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._]