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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..d7b82bc --- /dev/null +++ b/.gitattributes @@ -0,0 +1,4 @@ +*.txt text eol=lf +*.htm text eol=lf +*.html text eol=lf +*.md text eol=lf diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..9bc9d9e --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #54978 (https://www.gutenberg.org/ebooks/54978) diff --git a/old/54978-0.txt b/old/54978-0.txt deleted file mode 100644 index f6ca23a..0000000 --- a/old/54978-0.txt +++ /dev/null @@ -1,1292 +0,0 @@ -The Project Gutenberg EBook of Stephen H. Branch's Alligator Vol. 1 no. -17, August 14, 1858, by Stephen H. Branch - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: Stephen H. Branch's Alligator Vol. 1 no. 17, August 14, 1858 - -Author: Stephen H. Branch - -Release Date: June 25, 2017 [EBook #54978] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK BRANCH'S ALLIGATOR, AUG 14, 1858 *** - - - - -Produced by The Online Distributed Proofreading Team at -http://www.pgdp.net (This file was produced from images -generously made available by The Internet Archive) - - - - - - - Transcriber Notes - - Obvious printer errors and missing punctuation fixed. Archaic and - inconsistent spelling, variations in hyphenation retained. - A pointing hand in the text preceding the Advertisements has been - replicated using the “White right pointing index” Unicode character - (U+261E). If the device font does not support this character, ☞, it - may not display correctly. - The table of contents has been created and added by the transcriber. - Italics are represented by underscores surrounding the _italic text_. - Small capitals have been converted to ALL CAPS. - ------------------------------------------------------------------------- - - TRIAL OF STEPHEN H. BRANCH, 1 - FOR LIBEL. - - IN MY CELL. 2 - - OPINIONS OF THE PRESS. 3 - - ALLIGATORS. 3 - - AN IMMORTAL PETITION. 4 - - Advertisements 4 - ------------------------------------------------------------------------- - - - - -[Illustration: STEPHEN H. BRANCH’S ALLIGATOR.] - - ---------------------------------------------------------------- - - Volume I.—No. 17. SATURDAY, AUGUST 14, 1858. Price 2 Cents. - - - - - TRIAL OF STEPHEN H. BRANCH, - FOR - LIBEL. - - -For want of room we omit the evidence and insert summing up of counsel -for defendant, remarks of Mr. Branch, sentence by the Recorder and -opinions of the Press: - - - [_From the N. Y. Express._] - - SUMMING UP FOR DEFENCE. - -Shortly after the opening of the Court, Mr. Ashmead rose and commenced -to sum up for the defence. He opened by pointing out the -responsibilities of the Jury, stating that should they find a verdict in -favor of the prosecution, it would establish a precedent which would -strike a serious blow at the liberty of the citizen. He characterized -the prosecution as one of the most extraordinary character. In -commenting on the experience of the opposing counsel, he said he -remembered a comment by a most eminent divine, on the words of Solomon, -“I have never seen the righteous forsaken, nor his seed begging their -bread,” namely, that what Solomon had not seen he had. He spoke strongly -against the fact that the prosecution had originated with the Grand -Jury, instead of taking the action before a committing magistrate, -having a preliminary examination. Here was a citizen, humble if they -pleased, on one side, while on the other was the Mayor of the greatest -city in the New World, and these officers of the Grand Jury, forgetting -that in this republic all should be treated alike, encroached upon the -liberty of this citizen by stepping out of their usual course. Should -the jury adopt the precedent of convicting a man under such -circumstances, then God help the liberty of the citizen; but the -consequences would rest upon the heads of them and their children. [Mr. -Ashmead here read extracts from the opinions of eminent Judges, showing -that a prisoner had a right to a preliminary examination before the case -could go before the Grand Jury.] But this unfortunate man was not so -served; he knew nothing of the accusation, nor was he brought face to -face with his powerful accusers. Were this man immaculate, he stood, -under these circumstances, subject to all the lightning elequence of the -opposite side, and was not able to do as was his right, namely, bring an -action for damages against his accusers, because the responsibility -rested with the public prosecutor. - -Mr. Ashmead continued to read from the same book, contending that no -indictment should be smuggled into a Grand Jury room as this had been. -The Mayor, or the Governor, or His Honor on the Bench had no right to -adopt a system denied to the meanest citizen; and in their anxiety to -punish crime, they should take care that they did not strike a blow at -the liberty of the community, nor should Judicial Legislation take away -the rights of the citizen. The Jury should take care that this man was -not made a victim through the variation of the Grand Jury from the usual -course; but they should follow the example of English Grand Juries, and -take care how they struck a blow at Constitutional rights. He next -referred to the noble speech of Robert Emmet, before Lord Norbury, who -several times attempted to stop the criminal when speaking before he was -sentenced. He said: “Though I am to be sacrificed, I insist that all the -forms be gone through.” Let the Jury, then do as Emmet did to Lord -Norbury—make the Mayor go through the forms. (Here McKeon smiled.) And -though the District Attorney should smile at these remarks, this matter -was serious, and a laugh and a sneer were not an argument. He referred -to the case of the libel of MacIntosh, where, it was asserted, there was -on one side a Napoleon, the ruler of the greatest empire in the world, -and on the other, as in this case, a poor and obscure citizen; yet in -that case a British Jury taught future generations a lesson, and showed -an example which an American Jury should endeavor to follow. - -Mr. Ashmead next read from the revised statutes, showing that an accused -person should have a preliminary examination before being indicted, and -contended that a great privilege had been taken from his client, and by -this means a blow had been struck at the liberties of the citizen. He -alluded to the fact that Mr. Draper had not been before the Grand Jury -at all, and yet this poor man had been indicted for a libel on him; this -was a proceeding which, if sanctioned by the Jury, would establish a -perfect tyranny by breaking down all the safeguards of the law which -surrounded the citizen. He insisted that the prosecution had taken away -every privilege from this man, and environed him by a wall, so that he -could not escape, by getting up this Trinity of indictments. These three -indictments were united so that one should support the other. The -Recorder had said that Mr. Draper was old enough to take care of -himself, but wisdom didn’t come with length of year, and certainly -Simeon Draper was not bred in the school of Chesterfield, for he forgot -common courtesy by saying the alleged libel was a lie. Mr. Ashmead then -commented on the conduct of the prosecution in putting in only one half -of the libel in the indictment, and keeping out that part which had a -foundation in truth, which he said was a piece with the remainder of -these proceedings. Such conduct struck a serious blow at our free -institutions, and as Erskine said if such proceedings were to obtain, -our halls of justice would be turned into altars, and the poor victim -would be immolated at the shrine of persecution. - -Mr. Ashmead then proceeded to explain the law of libel, contending that -it was necessary that “malice” should be proved, in order to sustain an -indictment for libel. He spoke of the law in England, which would not -permit the truth to be given in evidence, and contrasted such with the -laws of New York, which provided that if an article was published -without malice, it was not libellous; for it permitted a reporter to -publish the proceedings of a meeting or of a legislative body without -holding him liable, provided it was proved that it had been published -without malice. The counsel then commented on the remark made by the -Recorder relative to his taking no decisions but his own, and that Mr. -Ashmead’s points would not be fit for a Kamschatka Court, and proceeded -to justify his own course in the matter. - -The Recorder remarked that Mr. Ashmead must have forgotten his own -observations, he had said that “a certain decision had been made by one -of the Judges of this Court” and that caused his Honor to make the -remark to which he had alluded. - -Mr. Ashmead replied that it had been so ruled in this Court in the case -of Coleman vs. Magoon, in 1818. The Counsell then pointed out the fact -that Mayor Tiemann had testified that he had been spoken to on this -subject nearly a year ago, and wanted to know why he had not then -pursued the originator of these stories. This showed clearly that Branch -did not originate the alleged libel, and that therefore there was no -malice on his part.—He complained that the testimony for the defence had -been entirely shut out by objections, and asked why the Mayor did not -come in manfully and clear his skirts of these charges, without -shielding himself under technicalities. He, however, did not pursue the -originator of this story, but when this poor man who considered himself -a sentinel upon the watch-tower of this great city, exposed what he -considered to be corruption in high places, then the Mayor pounced upon -him. Why did not the Mayor go into the civil court, as he could have -done, and then this poor man could stand on an equal footing with him, -and tell his own story? In God’s name if they wanted a victim let them -take him, but they should not condemn him without show of a trial. If a -sacrifice was required Mr. Branch was ready to be immolated; but here -was an extraordinary fact. Why did not Mayor Tieman bring forward the -matron? He had seen her before witnesses. If this thing was done, no one -knew it but his Excellency the Mayor, and this lady. No eye but that of -the Omniscient One above, saw the act if it had occurred? Why, then, did -he not bring this lady here, and then if she swore that it did not -occur, there was an end of the matter. But they might ask, why did not -he (Counsel) bring the lady? For a very sensible and legal reason, -because, if he had brought her into Court, she would become his own -witness, and he could not bring evidence to contradict her, whereas, if -Mayor Tiemann had put her on the stand, and she had told her statement, -then they could have cross-examined her and brought Evans and other -witnesses to contradict her. If, therefore, the prosecution had examined -her, and other evidence would have been admitted which had been shut -out, but by the course the prosecution had pursued half the defence was -made non-effective. He admitted that what was acknowledged by the Mayor -did not amount to proof, yet it was very extraordinary. The Mayor -admitted that there was a friend who visited the lady whom he ordered -should not be allowed on the island.