Stephen H. Branch's Alligator, Vol. 1 no. 17, August 14, 1858
History
Stephen H. Branch's Alligator, Vol. 1 no. 17, August 14, 1858
New York (N.Y.) -- Politics and government
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.
Public-domain text, read in full here on John Shaqi.
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