OPINIONS OF THE PRESS.

[_From the N. Y. Express._]

THE BRANCH LIBEL CASE.—Stephen H. Branch has been convicted of a gross

and malicious libel upon Mayor Tiemann, Simeon Draper, and Isaac Bell,

and has been sentenced to be imprisoned in the penitentiary for one

year, to pay a fine of $250, and stand committed until that sum shall be

paid. The scene at the closing of the Court on Wednesday was a very

melo-dramatic one, and fully in keeping with all the previous steps in

this extraordinary case. Mr. Branch being asked what he had to say why

sentence should not be pronounced against him, made a long speech, in

which he reviewed the various events of his somewhat eccentric life; but

just as he commenced to allude to the libels, and to speak thereon and

the persons aggrieved, the court stopped him. The prisoner bore himself

with the air of a martyr to the cause of public virtue, and said it was

the happiest and proudest day of his life; but his excitement at the

close of his address was very great, and his delivery vehement and

earnest almost to weeping. The court was full of his sympathizers, who

did not scruple to say that they believed the convict to be more sinned

against than sinning.

This extraordinary case will long be remembered. The libels published

and circulated by Mr. Branch were the most outrageous ever perpetrated

in this city, and the prosecution has been in keeping with the

provocation, amounting in its virulence almost to a persecution.

Circumstances on the trial favored the presumption that the whole of the

proceedings had been decided upon in advance, even to the wording of the

recorder’s charge and sentence. His honor himself informed the counsel

for the prisoner that he had considered his possible application for a

suspension of judgment, had examined the point, and had made up his mind

that such a motion could not be allowed. Every precaution had been

taken. The whole power of the corporation—executive, legal, judicial—was

invoked to annihilate Mr. Branch, and the end was attained. The offence

was outrageous, and will admit of no palliation; but it was hardly good

taste in the powerful complainants to take every advantage of a criminal

whom many believe to be a monomaniac, and by the extreme vindicativeness

of the prosecution, give to the administration of public justice the

appearance of private revenge.

The arguments in the case were worthy of the best days of the criminal

bar of New York. Mr. Ashmead distinguished himself highly in his appeal

for the prisoner, and had the case gone to the jury before the cool and

dispassionate reasoning of Mr. McKeon had partially weakened the effect

of Mr. Ashmead’s eloquence, the result might have been different. The

charge of the Recorder was decidedly against the prisoner, and his

sentence, it will be seen, was severe in its terms to an excess that was

not called for. The punishment imposed was the extent of the law, and

was by no means disproportioned to the offence; but it was entirely

gratuitous on the part of the Recorder to drag into his remarks matters

extraneous to the issue, and not at all connected with the present

trial. The Recorder’s announcement of the rod he has in pickle for

certain other libellers who he intimates are shortly to be tried, will

probably put those prospective culprits upon their guard, and they will

at least have this advantage over Mr. Branch that they will not be taken

unawares.

We congratulate the distinguished citizens whose characters have been

cleared again by this conviction of Mr. Branch; but can assure them that

their fair fame by no means suffered so much from the attacks of the

“ALLIGATOR” as they presumed that it did.

We understand that Mr. Ashmead will to-day prepare a bill of exceptions,

and move in the Supreme Court for a writ of certiorari and stay of

proceedings. The bill will not be settled until late in the day, and the

motion in the Supreme Court cannot be made until to-morrow. In case,

therefore, that Mr. Branch should be sent to Penitentiary to-day, the

motion will not avail him. It is hardly to be presumed that when a

motion for arrest of judgment was denied without argument, the prisoner

will be allowed time to benefit by an appeal to the Supreme Court.

[_From the N. Y. Tribune._]

STEPHEN H. BRANCH was yesterday convicted of a gross libel on Mayor

Tiemann and others, and sentenced by the Recorder to the Penitentiary

for one year, and to pay a fine of $250. Considering that the libel,

however groundless essentially, appears to have had a real foundation in

statements made to Branch by persons whom he undoubtedly believed, and

whom his counsel had ready to produce (but their testimony was not

allowed), we must consider this sentence a severe one. We believe it

will excite for him a sympathy which it is unwise to provoke. Branch, we

believe, has been trying pretty hard to libel _us_ in his abusive little

sheet; but we have never considered his slanders worth any sort of

notice. It may be well to stop his career, but not to make him a martyr.

And we say most decidedly, that considering the libel for which he was

indicted was really based on information furnished him by persons whom

he had reason to believe, we deem his sentence a harsh one, and trust it

may be mitigated by pardon.

[_From the New York Times._]

The verdict and the sentence startled a great many people. BRANCH was

immediately surrounded by a troop of friends, who nearly shook his hands

off with their greetings. He was followed to the Tombs by a large crowd,

who only left him at the gates of that edifice. But though incarcerated

in prison, we have not as BRANCH says, heard the last of BRANCH.

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Stephen H. Branch's Alligator, Vol. 1 no. 17, August 14, 1858 · 第 11 / 15 题