Papurau Newydd Cymru

Chwiliwch 15 miliwn o erthyglau papurau newydd Cymru

Cuddio Rhestr Erthyglau

11 erthygl ar y dudalen hon

I THE _APPLICATION FOR EXTRADITION.I

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THE APPLICATION FOR EXTRADITION. I (From the New Yorlc Herald of Åug/Ut 27th.) I The hearing in the extradition case of Franz Muller, charged with the murder of Mr. Thomas Briggs, in a first-class railroad car, near London, on the 9th of July last, was resumed at eleven o'clock yesterday, in the United States District Court-room, before Mr. Com- missioner Newton. The crowded condition of the court-room evinced the great interest manifested in the case. Mr. Beebe, who had been assigned as counsel for the accused, not being present, there was some delay in commencing the proceedings. Mr. Edwin Blaukman, after a brief consultation wieh the prisoner, stated to the commissioner that the accused expected his sister in court, and would then make some arrangement as to counsel. The Commissioner (to the accused)—Is your sister here ? The Accused (standing up, holding a blue cotton hankerchief in one of his hands, and speaking with a slightly foreign accent)—I am expecting her, air. The- Commissioner—Has your sister any friends here ? The Accused—I do not know, air; she came to the country by herself. The Commissioner-Well, I will assign Mr. Sh tfrer and Mr. Blankman as counsel, if there be no ob- jection. Both these gentleman being in court, they accepted the charge, and took their seats at the table where the prisoner was seated. He is of small stature and slightly built. He wore a dark tweed shQoting jacket, a dark vest buttoned high up, and a white necktie, and has somewhat of the appearance of an English hostler. His eyes are small, and so deeply set that at a few yards' distance from him one can see only the shadow of the brows. The face is a narrow oval, and has neither wiikers nor moustache. The hair is quite light, and is carefully combed. There is nothing about his appear- ance indicating any murderous propensity; on the con- trary, he would pass anywhere for 1\ quiet, inoffensive person. He keeps his lips closely compressed, and be. trays no sign of emotion. On the other side of the table, beside Mr. Marbury, counsel for the British Government, sat Mr. Tanner, the inspector of detective police at London-a gentlemanly, open-faced, intelligent-looking man. Mr. Kerressey, local inspector of the metropolitan police, was also present, together with several others of the English wit- nesses ° After some little delay, to permit counsel to confer with their client, Mr. Marbury stated the circumstances under which he asked for a warrant of extradition against the accused. By the terms of the treaty between the United States and Great Britain of August 9th, 1842, it is provided that persons fleeing from justice from the one country, and being found in the other, charged with certain euumerated crimes, may be de- manded and shall be delivered up on the production of such proof as would justify the commitment of the offender for trial in the place where apprehended. Un- der this treaty, and the laws passed for carrying it into effect, a requisition was now asked that Franz Muller, the prisoner at the bar, who is charged with having murdered Thomas Briggs, in the county of Middlesex, on the evening of July 9th, 1864, be surrendered for trial. Counsel briefly recapitulated the circumstances of the murder, which need not be here repeated, and he proposed to read the depositions of the witnesses taken in the case in London, before Mr. Henry. one of the po- lice magistrates, and which were authenticated by the certificate of Mr. Adams, United States Minister to the Court of St. James. Mr. Shaffer-Are the persons who made these deposi- tions to be cross-examined here ? Mr. Marbury-No, air. Mr. Shaffer understood the rule to be that in criminal proceedings no ex parte affidavits are admitted. Mr. Marbury cited the Act of Congress providing that depositions, warrants, or other papers, or copies thereof, shall be received in extradition cases, if properly and legally authenticated, and making the certificate of the principal diplomat., or consular officer of the United States resident in the country where the offence was committed proof that the papers are properly authen- ticated. The Commissioner decided that the depositions in the case, certified by the American Minister, were competent evidence The depositions were then affered and received in evidence. Richard Tanner was then examined by Mr. Marbury, and testified as followsI am inspector of the detective force, metropolitan police, London. My attention was first called to the case on the 10th of July. I was di- rected by Sir Richard Mayne, Commissioner of Police, to undertake the inquiry. I went to Bow, and put my- self in communication with the local police. I received there a hat from Inspector Kerressey. I have since kept it uader lock and key it is now in London, in the box, in the strong room; it is an ordinary black hat, bent and broken; it has the name of T. H. Walker, 42, Crawford-street, London, as the maker. I exhibi- ted it to Mr. Matthews, who is here present. 