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+metadata, and any other content or labor, has been confirmed to be
+in the PUBLIC DOMAIN IN THE UNITED STATES.
+
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+Project Gutenberg (https://www.gutenberg.org) public repository for
+eBook #55004 (https://www.gutenberg.org/ebooks/55004)
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-The Project Gutenberg EBook of Stephen H. Branch's Alligator Vol. 1 no.
-18, August 21, 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. 18, August 21, 1858
-
-Author: Stephen H. Branch
-
-Release Date: June 29, 2017 [EBook #55004]
-
-Language: English
-
-Character set encoding: UTF-8
-
-*** START OF THIS PROJECT GUTENBERG EBOOK BRANCH'S ALLIGATOR ***
-
-
-
-
-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, typos and missing punctuation fixed. Archaic,
- inconsistent and unusual spelling representing spoken dialect
- retained.
- A pointing hand in text within 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.
-
-------------------------------------------------------------------------
-
- OPINIONS OF THE PRESS. 1
- AN IMMORTAL PETITION. 3
- FRANK LESLIE AGAIN ARRESTED. 3
- Advertisements 4
-
-------------------------------------------------------------------------
-
-
-
-
-[Illustration: STEPHEN H. BRANCH’S ALLIGATOR.]
-
- ----------------------------------------------------------------
-
- Volume I.—No. 18. SATURDAY, AUGUST 21, 1858. Price 2 Cents.
-
-
-
-
- OPINIONS OF THE PRESS.
-
-
-We conclude, the public feel slightly interested in our libel case;
-therefore we shall take the liberty to lay before our readers a few
-extracts from the weekly press of our city, as we did in our last the
-opinions of the dailies.
-
-
- [_From the N. Y. Weekly Despatch._]
-
-During the last three months Branch’s _Alligator_ has been the talk of
-the town. Through the columns of his little sheet, Branch has made
-charges of the most serious nature against prominent citizens and office
-holders. At first no notice was taken of these attacks, finally,
-however, these charges were so generally talked of that it became
-necessary for the parties assailed to notice them. Mayor Tiemann, Simeon
-Draper and Supervisor Bell united in a complaint before the Grand Jury,
-who found an indictment; whereupon all the rest of the individuals who
-had been honored with the attentions of the _Alligator_ set to work to
-aid in bringing Branch to justice. His case was set down for trial in
-the sessions on Monday last. When the case was called, Branch announced
-himself ready for trial; the District Attorney, however, said he would
-not be ready till Tuesday. An attempt had been made on Saturday to
-prejudice the case by one of his bondsmen, being indused to surrender
-Branch, and on Tuesday, in the middle of the trial, Mr. Southworth, the
-other bondsman, went into Court and surrendered him. In both cases other
-parties came forward and took the places of these pretended friends. By
-applying the sharpest rules of legal practice, his testimony was ruled
-out and Branch was convicted, and without giving him time to breathe, he
-was sentenced to pay a fine of $250 and to be imprisoned in the
-Penitentiary for one year. The Recorder in his remarks volunteered the
-gentle hint to the rest of the newspapers, that there were a number of
-other editors whom he meant to put through a similar course of sprouts.
-While we do not care to quarrel with the verdict of the jury, and
-certainly do not wish to be understood as advocating the license of the
-Press to assail unjustly the character of any individual in the
-community, we must say to the Recorder and the parties to the trial,
-that we hardly think they will find any other case in which they will be
-permitted to put an editor through with quite such railroad speed,
-though we admit that if justice were as promptly administered in all
-cases, the Court of Sessions would stand much higher in public
-estimation. Of the real merits of Branch’s case we have no means of
-judging. That he believed the truth of the charges he made we have not
-the slightest doubt. If there was any falsehood in the matter, he was
-the dupe of it and not the perpetrator, and we sincerely regret that the
-prosecutors saw fit to avail themselves of legal technicalities to shut
-out what his witnesses had to say. It is quite as unfortunate for them
-as it is for Branch. While their suppression consigns him to prison it
-leaves the prosecution open to invidious comments, all of which might
-have been silenced by dragging the slanderers (if such they are) into
-the light of day and refuting these calumnies. That, however, is their
-business, not ours. In the meantime poor Branch has been consigned to
-the tender mercies of the Ten Governors—one of whom, at least, has
-publicly announced his determination to “put him through the _roughest
-course of training_ any man ever got on the Island.” We were surprised
-to hear that the Governor in question had made this _heartless_ speech.
