The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-08-05
Trial Of stephen II. Brunch Tar HosI on
MAYOR Tfemnnn.
CLOSING srEEcHIs-rKE RECORDERS CHARGE
vARDICr OF GuILTY-SPRECH OF BRANCH-sEN
FENCE TO ONE YEARS IMPRISONMENT

Before Recorder Barnard.
Thn Court was packed yesterday morning (Auynst ~
win an Immense concourse Of spectators desrous Of
listening To the closing speeches Of the case
Stephen H. Branch, Indicted and tried for publishing
gross and malicious libel Mayor riemsnn the Alsoa-
tor All the evidence both SHES having been given
the jury before the tournament Of the Curt yestertsy,
Mr. Aghmesde proceeded 10 address tue jary in behalf
OF the defendant in log cal End e-oQuecs strain, oc:lpy
ing an hour and half h complained Bitterly o. the
taken by tho Mayor in nstutirg tbs prosecutor
and dwelt at length upon the wrong uicsed Branch
not afording him preliminary examination before
committing msgstrase also upon the refusal of Cour,
TO permit the defendant 20 introduce evidence 10 show
how he procured the information Fad TO be hbelous.
recess Of half an hour was then had, after which
Mr.. hcKecD, Acpg District Attorney followed ia be-
half Of the prcsecuon He c,mmeaced by reading
tie alleged libel n No 10 OF the Alligator, and pro
ceeded 70 say that the truth Of the mstter he
had Just fead must not only DO proven, but
that the defendant published with good motives ana for
justable ends That tho Law libel could cot
be dsregsreed by the jury In reply 20 the complaint OF
the counsel for the defendant that three complaints were
merged IN one, be said the solid phslsnx OF
ter deying slander-of men who had been upjusly
charged who were wiugto submit the 10 the jury
o. men who had passed their lives in this city making
character If the jury acquitted in this In The face OF
such overwhelming testimony Of guilt, Mr. McKeon said
our ctEena would have to look 10 themselves There was
spirit IN the American people which would vnd'cac
In this case Mayor Tepsnn and Governors Draper snd
Bell turned TO the Law and asked the jury 70 preserve
them from the assaults OF the wlfu Sian icrcr and no
levcd that they would, by their verdict vindcate the
characters Of the COMPLIMENTS who had spent their lives
in building up reputation b the city of New York. The
speaker affirmed that the libel pyramid Of
most wicked libel that had been published in this
city Mr.. nemann had wife and family; was private
citzen, who had worked himself up from nothing be
magistrate OF the greatest city the Unon He had right
TO be protected and when court and
~ swore that the was false from beginning to
for Ouoy mn IN find
the defendant guilty? Mr. McKeon maintained
fence was offered that in high official position de-
served even greater protection than the private citizen
that party politics should not into jury box
that Branch backed up by responsible men in az
he lunatc, but by pleading guilty the charge
threw himself upon the jury, believing that they would
The appeal Of the District Attorney was very powerful
and evidently made deep impression on the jury
Recorder Barnard then charged the jury, amid the
most profound silence, as follows
RECORDERS CHARGE TO Tue JURY
GENTLEMEN or THE JuRY-A libel Ia q malicious pubicA
ton, expressed either IN printing, In writing by
sgns and pictures tending either TO backen the memory
OF ono dead, or the reputation Of one who is alive, and
expose him to public hatred, contempt rdicule The
constitution Of our state proydes that every citizen may
ects bong responsible Tor the abuse of that right
law shall be passed to restrain abrdge the liberty
speech or OF the press. In sill criminal prosecutions
indictments for libel the truth may given in evidence
to the jury; and If shall appear to the jury that the
matter charged az belous true and was published for
good motives ana for ends the party shall be
acquitted and the jury shall have the right determine
the law and the fact stephen H. Branch has been Indicted
and placed on his trial for alleged libel the chsrac-
tiers Of Daniel f. TemAnn, Simeon Draper and Isaac
Bell, Jr will be necessary for the prosecution In order
70 succeed on their part 10 prove that Branch
day July city and county of New York pub
shed the article contained and forth the called
Stephen H. BrdHchs Alligator that the article published
defauatory and hbeous In support OF the first re.
