New-York daily tribune., 1858-08-05
LAW LNIELLIqG GIVOB.
THE ALLIG ATOR LBELs.
CONVICTION AND SENTENCE or STEPHEN II
IRANCH


oonmercsd bis s!suueGt in defense Of Stephen II
Brsrch in tie ob~gs of criminal libel L: was az adj.
Effort with the nesger msteriss be he'd to coos.ruc
deferss upon, and listened 10 with profound ttssa
lion by Cout and Jury and tue lasge assembly OF cti
who came 10 the courtroom to hear the euuniug
up. Nh Ashmssd was followed By M. MoKeon 90
behalf Of the people.
The Recorder tnep charged the jury as follows:
CESTLIMEs or The JURY A loel is q u s.icious
publication expressed either in printing or In writing,
by signs pictures tending either TO blscken the
memory Of oDe dead or the reputation Of one Wao s
slive and expose him 10 public hsred, contenp. or
lidcule The Constitution of our State provides that
every citizen may freely speak, write ard publish his
sentiments all subiects being responsible for the
abuse Of that right; and no law shal be pSsed to
restrain and abrdge the liberty OF speech or oil the
Press. In all criminal prosecutions or ndi tmsnt
for libel the truth may be given in evidence to the
Jury; and if it shall appear TO the Jury that the
matter charged ibellous is Tne, and was pub ubshed
for good motives ard for ustifsbe ends, the party
shall be acquitted aud the Jury shall have the right
10 determine tee law and the fact Stephen IL.
Brapoh has been indicted and placed on his trial
for an alleged libel on the characters Of Daniel
f. Tienspn Simeon Draper and Isaac Bell ir 1t viii be
prove the a day Of July 1888 the City and
cSanS & y . e o Sn B1sn Huao1 s
article published de.na'ory snd hbeoa. In support Of
nsses for prosecution previous to Mr. The ohsr
ter Of s % su 's shD GS Twp 10 ss b
your satisfaction then the defendant called 70
i1 s i1s they they were pS.hsd good
tf,be ends II such PnbtosioD ws: tnsde by the defend
tina. all the facts stated therein true, and tbs. "a
defendant soed upon honest and reasonable souDd Al
In the publication there is no Comment argument ds
d not justified BY The fscs then the defendant would b,
ertted acqua These probable grounds and Apparently
good however, must be founded fsc and ccum
AZ lSA
tho charges and would In ordinary concerns Of life gov.
on sio is rmof W not It be
stion and character Of sny person cs1 be .ed u2o. .uS
and battery rape seduction sdury be male restin
woad not odin.y and oonv,y to
without the party m1s.s m - % 3 Gh.Ss TO
20 the psesop for he not only interested in hs
but his relatives friends and
nes. dependent upon the estimation In which hs /. held
aud that esna0n founded almost s e1 os "pon soJc
made 70 law for protection ssainst sanderers aud
becsue the publication Of breach Of the peace
While s the duty Of all eo'd citizens to appeal 70 legal ou
protection against malicious charges aud unjust a
cusson equally the paramount duty Of ures to promptly
Willingly assist far in their power In giving them that
es redr.ss they oer premium for violation. Of and
Of the peace the Courts become farce justice mock
ss s s,G sSd rsdfs:. Il. nn. In acccdsncs with
Dc. proper nIs' % ss6 % the Soas toe. 10
cou justice that be acted upon by the community
%sdy viii BE- hold Of but greatly
be regrets the well whe OF good order and personal
In case the defendant published the matter complained Of
cernnt comp and all the facts therein set forth
ends he justified In you find that oil the fscs
charged sn Of the compansnts have eiih been
srrnsvely nfersy proved and that nothis has been
neeJ to prove charges made against the hird
Being emSoded in cne article the defendant truth
every part the article which is be!ous-but gentlemen
you whether there evidence Whatever 70
the charge sgsinst Of the complaipantA 81,
ey S hs nS.Is or 70 the
Court and again. have CHARGED the Grand Jury
mesnos The soe question try the question Of the
guilt innocence ef the defendant and that sui OF
ali ard eyey consideration the evidence 10 try from
proved and from feeling passion or pad:e fo
willie should be the inhexb aud Underwriting rule u al no IN
nocent person should be convicted equally Necessary
n. guilty one :ss"S sVS or their
far distant when this ann OF protection wi ps cs' nS
The Constitution gives you the right to deeIinjne the
law and the fscis. As unden,and the resdins OF
thai sGiSl hbs a.. neeea a ali other cs.e: you hve
s st to % ard find what yOS Please yet Ir are 70 w
down your guidsace; and Il es,unsion you hnd TIE
the application the the principles, and return ist
in accordance herewith II have any reasonable ana we
have the benefit Of H. That doubt however must sse from the
eydenoei must lot be possible imas mary emoe or coau
rer.op in the ordinary concerns Of lie This Of
great both to the compsnants aud the deendAn
iDl S pGScheS aieseS %soa. and
any While you aa oI tne hsa
guilty Of all the se forth In tie Publication Sl gem
nss1 s1s nysssson and after bsyrs done co. vect
In accordance with the facts and the oath you TOOK oei'c you
entered upon the trial OF this Cause
The jury then retired. A. the expi alton of half
-Four they returned into court and rendered verdict
At the request Of Mr.. Asbmesd, the Jury were
poed when all asiented to the verdict.
Mr.. Sedgwick moved tie Judgment Of the Court On
the verdict.
MIR Brsrch took his poti.ion before the bar.
Mr. VendervooIt al ked the prisoner if he had any
thing to say Why the judgment OF the Court shouia
rot be pronounced upon him.
Mr.. Branch said Ee was uDprep sred to make s!ate
ment then and would ask FOR a few moments TO con-
suit with his counsel ard collect his thoughts
The Recorder granted permission.
After brief consultation, Mr.. Branch aro and ad'
6ressed the Court. He occupied over fifteen minutes
by stating facts connected with his personal history
HE frt visit 10 New York; his various employ mems
travels and vicissituoes; his entee into politics. his
bect mirg the irstructor Of aldermen and poltc'sns
with branches Of school education, &c. until the n.-
ration reached the time when The alligator was hrst
pu bished. BE continued as follows:
then started The AHig 1tor-and don't regret It,
II ere is gang OF thieves around this City Hall, and
yorr Honor knows tive all knowh That gang OF
thieves l have pursued for many years nave
passed day. and ghts IN welding the pen against
tbtm ana in defnte cf honest intutry-in defsnse OF
the taxpayers rich and poor, ami especially the Dor
taxpayers, who 60 TO the corner groceries
and raked, who live in cellars ar d athcs aod 10 tue
open air. In al excited msnneIl Is lunatic, 20
called-hsve pasted the best portion OF my days IN
defense Of tie poor but honest masses. AK Alfred
Carsop, AK his enemier, ask Harry How%i Il ssw
him here Just now), ask the editors If l have not
pase midnight hours in these editorial
If have net been true to them, and true to Cans
and to Briggs snd TO al for whom protested friend
ship and TO al whom / have found to be the advo-
Gates defenders aud friends of the poor tsXpayers
DO regret the establishment of The Alligator NO
n shrill voice and excited msnner. have a.
tacked thieves in this city nditcriipinate y Hitherto
l have attacked the who had bad regulations as