—There was no impropriety shown in -these visits; he came every Sunday, he behaved himself, and yet he was -interdicted. Now there was other matrons there; they had friends, no -doubt, and yet this lady was the only one selected for deprivation of -her friend’s society. This to say the least of it was very -extraordinary. Another thing, the Mayor had lent this lady money, but he -lent money to no other matron. Now this was curious, if he was simply -friendly to this lady he would not prevent her other friends from coming -to see her, or did he give this money to the lady, and give her the -money for her torn dress to compensate her for interdicting her friend -from visiting the island? - -But this was not alone,—Mr. Draper suspended this lady, and the Mayor -persuaded her to write an apologetic note, and so she got restored. Now -this was a friend indeed a friend he was going to say that “sticketh -closer than a brother” (laughter), but he allowed her to have no friend -but himself, although one would suppose that a lone woman should be -surrounded by friends. Now these little things loomed up curiously, but -his honor was not content with being _her_ friend, he was the friend of -her boy? He said it was his duty to procure situations for boys; yes, -certainly; but this boy was not then in New York at all—he was in the -far West, and not under the control of the Alms House Governors at all. -He had been sent safely away from the temptations of this great -Metropolis: and yet the Mayor brought him back, and provided for -him—proving himself the friend of the boy’s mother in every way, except -that of letting her other friend come on the island. The Mayor was -willing to lend her money, to get her boy a situation, to get her -friend, Waters, a situation, and to do everything for her except to -allow her friend to see her. He did not say that this proved anything -against Mayor Tiemann; he was an honorable and upright man, as far as -Counsel knew; but these little circumstances looked suspicious, and it -was curious that the Mayor had shut out the rest of the testimony. The -whole case however showed that Mr. Branch had not fabricated these -stories, and certainly did not publish them with malice; and therefore -he ought to be acquitted. Mr. Ashmead then referred to an extraordinary -conversation between Justice Buller and Mr. Erskine, in a libel case, -where the Jury returned a verdict of “guilty of publishing ONLY” the -Judge wanted the word _only_ left out, and Mr. Erskine defended the -verdict, notwithstanding that the Judge threatened to proceed in another -manner. Erskine replied that he knew his duty as an advocate, as well as -His Lordship knew his as a Judge. - -Mr. Ashmead then submitted several points,—upon which he argued,—namely: -That if the libel was published with an honest motive, then the -defendant was guiltless: that the Jury, in Libel cases were judges of -the law as well as of the fact, they having the right and the sole right -to determine what was and what was not a libel, and this was the law in -England and Ireland, also. He contended that according to the Mayor’s -testimony the base of the libel was true, and if so, he begged and -pleaded that the Jury would not, for the sake of truth, for the sake of -an innocent man, for the sake of a newspaper publisher, who did not -fabricate what he wrote, for the sake of the liberty of the press, -immolate this humble citizen. But, he concluded, if Branch must be -immolated, he had only to say in the words of that immortal Irishman -Curran:— - -“If it be determined that because this man would not bow to power and -authority, because he would not bow down to the golden calf and worship -it, he should be cast in the fiery furnace, I do trust in God that there -is a redeeming spirit in the constitution which will go with the -sufferer through the flames and preserve him unhurt by the -conflagration.” - -Mr. Ashmead sat down amid a burst of applause, which was immediately -checked. His speech which occupied about an hour and a half, was spoken -of by several as one of the most brilliant specimens of logical -eloquence which has been heard in this Court for years. It was listened -to with breathless attention by the largest audience which had assembled -inside those walls since the Huntingdon trial. - - - [_From the New York Sun._] - - STEPHEN H. BRANCH’S SPEECH. - -My counsel has done well. He has made an effort of which I am proud, and -of which your Honor ought to be proud. - -The Recorder—I am, sir. - -Branch—I am sorry that I have not prepared to address you. I came to -this country thirty-five years ago, a poor boy. I got a clerk’s -situation at $2 a week. Then I went to Leary’s hat store, in Water -Street. Afterwards I went to Harper’s, then to the New York _American_, -and afterwards to the _Evening Post_. Then I returned to Rhode Island, -and went afterwards to Boston, Hartford, Springfield and New Haven, and -worked at the printing business, and was the first compositor on the -Washington _Globe_. and set up the first article on that paper, which -was a comment on the conduct of General Jackson, from the pen of Amos -Kendall. I then took a room with Edward Dodge, of Philadelphia, and -roomed with him some time. My father sent me a letter from Providence, -and procured for me a situation in the Post Office, and I was there four -or five years. I became ambitious, and studied at nights. I studied with -Thomas F. Carpenter. I left the Post Office, and continued my Greek and -Latin studies. I returned to the Post Office, but such was my desire for -learning that I went to Cambridge Law School, and studied under Judge -Story. I mingled with Southern students, and spent much money. They were -high-bloods, and I spent a dissolue winter. I came back, and went to -Andover, where I resumed my studies in Greek and mathematics. I then -left for Providence, and was unfortunate in my domestic life. I left -Providence and went to Washington, where I got $10 a week at the -printing business. I went next to Columbia College, when I would take my -basket of bread and butter, work all day at the job office, walk back to -the College at ten o’clock at night, and study till daylight. I would -then get to the office at seven in the morning. I lost my health in -doing this, and was reduced to the verge of the grave. My father -remained true to me, notwithstanding my domestic misfortunes. I came to -New York, and saw an advertisement in a paper, that a teacher was wanted -in Alabama. I secured the situation, and afterwards went to -Apalachicola, thence to Alabama, and taught school. I found they were -cruel to slaves there. The lady on the plantation used to whip the -slaves early in the morning; it disgusted me, and I went to New Orleans. -My brother Albert printed the New Orleans _Times_. I advertised for a -situation as teacher, and soon secured one. I remained there till my -brother Albert died—no, I am mistaken, he did not die then. I came to -New York, and had but little money left. I could not work at the -printing business. My father sustained me in the sun and rain, although -he was a man of limited means though of high position, for he was a -Judge of Rhode Island. I went to Arthur Tappan, who introduced me to his -brother Lewis. I told him that I wanted to teach colored scholars. I -suppose you will call me a lunatic for that. I told him my -qualifications, and he sent me to Mr. Van Rensselaer, under the _Journal -of Commerce_. I taught a colored boy for him, for which he gave me my -board. I lost my health, and finally—but I won’t mention names—I taught -a candidate for Alderman of the Fourteenth Ward. That was the first -public man I ever taught in New York. There was a man named Gouraud, a -Frenchman, a teacher of the art of memory. I found he was trying to -humbug the public. I saw he was an impostor, and exposed him. He had -secured the press and the people, and I exposed him. I attended his -lectures, and saw there William Cullen Bryant, Horace Greeley, Judge -Oakley, and all the leading men and women of the city. His system was an -exploded system of the Sixteenth Century. I exposed him in various -cities. I exposed him, and stopped him. He was denounced in -Philadelphia. Through educating public men, I got into politics. There -may be a desire to get me into prison as soon as possible, and so I will -be brief. - -The Recorder—There is no desire to get you into prison, Mr. Branch. - -Branch—I taught the Aldermen till the California mania broke out, when I -went to California. I wrote a letter to the New York _Herald_, about -alligators on the Isthmus, which gave me the title of “Alligator.” I -taught servants and public men. Alfred Carson wanted me to write his -reports for him, which I did. In 1855, I got into the Matsell campaign. -I pursued _him_. You all know the result. I went to Brandon, England, to -find his birth-place, and I found it. Soon after I saw Carson, I found -that the officers of this city were very corrupt. Carson asked me to -write his reports. He informed me that the officers around the City Hall -interfered with the affairs of the Fire Department. I advised him to -resist it, I wrote his reports for some years, I got through with the -Frenchman, Gouraud. I got through with teaching public men and servants, -and with the fire and Matsell campaign. I thought I would start the -_Alligator_. I did, and _I don’t regret it_. There is a gang of thieves -around the City Hall, and your Honor knows it, and we all know it. I -pursued them hard, days and nights for years, in defence of honesty, -industry, and the tax-payers, rich and poor, but especially the poor, -who go to corner groceries, barefooted, naked, who live in attics. I—a -lunatic, so-called, have passed my days in their defence. Ask Carson; -ask Harry Howard—I saw him here to-day—ask the editors, if I have not -passed the midnight hours in their editorial habitations—if I have not -been true to them, to Carson, and all for whom I professed friendship—to -all whom I found advocating the cause of the poor tax-payers? Do I -regret the establishment of the _Alligator_? No; and why? I have -attacked thieves indiscriminately. Hitherto these men had reputation as -public officers, and amid tears oftentimes, my shafts have fallen -harmless. But now, I have struck at a dynasty which has existed in this -city for thirty years, the Peter Cooper guild. He was Alderman in 1828, -’29, and ’40. Tiemann was Alderman in 1839, ’44, ’62, and ’63. Through -Denman, who was a pupil of mine, I first heard that Tiemann and Cooper -were corrupt men. - -The Recorder—Mr. Branch, I must stop you. You cannot be allowed to use -such language In this Court. - -Mr. Ashmead—Will your Honor remember the case of Lord Norbury, to which -I drew your attention this morning? - -Recorder—I remember Lord Norbury, and every other lord, but I cannot -permit such language. - -Branch—I will spare your feelings. Peter Cooper and his daughter I -taught in his own house. He does not deny it; but, if I had taught my -father, and was satisfied he was corrupt, I would trample him down. I -have attacked the Mayoralty, and for that I am on my way to a prison. -_Send me there._ I will walk with a firm step to my dungeon. Before -God—before God, I declare with my hand on my heart, that this is the -happiest moment of my life. What have I stolen? Whom have I murdered? -What crime have I committed? I have pursued the plunderers of the -masses, and for that you send me to a dungeon. You can desert me—the -prosecution can oppress me, but God—but God will not desert me. Your -prisoner is ready. - - - - - ---------------------------------------------------------------- - - Stephen H. Branch’s Alligator. - - ------------------------------------------------------ - - New York, Saturday, August 14, 1858. - - ---------------------------------------------------------------- - - - - - IN MY CELL. - - -On either side of me are three murderers, and my cell has a murderer’s -lock. My bed is straw, with a blanket. I slept well last night, and had -a good breakfast this morning, which my keeper kindly procured for me, -and who has extended the kindness of a brother towards me, in obtaining -every thing I desired for my comfort, and in permitting my friends to -visit me. I have read all the daily papers; and to Horace Greeley, -Doctor Frank Tuthill of the _Times_, and to James and Erastus Brooks, -for their genial sympathy, I express my cordial gratitude. The _Courier -& Enquirer_ is silent, and that is preferable to denunciation, in my -shackles and dungeon gloom. Bennett lashes me with the stings of a -scorpion, who has fattened on libel and obscenity, and blasphemy, and -black mail, from the dawn of his infamous editorial career. In his aged -visions he often beholds the poor creatures whom his defamation hurled -into premature graves. Halleck, of the _Journal of Commerce_, is brief -but bitter in his comments on my alleged lunacy. The _Daily News_ I have -not seen, but I learn that its anathema of me is terrible, and has a -bulletin against me written in letters of blood. Its former editor, Mr. -Auld, is the Mayor’s Clerk, which accounts for the severe comments of -the _News_. But the article in the _Sun_ grieved me more than all the -phillippics of my editorial adversaries. The _Sun_ has clung to me for a -dozen years, and to have it desert me now, is like the fatal stab of -Brutus at Caesar. But I will forgive Moses S. Beach and John Vance of -the _Sun_ for their deep and unexpected gashes in my heart. Let all my -friends be cheerful, when I inform them that neither sighs nor tears -have passed from my lips or eyes, and that I only grieve at the official -stabs at the liberty of speech and of the press, which the people will -be sure to avenge, and soon consign the Grand Jury Inquisitions to the -Spanish despots, and all their advocates to an ignominious destiny. - - STEPHEN H. BRANCH. - - - - - OPINIONS OF THE PRESS. - - - [_From the N. Y. Express._] - -THE BRANCH LIBEL CASE.