quirement have the testimony all of the witnesses
for the prosecution previous to Mr. Tem&nn The charac
ter o, the article can be made out applied 10 the deui
mens be made cut 70 satisfaction then the
is calico upon establish by PROOF the matters con-
tanned the alleged hbels are true and that they we're
published for good motives and justidabe ends IL ash
publication wac made b. the defendant for good motives
and jusihabe ends, and either that all the stated
then Elm ne and that the acted uou
and reasonable grounds, AID upon which we're
apparently cd and tina, In the pubcltsn there s no
comment argument deduction not justified by the facts
then the defendant would be enti,ied 10 acquitta
These probable grounds and apparently good reasons how
ever, must DO founded upon facts ana circumstances
the author prepared ID prove and which OF such
nature ss at least strongly tend to the truth OF
charges and would In ordinary OF life govern
the conduct OF private suspicion or co
mon rumor will not do be tolerated th a. the
reputation and character OF any person be attacked
upon eight grounds neither can be tolerated thai
charge Of assault ar battery, rape seduction adultery
nay be made, resting upon facs which would not ord
nAzly and commonly convey 10 unbiased mind the
conviction that such charges true whou, subject
ing the party making such charges to punishment. The
character OF every enc ought 10 be OF the highest por
lance 10 the possessor for he not only Interested the
preservation and maintenance OF Il, but his relatives
he may live. his career Cor usefulness is dependent
upon the estimation which he Is held, AMI that esma
ton ia founded almost entirely upon good or bad
xacter. Thus II s that such frequent appeals maio
law for protection against ssndcrers and hbeiers
reason why the law recognizes libels crimnsy Is
ause the publication OF them tends 10 breach Of the
peace. While II In the duty OF all good ctzsns 10 appeal
TO legal tribunals only for protection against malicious
charges and unjust ACQUISITIONS, is equsly the para
mount duty OF juroe TO promptly and willingly assist
far a. In their power in giving them that protection,
for II they away remediess applicant Tor emit.
and breaches OF the peace the courts become arse
justice a mocksry and character injury. Each
s sa ,ne Nv 70 nn own nana, ana fearseses ms IN
ment jures establish the doctrine character
Of no value add 10 not worthy Of protection Of
large, have doubt but that more sure though MOI
peaceabe q remedy, will be speedily taken hold or
but greatly to the regrets Of tie well wshsrs Of g,od
order and personal protection In case the defendant
pubshed the matter complained OF concerning the com.
planans and oil the fac's therein set forth true.
yet they done for good motives or justin.
able ends then be not justified. 10 you nnd
all the facts charged against one two Of the com.
proved, and that notsg has been offered 70 prove Tie
rnth of the charges made against the third then tho
Se,enasn, no, cn..e s,u 70 :. An, aeqaM me charges
the truth Of every part OF the article which Is beous
but, gentlemen You are TO say whether there any evi
dence whatever 70 sustain the charge against Of the
compsinanis You have nothing do with the threat
ened injury 70 the liberty Of The press Of the
Of obtaining this Indictment This court over and over
again lave charged the Grand Jury that they couli
originate all complaints for felonies and misdemeanors
The sole question for you 10 try Is the question OF the
quit or innocence OF the defendant and thai guilt
nocence must be determined from the evidence You
10 throw aside al and every consideration outside OF ho
evidence-to try from facts proved, and from your
feeling passion or prejudice for while ID should be hs
nnexte and undertaking rule that no innocent person
should be cted, yet is equally necessary that
guilty one should escape and uries 70 take sides
criminal cases. regardless OF the evidence or their oa
The day 10 not far distant when this OF protection vii
be cast aside and more arbitrary mode OF trial be sub
% "A rfrhf
10 determine the law and the ass As understand the
reading OF that section, means that although you may
have IN cases OF libel (s indeed, Gil other cases yOu
can bave) the Arbitrary right 10 do and end what you
please, yet you are 70 be guided in lbe by the
principles Of law that the Court lays down for your
guidance and n, on examlDston, you lud the present
case TO cvme within any o. those rules then yol "
make the application OF the facts 20 tho principles AMI
return verdict IN accordance herewith. II you have
any reasonable and veil founded doubt in regard 10 the
guit OF the defendant, he 70 have the bcnehs OF H.
That doubt, however, must arise from The evidence