-We supposed him to be a _Christian_ and a _man_, but we cannot reconcile
-the idea of striking a fallen and powerless brother as either an
-evidence of _Christianity or manhood_, and we trust the Governor will
-yet see the impropriety of attempting to put his threat into execution.
-We see by this morning’s _Express_, that Branch was on Friday seen in
-the quarry with his hands all a mass of blisters, working away under a
-broiling sun. This looks as though the Governors intend to give him the
-full benefit of his sentence.
-
-The _Herald_ takes the occasion of Branch’s conviction to read us a
-lecture on the enormity of scurrility and libel. No other print in the
-country is so well qualified for the task. Bennett evidently thinks New
-Yorkers have short memories, not to recollect the obscene and licentious
-character of the _Herald_ in its earlier days. He has used Branch as
-often as any other paper in New York to abuse people towards whom he had
-incurred a hostility, but now he is down, Bennett kicks him with the
-rest. We perceive that George Wilkes has commenced a libel suit against
-Bennett for what he said of _Porter’s Spirit_.
-
-[We have taken the liberty of _italicizing_ a portion of the above
-article—_Ed. Alligator._]
-
-
- [_From the Sunday Times._]
-
-LIBEL CASE CHARACTERISTICS.—The conviction of Stephen H. Branch, before
-Recorder Barnard, on Wednesday, of a libel on Mayor Tiemann and two
-other public officers, naturally created a sensation. So did the remarks
-of the bench. Sentencing Mr. Branch to a year’s imprisonment in the
-penitentiary and a fine of two hundred and fifty dollars, while such a
-man as Peter Dawson is subjected to incarceration for only sixty days,
-is not likely, however, to exert a wholesome effect upon the public
-mind. We have no doubt the recorder meant, by his severity, to make an
-example of Branch, in order to deter other indiscreet men who are more
-led by their impulses than their judgment from indulging in similarly
-reprehensible publications: but we conceive that justice administered
-with such rigidity, under the peculiar circumstances of the case, might
-seem to wear the aspect of persecution; and converting Branch into a
-martyr, neither elevates the character of the court, nor wins the moral
-sympathy of public opinion. The general mind has really appropriated the
-idea that because Branch attacked so important a person as Mayor
-Tiemann, the whole power of the corporation has been consolidated into
-one grand vindictive effort to crush out the courageous but silly
-slanderer. Every one naturally murmurs, therefore, if this be so, who
-may not be the next sacrifice? Common rumor does not hesitate to
-insinuate that the character of the proceedings taken against Branch,
-and the peremptory treatment bestowed upon the counsel for the prisoner,
-were the result of a preconcerted arrangement of the authorities. This
-assumption believed, who feels secure of justice should he be
-unfortunate enough to incur the enmity of a coalition so potential?
-
-Mr. Branch’s libels were coarse, scandalous, and boldly reiterated. It
-was difficult to believe them wholly foundationless, because an
-investigation was demanded with such persistent audacity. Branch openly
-avowed his readiness to establish all his statements, however
-defamatory; and although they criminated citizens whose good name we had
-always been taught to esteem, they started our incredulity, and set
-every thinking mind astir with painful distrust. We were glad,
-therefore, to find a legitimate course adopted, and an appeal to the
-laws made to decide the truth or falsity of the accusations.