—Stephen H. Branch has been convicted of a gross -and malicious libel upon Mayor Tiemann, Simeon Draper, and Isaac Bell, -and has been sentenced to be imprisoned in the penitentiary for one -year, to pay a fine of $250, and stand committed until that sum shall be -paid. The scene at the closing of the Court on Wednesday was a very -melo-dramatic one, and fully in keeping with all the previous steps in -this extraordinary case. Mr. Branch being asked what he had to say why -sentence should not be pronounced against him, made a long speech, in -which he reviewed the various events of his somewhat eccentric life; but -just as he commenced to allude to the libels, and to speak thereon and -the persons aggrieved, the court stopped him. The prisoner bore himself -with the air of a martyr to the cause of public virtue, and said it was -the happiest and proudest day of his life; but his excitement at the -close of his address was very great, and his delivery vehement and -earnest almost to weeping. The court was full of his sympathizers, who -did not scruple to say that they believed the convict to be more sinned -against than sinning. - -This extraordinary case will long be remembered. The libels published -and circulated by Mr. Branch were the most outrageous ever perpetrated -in this city, and the prosecution has been in keeping with the -provocation, amounting in its virulence almost to a persecution. -Circumstances on the trial favored the presumption that the whole of the -proceedings had been decided upon in advance, even to the wording of the -recorder’s charge and sentence. His honor himself informed the counsel -for the prisoner that he had considered his possible application for a -suspension of judgment, had examined the point, and had made up his mind -that such a motion could not be allowed. Every precaution had been -taken. The whole power of the corporation—executive, legal, judicial—was -invoked to annihilate Mr. Branch, and the end was attained. The offence -was outrageous, and will admit of no palliation; but it was hardly good -taste in the powerful complainants to take every advantage of a criminal -whom many believe to be a monomaniac, and by the extreme vindicativeness -of the prosecution, give to the administration of public justice the -appearance of private revenge. - -The arguments in the case were worthy of the best days of the criminal -bar of New York. Mr. Ashmead distinguished himself highly in his appeal -for the prisoner, and had the case gone to the jury before the cool and -dispassionate reasoning of Mr. McKeon had partially weakened the effect -of Mr. Ashmead’s eloquence, the result might have been different. The -charge of the Recorder was decidedly against the prisoner, and his -sentence, it will be seen, was severe in its terms to an excess that was -not called for. The punishment imposed was the extent of the law, and -was by no means disproportioned to the offence; but it was entirely -gratuitous on the part of the Recorder to drag into his remarks matters -extraneous to the issue, and not at all connected with the present -trial. The Recorder’s announcement of the rod he has in pickle for -certain other libellers who he intimates are shortly to be tried, will -probably put those prospective culprits upon their guard, and they will -at least have this advantage over Mr. Branch that they will not be taken -unawares. - -We congratulate the distinguished citizens whose characters have been -cleared again by this conviction of Mr. Branch; but can assure them that -their fair fame by no means suffered so much from the attacks of the -“ALLIGATOR” as they presumed that it did. - -We understand that Mr. Ashmead will to-day prepare a bill of exceptions, -and move in the Supreme Court for a writ of certiorari and stay of -proceedings. The bill will not be settled until late in the day, and the -motion in the Supreme Court cannot be made until to-morrow. In case, -therefore, that Mr. Branch should be sent to Penitentiary to-day, the -motion will not avail him. It is hardly to be presumed that when a -motion for arrest of judgment was denied without argument, the prisoner -will be allowed time to benefit by an appeal to the Supreme Court. - - - [_From the N. Y. Tribune._] - -STEPHEN H. BRANCH was yesterday convicted of a gross libel on Mayor -Tiemann and others, and sentenced by the Recorder to the Penitentiary -for one year, and to pay a fine of $250. Considering that the libel, -however groundless essentially, appears to have had a real foundation in -statements made to Branch by persons whom he undoubtedly believed, and -whom his counsel had ready to produce (but their testimony was not -allowed), we must consider this sentence a severe one. We believe it -will excite for him a sympathy which it is unwise to provoke. Branch, we -believe, has been trying pretty hard to libel _us_ in his abusive little -sheet; but we have never considered his slanders worth any sort of -notice. It may be well to stop his career, but not to make him a martyr. -And we say most decidedly, that considering the libel for which he was -indicted was really based on information furnished him by persons whom -he had reason to believe, we deem his sentence a harsh one, and trust it -may be mitigated by pardon. - - - [_From the New York Times._] - -The verdict and the sentence startled a great many people. BRANCH was -immediately surrounded by a troop of friends, who nearly shook his hands -off with their greetings. He was followed to the Tombs by a large crowd, -who only left him at the gates of that edifice. But though incarcerated -in prison, we have not as BRANCH says, heard the last of BRANCH. - - ------------------------------------ - - - - - ALLIGATORS. - - - PANAMA, New Granada, } - Jan. 7, 1849. } - -JAMES GORDON BENNETT, - _Editor of the N. Y. Herald_: - - -When three miles from Panama, I saw two spires of the largest and most -imposing cathedrals here—larger than any church in America. On either -side I beheld the Cordileras and the Andes, towering high up towards the -glorious sun—the Cordileras connecting the Andes with the Rocky -Mountains. As you near the city, you are gradually lead upon a -beautifully paved road—paved by Pizzaro, the fiend, under whose -superintendence the path from there to Cruces was made, through which -Pizzaro, with his terrible banditti, often passed. On entering the city, -the natives outside the gates were singing and dancing merrily in honor -of some festival. Boys were flying their kites on the road, which they -seemed to enjoy like the youth of all countries. There kites were made -in the form of a coffin, and fringed on the sides with a very curious -tail, partially resembling a rattlesnake. The more genteel natives wore -white dresses and Panama hats. These hats are not made in Panama, but at -St. Helena, and other places on the coast, which was news for me. Panama -contains an impoverished population, whose leading maintenance is a few -merchants of very little energy, who deal in British drillings and -manufactures of various kinds. There are some choice relics of the old -Castilians who are never seen in the streets by day, but who walk in -their rear balconies in the evening to inhale the tropic air. The female -Castilians are as beautiful as the Georgians or Circassians, and will -not recognize the common natives, nor even the English or Americans, nor -the aristocracy or nobility of any country as their equals. I had the -fortune, through influential letters to a large mercantile house here, -to get an introduction to a Castilian family, and I was invited to a -rural gathering of the friends and relatives of this family. The -loveliest girl I ever saw is the daughter of the gentleman who is at the -head of the family. To attempt a description of her accomplishments and -extraordinary personal fascinations, would be as impossible as to -describe the horrors of a trip up the Chagres, and especially the defile -from this to Cruces, which still haunts, and will haunt me for a long -period. The best description I can convey to my countrymen of the river -Chagres, is its comparison with the river Styx, and you can form a -slight conception of the defile between this and Cruces by its -comparison with purgatory, as described by an illiterate and boisterous -parson; and you can appreciate the loveliness of this Castilian female, -by fancying that she is the very prototype of the unearthly Cleopatra, -the accomplished and captivating queen of ancient Egypt, who was -familiar with all the dialects of the East (thirty in number), whose -glowing eloquence and brilliant eye, and majestic form, and perfect -symmetry of mind and body and feature, only could have allured the -eloquent, rich, and noble Anthony from his ambition of military glory -and his love of his native country. The Cathedral is dingy and very -gloomy. All the bells are cracked, and their doleful tones thrill the -senses. I saw the leading priest to-day, who seems very old and infirm. -In front of the Cathedral, are the Twelve Apostles, with the Saviour. -The spires are adorned with pearls, with which the coast abounds. I have -visited the temples, jails, walls, churches, old governors’ palaces and -trenches, and my heart was filled with pensive emotions, as I gazed on -these crumbling ruins of other generations. The best idea I can give -about this place, is its comparison with New York, after the great fires -of 1835 and ’46. The tortures and mode of life here are very peculiar. I -slept on a bare cot, and with only one sheet over me—sweat like blazes. -The meats and cooking are extremely novel. Lizzards, spiders, -musquitoes, galinippers and ants, crawl around and over me, and often -penetrate the ears and nose. Some lizzards gathered around my head the -other night and awoke me, which I scattered very quick. I think they -were preparing to play some trick on me, and perhaps even contemplated -the decapitation of my beloved proboscis, as one of the rascals was -smelling around my nostrils when I suddenly awoke. I hate lizzards, but -I can stand spiders and alligators, and the other animalculae of the -country tolerably well. A girl only ten years of age was married to-day. -This seems incredible, but you may repose implicit confidence in its -truth. Females mature more rapidly here than in any other part of the -earth. At eight and nine there is often every indication of puberty. I -saw the young “lady” of ten, who was married to-day. I was utterly -astonished at her prodigious maturity. She was extremely beautiful, and -her glances were bewitching, and she seemed very devoted to her young -and enthusiastic lover. It rains or pours in these latitudes ten months -in the year, which the natives call the wet season. The other two months -are called the dry season, when it only rains about twelve times a day. -The lightning is sometimes incessant, and the thunder is terrific and -makes the alligators look glassy about the eye. We had a shock of an -earthquake last night which lasted some seconds. It created quite a -sensation among the emigrants, but it did not terrify the natives, as -they are used to earthquakes. A small lizzard crawled into the ear of an -emigrant, who lives near the shore, which nearly killed him. I attended -the Cathedral this morning, and the music and ceremonies were grateful -to my heart. After the solemn scenes of last week, and the death of a -beloved friend on Tuesday last. The attendance was not large. Youth, -age, decrepitude, competence, affluence, penury and utter rags, all -knelt side by side. Six priests of various grades were present. As I -gazed on these splendid ruins, at the images, paintings and costly -decorations, and grasped a retrospect of the long line of generations of -Spanish nobility who had worshipped in its sacred aisles, and gazed down -to the sepulchres of their fathers, contrasting this dismal structure -with its tottering walls and spires, with its ancient glory, and as I -gazed on its wildness and dilapidated magnificence, I was impressed with -the most solemn and overwhelming emotions. Last evening I visited the -ramparts, that encircle a portion of the city. The work is truly -beautiful and exhilarating at early twilight, when the burning sun is -gone, and when, as in last evening, the full moon was emerging with -uncommon splendor from the far horizon of a tranquil sea. A group of -lovely children just passed my window, followed by their slaves, with -gorgeous turbans clad in red, white and blue. A passenger just entered -my apartment and informs me that while dozing in his canoe on the banks -of the Chagres, he was suddenly aroused from his slumber and saw an -enormous alligator crawling over the base of his canoe, when he sprang -and leaped to the shore and ran for his life up the embankment with the -alligator in hot pursuit, which nearly caught him by the tail of his -coat. He rushed into the hut of a friendly native, and