, examined by SERJEANT PARRY You have

conducted the defence of this young man, instructed by the
German Legal Protection Society? I have.

You have heard Haffa examined here? I have.

Did you hear him say that Muller told him when he left Old
Jewry Street at a quarter to eight o'clock that he was going to
Camberwell to see this young woman ? I did hear him say so.

Did he communicate that fact to you before the arrival of
Muller in this country? He did.

I believe he also said so at the Police Court ? I am not quite
sure, but I am sure he communicated it to me out of Court.
I received that communication four or five days before Muller
arrived from America, and he arrived on the 17th of September.

In consequence of that did you instruct your clerk to accom-
pany one of the German gentlemen to make inquiries about
this matter? I did.

Did he do so? He did, and he brought the result back
to me.

Sir R. P. Collier (First Lord Monkswell).

Evidence for Defence.

This telegram was first handed to you twelve or fourteen days T. Beard
ago? About that time. I had proofs produced to me by my
clerk and a German gentleman before Muller's arrival, also
proofs of Eldred and Jones.

The telegram was shown to you on consultation, I daresay
on Thursday week? I had not then had it in my possession
above a couple of days.

Cross-examined by SERJEANT BALLANTINE It was under my
judgment that neither of these witnesses was called at the
Police Court nor before the coroner.

CHARLES FOREMAN, examined by Mr. METCALFE I am an c. Foreman
omnibus conductor, living at 7 Norfolk Street, Montpelier
Square, Peckham. I conduct an omnibus belonging to Mr.
Barwick, fly master, of Camberwell, running from Peckham,
through Camberwell, Walworth, and Newington, to the
Borough. On our last journey I leave Camberwell Gate at
five minutes to ten, and arrive in King William Street about
twenty past ten o'clock, and leave again at the half-hour, or
a minute or two over. The previous journey we leave Camber-
well Gate at seven o'clock. It is a little more than a quarter
of a mile from Camberwell Gate to Camberwell Green, and
about a quarter of a mile from Camberwell Green to Vassall
Road. I cannot say exactly. I remember I had a gentleman
ride in my omnibus on my last journey, at five minutes to ten,
from Camberwell Gate to the City, who appeared to be lame,
and wore a slipper, but when I could not say. It was in the
summer, but I can't say whether it was in July or August. I
cannot tell the day of the week. My attention was called to
it a month or five weeks ago. How I noticed it was this. He
leant rather heavy on my arm as he got out. He appeared to
me to be lame, and seemed rather stout. I made the remark
to myself, "Ah, he has got a touch of my old complaint";
that is, the gout. He seemed to me to be rather fair and, to
the best of my belief, rather stout. (The slipper was handed
to witness.) I can't swear that was the slipper. It seemed
to me, to the best of my belief, to be a Brussels carpet slipper.
I cannot say whether it resembles it. It was a carpet slipper
to the best of my belief.

This concluded the case for the defence.


The Solicitor-General's Address to the Jury.


The SOLICITOR-GENERAL then rose for the purpose of replying
upon the whole case. He said Gentlemen of the jury, I said
in my opening speech that it gave me great satisfaction that
the prisoner at the bar was not an altogether friendless man,
but one who had been so far befriended and assisted that he
had been able to obtain the assistance of most eminent counsel.
We have all witnessed the zeal and ability with which those
counsel have discharged those duties. Gentlemen, that my
learned friends should have appeared on the part of the
prisoner, and have exerted, as I knew they would, both ability
and eloquence, is highly satisfactory to the Crown. Had
Muller been undefended it is probable and possible that some
circumstances which might fairly and legitimately be urged in
his favour would have escaped our attention. But now you
have the satisfaction of knowing that everything which can be
fairly and properly said on his behalf has been said with the
utmost force and eloquence. It remains only, therefore, to
hear the comparatively few observations which it will be neces-
sary for me to address to you on the part of the Crown, and to
hear the summing up of the learned judge, to be in a condition
to do your duty with perfect impartiality towards the prisoner
at the bar. Gentlemen, I am sure I need not say " at length,"
for you will readily believe me that the Crown could have no
interest in unduly pressing any prosecution. God forbid that
any man who appears on the part of the Crown should be
desired to do so. At the same time, it is my duty, repre-
senting the Crown which, in other words, is the public, the
public to whom it is my duty to inform you that you have a
duty to perform as well as to the prisoner to see that you
thoroughly appreciate the facts of the evidence which hare been
submitted to you. When I have done, my duty is done and
yours begins.

Gentlemen, my learned friend Serjeant Parry some-
what complained of me, I think, for having alluded to the
probabilities of this case. Though he complained of me for

Addresses to Jury.

alluding to those probabilities, he proceeded to dwell on them Soiieitor-
himself. In fact, the staple of his speech has been proba- M
bilities, but, with respect to the facts of the case, my learned
friend has been silent. It is highly proper that the jury, in
considering a case of this sort, should bear in mind not merely
facts which are in the nature of conclusive and proper evidence,
but that you should bring to the discharge of your duty your
knowledge of the ordinary affairs of the world. My learned
friend was, therefore, perfectly right in dwelling on the proba-
bilities of this case; he was only wrong in blaming me for
having done so also. But, gentlemen, in adjusting the final
balance, when you hold the scales, probabilities are as feathers,
facts as lead. I desire to call attention to some of the leading
facts, and I will omit the probabilities. The first and most
important fact of the case appears to be this. Aye or no

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