1 was present at the taking of the depositions before the ma- gistrate, Mr Henry, on the 19th of July. I saw him swear the witnesses, and saw them sign the depositions; Mr. Hjnry certified them after they were put together; he is the chief magistrate, and has been, to my know. ledge, for 10 or 12 years; I have been connected with the metropolitan police force for 14 years; I rose from the ranks to my present position; we have all to do that. I have been in the habit of seeing preliminary de- positions in cases of crime in England on which warrants are issued the depositions in this case are in the usual form. I received the depositions of the 19th of July from the hands of Mr. Henry, the magistrate; they are original depositions; I got them certified by Mr. Adams, the American Minister. I produced the hat before Mr. Henry on the 19th rf-fcily. when these (leposit?ons ?re taken I produce-!? th. witness Ames; it was in reference to it that A ?testined; I showed it also to the cabman, Matthews. I produce" pawn ticket here; I got it from the witness Haffa on the afternoon of the 18th of July; it is the same ticket to which Haffa refers in his deposition. There were also pro- duced on the examination a walking stick and black bag which had belonged to Mr. Briggs, and the card box spoken of by Mr. Death, the jeweller. leaned the compartment of the railroad car, and observed the cushions covered with blood. I was present at the coroner's inquest, and saw there the body of Mr. Briggs. The paper I now (produce is a proclamation offering f 300 reward for the apprehension of the murderer; it was issued by me on the 16th of July in London. I got a description of Mr. Briggs' watch from the watch- maker at Hackney, who had cleaned it not long before, I was referred to him by Mr. Briggs' son. (It is des- cribed as a large old-fashioned gold lever watch, open j face, with the number and maker's name.) Counsel for accused objected to heamy evidence as to the description of the watch. Objection sus- tained. Cross-examined by Mr. Shaffer-I was not acquainted with Mr. Briggs in his lifetime. I had never seen him till I saw the body at the inquest. I do not know, of my own knowledge, that it wat3 the body of r. BriggL I applied no test to determine whether the stains on the hat were stains of blood. I do not know how many per- sons occupied the compartment of the car in which Mr. Briggs had a seat. Frum Bow to Hackney Wick is about three miles. I know nothiug of the appointment of Mr. Henry, the magistrate. Walter Kerressey, examined by Mr. Marbury.-I am inspector of K division of the metropolitan police sta- tioned at Bow. My attention was first called to this case on the morning of Sunday, July 10. I saw Mr. Briggs both before and after his death. I sent a con- stable to the Camden-town station for the hat, and re- ceived it from him. I have been connected with the metropolitan police of London over 14 years. I know, Mr. Henry, the chief magistrate at Bow-street, about twelve years. I was present when all these depositions were taken before him at Bow-street, on the 22nd of July. The witnesses were sworn by Mr. Henry, and signed them before him. This is Mr. Henry's certificate. I received the original depositions from his hands, and I brought them with me to this country. There was a hat produced before Mr. Henry on the 22nd of July. It was the same that I got from the constable. I gave it to inspector Tanner. I remember the de- portion of Mr. Ames, one of the railroad guards. The hat was exhibited to him, and he testified to its being the same that he found in the railway carriage. I also showed the hat to Elizabeth Repsch, and it is the one to which she refers in her deposition. I also produced a gold chain. I produce it now; also the hook belong- ing to the chain and a small ring. I received the chain from Mr. John Death. The hook I saw taken off the deceased by his son; the small ring I received from Mr. Brereton, the surgeon it is the one to which he testifies in his depositions; the chain is the one to which the witnesses Mr. Thomas J ames isnggs, Air. bucuan, and Mr. Robert Death, referred to. There was a new chain presented to Elizabeth Repsch on her examination. It was produced by Young, the pawnbroker's clerk. It was in reference to it that she and Haffa and Uobart Death testified. The card box was also exhibited on the 22nd July. Cross-examination by Ir. Shiif"or-Tlie ex,,tminati,)n of the witnesses on the 22nd July occupied about seven hours, I received the depositions from Mr. Henry, and gave them to the Superintendent; I was not present when the American Minister gave his certificate the papers were returned to me by th" Superintendent; I am not acquainted with the signature of Mr. Adams. Mr. Marbury supposed that Mr. Adams' signature could be proved by Mr. Shatter himself, as he had been (Mr. S.'s) candidate for the vice-presidency. Mr. Shaffer.-Yes; but I never helped to hang a client of mine if I could help it. The commissioner ruled that the certificate of the United States Minister, under the seal of the legation, should be received in evidence. Mr. John Death, examined by Mr. Marbury. —I re- aide at 55, Cheapside, London. I am a silversmith and jeweller, and have been in that busihess 32 years. The chain now handed to me I purchased on the morning of the 11th of July from the prisoner (here Muller stood up to be identified). I was called into the shop by my brother, and this chain was handed to me by him for me to value. I put it in the scales to weigh it. The prisoner looked to see me do it. I told him I would give him t3 10s. for it. He looked at another chain which was priced £3 15s., but he declined to pay the difference. I then showed him a chain at £ 3 os., which he agreed to take. I then asked him what he would take for the 5s., and he said a finger ring. I showed him one at the price having a white coruelia stone with a head engraved upon it. He fitted it on his finger and kept it. My brother handed m^ a paper box on which was a label having my name and address, into which I packed the chain I had sold, and made a parcel of it and delivered it to the prisoner. He then left the shop. •I again saw that box on the following Monday night. It was shown to me by Inspector Tanner. I identified the box as being the one that I had picked the chain in; that is the same box that I saw at the magistrate's erftce in Bow-street on the 19th; the prisoner was in my shop about ten minutes. Q. Have you any doubts at to the prisoner's identity ? A. Not the least. Q. When did you next see him? A. Yesterday morning, on board the Victoria I was requested to go into the cabin where the prisoner stood among a number of otlie)-s- eight or nine-all of them strangers to me after looking at them all I told Inspector Tanner that the second was the man. Q. Do you feel any doubt whatever about his identity. A. No; not the least whatever. Cross-examined by Mr. Blankman.