The New York herald., 1877-02-15
BRANN JUSTIFIED.

ABRUPT ENDING OF JERSEYS GREAT LIBEL
sUIr-sEoUEL TO 4 BROTHERS. DEVOTION
The trial of County Clerk James N. Brann tor
alleged libel resumed at Jersey City yesterday
The courtroom more dcnsely crowded than on any
previous day. The judges did make their appear.
the bench at the usual hour, but remained
coseted with the counsel for the State and tho defence
I'LL the afternoon. Tho crowd still fingered, however,
In the vicinity OF tho Court House. 1t last un
dcrsood that tho delay was occasioned by the non
appearance Of DR.. Brann, who his way to the
Court House and was taken suddenly i'll was
taken, and at half past o'clock the judges took
their seats on the bench.
Mr.. Collins, for the Defence arose and said that in
view Of the acknowledgment Of Dr. Brann tho
authorship Of the libel, tho defence felt that tho
charge uly met, and unless the prosecution in
sisted on a further Investigation into the minor de-
tails the defence was willing to rest the case just ut
that point
Mr. Abbet associate counsel for the State said that
as counsel tor Mr. Mulone It became his duty 10 say
that Mr. Nullone felt 1t his duty to himself and his
friends both living and dead TO take legal measures
to lind the author Of the Infamous libel upon him.
and, from other circumstances hc led to believe
that the defendant was the author but that Tho
brother OF thu defendant had avowcd himself TO DO
the author OF the circular and Mr. Mullone being
satisfied Of the authorship and that purposes have
been served. he had no desire TO prcss the matter
further. Hc had no revengefu feelings against tho
defendant and was fully convinced that he
sponsibc for the act complained OF.
District Attorney Garretson stated that. the part
Of the State he fully satisfied that the public In.
terests would be placed jeopardy by allowing
the 70 rest at that stage and be disposed OF by tho
Court
Mr. Collins, at the express desire Of the defendant
dsavowcd the circular and every thing contained In IT,
the defendant having malicious feelings against Mr.
Mullono
Judge Hoffman delivered an exhaustive charge TO tho
jury tho subject OF libel, IN which he used tho
preston Tho frequency of libclIous publications. In
this county has demoralizcd the entire community,
and the Court feel II their duty to say just thai
blow aimed at Of the parties connected with
this remarkable case against whom several
libel suits havo been instituted and arc
now pending. The Judge closed by directing a
deliberation and remained out Tor two hours and
hall. when they camo into court for instruction Some
Of the jurors wero to know II the confession
oil DR.. Brann did not necessarily subject
certain witnesses for the state to charges for
perjury. Tho foreman, in reply TO the ques
ton whether they had agreed, replied, ''Wo have
not. " One OF the jurors, Mr. John MEG uigan very
spectacle and intelligent gentleman, then stated the
point OF difference among the jurors Judge Hoffman
replied, 'Gentlemcn, that is entirely beyond your
province You must not consider that question, and
you will now retire.
They retired, and had been a minute in the room.
when they returned and rendered verdict OF not
guilty rush made tor County Clerk Brann
and congratulations were showered upon him
TIL he unable TO contain himself IL
seemed as 1t every person in the court
sympathzed with him. Every Judge OH the bench Ut
tered sigh OF relief the officers rushed around
did attempt for several minutes 10 rcprcss the
element
Judge Holman then directed that Dr. Brann appear
in court within week to enter INTO recognizance Tor
against him. This ended the most remarkable cnsc
tried IN the Hudson County courts