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it contained five or six separate, distinct pieces of money, and,
though he could not swear to any particular piece, one of
which was a seven-shilling piece, he said that he could swear
his purse contained a half-crown, a seven-shilling piece, and
so enumerated the several pieces. It was not likely that
anybody else had a purse exactly like it. You yourselves will
see the value of that sort of identity not by identifying each,
but by identifying the whole. This man said, " I cannot
identify each separate piece of money, but I can identify the
whole, and my impression is that it is my property." That
will prove what I mean by a part of a case leading to one
conclusion, by another part of the case, though imperfect, yet
leading to the same conclusion, and strengthening it; by a
third leading to the same conclusion, although it is not per-
fectly made out, but still it adds strength to the general case
which is involved in a comparison of these different acts.
Gentlemen, that is the true value of circumstantial evidence.
If you believe the facts to lead to a conclusion, I think you
are bound to go on with that conclusion to the end. I shall
not trouble you further upon the hat that was found in the
prisoner's box or the watch or chain. With respect to the
evidence for the defence, I will not make any remarks on Mr.
Lee's testimony. If you believe from the appearance of the
prisoner that he could not do it you will say so. It is said
that he was lame that night, but it is quite plain from the
142



Charge to the Jury.



evidence that on the Sunday he was walking from six to nine Lord Chief
o'clock with his friends. If you believe that he was incapable
of doing it, of course, he did not, and, of course, he is entitled
to your verdict. Now I come to the alibi. That is entirely
a matter for your consideration, and I shall say very little
upon it. The evidence of Mary Ann Eldred whom it is im-
possible to see here without some compassion for the situation
of life which she is in consists certainly very much more in
saying what she cannot recollect rather than what she can recol-
lect. But certainly she stated that she went out at nine o'clock,
and that Miiller called at half-past nine o'clock. That is what
she said, and that she knew that he was going to America. He
asked her to go with him, and said if she did not that he
would return in six months. I think it is fair to say that
his going to America was perfectly well known. Then there
is the evidence of Mrs. Jones; and, respecting her husband, I
think a man who is living on the profits of such a calling as
that pursued by his wife is about the most infamous of man-
kind. How far the wife is some shades better than her hus-
band is for you to judge. Her evidence is for you to judge.
According to the case for the prosecution, the prisoner, between
seven and eight o'clock, was at Repsch's, and left there, taking
his boots with him, and saying he was going to Camberwell.
There was plenty of time for him to have gone to Camberwell
and to have returned, though not in the same omnibus as
Mr. Briggs.

SERJEANT PARRY Not the same.

The CHIEF BARON But he might have returned to his home.
These, I think, are nearly all the circumstances it is neces-
sary for me to call your attention to. If you wish the whole
of the evidence to be read over to you I will do so.

The jury consulted for a moment, and the foreman said,
"It is not requisite."

The CHIEF BARON Or any part of it?

The jury again consulted for a moment, and the foreman
said, "No, my lord, it is not requisite."

The CHIEF BARON I think that it is the more unnecessary
that I should do so, because you have had two able and



Franz Muller.

Lord Chief elaborate addresses from the two sides, and I have no doubt
Baron

that during the whole course of the investigation you have

paid considerable attention to the different evidence some
of which evidence emanated from questions put by the jury of
considerable importance. And now, gentlemen, I have
endeavoured to discharge my duties; it remains for you to
discharge yours. I must again tell you that the verdict is to
be yours. It is for you to decide the great and important
question. If I have in any part of my address to you inti-
mated any opinion, I have desired not to express any. I
have called your attention to circumstances which I think
you ought to consider. As far as I could, I endeavoured to
avoid the expression of my opinion, for it is not for me to
decide. It is for you to deliberate and decide according to
the best of your judgment. If you have collected any opinion
of any sort from what may have fallen from me unless so far
as it goes entirely with your deliberate opinion treat it as if
I had said nothing of the sort. The verdict is yours. The
law and the constitution have given to twelve men, sworn to
act according to evidence, to find a verdict of guilty or not
guilty. In deliberating on that verdict I doubt not that you
will act with impartiality and candour. You will remember
the duty which you owe to the prisoner to believe him inno-
cent until proved to be guilty; but you will at the same time
not forget the duty which you owe to the country and to
society at large. If the evidence leads you to a conclusion
of guilty, you will fearlessly act upon that evidence. You
will act according to your consciences, and give that verdict
which you believe to be just; and may the God of all truth
guide your judgment and conscience to the verdict which may
be satisfactory according to the truth and justice of the case.

