OPINIONS OF THE PRESS.

We conclude, the public feel slightly interested in our libel case;

therefore we shall take the liberty to lay before our readers a few

extracts from the weekly press of our city, as we did in our last the

opinions of the dailies.

[_From the N. Y. Weekly Despatch._]

During the last three months Branch’s _Alligator_ has been the talk of

the town. Through the columns of his little sheet, Branch has made

charges of the most serious nature against prominent citizens and office

holders. At first no notice was taken of these attacks, finally,

however, these charges were so generally talked of that it became

necessary for the parties assailed to notice them. Mayor Tiemann, Simeon

Draper and Supervisor Bell united in a complaint before the Grand Jury,

who found an indictment; whereupon all the rest of the individuals who

had been honored with the attentions of the _Alligator_ set to work to

aid in bringing Branch to justice. His case was set down for trial in

the sessions on Monday last. When the case was called, Branch announced

himself ready for trial; the District Attorney, however, said he would

not be ready till Tuesday. An attempt had been made on Saturday to

prejudice the case by one of his bondsmen, being indused to surrender

Branch, and on Tuesday, in the middle of the trial, Mr. Southworth, the

other bondsman, went into Court and surrendered him. In both cases other

parties came forward and took the places of these pretended friends. By

applying the sharpest rules of legal practice, his testimony was ruled

out and Branch was convicted, and without giving him time to breathe, he

was sentenced to pay a fine of $250 and to be imprisoned in the

Penitentiary for one year. The Recorder in his remarks volunteered the

gentle hint to the rest of the newspapers, that there were a number of

other editors whom he meant to put through a similar course of sprouts.

While we do not care to quarrel with the verdict of the jury, and

certainly do not wish to be understood as advocating the license of the

Press to assail unjustly the character of any individual in the

community, we must say to the Recorder and the parties to the trial,

that we hardly think they will find any other case in which they will be

permitted to put an editor through with quite such railroad speed,

though we admit that if justice were as promptly administered in all

cases, the Court of Sessions would stand much higher in public

estimation. Of the real merits of Branch’s case we have no means of

judging. That he believed the truth of the charges he made we have not

the slightest doubt. If there was any falsehood in the matter, he was

the dupe of it and not the perpetrator, and we sincerely regret that the

prosecutors saw fit to avail themselves of legal technicalities to shut

out what his witnesses had to say. It is quite as unfortunate for them

as it is for Branch. While their suppression consigns him to prison it

leaves the prosecution open to invidious comments, all of which might

have been silenced by dragging the slanderers (if such they are) into

the light of day and refuting these calumnies. That, however, is their

business, not ours. In the meantime poor Branch has been consigned to

the tender mercies of the Ten Governors—one of whom, at least, has

publicly announced his determination to “put him through the _roughest

course of training_ any man ever got on the Island.” We were surprised

to hear that the Governor in question had made this _heartless_ speech.

We supposed him to be a _Christian_ and a _man_, but we cannot reconcile

the idea of striking a fallen and powerless brother as either an

evidence of _Christianity or manhood_, and we trust the Governor will

yet see the impropriety of attempting to put his threat into execution.

We see by this morning’s _Express_, that Branch was on Friday seen in

the quarry with his hands all a mass of blisters, working away under a

broiling sun. This looks as though the Governors intend to give him the

full benefit of his sentence.

The _Herald_ takes the occasion of Branch’s conviction to read us a

lecture on the enormity of scurrility and libel. No other print in the

country is so well qualified for the task. Bennett evidently thinks New

Yorkers have short memories, not to recollect the obscene and licentious

character of the _Herald_ in its earlier days. He has used Branch as

often as any other paper in New York to abuse people towards whom he had

incurred a hostility, but now he is down, Bennett kicks him with the

rest. We perceive that George Wilkes has commenced a libel suit against

Bennett for what he said of _Porter’s Spirit_.