closed and barred -the door, and flew to the roof, where he found piles of stones for -defensive operations, and immediately opened a battery of flying stones -at the alligator, causing him to retreat and disappear beneath the -waters of the Chagres. There are turkey buzzards in countless thousands -hovering over the city, which greatly alarm the natives. Such flocks -were never seen before. The timid and superstitious natives predict the -most awful visitations from the sudden appearance of so many buzzards, -which darken the air like a cloud with their hideous presence. Some of -the natives prognosticate a famine, or others fatal convulsions of -nature. My chum predicts extraordinary heat (theremometer now about 100 -in the shade), and a shower of rain (only rained six times to-day,) and -other calamities. But I do not fear these terrible disasters from the -advent of large flocks of turkey buzzards, as I have been taught to -scout every thing in the form of representation. - - STEPHEN H. BRANCH. - - ------------------------------------ - - - - - AN IMMORTAL PETITION. - -_The Wise Peter Cooper, and his most extraordinary proposal of a Tank on - the summit of the City Hall, for the extinguishment of disastrous - conflagrations._ - - - [Document No. 13.] - - BOARD OF ALDERMEN, } - February 6, 1854. } - -The following petition of Peter Cooper, in relation to the prevention -and extinguishing of fire, and to give greater efficiency to the Police -Department, was received and laid on the table and ordered to be -printed. - - D. T. VALENTINE, - Clerk. - - -To the Hon. the Mayor and Common Council of the city of New York. - -The subscriber takes this method to present to your Hon. Body, certain -improvements for the prevention and extinguishing of fires, to give -greater efficiency to the police and greatly lessen the labors of the -Fire Department, and at the same time give greater security to life and -property, and the government of our city. - -Your subscriber is of the opinion, that these improvements will, if -adopted, result in great benefit to the City, State and Nation. - -A good government in this city, like the heart of a great body, will -make itself felt throughout our State, our Nation, and to some extent -throughout the world. Desiring greatly to secure for my native city, the -inestimable blessings of good government I have ventured to propose and -urgently recommend, to the serious consideration of your Hon. body, a -plan founded on a principle, that I believe will do more to bring about -security, order and good government, than any and all other measures, -that are within the range of our municipal powers, to adopt. The plan -and principle to which I allude, will make it directly the dollar and -cent interest, of some three-quarters of all the officers in the employ -of the city government to faithfully perform their duty. - -If this can be shown to be conveniently practicable, it must be admitted -that it would bring about greater efficiency in the execution of all -useful laws and ordinances, than any other means which have ever been -applied to the government of our city. - -Before I attempt a description of this plan, I will state that it will -require greater conveniences for the extinguishment of fires than those -now provided by our present arrangement. - -The necessary facilities for conveniently putting out fires, can be -arranged in a short time and at comparatively small expense, by placing -a boiler-iron tank of some thirty feet in height, on the top of the -present reservoir on Murray Hill. This tank to be filled and kept full -of water by a small steam engine provided for that purpose. - -And as an additional security I would propose that the present City Hall -be raised an additional story, and covered with an iron tank that would -hold some ten feet of water. The outside of this tank to be made to -represent a cornice around the building. - -If an additional building should be put up, to take the place of the one -lately destroyed by fire, it should be so formed as to be in harmony -with the present City Hall, and covered with a similar tank, and -corniced to correspond. With this greater head and supply of water -always at command, and ready for connection with the present street -mains, the moment the signal is given from any Police Station, it will -be apparent that all the hydrants will be made efficient to raise water -over the tops of the highest houses in the city. - -I would, in addition propose, that there should be placed at convenient -distances in every street, a small cart containing some three hundred -feet of hose. These carts should be so light that one man could draw -them to the nearest hydrant to the fire, and bring the water on the fire -in the shortest possible time. With this arrangement, I propose to make -it the interest of every man in the police, to watch against -incendiaries and thieves, and to use every possible effort to extinguish -fires as soon as they occur. To make it the interest for the police to -perform their duty faithfully, I propose that the Corporation should set -apart as a fund, two shillings per day, in addition to the wages of each -man, to be held by the Corporation to the end of each year, and when it -shall be ascertained that the loss and damage by fire, and the loss of -property stolen, shall have been reduced below the average of the last -ten years, then this fund of two shillings per day, in addition to their -former wages, shall be equally divided between the men forming the -Police Department. - -In addition to this I propose that the Corporation should request all -the Insurance Companies interested in the property of this city to bid -or offer the largest per centage that they are willing to give on all, -that the loss and damage by fire can be reduced below the average agreed -upon. - -This fund to be added to the Corporation fund of two shillings per day, -and to be equally divided with the men forming the City Police. - -This would enable every one of the members of the police to secure for -himself sufficient to pay his rent every year over and above his present -wages. They would also have the elevating satisfaction of knowing that -while they are saving one dollar for themselves they are saving fifty -dollars for the community, and in addition saving thousands of -individuals from that wretchedness and misery annually produced by the -desolating ravages of fire. - -A police appointed for and during good behavior, with the liberal salary -they now receive, and with the additional privilege of securing to -themselves annually so large an amount over and above their regular -salaries might always be relied on to forward every measure that would -tend to secure order and good government. A department so formed, whose -duty it would be to traverse every street of the city by day and night, -would find it their interest as well as duty to watch against -incendiaries, and when a fire was discovered they would instantly signal -for as many hose carts as desirable, with directions for every next man -to double his walk. When such men come to a fire they would all be armed -with police powers to protect property, and to bring and use the carts -with hose on the fire, until the general alarm became necessary to -summon the firemen to the charge, which would seldom happen with such -facilities and such an interest to extinguish fires. One of the best -features in this arrangement will be the constant tendency and interest -there will be to draw into the department good men and crowd out bad -men. They find it their interest to have every man turned out who is -either drunken, idle or dishonest, and to have in their place those that -are sober, honest and efficient. They find it their interest to close -every rum shop that is selling without license, and they will not be -long in finding out that a large part of the fires arise from -drunkenness and the degradation and carelessness that are the natural -results of dissipation. - - [_Conclusion in our next._] - - ------------------------------------ - -☞ Owing to an unusual amount of matter in this number, we have omitted -our advertisements. They will be inserted in next issue. - ------------------------------------------------------------------------- - - - - - Advertisements—25 Cents a line. - - -Credit.—From two to four seconds, or as long as the Advertiser can hold -his breath! Letters and Advertisements to be left at No. 114 -Nassau-street, second story, front room. - - ---------------------------------------------------------------- - - -COREY AND SON, MERCHANT’S EXCHANGE. WALL street, New York, Notaries -Public and Commissioners—United States Passports issued in 36 -hours.—Bills of Exchange, Drafts, and Notes protested,—Marine protests -noted and extended. - - EDWIN F. COREY, - EDWIN F. COREY, JR. - - ---------------------------------------------------------------- - - -HERRING’S PATENT CHAMPION FIRE AND BURGLAR Proof Safe, with Hall’s -Patent Powder Proof Locks, afford the greatest security of any Safe in -the world. Also, Sideboard and Parlor Safes, of elegant workmanship and -finish, for plate, &c. - - S. C. HERRING & CO., - 251 Broadway. - - ---------------------------------------------------------------- - - -SANTE MENTO.—No. 29 ATTORNEY STREET, NEAR Grand, has a superior -assortment of Cloths, Cassimeres, and Vestings, made to order in the -most fashionable and approved Parisian styles, and at short notice. Let -gentlemen call and patronize me, and I will do my utmost to please my -customers. - - ---------------------------------------------------------------- - - -J. VAN TINE, SHANGAE RESTAURANT, No. 2 DEY street, New York. - - ---------------------------------------------------------------- - - -S. & J. W. BARKER, GENERAL AUCTIONEERS & REAL ESTATE BROKERS. Loans -negotiated, Houses and Stores Rented, Stocks and Bonds Sold at Auction -or Private Sale. - -Also, FURNITURE SALES attended to at private houses. Office, 14 Pine -street, under Commonwealth Bank. - - ---------------------------------------------------------------- - - -CARLTON HOUSE, 496 BROADWAY, NEW YORK. Bates and Holden, Proprietors. - - THEOPHILUS BATES. - OREL J. HOLDEN. - - ---------------------------------------------------------------- - - -GERARD BETTS & CO., AUCTION AND COMMISSION Merchants, No. 106, Wall -street, corner of Front street, New York. - - ---------------------------------------------------------------- - - -SAMUEL SNEDEN, SHIP & STEAMBOAT BUILDER.—My Office is at No. 31 Corlears -street, New York; and my yards and residence are at Greenpoint. I have -built Ships and Steamers for every portion of the Globe, for a long term -of years, and continue to do so on reasonable terms. - - SAMUEL SNEDEN. - - - - - -End of the Project Gutenberg EBook of Stephen H. Branch's Alligator Vol. 1 -no. 17, August 14, 1858, by Stephen H. 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Branch's Alligator Vol. 1 no. -17, August 14, 1858, by Stephen H. Branch - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: Stephen H. Branch's Alligator Vol. 1 no. 17, August 14, 1858 - -Author: Stephen H. Branch - -Release Date: June 25, 2017 [EBook #54978] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK BRANCH'S ALLIGATOR, AUG 14, 1858 *** - - - - -Produced by The Online Distributed Proofreading Team at -http://www.pgdp.net (This file was produced from images -generously made available by The Internet Archive) - - - - - - -</pre> - - -<div class='tnote'> - -<div class='nf-center-c1'> - <div class='nf-center'> - <div>Transcriber Notes</div> - </div> -</div> - - <ul class='ul_1'> - <li>Obvious printer errors and missing punctuation fixed. Archaic and inconsistent - spelling, variations in hyphenation retained. - </li> - <li>A pointing hand in the text preceding the Advertisements has been replicated using - the “White right pointing index” Unicode character (U+261E). If the device font does not - support this character, ☞, it may not display correctly. - </li> - <li>The table of contents has been created and added by the transcriber. - </li> - <li>The cover has been created by the transcriber and placed in the public domain. - </li> - </ul> - -</div> -<div class='pbb'> - <hr class='pb c000' /> -</div> - -<table class='table0' summary=''> -<colgroup> -<col width='90%' /> -<col width='9%' /> -</colgroup> - <tr> - <td class='c001'>TRIAL OF STEPHEN H. BRANCH, FOR LIBEL.</td> - <td class='c002'><a href='#trial'>1</a></td> - </tr> - <tr> - <td class='c001'>IN MY CELL.</td> - <td class='c002'><a href='#cell'>2</a></td> - </tr> - <tr> - <td class='c001'>OPINIONS OF THE PRESS.</td> - <td class='c002'><a href='#press'>3</a></td> - </tr> - <tr> - <td class='c001'>ALLIGATORS.