The CLERK OP ARRAIGNS Gentlemen of the jury, please to
consider your verdict.

The jury signified that they wished to retire.

The proper officer of the Court was accordingly directed to
take them in charge to an adjoining room.

At three o'clock the jury returned into Court, having been
absent fifteen minutes.
144




Mr. Baron Martin
(From a Painting by Sir Francis Grant, P.R.A., in the possession of Lord Macnaghten).



The Sentence.

The jury stood up to answer to their names. The foreman
(Mr. Isaac Moore) and the others having duly answered to
the call,

The CLERK OF AKRAIGNS said Gentlemen, are you agreed
upon your verdict?

The FOREMAN We are.

The CLERK OP ARRAIGNS How do you find the prisoner at
the bar guilty or not guilty of the murder with which he is
charged 1

The FOREMAN Guilty.

The CLBRK OP ARRAIGNS That is the verdict of you all?
The FOREMAN Yes.
r. Baron Martin here entered the Court.

The CLERK OP ARRAIGNS Prisoner at the bar, you have been
convicted of the crime of wilful murder. Have you anything
to say why judgment of dying should not be given t

The prisoner did not reply.

The CRIER OP THE COURT Oyez, oyez, oyez! My lords the
Queen's justices do strictly charge and command that all
persons do keep silence while sentence of death is passing
upon the prisoner at the bar, upon pain of imprisonment.

Mr. BARON MARTIN, who had meanwhile put upon his head JJr. Baron

Martin
the black cap, then passed sentence. Franz Muller, you

have been found guilty by the jury of the wilful murder of
Mr. Briggs. It is no part of our duty to express generally
any opinion with respect to the verdict of the jury. It is
their province to decide upon your guilt or innocence. But it
is usual with judges to state, in passing sentence, if they
entirely concur in that verdict, and they do so for two reasons.
It is satisfactory to know if the opinions of the judges concur
with that of the jury ; and I am authorised by the Chief Baron
to state and I state on my own behalf that we are perfectly
satisfied with that verdict. If I had been one of the jury I
should have concurred in it; and I state so, for the second
reason, in order to remove entirely from your mind the possi-
bility that you will live in this world much longer. Within
i- i45



Franz Muller.

J*r. Baron a short period you will be removed from it by a violent death ;
and I therefore beseech you to avail yourself of what, I have
no doubt, will be offered to you, the means, as far as possible,
of making your peace with your Maker, and of preparing to
meet the fate which will very shortly happen to you. I forbear
from going into the particulars of the case, but there are a
variety of circumstances in which, if the evidence had been
gone into more minutely, would have more and more tended
to establish your guilt. The history of you during that day
is not difficult to judge. You left the house of Mrs. Blyth
about eleven o'clock. You remained at the house of Mrs.
Repsch until seven or eight, or nearly eight o'clock. You
stated your intention of going to see a young woman. You
went there, and it is obvious that your account of your time
is to show us that one hour and a half were consumed in going
to this house, and it may be that Mrs. Jones was telling the
truth when she supposed that you were at her house at half-
past nine o'clock that night. I am perfectly satisfied that
you were there much earlier, that she is in error in thinking
you were there so late, and that you came from this place, and
were probably tempted by seeing Mr. Briggs exhibiting the watch
and chain ; and there are other circumstances strongly tending to
the same conclusion, as seen from your history during the few
days of the following week respecting the money. You
exchanged the chain of Mr. Briggs for one that you got from
Mr. Death, and you immediately proceeded to pledge that to
raise a sum of money upon it. Having raised it, you pro-
ceeded to take out of pledge your own watch and your own
chain. Having them in your possession, you proceeded to
pledge them and get the money with which, no doubt, you
paid your passage to America. I have little doubt that this
is the history of the case that, moved by the devil, and for
the purpose of getting the money to go to America where it is
evident you intended to go you robbed Mr. Briggs of his
watch and chain. I wish to remove from your mind any
hope of an alteration of the sentence. After listening to all
the evidence which has been adduced, I feel no more doubt
that you committed this murder than I do with reference to
the occurrence of any other event of which I am certain, but
which I did not see with my own eyes. It only remains
146



