The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-07-04

d Al ne Ccnfederate onncers, ana even II he re-
membered Brane's name besidts that such evi6ence
PROOF neither Bfains nor his friends have tSs
orey e 70 bring ne witness from distant
Of sS1a city ana The
dayit or deposition can be received Is lawful evil
dence IN criminal prosecution, and the govern
plying proof to enable the accused 70 prove his inno
cenoe: Under such circumstances who can be sur
trial without his witnesses Is certain Conviction. II
may be urged that Braine might be enlarged on ball.
ana thus being at liberty BY personal exertion he
exactly what he has tried and ardentiy desired to
DO but so far In yam. beg leave to enclose here
Emitted States District Court OF New York, on the
recent application OF Braine to be discharged
be THAT 70 for n
much as the government thinks it proper to inst,-
tute an Indictment against this prisoner for murder
ton Tor murder; and although sometimes in such
cases perhaps IN this case bah may be allowed to
pe put IN, don't feel at liberty to allow bail in a
veV small sum to be put in. The motion therefore
is Denied" DC.
No complaint whatever is made of the ofrlcia
course ana conduct OF the humane Judge who is
signed TO preside at his trial Of the faithful ana
able District Attorney, Mr. Tracey, who represents
the government as prosecutor. The lust and hui
name disposition OF the case remains entirely with
the law department Of the government. This de-
JARED statement OF the facts Of the Ia made for
the information and merciful consideration OF 1.-THE
government which thinks 1t proper 10 institute" and
pursue the Indictment 10 the present painful and
rigorous extremity. In the name Of justice, reason
sound policy and humanity may we not ask what
pubic purpose, either good or great, is TO be an
swered by the further prosecution Of one who is
powerless for mischief and whose utter hepessness
should dsarm IN every bosom not entirely destitute
OF humanity every remaining trace Of resentment
and revenge growing out of the tate unhappy war
IL 10 easy to see that Braine never get
ready for trial under the circumstances that
surround him, and that bail In such q sum as even
tins humane Judge would exact is OF the question
with one who, like Brane, remains close prisoner
aiid'a stranger In great metropolis like New York
where he h. probably without personal friend and
without a dollar. What, then, TemainsP Must this
unhappy man endure life-longmprsonment merely
10 be ready 10 answer at some indefinite time in the
future chargeof crime which the government must
Know to moral certainty he must be acquitted
OF whenever fairly tred9 Must the wife remain
widow and the children orphans2 for to them, II
this cruel prosecution continue the husband and the
father are no more. Has he not suffered enough al
readyY Will it not suffice that for twenty One long
months, shivering in his solitary cell amid the howl
ing blasts OF winter or pining In close captivity dur
Ing the sitting heats Of summer he has dragged out
weary existence in eheerless gloom and solitude In
suffering and'in sorrOw9 Can the fell spirit Of vim
not charge the government officers with wanton cru
city and oppression, for they have doubt acted
premises; but he urges that his case now appeals 10
the government itself for humane and prompt inter
position that justice and sound policy may not be
Let us grant the most the government could COM
pass by continuing the prosecution--the conviction
OF the accused. Would not the public conscience be
stunned2 Would not reason and judgment rebel and
every sentiment OF humanity and generosity among
men be shocked and outraged by the in1lc0n OF the
death penalty on the unhappy victim of sufferings
already 80 sharp and 80 long and patiently endured
why, then, pursue further prosecution which, II
pressed TO a successful issue, would involve cOnse
quences from which every just and generous mind
at last recOils2 Does 1t become great government
ike ours-a fraternal government, formed ITO es
tablish Justice insure domestic tranquility and secure
the blessings Of liberty to ourselves and to pos
terity"-tO grind to powder helpless and unresst-
ing victim simply because 1t can do so2 Because II
possesses lions strength must II use II a lion
The war Is Do we desire 10 add another TO the
multitude OF its victfhsp Now that the passions TO
which II gave birth have had time TO subsde must
we tear open wounds almost ccatriced by sacrificing
On the bloody altar Of vengeance one poor victim
more, and he the last wreck Of the strife the sole
manning close prisoner OF that vast humber whom
the chances OF war have left In the hands Of the
conquerorf How much more honorable and manly
70 close the last scene Of the dreadful tragedy by
act OF grace and magnanimity To set the captive
free; TO restore the head to that stricken household
who await his coming with throbblng hearts and pray
night and day for his deliverance Most respectfully
submitted, ALLAN r. MAGkIDEk.