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 then submitted several points,—upon which he argued,—namely:
That if the libel was published with an honest motive, then the
defendant was guiltless: that the Jury, in Libel cases were judges of
the law as well as of the fact, they having the right and the sole right
to determine what was and what was not a libel, and this was the law in
England and Ireland, also. He contended that according to the Mayor’s
testimony the base of the libel was true, and if so, he begged and
pleaded that the Jury would not, for the sake of truth, for the sake of
an innocent man, for the sake of a newspaper publisher, who did not
fabricate what he wrote, for the sake of the liberty of the press,
immolate this humble citizen. But, he concluded, if Branch must be
immolated, he had only to say in the words of that immortal Irishman
Curran:—
“If it be determined that because this man would not bow to power and
authority, because he would not bow down to the golden calf and worship
it, he should be cast in the fiery furnace, I do trust in God that there
is a redeeming spirit in the constitution which will go with the
sufferer through the flames and preserve him unhurt by the
conflagration.”
Mr. Ashmead sat down amid a burst of applause, which was immediately
checked. His speech which occupied about an hour and a half, was spoken
of by several as one of the most brilliant specimens of logical
eloquence which has been heard in this Court for years. It was listened
to with breathless attention by the largest audience which had assembled
inside those walls since the Huntingdon trial.
[_From the New York Sun._]
STEPHEN H. BRANCH’S SPEECH.
My counsel has done well. He has made an effort of which I am proud, and
of which your Honor ought to be proud.
The Recorder—I am, sir.
Public-domain text, read in full here on John Shaqi.
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