The Sentence.

for me to pass upon you the sentence of the law which is Mr. Baron
not the sentence of the Chief Baron or myself for the crime
of wilful murder of which you have been convicted. It is
that you be taken from here to the prison from whence you
came, that from thence you be taken to a place of execution,
that there you be hanged by the neck till your body be dead;
that your body when dead be taken down, and that it be
buried within the precincts of the prison where you were last
confined. And may God have mercy upon your soul.

Mr. JONAS said that the prisoner had asked whether he
might be allowed to speak.

The CHIEF BARON said " Yea."

The PRISONER I am perfectly satisfied with my judges and
with the jury, but I have been convicted on false evidence,
and not a true statement. If the sentence is carried out I
shall die innocent.

The prisoner was then removed, and the Court adjourned.



'47



APPENDICES.



APPENDIX I.



EXTRADITION PROCEEDINGS AT NEW YORK.



(Daily Telegraph, Monday, September 5, 1864.)
THB GERMAN NATIONAL VEREIN AND FRANZ MULLER.

A meeting of the London branch of the German National
Verein took place on Saturday, under the presidency of Dr.
Gottfried Kinkel, at Seydr's Hotel, Finsbury Square, when the
committee for affording legal assistance to Germans in need, who
in this country may not be able to obtain it from the authorised
representative of their respective Governments, brought up their
report. The committee stated that, in compliance with the
expressed wish of the National Verein, they were using all
means in their power to aid the legal authorities in clearing
up the mystery as to the guilt or innocence of Franz Mullet
respecting the murder of Mr. Briggs.



September 6, 1864.

AMERICA.
Arrest of Muller.

The following telegram was received at Mr. Reuter's office
this (Tuesday) morning :

(Via Greenock.)

New York, Aug. 26 (Evening).

The " Victoria " has arrived at New York, and Muller has
been arrested. The hat and watch of Mr. Briggs were found in
his possession.

Muller protested his innocence, and the legal proceedings in
reference to his extradition are progressing.



Franz Mullet.

8/9/1864.
The Arrest of Mutter.

New York journals to the 27th ult., per the " City of Balti-
more," containing details of the examination of Muller before
the New York police authorities, will not reach London till a
late hour this (Thursday) morning. Up to last night the Chief
Commissioner of Police at Scotland Yard had not received any
communication from the detective officers sent out to apprehend
Muller. In the course of the day, however, letters are
expected .



12th, 1864.
Extradition of Muller.

New York, Aug. 30 (Evening).

On the 27th inst. the hearing of the extradition case of Muller
was resumed before the U.S. Commissioner Newton.

The British Government was represented by Mr. F. F. Mar-
bury, as on the previous day, while Messrs. Chauncey Schaffer
and E. Blankman appeared for the prisoner.

The Court was thronged with spectators anxious to obtain a
view of the accused, who sat with an unmoved countenance.

Mr. Blankman, on behalf of Muller, applied for an adjourn-
ment, to give time to prepare for the defence.

Mr. Marbury, for the British Government, opposed the
adjournment.

Mr. Blankman briefly responded, urging the motion for a
brief adjournment.

Mr. Schaffer followed for the defence, and maintained that
as yet there was nothing to justify the committal. The accused,
being a foreigner, he contended that the treaty under which
the extradition was demanded had been suspended, and he
also adverted to the " Florida " as being a pirate sent out
by English subjects.

Inspector Tanner having been re-examined as to the height
of the prisoner, Mr. Schaffer endeavoured to show that Muller
could not be one of the two men seen in the compartment with
Mr. Briggs on the night of the murder.

Commissioner Newton then delivered his decision, stating
that, under the circumstances, he was constrained to grant a
certificate, and commit the prisoner, being satisfied as to his
guilt.

152



Appendix I.