</td> - <td class='c002'><a href='#alligators'>3</a></td> - </tr> - <tr> - <td class='c001'>AN IMMORTAL PETITION.</td> - <td class='c002'><a href='#petition'>4</a></td> - </tr> - <tr> - <td class='c001'>Advertisements</td> - <td class='c002'><a href='#ads'>4</a></td> - </tr> -</table> -<div class='pbb'> - <hr class='pb c000' /> -</div> - -<div class='figcenter id001'> -<img src='images/logo.jpg' alt='STEPHEN H. BRANCH’S ALLIGATOR.' class='ig001' /> -</div> - -<div class='double'> - -</div> - -<div class='nf-center-c1'> -<div class='nf-center c003'> - <div>Volume I.—No. 17.<span class='padded'>SATURDAY, AUGUST 14, 1858.</span><span class='padded'>Price 2 Cents.</span></div> - </div> -</div> - -<div> - <h1 class='c004'>STEPHEN H. BRANCH’S <br /> ALLIGATOR.</h1> -</div> - -<div><span class='pageno' id='Page_1'>1</span></div> -<div class='column'> - -<div> - <h2 id='trial' class='c005'>TRIAL OF STEPHEN H. BRANCH,<br /> <span class='large'>FOR</span><br /> <span class='xxlarge'>LIBEL</span>.</h2> -</div> - -<p class='c006'>For want of room we omit the evidence and -insert summing up of counsel for defendant, -remarks of Mr. Branch, sentence by the Recorder -and opinions of the Press:</p> - -<h3 class='c007'>[<cite>From the N. Y. Express.</cite>]<br /> <br /> SUMMING UP FOR DEFENCE.</h3> - -<p class='c008'>Shortly after the opening of the Court, Mr. -Ashmead rose and commenced to sum up for -the defence. He opened by pointing out the -responsibilities of the Jury, stating that should -they find a verdict in favor of the prosecution, -it would establish a precedent which would -strike a serious blow at the liberty of the citizen. -He characterized the prosecution as one -of the most extraordinary character. In commenting -on the experience of the opposing counsel, -he said he remembered a comment by a most -eminent divine, on the words of Solomon, “I -have never seen the righteous forsaken, nor -his seed begging their bread,” namely, that -what Solomon had not seen he had. He spoke -strongly against the fact that the prosecution -had originated with the Grand Jury, instead of -taking the action before a committing magistrate, -having a preliminary examination. -Here was a citizen, humble if they pleased, on -one side, while on the other was the Mayor of -the greatest city in the New World, and these -officers of the Grand Jury, forgetting that in -this republic all should be treated alike, encroached -upon the liberty of this citizen by -stepping out of their usual course. Should the -jury adopt the precedent of convicting a man -under such circumstances, then God help the -liberty of the citizen; but the consequences -would rest upon the heads of them and their -children. [Mr. Ashmead here read extracts -from the opinions of eminent Judges, showing -that a prisoner had a right to a preliminary examination -before the case could go before the -Grand Jury.] But this unfortunate man was -not so served; he knew nothing of the accusation, -nor was he brought face to face with -his powerful accusers. Were this man immaculate, -he stood, under these circumstances, subject -to all the lightning elequence of the opposite -side, and was not able to do as was his -right, namely, bring an action for damages -against his accusers, because the responsibility -rested with the public prosecutor.</p> - -<p class='c009'>Mr. Ashmead continued to read from the -same book, contending that no indictment -should be smuggled into a Grand Jury room -as this had been. The Mayor, or the Governor, -or His Honor on the Bench had no right -to adopt a system denied to the meanest citizen; -and in their anxiety to punish crime, they -should take care that they did not strike a -blow at the liberty of the community, nor -should Judicial Legislation take away the -rights of the citizen. The Jury should take -care that this man was not made a victim -through the variation of the Grand Jury from -the usual course; but they should follow the -example of English Grand Juries, and take -care how they struck a blow at Constitutional -rights. He next referred to the noble speech -of Robert Emmet, before Lord Norbury, who -several times attempted to stop the criminal -when speaking before he was sentenced. He -said: “Though I am to be sacrificed, I insist -that all the forms be gone through.” Let the -Jury, then do as Emmet did to Lord Norbury—make -the Mayor go through the forms. -(Here McKeon smiled.) And though the District -Attorney should smile at these remarks, -this matter was serious, and a laugh and a -sneer were not an argument. He referred to -the case of the libel of MacIntosh, where, it -was asserted, there was on one side a Napoleon, -the ruler of the greatest empire in the -world, and on the other, as in this case, a poor -and obscure citizen; yet in that case a British -Jury taught future generations a lesson, and -showed an example which an American Jury -should endeavor to follow.</p> - -<p class='c009'>Mr. Ashmead next read from the revised -statutes, showing that an accused person should -have a preliminary examination before being -indicted, and contended that a great privilege -had been taken from his client, and by this -means a blow had been struck at the liberties -of the citizen. He alluded to the fact that -Mr. Draper had not been before the Grand -Jury at all, and yet this poor man had been indicted -for a libel on him; this was a proceeding -which, if sanctioned by the Jury, would -establish a perfect tyranny by breaking down -all the safeguards of the law which surrounded -the citizen. He insisted that the prosecution -had taken away every privilege from this man, -and environed him by a wall, so that he could -not escape, by getting up this Trinity of -indictments. These three indictments were -united so that one should support the other. -The Recorder had said that Mr. Draper was -old enough to take care of himself, but wisdom -didn’t come with length of year, and -certainly Simeon Draper was not bred in the -school of Chesterfield, for he forgot common -courtesy by saying the alleged libel was a lie. -Mr. Ashmead then commented on the conduct -of the prosecution in putting in only one half -of the libel in the indictment, and keeping out -that part which had a foundation in truth, -which he said was a piece with the remainder -of these proceedings. Such conduct struck -a serious blow at our free institutions, and as -Erskine said if such proceedings were to obtain, -our halls of justice would be turned into -altars, and the poor victim would be immolated -at the shrine of persecution.</p> - -<p class='c009'>Mr. Ashmead then proceeded to explain the -law of libel, contending that it was necessary -that “malice” should be proved, in order -to sustain an indictment for libel. He -spoke of the law in England, which would not -permit the truth to be given in evidence, and -contrasted such with the laws of New York, -which provided that if an article was published -without malice, it was not libellous; for it -permitted a reporter to publish the proceedings -of a meeting or of a legislative body -without holding him liable, provided it was -proved that it had been published without malice. -The counsel then commented on the remark -made by the Recorder relative to his -taking no decisions but his own, and that Mr. -Ashmead’s points would not be fit for a Kamschatka -Court, and proceeded to justify his own -course in the matter.</p> - -<p class='c009'>The Recorder remarked that Mr. Ashmead -must have forgotten his own observations, he -had said that “a certain decision had been -made by one of the Judges of this Court” and -that caused his Honor to make the remark to -which he had alluded.</p> - -<p class='c009'>Mr. Ashmead replied that it had been so -ruled in this Court in the case of Coleman vs. -Magoon, in 1818. The Counsell then pointed -out the fact that Mayor Tiemann had testified -that he had been spoken to on this subject nearly -a year ago, and wanted to know why he had -not then pursued the originator of these stories. -This showed clearly that Branch did not originate -the alleged libel, and that therefore there -was no malice on his part.—He complained -that the testimony for the defence had been -entirely shut out by objections, and asked why -the Mayor did not come in manfully and clear -his skirts of these charges, without shielding -himself under technicalities. He, however, did -not pursue the originator of this story, but -when this poor man who considered himself -a sentinel upon the watch-tower of this great -city, exposed what he considered to be corruption -in high places, then the Mayor pounced -upon him. Why did not the Mayor go into the -civil court, as he could have done, and then this -poor man could stand on an equal footing with -him, and tell his own story? In God’s name if -<span class='pageno' id='Page_2'>2</span>they wanted a victim let them take him, but -they should not condemn him without show of -a trial. If a sacrifice was required Mr. Branch -was ready to be immolated; but here was an -extraordinary fact. Why did not Mayor Tieman -bring forward the matron? He had seen -her before witnesses. If this thing was done, -no one knew it but his Excellency the Mayor, -and this lady. No eye but that of the Omniscient -One above, saw the act if it had occurred? -Why, then, did he not bring this lady here, -and then if she swore that it did not occur, -there was an end of the matter. But they -might ask, why did not he (Counsel) bring the -lady? For a very sensible and legal reason, because, -if he had brought her into Court, she -would become his own witness, and he could -not bring evidence to contradict her, whereas, -if Mayor Tiemann had put her on the stand, and -she had told her statement, then they could -have cross-examined her and brought Evans -and other witnesses to contradict her. If, therefore, -the prosecution had examined her, and -other evidence would have been admitted -which had been shut out, but by the course the -prosecution had pursued half the defence was -made non-effective. He admitted that what -was acknowledged by the Mayor did not amount -to proof, yet it was very extraordinary. The -Mayor admitted that there was a friend who -visited the lady whom he ordered should not -be allowed on the island.—There was no impropriety -shown in these visits; he came every -Sunday, he behaved himself, and yet he was -interdicted. Now there was other matrons -there; they had friends, no doubt, and yet this -lady was the only one selected for deprivation -of her friend’s society. This to say the least of -it was very extraordinary. Another thing, the -Mayor had lent this lady money, but he lent -money to no other matron. Now this was curious, -if he was simply friendly to this lady he -would not prevent her other friends from coming -to see her, or did he give this money to the -lady, and give her the money for her torn dress -to compensate her for interdicting her friend -from visiting the island?</p> - -<p class='c009'>But this was not alone,—Mr. Draper suspended -this lady, and the Mayor persuaded her -to write an apologetic note, and so she got restored. -Now this was a friend indeed a friend -he was going to say that “sticketh closer than -a brother” (laughter), but he allowed her to -have no friend but himself, although one would -suppose that a lone woman should be surrounded -by friends. Now these little things -loomed up curiously, but his honor was not -content with being <em>her</em> friend, he was the -friend of her boy? He said it was his duty to -procure situations for boys; yes, certainly; but -this boy was not then in New York at all—he -was in the far West, and not under the control -of the Alms House Governors at all. He had -been sent safely away from the temptations of -this great Metropolis: and yet the Mayor -brought him back, and provided for him—proving -himself the friend of the boy’s mother -in every way, except that of letting her other -friend come on the island. The Mayor was -willing to lend her money, to get her boy a -situation, to get her friend, Waters, a situation, -and to do everything for her except to allow -her friend to see her. He did not say that this -proved anything against Mayor Tiemann; he -was an honorable and upright man, as far as -Counsel knew; but these little circumstances -looked suspicious, and it was curious that the -Mayor had shut out the rest of the testimony. -The whole case however showed that Mr. -Branch had not fabricated these stories, and -certainly did not publish them with malice; -and therefore he ought to be acquitted. Mr. -Ashmead then referred to an extraordinary -conversation between Justice Buller and Mr. -Erskine, in a libel case, where the Jury returned -a verdict of “guilty of publishing <span class='fss'>ONLY</span>” -the Judge wanted the word <em>only</em> left out, and -Mr. Erskine defended the verdict, notwithstanding -that the Judge threatened to proceed -in another manner. Erskine replied that he -knew his duty as an advocate, as well as His -Lordship knew his as a Judge.