The New York herald., 1877-02-13
Unexpected Solution Of Jersey City's
Great Libel Suit.
EXTRAORDINARY SCENE IN COURT.
The Brother of the Defendant
Makes a Confession.
POWER OF FRATERNAL LOVE

Tho trial OF Mr. James NJ. Brann Clerk OF the Hud-
son county IN. J courts. for the alleged publication
Of libcllous circular Mr. Michael Mullone, pro-
prictor OF tho Argus continued in Jersey City yes
tcrday The crowded. and unusual
interest manifested In the proceedings.
The State represented by District Attorney Gar
retson and Senator Leon Albeit while the defence
was conducted by cx-chancclor Williamson and Gil
bert Collins, OF tho Now Jersey. and G. H. Ecciesne
and Henry A. Brann, OF tho New York Bar Rev Dr.
Brann, brother OF the defendant, sat inside
tho railing the counsel Sheriff Law
erty aud nearly all tho county and many
city officials, we'll large gathering OF lawyers
were seated near the bench, which was occupied by
Judges Hoffman, Quaiie, Nowkirk and Virgins. Some
idea OF tho issues involved tho case which ofa
semi political character. may bo formed from fact
that onc.ourth OF the audience in court wcro wit
nesscs either side.
Several witnesses called testify the defend.
ants unfricndly feeling toward Mulone object OF
the prosecution being to show by circums ev.
dencc that tho circular must havo been tho production
or the defendant and OF no one else.
Major Pangborn, editor OF tho Erenin1 Journal. was
examined In relation TO communications addressed
his paper, which the prosecution alleged were written
or sent by Mr. Brann but ho testified that hc had
knowledge that any OF them wcrc sent written by
him.
Patrick Corrigan pastor OF ST. Mary's in Hobokcn was
called 10 tho stand He identified IA letter shown to
Hraup.
The object oil this limo OF examination to connect
that gentleman with the publication OF bcous or
scurriIous articles on local politicians
DEFENcY
The State rested and the defence opened by Mr.
Collins IN fcrvd and earnest address the jury He
said that tho Court and tho members OF tho Bar would
bear testimony TO the fact that more courteous dig
nined or warm hearted gentleman than tho defend
ant did not exist in tho county. But no had
great fault. Ho had opened his purse
70 ,,,o lot Of ipsra;es, y who came on tho stand
wa ~
only fulfilling a professional obligation TO his client
but every chord OF sympathy his heart was touched
whom he considered how grossly his client had been
deceived and betrayed by men whose families ho had
kept from starving He would show the most dchb-
oTate perjury Oh tho part OF certain witnesses for tho
State and would adducc Testimony which would com.
plotely establish the Innocence OF his client.
An EXCITING SCENE.
While counsel was speaking Rev. Dr. Brann was SO
affected that he burst tears. tho close Of
something to Judge Hoffman. After few mo.
n1n. ments' converse he turned suddenly to Mr..
first witness for tho defence Judge Hoffman
suggested that DR.. Brann retire the Judges, cham.
Der to confer with counsel. Alter tho consultation
Mr. Collins addressed the Court, and said that view
OF certain disclosures just made hc could not
resist tho request Of Rev. DR. Brann to be placed
on tho stand Tor tho defence. A nuttcr OF excite
mcnt ran through the room, the crowd behind arose
from their seats, the lawyers and officers stared
at each other IN mute amazcmcnt. Tho Doctor was
sworn. Mr. Collins in an animated manner LEFT hts
usual scat, placed himself In front OF the witness and
asked the question: doctor. what do you know about
PRANK AvowAL.
Then expectation was ut lis highest and sound
was audible In the court when tho witness 70.
ped:--"l will now tell tho whole story; came over
10 this city the 2Sth OF October 1875 and saw an
article IN the A,gus abusing my. brother and
styling him AN official rowdy and bIackguard;'
called on my mother aud found her crazy
from these repeated attacks in tho Aryms
on him. tried TO console her, but she would not be
comiored Fired with spirit OF retaliation Lett tho
house and had the libelous circular printed in New
York and circulated at the meeting in tho Catholic
Institute now take all the responsibility for love
my brother too dearly to allow him to suffer for my
COURT rnuSDERsrRUcK
Had thunderbolt crashed through the roof Of the
building greater CONSERVATION could not have pre-
vailed Judge Hoffman sat motonlcss in his chair,
judge JUDI i Quaiio stared stared a, the ceiling, while tho
on mis- hand, tho very picture OF sadness
and regret. Counsel both sides were bcwiidcred,
The prosecution, which proicssed TO have clear.
answerabe case was completely dumbiounded.
Strong men In the court room shed tears. and for n
few minutes-panful minutes, that hours to
nany--a was excitement and confusion.
My brother James know more about that cir
cular before Its publication than Judge Hoffman hero
or MIR. Collins so help me God!" again broke in tho
already wild excitement Tho foreman of tho
jury gavc sigh OF relief he Judge Hon-
man strike his gavcl for order Dr. Brann
hurried from the witness stand and extended his hand
to Mr. MuOnc, Sheriff Laverty, Mr.. Albeit and othe-
prominent gentlemen The County Clerk who was on
trial wept bitterly 1t exaggcration state that
such "A scene has not been witnessed in the Hudson
courty courts within the memory OF this generation,
anc those who wcrc spectators heartily wish they may
never witness such another.
LEGAL AUTHORITIES rERpLExEp.
IL Is unnecessary 10 add that the Court greatly
embarrassed. delicate fccng for the clerical posi-
lion. powerful emotion and strong ratcrnal affection
OF the witness superseded every desire further
action without mature debcraton After a consulta-
t;on with counsel on both sides Judge Hoffman an
nounccd that the case would bc adjourned TIL to-
morrow morning, when tho Court will decide tho
further course To be pursued