13/9/64.
(From the New York Herald.)

The following detailed report of the last day's proceedings in
the case of Miiller is from the New York Herald of August 28 :

The hearing in the extradition case of Franz Miiller, charged
with the murder of Mr. Thomas Briggs, near Hackney, London,
on the 9th July last, was resumed yesterday morning before
Commissioner Newton. The British Government, through its
consul at this port, was represented by Mr. F. F. Marbury;
the accused by his assigned counsel, Messrs. Chauncey Schaffer
and Edmond Blankman.

The examination took place in the United States District
Court-room, which was thronged with persons who evinced the
greatest interest in the proceedings, and who anxiously sought
for a view of the accused. The latter sat beside his counsel
with an unmoved countenance and a calm demeanour,
apparently the most uninterested and unaffected person in the
densely crowded Court.

Mr. Blankman said that, as the prosecution had closed their
case yesterday, having had everything in preparation for sub-
mitting it to the Court, it devolved upon him to make a few
remarks in urging upon the Court an application for an adjourn-
ment, to give the counsel assigned for the accused an oppor-
tunity to read over the testimony and to agree upon the proper
line of defence. There was, however, much to urge prepara-
tory to entering upon that stage of the proceedings. The
warrant issued for the apprehension of Miiller set forth that " on
the 9th July instant, he (Miiller) did feloniously, wilfully, and
of malice aforethought, kill and murder one Thomas Briggs."
If a case of murder had been made out in accordance with the
statutes of Great Britain and the law of this land, the duty of
the Court was certainly to be a plain one, but if to the mind
of the Court there did not appear to be (as it did not appear
to him) legal evidence of murder having been committed, then
the case did not come within the treaty of 1842, and there was
no ground whatever for the apprehension and commitment of
the accused. If the case even be one of manslaughter, it would
not come within that treaty. Whatever view might be taken
of the case, it would be but an act of simple justice to allow
counsel for the defence an opportunity to examine the testimony
adduced against their unfortunate client. He therefore moved
that the further hearing of the case be adjourned in order to
give counsel time to prepare their defence.

Mr. Marbury, on the part of the British Government,
opposed the motion for adjournment. On the day of the

'53



Franz Muller.

prisoner's arrest Mr. Beehe had been assigned by the Court
counsel for the accused. That gentleman had accepted the
task, and had an interview with the prisoner, and it was
expected that he (Mr. Beehe) would have been present to defend
him on the day fixed for the examination. The depositions in
the case had been handed to the two able counsel subsequently
(in consequence of the absence of Mr. Beehe) assigned for the
defence, and those gentlemen were present yesterday when the
testimony of the witnesses was given. This inquiry was a
preliminary one. The Commissioner was sitting in the capacity
of an ordinary committing magistrate, not for the purpose of
saying whether this man was absolutely guilty or not, but
whether there was a sufficient degree of suspicion of criminality
against him to justify his commitment for trial, supposing the
offence charged had been committed here. In other words,
supposing, instead of Mr. Briggs having been murdered
between Bow and Hackney, he had been murdered between
Twenty-seventh Street and Harlem, under precisely similar cir-
cumstances as appear in this case, the question would then be
whether the evidence that has been presented would justify the
commitment of the accused for trial in the ordinary way, and
according to the due course and progress of law. He (Mr.
Marbury) would extremely dislike to do anything bearing even
the appearance of a desire to withhold from the unfortunate
man any privilege or right which belonged to him; but it
seemed to him that the request made by counsel was not a
reasonable one. The whole facts lay within an exceedingly
narrow compass, and from the reading of the depositions, and
from testimony adduced yesterday, the general conclusion
arrived at must be that, whatever the ultimate fate of the
man may be, whatever the result of the more formal and legal
investigation, enough has appeared and transpired here to
justify his commitment. What follows? He is committed
for trial; he is sent to the scene of the murder, to the place
where he can find and produce witnesses who will state all the
circumstances of exculpation that can be found. A great and
appalling crime has been committed, and circumstances of great
weight and moment connected the accused with the commission
of that crime. Necessarily the case must undergo an investi-
gation, and it is not depriving the prisoner of the right to the
fullest and amplest defence secured to him by the common law
of England, and by the practice of English jurisprudence, to
commit him for trial. He did not think that anything was
likely to arise in the case that had heretofore failed to present
itself to the experienced and acute counsel on this occasion,
and it appeared to him that great inconvenience and detriment
would arise from any postponement of the case.