</p> - -<p class='c009'>Mr. Ashmead then submitted several points,—upon -which he argued,—namely: That if the -libel was published with an honest motive, then -the defendant was guiltless: that the Jury, in -Libel cases were judges of the law as well -as of the fact, they having the right and the -sole right to determine what was and what -was not a libel, and this was the law in England -and Ireland, also. He contended that according -to the Mayor’s testimony the base of the libel -was true, and if so, he begged and pleaded -that the Jury would not, for the sake of truth, -for the sake of an innocent man, for the sake -of a newspaper publisher, who did not fabricate -what he wrote, for the sake of the liberty of -the press, immolate this humble citizen. But, -he concluded, if Branch must be immolated, he -had only to say in the words of that immortal -Irishman Curran:—</p> - -<p class='c009'>“If it be determined that because this man -would not bow to power and authority, because -he would not bow down to the golden -calf and worship it, he should be cast in the -fiery furnace, I do trust in God that there is a -redeeming spirit in the constitution which will -go with the sufferer through the flames and -preserve him unhurt by the conflagration.”</p> - -<p class='c009'>Mr. Ashmead sat down amid a burst of applause, -which was immediately checked. His -speech which occupied about an hour and a -half, was spoken of by several as one of the -most brilliant specimens of logical eloquence -which has been heard in this Court for years. -It was listened to with breathless attention by -the largest audience which had assembled inside -those walls since the Huntingdon trial.</p> - -<h3 class='c010'>[<cite>From the New York Sun.</cite>]<br /> <br /> STEPHEN H. BRANCH’S SPEECH.</h3> - -<p class='c011'>My counsel has done well. He has made an effort of which I am -proud, and of which your Honor ought to be proud.</p> - -<p class='c012'>The Recorder—I am, sir.</p> - -<p class='c012'>Branch—I am sorry that I have not prepared to address you. I -came to this country thirty-five years ago, a poor boy. I got a -clerk’s situation at $2 a week. Then I went to Leary’s hat store, -in Water Street. Afterwards I went to Harper’s, then to the New -York <cite>American</cite>, and afterwards to the <cite>Evening Post</cite>. Then I -returned to Rhode Island, and went afterwards to Boston, Hartford, -Springfield and New Haven, and worked at the printing -business, and was the first compositor on the Washington <cite>Globe</cite>. -and set up the first article on that paper, which was a comment -on the conduct of General Jackson, from the pen of Amos -Kendall. I then took a room with Edward Dodge, of Philadelphia, -and roomed with him some time. My father sent me a letter from -Providence, and procured for me a situation in the Post Office, and -I was there four or five years. I became ambitious, and studied at -nights. I studied with Thomas F. Carpenter. I left the Post -Office, and continued my Greek and Latin studies. I returned to -the Post Office, but such was my desire for learning that I went to -Cambridge Law School, and studied under Judge Story. I mingled -with Southern students, and spent much money. They were -high-bloods, and I spent a dissolue winter. I came back, and went -to Andover, where I resumed my studies in Greek and mathematics. -I then left for Providence, and was unfortunate in my -domestic life. I left Providence and went to Washington, where I -got $10 a week at the printing business. I went next to Columbia -College, when I would take my basket of bread and butter, work -all day at the job office, walk back to the College at ten o’clock at -night, and study till daylight. I would then get to the office at -seven in the morning. I lost my health in doing this, and was -reduced to the verge of the grave. My father remained true to -me, notwithstanding my domestic misfortunes. I came to New -York, and saw an advertisement in a paper, that a teacher was -wanted in Alabama. I secured the situation, and afterwards went -to Apalachicola, thence to Alabama, and taught school. I found -they were cruel to slaves there. The lady on the plantation used -to whip the slaves early in the morning; it disgusted me, and I -went to New Orleans. My brother Albert printed the New -Orleans <cite>Times</cite>. I advertised for a situation as teacher, and soon -secured one. I remained there till my brother Albert died—no, I -am mistaken, he did not die then. I came to New York, and had -but little money left. I could not work at the printing business. -My father sustained me in the sun and rain, although he was a man -of limited means though of high position, for he was a Judge of -Rhode Island. I went to Arthur Tappan, who introduced me to -his brother Lewis. I told him that I wanted to teach colored -scholars. I suppose you will call me a lunatic for that. I told -him my qualifications, and he sent me to Mr. Van Rensselaer, -under the <cite>Journal of Commerce</cite>. I taught a colored boy for him, -for which he gave me my board. I lost my health, and finally—but -I won’t mention names—I taught a candidate for Alderman of the -Fourteenth Ward. That was the first public man I ever taught in -New York. There was a man named Gouraud, a Frenchman, a -teacher of the art of memory. I found he was trying to humbug -the public. I saw he was an impostor, and exposed him. He had -secured the press and the people, and I exposed him. I attended -his lectures, and saw there William Cullen Bryant, Horace Greeley, -Judge Oakley, and all the leading men and women of the city. -His system was an exploded system of the Sixteenth Century. I -exposed him in various cities. I exposed him, and stopped him. -He was denounced in Philadelphia. Through educating public -men, I got into politics. There may be a desire to get me into -prison as soon as possible, and so I will be brief.</p> - -<p class='c012'>The Recorder—There is no desire to get you into prison, Mr. -Branch.</p> - -<p class='c012'>Branch—I taught the Aldermen till the California mania broke -out, when I went to California. I wrote a letter to the New York -<cite>Herald</cite>, about alligators on the Isthmus, which gave me the title of -“Alligator.” I taught servants and public men. Alfred Carson -wanted me to write his reports for him, which I did. In 1855, I -got into the Matsell campaign. I pursued <em>him</em>. You all know the -result. I went to Brandon, England, to find his birth-place, and I -found it. Soon after I saw Carson, I found that the officers of this -city were very corrupt. Carson asked me to write his reports. He -informed me that the officers around the City Hall interfered with -the affairs of the Fire Department. I advised him to resist it, I -wrote his reports for some years, I got through with the Frenchman, -Gouraud. I got through with teaching public men and -servants, and with the fire and Matsell campaign. I thought I -would start the <cite>Alligator</cite>. I did, and <em>I don’t regret it</em>. There is -a gang of thieves around the City Hall, and your Honor knows it, -and we all know it. I pursued them hard, days and nights for -years, in defence of honesty, industry, and the tax-payers, rich and -poor, but especially the poor, who go to corner groceries, barefooted, -naked, who live in attics. I—a lunatic, so-called, have -passed my days in their defence. Ask Carson; ask Harry Howard—I -saw him here to-day—ask the editors, if I have not passed the -midnight hours in their editorial habitations—if I have not been -true to them, to Carson, and all for whom I professed friendship—to -all whom I found advocating the cause of the poor tax-payers? -Do I regret the establishment of the <cite>Alligator</cite>? No; and why? -I have attacked thieves indiscriminately. Hitherto these men -had reputation as public officers, and amid tears oftentimes, my -shafts have fallen harmless. But now, I have struck at a dynasty -which has existed in this city for thirty years, the Peter Cooper -guild. He was Alderman in 1828, ’29, and ’40. Tiemann was -Alderman in 1839, ’44, ’62, and ’63. Through Denman, who was a -pupil of mine, I first heard that Tiemann and Cooper were corrupt -men.</p> - -<p class='c012'>The Recorder—Mr. Branch, I must stop you. You cannot be -allowed to use such language In this Court.</p> - -<p class='c012'>Mr. Ashmead—Will your Honor remember the case of Lord -Norbury, to which I drew your attention this morning?</p> - -<p class='c012'>Recorder—I remember Lord Norbury, and every other lord, but -I cannot permit such language.</p> - -<p class='c012'>Branch—I will spare your feelings. Peter Cooper and his -daughter I taught in his own house. He does not deny it; but, if -I had taught my father, and was satisfied he was corrupt, I would -trample him down. I have attacked the Mayoralty, and for that I -am on my way to a prison. <em>Send me there.</em> I will walk with a -firm step to my dungeon. Before God—before God, I declare -with my hand on my heart, that this is the happiest moment of my -life. What have I stolen? Whom have I murdered? What -crime have I committed? I have pursued the plunderers of the -masses, and for that you send me to a dungeon. You can desert -me—the prosecution can oppress me, but God—but God will not -desert me. Your prisoner is ready.</p> - -<div class='double'> - -</div> -<div class='fancy'> - -<div class='nf-center-c0'> -<div class='nf-center c013'> - <div>Stephen H. Branch’s Alligator.</div> - </div> -</div> - -</div> -<hr class='c014' /> - -<div class='nf-center-c0'> - <div class='nf-center'> - <div>New York, Saturday, August 14, 1858.</div> - </div> -</div> - -<div class='double'> - -</div> - -<div class='chapter'> - <h2 id='cell' class='c005'>IN MY CELL.</h2> -</div> - -<p class='c006'>On either side of me are three murderers, -and my cell has a murderer’s lock. My bed is -straw, with a blanket. I slept well last night, -and had a good breakfast this morning, which -my keeper kindly procured for me, and who -has extended the kindness of a brother towards -me, in obtaining every thing I desired for my -comfort, and in permitting my friends to visit -me. I have read all the daily papers; and to -Horace Greeley, Doctor Frank Tuthill of the -<cite>Times</cite>, and to James and Erastus Brooks, for -their genial sympathy, I express my cordial -gratitude. The <cite>Courier & Enquirer</cite> is silent, and -that is preferable to denunciation, in my shackles -and dungeon gloom. Bennett lashes me with the -stings of a scorpion, who has fattened on libel -and obscenity, and blasphemy, and black mail, -from the dawn of his infamous editorial career. -In his aged visions he often beholds the poor -creatures whom his defamation hurled into premature -graves. Halleck, of the <cite>Journal of -Commerce</cite>, is brief but bitter in his comments -on my alleged lunacy. The <cite>Daily News</cite> I have -not seen, but I learn that its anathema of me is -terrible, and has a bulletin against me written -in letters of blood. Its former editor, Mr. Auld, -is the Mayor’s Clerk, which accounts for the -severe comments of the <cite>News</cite>. But the article -in the <cite>Sun</cite> grieved me more than all the phillippics -of my editorial adversaries. The <cite>Sun</cite> -has clung to me for a dozen years, and to have -it desert me now, is like the fatal stab of Brutus -at Caesar. But I will forgive Moses S. -Beach and John Vance of the <cite>Sun</cite> for their -deep and unexpected gashes in my heart. Let -all my friends be cheerful, when I inform them -that neither sighs nor tears have passed from -my lips or eyes, and that I only grieve at the -official stabs at the liberty of speech and of the -press, which the people will be sure to avenge, -and soon consign the Grand Jury Inquisitions -to the Spanish despots, and all their advocates -to an ignominious destiny.</p> - -<div class='c015'>STEPHEN H. BRANCH.</div> - -<div class='chapter'> - <span class='pageno' id='Page_3'>3</span> - <h2 id='press' class='c005'>OPINIONS OF THE PRESS.</h2> -</div> - -<h3 class='c007'>[<cite>From the N. Y. Express.</cite>]</h3> - -<p class='c008'><span class='sc'>The Branch Libel Case.