confirmed as he swore that he had made hats for Briggs for the last thirty-five years, that Briggs preferred the best-quality, twenty-one-shilling hats and that his most recent purchase was in September 1863, almost exactly a year earlier. Referring to the hat found in Müller’s box, Giffard asked, Does the measurement as to the fit of the hat correspond with the order given by Mr Briggs?
Yes, precisely , replied Digance.
Further, Digance remembered that Thomas Briggs complained after a few days that his new hat was a little loose and asked thata folded band of tissue paper be lodged under its brim to alter its fit. Taking up the hat in question, the hatter showed that the paper has been removed, but there are some fragments of the tissue left, showing where the paper has been . This unexpected development elicited another loud exclamation from the public seats.
The fact remained that this hat was much lower in the crown than the style favoured by Briggs, allowing uncertainty to remain as to its original owner. Digance’s hatmaker, Frederick William Thorne, was called next and his evidence was damning. He recognised the hat as one of his by his handwritten mark but he believed it had been cut down. The work has not been done as a hatter would do it. A hatter would have stuck it together with a hot iron and gum. That would necessitate the use of a block. This has been sewn round. He said that the lining, too, had been altered in a manner not used by professional hatters. He thought that the stitching used to alter the hat was uncommonly neat. It was evidently done , he said pointedly, by some one accustomed to sewing.
After five gruelling hours, at a little after four o’clock, the lawyers were done. As the magistrate Mr Flowers asked the prisoner whether he had anything to say, Müller looked up sharply. I have nothing to say now , he demurred in a loud but respectful voice, laying particular emphasis on the final word.
There had been no surprises. Having read over and signed the depositions, the magistrate ruled that the prisoner should be committed to take his trial on the charge of wilful murder.
*
An hour later, Müller was being led under strong guard out of the court towards a waiting police van. With loud groans and yells, the crowd broke through the ranks of the police stationed at some distance above and below the court to keep them back. Pushing and shoving, sweeping through the barrier, they made a rush at the van, reaching it just as the doors were closed. As it drove away with Müller inside, half the multitude pursued it, rushing down the street and banging on its side before the horses pulled ahead and began to draw clear.
It was unclear whether the mob had intended to lynch the prisoner. What was obvious was that it was wound to a fury so intense that it would take time to abate. In the meantime, those who had not given chase remained outside the court, howling, stamping their excitement, and stubbornly refusing to be moved on.
CHAPTER 27
The Trial: First Day
Franz Müller, you are indicted that you did, on the 9th July, in the present year, maliciously, wilfully, and of malice aforethought, kill and murder Thomas Briggs. Are you guilty or not guilty ?
Not guilty.
You are entitled to be tried by a jury partly composed of foreigners.
Serjeant Parry (for the prisoner): He wishes to be tried by twelve Englishmen.
This took the court by surprise. Aliens were entitled to be tried by a jury de medietate linguae – one half consisting of foreigners of any nationality. Müller’s wish not to take up the prerogative was so unexpected that a murmur ran through the room. It was a smart tactic. Parry was creating the impression that Müller would behave with all the unflinching honour expected of an Englishman, reinforcing the powerful effect of his calm, passive exterior. He might be a foreigner, but he did not behave like a scoundrel.
The next hour was dull. Parry had the right to object to any