The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-08-04
Trial OF stephen II. Braneh for an Alleged
Libel ON Mayor Tssmsnn.
COURT OF GFEERAL SESSIONS.
Before Recorder BJnxrd

william Cromwell, Ebridce g. Dow
Stephen D. Fraser, VIM. Eyerdell,
james G. kofet ROYatiO N Gallup,
Samuel R&ynoY Alex. A. Ozebury,
Samuel A. Beekman, Tuuis Vsn BTuut
The Recorder die not deliver formal charge, but
ccrdg to the requirements of the law simply called their
attention to the usual topics, requesting hem 10 cit a. late
possible in order that they mght hnish the business
before them this week.
TEAL OF STEPHEN r.. BRANCH.
The court room was crowded 10 excess by well known
city ocias and others, the trial Of stephen H. Branch
charged with publishing gross and malicious LIBEL Mayor
remsnn in psper called the Alligator having been 50
down for to-day. An hour expended in en- psnnel
ling jury counsel FOR the defe ndant and the prosecution
challenging the Jurors as To their knowledge Of the
The names Of the jurors are as follows
Timothy p. kcEvoy, VIM. II. Phllips,
Thos. powden, Tnos r. Hanna
Jas. Mccain, VIM s. Lyons,
Chas. Whitlock, John Bogert,
Frederick W. Herring, John Finngan.
John McXeon, Esq, acting District Attorney, and Mr..
sedgwic the assistant prosecuting ooer conducted tho
for the prosecution, while the defendant repre-
scented by Nr. Ashmead.
Mr.. s. gwck briefly opened the cRse, observing that
Stephen H. Branch published . false, scsndslous mali.
cious and desAmaory libel concerning three gentlemen
Daniel r remann, Simeon Draper, and Isaac Bell Jr.
would be such TO show that unless private character
could be protected peaceAby by means Of the law and
the hands Of the jury there was nothing calculated
70 lead the gentlemen beed to take the lay into
own hands and commit breach Of the public peace than
the matter referred to in the indictment The Jury would
find Il TO be libel of the most aggravated kind-one
which more venom was contained than could be put into
90 many lines charged the above gentlemen with des
troying the virtue OF lady In disgusting manner.
&. A. Andersen was the first witness examined by Mr.
Sedgwick He said-I am a lawyer, 12S Nassau street
have seen Branch two or three times be made an ar
rangement to take an Office in our buildings he paid his
rent for one month from the 7th Of June TO the 7h Of
july his was the back roo third story he stated that
called in and presented file q the PAGER 70 me and
my partner IL was entitled the Alligator; think saw
the paper up TO No. II or H. do not know who left tho
paper there when the room was hired Branch paid the
rent II advance
This witness was not cross examined
r. Risley said-I know Stephen Fl. Branch by sight;
do business at ia Nassau street. let him the privilege
Of portion Of my Office TO sell his paper In think he a
Piled for the room on the Lat Of July and into posses
aion on the l4th; he has occupied that up 70 the
present time; think have all the numbers from
the commencement have seen No. IL Of the Alligator
he employed man by the name Of Moray; I supposed
him TO be his clerk, for he sold his publications.
Joseph Bowling deposedI am Inspector of Police Of the
snn ward the .o Pare, nov , M me Of The
A. the office Of the Alligator third story, back room
was l2s Nassau street, purchased copy OF the paper
Neither Of the two last Witnesses were cross examined
:, John Hawes testified that he was clerk in the
Mayors ,o sce procured the Psper now shown me No
Of hr. Mckay; Branch YVES not present
Daniel Adee-I have a printing establishment q. Oil
Branch; Branch called three months aod engaged
me 10 print the Alligator, but Discontinued two weeks
snce; printed from No 10 10 or le Branch paid for
No IL; he paid me for that number, which unusual
for he generally paid my bookkeeper; had any
conversation with Branch relative to the matter contained
AMBROSE T. rayor-i am foreman for Mr. Aaee; Branch
used to call and hand the copy wnisn be did tor
fifteen numbers do not know the number Of impressions
printed
John PritchArd foreman OF Adees sheet room testified
that he tied up The Alligator they delivered Ia Mr..
hA 1Fra.a rf
between two and three thousand.
William AcFay sad-I do business at ia Nassau
up 10 the 18th OF July sold the Augdor for Mr..
Branch.
EVIDENCE or MAYOR ruMANN
Mayor remann called by Mr. Seds wick, who, be-
fore examining him, proceeded to read the libel the cap
ton OF which reads thus-"Nayor Daniel +. Tsmann 8
Forced Seduction OF Lady Ra1dalls bland Simeon
Diapers Lascivous Propeosues-Nost banning Revela
uonsn
Q Your name is Daniel F. nemsupg A. Yes, sir.
You are Mayor OF the city OF New York at present.
A. Yes, sir.
Q Have you been Governor OF the Alm.houses A.
was, sir.
Q. How long, and from wha. time 10 what time A.
Three prior 10 the LIST Of last Janury-durng the
years 1855, SO and 'b7.
Counsel for the defendant said he would suspend bis
examination OF the Mayor for tue present. IL he
were TO proceed now he might prejudice the defence
After elaborate argument the Recorder decided that
counsel must the Mayor on the principal
charge at that stage Of the proceedings or waive the right
altogether.
Cross examined-I have been Governor Of the Aims.
boue for three years Mr. Draper was Governor part OF
the time, and Mr.. Bel sso.
What was the name Of the lady who was matron
when you were Governor A. Mrs. Lee; she has been
ma.ron for twenty five or twenty six years.
q IL there LADY there Of the name OF Mrs. Bother? A.
Yes do not know whether she IL the assistant m,tron
or not, my impression that she was appointed after
was IN the Board.
Q. Was she assistant matron during the period You
vsited al Randalls lssnd' A. Yes, sir acquainted
with her. but not before met her there have read
article IN paper called the Alligator; read the entire
O. whs, do you ssy in respect 10 its truth A. .sy 1t
Q. no you say Is entirely mixer A. No, there are
some portions OF u based upon truth.
O. win you have the goodness 70 stale villa, you mean
BY being based upoa truth, and what that bass Of
Nj Sedewict objected 70 the question in.sruc the
matter 10 which the attention Of the witne called
was not embraced in the alleged libel.
Of the article the jury before he examined the
Mayor Counsel complied with the suggestion q his
Henor and repeated the question a. .,.. =,
give idea Of the portion OF the article which yod
say has the bash Of truth A. In the 6rst plsce ths
friend spoken Of used 70 visit the sIsnd every sunday
rain shine hot cold do not know mis- name 10 The
next place this lady told me that her was ous West
ard wanted 70 come to New Yerk TO learn va ie se
showed letters from her sstern law and askcd me 70
lend her soto 70 him lent 70 her, and % two OF
three have lent her small OF mouey which
the other day that she never did return them az
cards the clothing gave her once 81 70 roror dress
that my destroyed in stepping on & iha a al
gave Der in the shape OF dresses regards swery,
never gave her particle ether dreoly or indirectly,
az Il respects furniture gave her particle
The furniture o. her apartments Was furnished oy ne
Governors Of the Alrshousc, and when eft tie Island
her rooms furnished poorer than ary Of the Other
matrous Ttoee tho only parts Of the article rcsard
10 which there Ia any truth
@ Hyou rave her no furniture, did you 20 give her
money WITH which 70 buy ~ A. No SIR one occss on
lent her s6 70 send 10 her mother out West and on
smother occasion additional sum, but don't know what
/