</span>—Stephen H. -Branch has been convicted of a gross and malicious -libel upon Mayor Tiemann, Simeon Draper, -and Isaac Bell, and has been sentenced to -be imprisoned in the penitentiary for one year, -to pay a fine of $250, and stand committed until -that sum shall be paid. The scene at the -closing of the Court on Wednesday was a very -melo-dramatic one, and fully in keeping with -all the previous steps in this extraordinary -case. Mr. Branch being asked what he had to -say why sentence should not be pronounced -against him, made a long speech, in which he -reviewed the various events of his somewhat -eccentric life; but just as he commenced to allude -to the libels, and to speak thereon and the -persons aggrieved, the court stopped him. The -prisoner bore himself with the air of a martyr -to the cause of public virtue, and said it was -the happiest and proudest day of his life; but -his excitement at the close of his address was -very great, and his delivery vehement and earnest -almost to weeping. The court was full of -his sympathizers, who did not scruple to say -that they believed the convict to be more sinned -against than sinning.</p> - -<p class='c009'>This extraordinary case will long be remembered. -The libels published and circulated by -Mr. Branch were the most outrageous ever -perpetrated in this city, and the prosecution -has been in keeping with the provocation, -amounting in its virulence almost to a persecution. -Circumstances on the trial favored the -presumption that the whole of the proceedings -had been decided upon in advance, even to the -wording of the recorder’s charge and sentence. -His honor himself informed the counsel for the -prisoner that he had considered his possible application -for a suspension of judgment, had examined -the point, and had made up his mind -that such a motion could not be allowed. Every -precaution had been taken. The whole power -of the corporation—executive, legal, judicial—was -invoked to annihilate Mr. Branch, and the -end was attained. The offence was outrageous, -and will admit of no palliation; but it was -hardly good taste in the powerful complainants -to take every advantage of a criminal whom -many believe to be a monomaniac, and by -the extreme vindicativeness of the prosecution, -give to the administration of public justice the -appearance of private revenge.</p> - -<p class='c009'>The arguments in the case were worthy of -the best days of the criminal bar of New York. -Mr. Ashmead distinguished himself highly in -his appeal for the prisoner, and had the case -gone to the jury before the cool and dispassionate -reasoning of Mr. McKeon had partially -weakened the effect of Mr. Ashmead’s eloquence, -the result might have been different. -The charge of the Recorder was decidedly -against the prisoner, and his sentence, it will -be seen, was severe in its terms to an excess -that was not called for. The punishment imposed -was the extent of the law, and was by no -means disproportioned to the offence; but it -was entirely gratuitous on the part of the Recorder -to drag into his remarks matters extraneous -to the issue, and not at all connected -with the present trial. The Recorder’s announcement -of the rod he has in pickle for certain -other libellers who he intimates are shortly -to be tried, will probably put those prospective -culprits upon their guard, and they will at -least have this advantage over Mr. Branch that -they will not be taken unawares.</p> - -<p class='c009'>We congratulate the distinguished citizens -whose characters have been cleared again by -this conviction of Mr. Branch; but can assure -them that their fair fame by no means suffered -so much from the attacks of the “<span class='sc'>Alligator</span>” -as they presumed that it did.</p> - -<p class='c009'>We understand that Mr. Ashmead will to-day -prepare a bill of exceptions, and move in -the Supreme Court for a writ of certiorari and -stay of proceedings. The bill will not be settled -until late in the day, and the motion in the -Supreme Court cannot be made until to-morrow. -In case, therefore, that Mr. Branch -should be sent to Penitentiary to-day, the motion -will not avail him. It is hardly to be presumed -that when a motion for arrest of judgment -was denied without argument, the prisoner -will be allowed time to benefit by an -appeal to the Supreme Court.</p> - -<h3 class='c010'>[<cite>From the N. Y. Tribune.</cite>]</h3> - -<p class='c008'><span class='sc'>Stephen H. Branch</span> was yesterday convicted -of a gross libel on Mayor Tiemann and -others, and sentenced by the Recorder to the -Penitentiary for one year, and to pay a fine of -$250. Considering that the libel, however -groundless essentially, appears to have had a -real foundation in statements made to Branch -by persons whom he undoubtedly believed, -and whom his counsel had ready to produce -(but their testimony was not allowed), we -must consider this sentence a severe one. We -believe it will excite for him a sympathy which -it is unwise to provoke. Branch, we believe, -has been trying pretty hard to libel <em>us</em> in his -abusive little sheet; but we have never considered -his slanders worth any sort of notice. -It may be well to stop his career, but not to -make him a martyr. And we say most decidedly, -that considering the libel for which he -was indicted was really based on information -furnished him by persons whom he had reason -to believe, we deem his sentence a harsh one, -and trust it may be mitigated by pardon.</p> - -<h3 class='c010'>[<cite>From the New York Times.</cite>]</h3> - -<p class='c008'>The verdict and the sentence startled a great -many people. <span class='sc'>Branch</span> was immediately surrounded -by a troop of friends, who nearly -shook his hands off with their greetings. He -was followed to the Tombs by a large crowd, -who only left him at the gates of that edifice. -But though incarcerated in prison, we have not -as <span class='sc'>Branch</span> says, heard the last of <span class='sc'>Branch</span>.</p> - -<div class='figcenter id002'> -<img src='images/curlyline.jpg' alt='' class='ig001' /> -</div> - -<div class='chapter'> - <h2 id='alligators' class='c005'>ALLIGATORS.</h2> -</div> - -<div class='c016'><span class='sc'>Panama</span>, New Granada, }</div> -<div class='c015'>Jan. 7, 1849. }</div> - -<p class='c017'><span class='sc'>James Gordon Bennett</span>,</p> - -<p class='c018'><i>Editor of the N. Y. Herald</i>:</p> - -<p class='c006'>When three miles from Panama, I saw two -spires of the largest and most imposing cathedrals -here—larger than any church in America. -On either side I beheld the Cordileras -and the Andes, towering high up towards -the glorious sun—the Cordileras connecting -the Andes with the Rocky Mountains. -As you near the city, you are gradually lead -upon a beautifully paved road—paved by Pizzaro, -the fiend, under whose superintendence -the path from there to Cruces was made, -through which Pizzaro, with his terrible -banditti, often passed. On entering the city, -the natives outside the gates were singing -and dancing merrily in honor of some festival. -Boys were flying their kites on the road, -which they seemed to enjoy like the youth -of all countries. There kites were made in the -form of a coffin, and fringed on the sides with -a very curious tail, partially resembling a rattlesnake. -The more genteel natives wore -white dresses and Panama hats. These hats -are not made in Panama, but at St. Helena, -and other places on the coast, which was news -for me. Panama contains an impoverished -population, whose leading maintenance is a -few merchants of very little energy, who deal -in British drillings and manufactures of various -kinds. There are some choice relics of -the old Castilians who are never seen in the -streets by day, but who walk in their rear balconies -in the evening to inhale the tropic air. -The female Castilians are as beautiful as the -Georgians or Circassians, and will not recognize -the common natives, nor even the English -or Americans, nor the aristocracy or nobility of -any country as their equals. I had the fortune, -through influential letters to a large mercantile -house here, to get an introduction to a -Castilian family, and I was invited to a rural -gathering of the friends and relatives of this -family. The loveliest girl I ever saw is the -daughter of the gentleman who is at the head -of the family. To attempt a description of -her accomplishments and extraordinary personal -fascinations, would be as impossible as -to describe the horrors of a trip up the Chagres, -and especially the defile from this to -Cruces, which still haunts, and will haunt me -for a long period. The best description I can -convey to my countrymen of the river Chagres, -is its comparison with the river Styx, and -you can form a slight conception of the defile -between this and Cruces by its comparison with -purgatory, as described by an illiterate and -boisterous parson; and you can appreciate the -loveliness of this Castilian female, by fancying -that she is the very prototype of the unearthly -Cleopatra, the accomplished and captivating -queen of ancient Egypt, who was familiar with -all the dialects of the East (thirty in number), -whose glowing eloquence and brilliant eye, -and majestic form, and perfect symmetry of -mind and body and feature, only could have -allured the eloquent, rich, and noble Anthony -from his ambition of military glory and his -love of his native country. The Cathedral is -dingy and very gloomy. All the bells are -cracked, and their doleful tones thrill the -senses. I saw the leading priest to-day, who -seems very old and infirm. In front of the -Cathedral, are the Twelve Apostles, with the -Saviour. The spires are adorned with pearls, -with which the coast abounds. I have visited -the temples, jails, walls, churches, old governors’ -palaces and trenches, and my heart was -filled with pensive emotions, as I gazed on these -crumbling ruins of other generations. The -best idea I can give about this place, is its comparison -with New York, after the great fires of -1835 and ’46. The tortures and mode of life -here are very peculiar. I slept on a bare cot, -and with only one sheet over me—sweat like -blazes. The meats and cooking are extremely -novel. Lizzards, spiders, musquitoes, galinippers -and ants, crawl around and over me, and -often penetrate the ears and nose. Some lizzards -gathered around my head the other -night and awoke me, which I scattered very -quick. I think they were preparing to play -some trick on me, and perhaps even contemplated -the decapitation of my beloved proboscis, as -one of the rascals was smelling around my nostrils -when I suddenly awoke. I hate lizzards, -but I can stand spiders and alligators, and the -other animalculae of the country tolerably -well. A girl only ten years of age was married -to-day. This seems incredible, but you -may repose implicit confidence in its truth. -Females mature more rapidly here than in any -other part of the earth. At eight and nine -there is often every indication of puberty. I -saw the young “lady” of ten, who was married -to-day. I was utterly astonished at her -prodigious maturity. She was extremely beautiful, -and her glances were bewitching, and -she seemed very devoted to her young and enthusiastic -lover. It rains or pours in these latitudes -ten months in the year, which the natives -call the wet season. The other two months -are called the dry season, when it only rains -about twelve times a day. The lightning is -sometimes incessant, and the thunder is terrific -and makes the alligators look glassy about the -eye. We had a shock of an earthquake last -night which lasted some seconds. It created -quite a sensation among the emigrants, but -it did not terrify the natives, as they are used -to earthquakes. A small lizzard crawled into -the ear of an emigrant, who lives near the -shore, which nearly killed him. I attended -the Cathedral this morning, and the music and -<span class='pageno' id='Page_4'>4</span>ceremonies were grateful to my heart. After -the solemn scenes of last week, and the death -of a beloved friend on Tuesday last. The attendance -was not large. Youth, age, decrepitude, -competence, affluence, penury and -utter rags, all knelt side by side. Six priests of -various grades were present. As I gazed on these -splendid ruins, at the images, paintings and -costly decorations, and grasped a retrospect of -the long line of generations of Spanish nobility -who had worshipped in its sacred aisles, and -gazed down to the sepulchres of their fathers, -contrasting this dismal structure with its -tottering walls and spires, with its ancient -glory, and as I gazed on its wildness and dilapidated -magnificence, I was impressed with the -most solemn and overwhelming emotions. -Last evening I visited the ramparts, that encircle -a portion of the city. The work is truly -beautiful and exhilarating at early twilight, -when the burning sun is gone, and when, as in -last evening, the full moon was emerging with -uncommon splendor from the far horizon of a -tranquil sea. A group of lovely children just -passed my window, followed by their slaves, -with gorgeous turbans clad in red, white and -blue. A passenger just entered my apartment -and informs me that while dozing in his canoe -on the banks of the Chagres, he was suddenly -aroused from his slumber and saw an enormous -alligator crawling over the base of his canoe, -when he sprang and leaped to the shore and -ran for his life up the embankment with the -alligator in hot pursuit, which nearly caught -him by the tail of his coat. He rushed into -the hut of a friendly native, and closed and -barred the door, and flew to the roof, where -he found piles of stones for defensive operations, -and immediately opened a battery of -flying stones at the alligator, causing him to -retreat and disappear beneath the waters of -the Chagres. There are turkey buzzards in -countless thousands hovering over the city, -which greatly alarm the natives. Such flocks -were never seen before. The timid and superstitious -natives predict the most awful visitations -from the sudden appearance of so -many buzzards, which darken the air like a -cloud with their hideous presence. Some of the -natives prognosticate a famine, or others fatal -convulsions of nature. My chum predicts extraordinary -heat (theremometer now about 100 -in the shade), and a shower of rain (only -rained six times to-day,) and other calamities. -But I do not fear these terrible disasters from -the advent of large flocks of turkey buzzards, as -I have been taught to scout every thing in -the form of representation.