Mr. Blankman briefly responded to the remarks of the counsel

154



Appendix I.



for the prosecution, urging anew his motion for a brief adjourn-
ment.

Mr. Chauncey Schaffer followed for the defence. He advo-
cated no new doctrine, advanced no new law when he declared
that there was nothing in the evidence before the Court to
justify the commitment of the accused on the charge here pre-
ferred against him. The accused was a foreigner, a German
by birth, who had a few days since arrived on these shores in
the ordinary course of transit. When any man thus lands
here he is presumed to be innocent of any crime. The law
throws around him that shield of presumptive innocence, and
he is secure, and that power which sends forth fleets and
armies, and which on this occasion is embosomed in your
honour, is here to shield and defend him from any violation
of that principle. He was not present to-day to quarrel with
the policy of England; but here he would fearlessly state at
the outset that he did not regard the treaty under which it
was sought to extradite this man as anything else than a viola-
tion of the constitution of the United States, and utterly inopera-
tive. But why should he, a pigmy, go forth to meet in con-
flict the dead champion of the nation and Constitution? But
even he had been overruled as a lawyer. The great Webster
held, and ruled, and wrote, and declared that M'Leod, who
crossed the Canadian frontier and landed at Sloser, and who
murdered Duprey, and set the steamer " Caroline " on fire,
and then set her afloat so that she went down into the sublime
depths of old Niagara that he should be set at large. Great
Britain defended M'Leod's acts as justified by the mixed and
unsolemn state of war that then existed. Webster was for
discharging that man after he had been arrested on the
soil of New York, and indicted and held for trial and charge
of murder. But the supreme Court of the State held him,
and he was tried and acquitted, but the dignity and sovereignty
of the Empire State was vindicated, and " Excelsior " is her
proud title still. Now, the constitution of the United States
provides that no man shall be put in peril of his life or liberty
except upon indictment by a Grand Jury, or presentment of a
Grand Jury, which means the same thing. The extradition
of this man is claimed by virtue of a treaty between this country
and England. Treaties are made by the President and sub-
mitted by him to the Senate; and when ratified by that body
they become part of the law of the land, with almost the same
binding force as the Constitution itself, if the treaty be not in
violation of the Constitution. He would not stand there and
say that it were better that the nation should perish than
the Constitution be violated, but he would say that it would
be far better for him as an individual and for all others that
this once proud island and all it contains should be destroyed



Franz Muller.

better, indeed, that the goodly island should become a sand-
bank for the storms of earth and ocean to meet in conflict dire
that it should be a spot for sea monsters to fatten on than
that the supreme law of the land should be violated directly
by the treaty-making power or any other power. Now, by this
treaty you are asked to surrender this man to be tried for his
life before he is yet indicted, in that the treaty is in contraven-
tion of the Constitution. You are asked to do what the Pre-
sident and Congress could not constitutionally do put this
man in peril of his life before indictment for any offence is
found against him. He did not ask the Court to say that
the treaty was unconstitutional, but he would show conclusively
that it was at present suspended after the act, and the British
Government it is who seeks here for its enforcement. The
ocean is as much a portion of the heritage of the American
people aa the broad prairies of the West. He would come
briefly to the main point of his argument. It was an ele-
mentary principle recognised by the law of nations that a state
of war between two nations suspends the operations of all
treaties. But it may be said that there is no war between
this country and England; neither is there in their sovereign
relations incapacity, but there is war notwithstanding. There
does exist what the eminent Groteus terms " a mixed or
unsolemn state of war " between the two nations between the
subjects of England on the one side and the subjects of the
United States, as represented in her commerce on the ocean,
on the other. The test is easy of application. For
instance, the officers who are here in Court to-day repre-
senting their sovereign while in pursuit of this man sup-
posed to have his hands red with the blood of his
fellow man, were actually afraid that the supposed murderer


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