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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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