[We have taken the liberty of _italicizing_ a portion of the above

article—_Ed. Alligator._]

[_From the Sunday Times._]

LIBEL CASE CHARACTERISTICS.—The conviction of Stephen H. Branch, before

Recorder Barnard, on Wednesday, of a libel on Mayor Tiemann and two

other public officers, naturally created a sensation. So did the remarks

of the bench. Sentencing Mr. Branch to a year’s imprisonment in the

penitentiary and a fine of two hundred and fifty dollars, while such a

man as Peter Dawson is subjected to incarceration for only sixty days,

is not likely, however, to exert a wholesome effect upon the public

mind. We have no doubt the recorder meant, by his severity, to make an

example of Branch, in order to deter other indiscreet men who are more

led by their impulses than their judgment from indulging in similarly

reprehensible publications: but we conceive that justice administered

with such rigidity, under the peculiar circumstances of the case, might

seem to wear the aspect of persecution; and converting Branch into a

martyr, neither elevates the character of the court, nor wins the moral

sympathy of public opinion. The general mind has really appropriated the

idea that because Branch attacked so important a person as Mayor

Tiemann, the whole power of the corporation has been consolidated into

one grand vindictive effort to crush out the courageous but silly

slanderer. Every one naturally murmurs, therefore, if this be so, who

may not be the next sacrifice? Common rumor does not hesitate to

insinuate that the character of the proceedings taken against Branch,

and the peremptory treatment bestowed upon the counsel for the prisoner,

were the result of a preconcerted arrangement of the authorities. This

assumption believed, who feels secure of justice should he be

unfortunate enough to incur the enmity of a coalition so potential?

Mr. Branch’s libels were coarse, scandalous, and boldly reiterated. It

was difficult to believe them wholly foundationless, because an

investigation was demanded with such persistent audacity. Branch openly

avowed his readiness to establish all his statements, however

defamatory; and although they criminated citizens whose good name we had

always been taught to esteem, they started our incredulity, and set

every thinking mind astir with painful distrust. We were glad,

therefore, to find a legitimate course adopted, and an appeal to the

laws made to decide the truth or falsity of the accusations.

Mr. Branch, as a libeller of the most extravagant kind, merited condign

punishment; but, after all, it is very clear that Mr. Branch’s strange,

wild, energetic, incoherent nature, has been made use of by somebody

else to accomplish his own purposes. Branch has been the catspaw of some

deeper and more sanely plotting intellect behind the curtain; and we

regret that the Recorder considered it necessary to rule out the

testimony which might have introduced us to the principals in this

offensive operation, instead of their harum-scarum instrument. It would

have been, as far as the libelled ones are concerned, much better to

have probed the whole affair to the bottom, even if the exact rule of

evidence had been made to yield temporarily to the exigency. It would

have been better for them to let the public perceive precisely on what

ground all this edifice of mendacity had been constructed. It would have

exhibited the confidence which belongs to conscious innocence. It would

not only have exposed the real wire-workers of this game of wholesale

calumniation, but, in demonstrating the integrity of the parties

assailed, it would have left no unexplained mystery, no dubious point of

fact, around which malice might still gather the shadowy wind-breath of

current scandal. If, however, they are satisfied, we ought to be. We are

not convinced that Randall’s Island is a paradise of official morality,

and the great public would not credit us were we to hazard an assertion

to that effect; but we _are_ satisfied that the particular charges made

by Mr. Branch are untrue, though imposed upon him as truths, and we hope

that, having had their probity completely substantiated in the premises,

the gentlemen so recklessly accused by Mr. Branch are not disposed to be

vindictive.

In conclusion, we must be permitted to say that we do not admire the

tone of the Recorder’s remarks on passing sentence. It is the first time

we have had occasion to allude to this gentleman except in terms of

merited commendation. We entertain a high opinion of his general

impartiality. His promptitude, his disdain for pettifogger’s quibbling,

his nice sense of justice, and his freedom from those tainted

associations which rob the bench in some quarters of dignity and public

confidence, have all contributed to place him in the front rank of our

criminal magistracy. We do not impugn his integrity, therefore, but the

quality of his judgment both in imposing so severe a sentence upon this

weak and foolish victim of designing knaves, and in speaking of “other

libellers,” to all of whom he contemplates meting out a “similar

punishment.” We know very well that he intended to threaten no

respectable press, or to hint at fetters _in terrorem_ upon its proper

independence—but his language may be easily misinterpreted; and when we

consider how liable the most prudent journalist is to daily imposition,

the observation that “this verdict settles the fact that no man can make

an assertion in a newspaper without being liable to be punished

criminally, unless he can substantiate it,” seems to us one of

gratuitous harshness, and in any body else would be called one of

petulence and ill-humor. Branch’s excitement, however, had doubtless

disturbed the usual current of quiet feeling which characterizes the

conduct of the Recorder, and we see the effect. The best of us are open

to these influences, and we are not inclined to forget how much the

community owes to the general honesty and equity of Recorder Barnard, in

our exceptions to what is, perhaps, but a hasty expression or so in the

present instance.

