Stephen H. Branch's Alligator, Vol. 1 no. 18, August 21, 1858 — John Shaqi
Stephen H. Branch's Alligator, Vol. 1 no. 18, August 21, 1858
History
Stephen H. Branch's Alligator, Vol. 1 no. 18, August 21, 1858
New York (N.Y.) -- Politics and government
[_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.
Public-domain text, read in full here on John Shaqi.
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