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
Mr. Ashmead replied that it had been so ruled in this Court in the case
of Coleman vs. Magoon, in 1818. The Counsell then pointed out the fact
that Mayor Tiemann had testified that he had been spoken to on this
subject nearly a year ago, and wanted to know why he had not then
pursued the originator of these stories. This showed clearly that Branch
did not originate the alleged libel, and that therefore there was no
malice on his part.—He complained that the testimony for the defence had
been entirely shut out by objections, and asked why the Mayor did not
come in manfully and clear his skirts of these charges, without
shielding himself under technicalities. He, however, did not pursue the
originator of this story, but when this poor man who considered himself
a sentinel upon the watch-tower of this great city, exposed what he
considered to be corruption in high places, then the Mayor pounced upon
him. Why did not the Mayor go into the civil court, as he could have
done, and then this poor man could stand on an equal footing with him,
and tell his own story? In God’s name if they wanted a victim let them
take him, but they should not condemn him without show of a trial. If a
sacrifice was required Mr. Branch was ready to be immolated; but here
was an extraordinary fact. Why did not Mayor Tieman bring forward the
matron? He had seen her before witnesses. If this thing was done, no one
knew it but his Excellency the Mayor, and this lady. No eye but that of
the Omniscient One above, saw the act if it had occurred? Why, then, did
he not bring this lady here, and then if she swore that it did not
occur, there was an end of the matter. But they might ask, why did not
he (Counsel) bring the lady? For a very sensible and legal reason,
because, if he had brought her into Court, she would become his own
witness, and he could not bring evidence to contradict her, whereas, if
Mayor Tiemann had put her on the stand, and she had told her statement,
then they could have cross-examined her and brought Evans and other
witnesses to contradict her. If, therefore, the prosecution had examined
her, and other evidence would have been admitted which had been shut
out, but by the course the prosecution had pursued half the defence was
made non-effective. He admitted that what was acknowledged by the Mayor
did not amount to proof, yet it was very extraordinary. The Mayor
admitted that there was a friend who visited the lady whom he ordered
should not be allowed on the island.—There was no impropriety shown in
these visits; he came every Sunday, he behaved himself, and yet he was
interdicted. Now there was other matrons there; they had friends, no
doubt, and yet this lady was the only one selected for deprivation of
her friend’s society. This to say the least of it was very
extraordinary. Another thing, the Mayor had lent this lady money, but he
lent money to no other matron. Now this was curious, if he was simply
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