Considering that there are at least 10 or 12 suits for libel pending

against the _Herald_, for gross and malicious libels upon sundry

respectable citizens, it is really refreshing to peruse its comments

upon the warning given by Recorder Barnard in the Branch case, to

libellers generally. What the _Alligator_ IS, the _Herald_ WAS; and if

the latter has improved in decency in proportion as it has increased in

responsibility, necessity, not choice, lies at the bottom of the

metamorphosis. We are afraid that the Recorder’s hint was purposed, in

fact, for the special edification of the _Herald_. And, notwithstanding

that journal’s sudden disposition to saponize _both_ the gentlemen on

the bench of the General Sessions, instead of its customary one, the

Recorder may chance to give its responsible conductor a lesson of

impartiality he little expects by coercing him, despite his

self-importance, to keep company with Mr. Branch, as a reward for some

of his virulent assaults on private character.

[_From the N. Y. Sunday Mercury._]

BRANCH’S SENTENCE.—Quite unexpectedly the trial of Stephen H. Branch,

for libel against Mayor Tiemann, Simeon Draper and Isaac Bell, was

brought up and dispatched, during the past week, with a velocity which

would make the most wholesome impression, were the rest of the District

Attorney’s calendar put through with equal promptness and exemplary

effect. Branch was found guilty, and sentenced to one year’s

imprisonment on Blackwell’s Island, and two hundred and fifty dollars

fine. The _Tribune_, in alluding to this sentence of Branch by Recorder

Barnard, says:

“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.”

By the press generally, the matter is regarded pretty much in the same

temper, excepting the anomalous instance of the _Herald_! That

immaculate sheet takes occasion to give utterance to any extent of wrath

and indignation against Branch and his _Alligator_, and

characteristically against such of its cotemporaries, present and past,

as it would desire to denounce and stigmatise, with an odor which has by

no means been washed from its own bedraggled garments. Indeed, as the

direct object of the _Herald_ would appear to be a malicious fling at

the _Spirit of the Times_ in view of another case on the Recorder’s

docket—that of Judge Russell’s indictment—so the _Herald_ lays itself

liable to another indictment, which has been duly entered against

Bennett for no less than twenty-five thousand dollars.

The _Herald’s_ fulminations, and the political pressure brought to bear

upon Branch by his prosecutors must inevitably have the effect of

exciting a warm public sympathy for their object. Such, indeed, is the

manner in which the infliction of the full penalty of the statute is

regarded in this case, that the prosecutors themselves will be forced to

step in as petitioners for a pardon, or incur no little odium in the

business. Besides, what is very sensibly remarked by the _Tribune_, as

to the foundation of Branch’s charges, it might be added that the public

have no means of judging whether those charges are well founded or not.

By a course of proceedings altogether extraordinary on the part of the

prosecution, the apparent real evidence in the case was completely

excluded, and Branch convicted solely upon the oaths of his prosecutors,

without an actual investigation of the presumed issue on which the libel

originated. The public are largely exercised on the matter, and inquiry

is particularly active as to who the “Matron” really is? Why she was not

put upon the stand, and what she could have to say for herself? How

would her previous character have justified her taking the stand as a

witness, or of holding the position she has occupied under the chief

magistrate? These points are matters of curious comment among the

people, necessarily provoked by the seemingly harsh and rough-shod

procedure in the case. It is to be regretted the matter was not fully

cleared up by the production of the entire evidence.

HOW BRANCH CONFRONTS HIS FATE.—The renowned tamer of alligators—I may as

well add, _en passant_—was duly surrendered to Warden Finch on Thursday,

having been escorted hither to his prison by a little host of friends,

whose temper indicated no disposition to desert him. Sympathy is

strongly in his favor, on the ground, of course, that, whatever may be

thought of his offence, his treatment at the hands of the officials and

lawyers, has been such as only a weak and comparatively friendless man

like him would meet. You will soon see his prosecutors forced to sue for

his deliverance, just as eagerly as they have pressed for his

imprisonment.

Besides the sensation created here, it has been noticeable that a

general scattering—“on leave”—of certain subordinates, has taken place

during the late “inquest.” It is doubtful if Stephen will, even here,

have a chance to confront the mysterious “matron.” The fright of the

trial being apparently over, the fugitives from the Alms-House will

doubtless return forthwith. Under the discipline of these precincts they

will find their best protection, as well from the impertinence of

cross-examining lawyers, as from the no less stringent inquiries of a

keen public curiosity, mainly aroused by the suppression of the inside

testimony which could be found here. The nature and source of this I

have already pointed out. Should the motion in arrest of judgment reopen

the trial, it will doubtless be for the admission of the main evidence

in the case, so mysteriously and adroitly evaded by the prosecution.