—I do a pretty large business. I had never seen this man before he produced the chain. There was no special mark a bout him by which to identify him, except nis neignt auci the general appearance of the man. I am not able to say whether he had whiskers or not, but he had no mus- tache or beard. I should say he was under the middle height. I should not call him a thickset man, but rather siight. Mr. Blankman called attention to the testimony of Mr. Lee, who spoke as to the persons in the same car with deceased. One of them he described as tall and thin, and the other as a thicktset man. Cross-examination continued.—At the time I pur- chased the chain I had not read of the murder; soon afterwards my attention was called to it, and I was struck with the fact that the chain I had purchased lacked the hooks, and I immediately wrote to Inspector Kerressey informing him of the circumstance. The description given in the proclamation is made up from that which I and my brother gave of the man from whom I had bought the chain I never saw the same pattern of chaiu before it has a certain peculiarity by pattern of chain before ir which once seen I would recollect it again; a chain somewhat like it is called the Clyde chain. I would not call this an Albert curb chain this is a swivel seal; the description of this seal given in the proclamation does not properly describe the chain. Jonathan Mathews, examined by Mr. Marbury —I am a cabman, living in London. I know Franz Muller, the prisoner, perfectly well. I have known him about two years. He has been in the habit of visiting me frequently, as often as twice or thrice a month. He has been working as a tailor. I bought a hat for him. He had come to dine with me one Sunday, and he saw me with a hat which he liked. He tried whether it would fit him, and found it was a little too tight for him. I said, If I get you one made a little easier than that, will it fit yon ?" He said, Very nicely." I did according to his wishes, and had it home the Saturday following. It was made by a man named Walker, in Crawford street. He were it up to within there weeks of my last seeing him. I have since seen that hat. I saw it at the detective oiffce, Scotland-yard, London. I described it to the inspector before he showed it to me. I had remarked it three weeks before, and told Muller it was getting shabby. He said he would wear it a while longer. The jeweller's card box I saw at my house on Tuesday morning. He had given it to my little girl to play with. I thought nothiug of it till I saw the hand- bill. It had the name aud address of Mr. Death, the jeweller, on it. I had never got anything from Mr. Death. Cross-examined by NI r. Shaffer.-This hat was exactly like mine, except that this was easier. I should not think there were any similar hats in the store, as I get my hats made to order, and this one was-made to order; it was some two or three weeks before Christmas. Q. Did you have your head measured for the hat? A. No; they do not measure heads; they measure hats. (Laughter). I always found the accused to he a very steady, industrious, honest man, regular in his habits. I should not have hesitated, on oath, to give him a good character. George Clark, examined by Mr. Marbury.—Am sergeant of the London detective force. I boarded the Victoria the other day, in company with a New York officer, John Tiuraann Tiematiu told the prisoner that he was charged with the murder of Mr. Briggs, in Lon- don. I followed by saying, On the London and North-western railway, on the 9th, between Bow and Hackneywich." He said, I was not there; r never was on the line." The officer searched him, and took a key from his waistcoat pocket. This is the key. The prisoner said it was the key of his box. I afterwards fetched the box into the cabin, where the prisoner was standing. He told me it was his. I unlocked it, and among other things I found a gold watch and a hat. This is the watch and hat. Mr. Marbury called attention to the fact the watch produced was an old-fashioned watch, made at Hackney; and the evidence in the case showed that the watch of the deceased was an old-fashioned one, and that he lived at Hackney. Jonathan Mathews was recalled by Mr. Shaffer, and the hat found upon the prisoner, supposed to have be- longed to the murdered man, was then tried upon him and found an eisy fit. John C. Tieman, examined by Mr. Marbury —Am connected with the detective force in this city. I made the arrest of the prisoner, having been deputed by the United States -Marshal. I took out of the prisoner's pocket the key of his box, and was present when the box was searched. Cross-examined.—The prisoner said he had had the hat about a year, and the watch for two years. This closed the case on the part of the British Govern- ment, and the further hearing was adjourned till Satur- day morning at eleven o'clock.

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