</p> - -<div class='c015'><span class='sc'>Stephen H. Branch.</span></div> - -<div class='figcenter id002'> -<img src='images/curlyline.jpg' alt='' class='ig001' /> -</div> - -<div class='chapter'> - <h2 id='petition' class='c005'>AN IMMORTAL PETITION.<br /> <br /> <span class='small'><i>The Wise Peter Cooper, and his most extraordinary proposal of a Tank on the summit of the City Hall, for the extinguishment of disastrous conflagrations.</i></span></h2> -</div> - -<div class='nf-center-c0'> -<div class='nf-center c019'> - <div>[Document No. 13.]</div> - </div> -</div> - -<div class='c015'><span class='sc'>Board of Aldermen</span>, }</div> -<div class='c015'>February 6, 1854. }</div> - -<p class='c009'>The following petition of Peter Cooper, in -relation to the prevention and extinguishing of -fire, and to give greater efficiency to the Police -Department, was received and laid on the table -and ordered to be printed.</p> - -<div class='c015'><span class='sc'>D. T. Valentine</span>,</div> -<div class='c015'>Clerk.</div> -<p class='c006'>To the Hon. the Mayor and Common Council -of the city of New York.</p> - -<p class='c009'>The subscriber takes this method to present -to your Hon. Body, certain improvements for -the prevention and extinguishing of fires, to -give greater efficiency to the police and greatly -lessen the labors of the Fire Department, and -at the same time give greater security to life -and property, and the government of our city.</p> - -<p class='c009'>Your subscriber is of the opinion, that these -improvements will, if adopted, result in great -benefit to the City, State and Nation.</p> - -<p class='c009'>A good government in this city, like the -heart of a great body, will make itself felt -throughout our State, our Nation, and to some -extent throughout the world. Desiring greatly -to secure for my native city, the inestimable -blessings of good government I have ventured -to propose and urgently recommend, to the serious -consideration of your Hon. body, a plan -founded on a principle, that I believe will do -more to bring about security, order and good -government, than any and all other measures, -that are within the range of our municipal -powers, to adopt. The plan and principle to -which I allude, will make it directly the dollar -and cent interest, of some three-quarters of all -the officers in the employ of the city government -to faithfully perform their duty.</p> - -<p class='c009'>If this can be shown to be conveniently -practicable, it must be admitted that it would -bring about greater efficiency in the execution -of all useful laws and ordinances, than any -other means which have ever been applied to -the government of our city.</p> - -<p class='c009'>Before I attempt a description of this plan, I -will state that it will require greater conveniences -for the extinguishment of fires than those -now provided by our present arrangement.</p> - -<p class='c009'>The necessary facilities for conveniently putting -out fires, can be arranged in a short time -and at comparatively small expense, by placing -a boiler-iron tank of some thirty feet in -height, on the top of the present reservoir on -Murray Hill. This tank to be filled and kept -full of water by a small steam engine provided -for that purpose.</p> - -<p class='c009'>And as an additional security I would propose -that the present City Hall be raised an additional -story, and covered with an iron tank -that would hold some ten feet of water. The -outside of this tank to be made to represent a -cornice around the building.</p> - -<p class='c009'>If an additional building should be put up, -to take the place of the one lately destroyed -by fire, it should be so formed as to be in harmony -with the present City Hall, and covered -with a similar tank, and corniced to correspond. -With this greater head and supply of water always -at command, and ready for connection -with the present street mains, the moment the -signal is given from any Police Station, it -will be apparent that all the hydrants will be -made efficient to raise water over the tops of -the highest houses in the city.</p> - -<p class='c009'>I would, in addition propose, that there -should be placed at convenient distances in every -street, a small cart containing some three -hundred feet of hose. These carts should be -so light that one man could draw them to the -nearest hydrant to the fire, and bring the water -on the fire in the shortest possible time. With -this arrangement, I propose to make it the interest -of every man in the police, to watch -against incendiaries and thieves, and to use every -possible effort to extinguish fires as soon as -they occur. To make it the interest for the -police to perform their duty faithfully, I propose -that the Corporation should set apart as a -fund, two shillings per day, in addition to the -wages of each man, to be held by the Corporation -to the end of each year, and when it -shall be ascertained that the loss and damage -by fire, and the loss of property stolen, shall -have been reduced below the average of the -last ten years, then this fund of two shillings -per day, in addition to their former wages, shall -be equally divided between the men forming -the Police Department.</p> - -<p class='c009'>In addition to this I propose that the Corporation -should request all the Insurance Companies -interested in the property of this city to -bid or offer the largest per centage that they -are willing to give on all, that the loss and -damage by fire can be reduced below the average -agreed upon.</p> - -<p class='c009'>This fund to be added to the Corporation -fund of two shillings per day, and to be equally -divided with the men forming the City Police.</p> - -<p class='c009'>This would enable every one of the members -of the police to secure for himself sufficient to -pay his rent every year over and above his -present wages. They would also have the -elevating satisfaction of knowing that while -they are saving one dollar for themselves they -are saving fifty dollars for the community, and -in addition saving thousands of individuals -from that wretchedness and misery annually -produced by the desolating ravages of fire.</p> - -<p class='c009'>A police appointed for and during good behavior, -with the liberal salary they now receive, -and with the additional privilege of securing -to themselves annually so large an -amount over and above their regular salaries -might always be relied on to forward every -measure that would tend to secure order and -good government. A department so formed, -whose duty it would be to traverse every street -of the city by day and night, would find it their -interest as well as duty to watch against incendiaries, -and when a fire was discovered they -would instantly signal for as many hose carts -as desirable, with directions for every next -man to double his walk. When such men -come to a fire they would all be armed with -police powers to protect property, and to bring -and use the carts with hose on the fire, until -the general alarm became necessary to summon -the firemen to the charge, which would seldom -happen with such facilities and such an interest -to extinguish fires. One of the best features -in this arrangement will be the constant -tendency and interest there will be to draw -into the department good men and crowd out -bad men. They find it their interest to have -every man turned out who is either drunken, -idle or dishonest, and to have in their place -those that are sober, honest and efficient. They -find it their interest to close every rum shop -that is selling without license, and they will -not be long in finding out that a large part of -the fires arise from drunkenness and the degradation -and carelessness that are the natural -results of dissipation.</p> - -<div class='nf-center-c0'> -<div class='nf-center c020'> - <div>[<i>Conclusion in our next.</i>]</div> - </div> -</div> - -<div class='figcenter id002'> -<img src='images/curlyline.jpg' alt='' class='ig001' /> -</div> - -<p class='c009'>☞ Owing to an unusual amount of matter -in this number, we have omitted our advertisements. -They will be inserted in next issue.</p> - -<div class='double'> - -</div> - -<div> - <h2 id='ads' class='c005'>Advertisements—25 Cents a line.</h2> -</div> - -<p class='c006'>Credit.—From two to four seconds, or as long as the Advertiser -can hold his breath! Letters and Advertisements to be left at No. -114 Nassau-street, second story, front room.</p> - -<div class='double'> - -</div> - -<p class='drop-capa0_0_0_4 c021'>COREY AND SON, MERCHANT’S EXCHANGE. WALL -street, New York, Notaries Public and Commissioners—United -States Passports issued in 36 hours.—Bills of Exchange, Drafts, and -Notes protested,—Marine protests noted and extended.</p> - -<div class='c015'>EDWIN F. COREY,</div> -<div class='c015'>EDWIN F. COREY, <span class='sc'>Jr.</span></div> - -<hr class='c022' /> - -<p class='drop-capa0_0_0_4 c021'>HERRING’S PATENT CHAMPION FIRE AND BURGLAR -Proof Safe, with Hall’s Patent Powder Proof Locks, -afford the greatest security of any Safe in the world. Also, Sideboard -and Parlor Safes, of elegant workmanship and finish, for -plate, &c.</p> - -<div class='c023'>S. C. HERRING & CO.,</div> -<div class='c015'>251 Broadway.</div> - -<hr class='c022' /> - -<p class='drop-capa0_0_0_4 c021'>SANTE MENTO.—No. 29 ATTORNEY STREET, NEAR -Grand, has a superior assortment of Cloths, Cassimeres, and -Vestings, made to order in the most fashionable and approved Parisian -styles, and at short notice. Let gentlemen call and patronize -me, and I will do my utmost to please my customers.</p> - -<hr class='c022' /> - -<p class='drop-capa0_0_0_4 c021'>J. VAN TINE, SHANGAE RESTAURANT, No. 2 DEY -street, New York.</p> - -<hr class='c022' /> - -<p class='drop-capa0_0_0_4 c021'>S. & J. W. BARKER, GENERAL AUCTIONEERS & REAL -ESTATE BROKERS. Loans negotiated, Houses and -Stores Rented, Stocks and Bonds Sold at Auction or Private Sale.</p> - -<p class='c009'>Also, FURNITURE SALES attended to at private houses. -Office, 14 Pine street, under Commonwealth Bank.</p> - -<hr class='c022' /> - -<p class='drop-capa0_0_0_4 c021'>CARLTON HOUSE, 496 BROADWAY, NEW YORK. -Bates and Holden, Proprietors.</p> - -<div class='c015'>THEOPHILUS BATES.</div> -<div class='c015'>OREL J. HOLDEN.</div> - -<hr class='c022' /> - -<p class='drop-capa0_0_0_4 c021'>GERARD BETTS & CO., AUCTION AND COMMISSION -Merchants, No. 106, Wall street, corner of Front street, New -York.</p> - -<hr class='c022' /> - -<p class='drop-capa0_0_0_4 c021'>SAMUEL SNEDEN, SHIP & STEAMBOAT BUILDER.—My -Office is at No. 31 Corlears street, New York; and my yards -and residence are at Greenpoint. I have built Ships and Steamers -for every portion of the Globe, for a long term of years, and continue -to do so on reasonable terms.</p> - -<div class='c015'>SAMUEL SNEDEN.</div> - -</div> - - - - - - - - -<pre> - - - - - -End of the Project Gutenberg EBook of Stephen H. Branch's Alligator Vol. 1 -no. 17, August 14, 1858, by Stephen H. 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