Then only can the provoking rumors, now so general, be set at rest, or

satisfactorily determined.

The fate of Branch here, it appears, will be in no degree lenient, as

there is more than one petty tyrant under the vice royalty who seems

desirous of venting his spleen upon the unfortunate man. He has taken

his place, it appears, already, by direction of the keepers, beside the

common fellows in the quarries. The directions of one of the Governors

is quoted to the effect that he would be “put through the roughest

course of training any man ever got on the Island.” I have purposely

withheld a variety of matters in connection with these precincts this

week, until the interests with Stephen, with regard to the Ten

Governors, is more definitively settled.

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Stephen H. Branch’s Alligator.

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New York, Saturday, August 21, 1858.

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If there be one thing more than another on which we had fully made up

our minds it is this: that our country is pre-eminently free—yea, the

freest in the whole family of nations. But the history of the past week

has taught us how very easily it is to be mistaken.

The trial of Stephen H. Branch in our Court of Sessions, a few days ago,

teaches us a lesson which we ought not soon to forget. From the time

that our great nabob, Mayor Tiemann, associated with the Peter Cooper

_guild_, first made their complaint, or “Trinity” of complaints, down to

the passing of the sentence in the Court of Sessions, the trial was one

of the most vindictive and one-sided affair, on the part of the

prosecution, that we recollect during our sojourn on this “miserable

globe.”

In the first place, it was proved on the trial that one of the

complainants, or more properly _persecutors_, had never been before the

Grand Jury. In the second place, it would appear that indictments by the

dozen must have been preferred against the accused; for if we recollect

aright, he was arrested every day for nearly a fortnight, previous to

his trial. And again we have been told—how far it is true we care not to

inquire—that one man who professed great friendship for him, and became

his bail on the last arrest, two days before his trial, on the following

day withdrew his bail, and delivered the unfortunate man up to his

adversaries; and in consequence of this latter act realised a contract

from the city authorities. “Save us from our friends.”

If all this be true, it is one of the most arrant pieces of villany ever

recorded of Christian men.

When we come into court we, unfortunately, if possible, find things

worse. The ruling of the Judge was altogether too strict—too severe—in

fact too arbitrary. The Judge, it appears to us, made it a point of his

business to shield, as much as possible, the complainants on the one

hand, by interfering in behalf of the Mayor, when he was being

cross-questioned by defendant’s Counsel; whilst on the other hand he

ruled out the principal evidence in support of the defendant, and of

course deprived the accused of the slightest shadow of a chance to

establish his innocence.

Then comes the Recorder’s charge to the Jury. And that we think is in

keeping; or, perhaps, we ought to say an improvement on the spirit of

the whole proceedings. Let any one sit down and read that charge calmly

and dispassionately, and we venture to assert that for severity the

reader cannot find a case to surpass it, nor perhaps even to equal it in

the history of modern English jurisprudence.

Then, if we consider the hurried manner in which the prosecution got up

this trial, and their mode of conducting it, as described above, we must

consider the proceedings unwarranted by the premises; and forms a great

contrast to the tardy manner in which our Courts mete out their

infinitismal doses of punishment to Thieves, Burglars, Murderers and

Desperadoes.

There is still another charge, which in our opinion is the gravest of

all. After the rendition of the verdict the counsel for the defence

moved a stay of proceedings; now mark the reply of his honor. _That he

had yesterday considered the possibility of such an application, and

had_ THEN MADE UP HIS MIND _that it could not be granted_. So from this

it would appear, that the whole affair was settled before the parties

came into court; and so far as the trial goes, it was simply a

collateral incident of the proceedings, and not at all an operation for

attaining the great end of justice.

Now, we do not say a word as to the guilt or innocence of Mr. Branch. He

may be guilty—he may be innocent; we are just as far, if not farther,

from that point than we were a month ago; and this is the ground of our

complaint.

If such proceedings be allowed permanently to obtain in our courts of

justice, then we say that “trial by jury becomes a mockery, a delusion,

and a snare.”

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Stephen H. Branch's Alligator, Vol. 1 no. 18, August 21, 1858 · 第 2 / 18 题