-
-Mr. Branch, as a libeller of the most extravagant kind, merited condign
-punishment; but, after all, it is very clear that Mr. Branch’s strange,
-wild, energetic, incoherent nature, has been made use of by somebody
-else to accomplish his own purposes. Branch has been the catspaw of some
-deeper and more sanely plotting intellect behind the curtain; and we
-regret that the Recorder considered it necessary to rule out the
-testimony which might have introduced us to the principals in this
-offensive operation, instead of their harum-scarum instrument. It would
-have been, as far as the libelled ones are concerned, much better to
-have probed the whole affair to the bottom, even if the exact rule of
-evidence had been made to yield temporarily to the exigency. It would
-have been better for them to let the public perceive precisely on what
-ground all this edifice of mendacity had been constructed. It would have
-exhibited the confidence which belongs to conscious innocence. It would
-not only have exposed the real wire-workers of this game of wholesale
-calumniation, but, in demonstrating the integrity of the parties
-assailed, it would have left no unexplained mystery, no dubious point of
-fact, around which malice might still gather the shadowy wind-breath of
-current scandal. If, however, they are satisfied, we ought to be. We are
-not convinced that Randall’s Island is a paradise of official morality,
-and the great public would not credit us were we to hazard an assertion
-to that effect; but we _are_ satisfied that the particular charges made
-by Mr. Branch are untrue, though imposed upon him as truths, and we hope
-that, having had their probity completely substantiated in the premises,
-the gentlemen so recklessly accused by Mr. Branch are not disposed to be
-vindictive.
-
-In conclusion, we must be permitted to say that we do not admire the
-tone of the Recorder’s remarks on passing sentence. It is the first time
-we have had occasion to allude to this gentleman except in terms of
-merited commendation. We entertain a high opinion of his general
-impartiality. His promptitude, his disdain for pettifogger’s quibbling,
-his nice sense of justice, and his freedom from those tainted
-associations which rob the bench in some quarters of dignity and public
-confidence, have all contributed to place him in the front rank of our
-criminal magistracy. We do not impugn his integrity, therefore, but the
-quality of his judgment both in imposing so severe a sentence upon this
-weak and foolish victim of designing knaves, and in speaking of “other
-libellers,” to all of whom he contemplates meting out a “similar
-punishment.” We know very well that he intended to threaten no
-respectable press, or to hint at fetters _in terrorem_ upon its proper
-independence—but his language may be easily misinterpreted; and when we
-consider how liable the most prudent journalist is to daily imposition,
-the observation that “this verdict settles the fact that no man can make
-an assertion in a newspaper without being liable to be punished
-criminally, unless he can substantiate it,” seems to us one of
-gratuitous harshness, and in any body else would be called one of
-petulence and ill-humor. Branch’s excitement, however, had doubtless
-disturbed the usual current of quiet feeling which characterizes the
-conduct of the Recorder, and we see the effect. The best of us are open
-to these influences, and we are not inclined to forget how much the
-community owes to the general honesty and equity of Recorder Barnard, in
-our exceptions to what is, perhaps, but a hasty expression or so in the
-present instance.
-
-Considering that there are at least 10 or 12 suits for libel pending
-against the _Herald_, for gross and malicious libels upon sundry
-respectable citizens, it is really refreshing to peruse its comments
-upon the warning given by Recorder Barnard in the Branch case, to
-libellers generally. What the _Alligator_ IS, the _Herald_ WAS; and if
-the latter has improved in decency in proportion as it has increased in
-responsibility, necessity, not choice, lies at the bottom of the
-metamorphosis. We are afraid that the Recorder’s hint was purposed, in
-fact, for the special edification of the _Herald_. And, notwithstanding
-that journal’s sudden disposition to saponize _both_ the gentlemen on
-the bench of the General Sessions, instead of its customary one, the
-Recorder may chance to give its responsible conductor a lesson of
-impartiality he little expects by coercing him, despite his
-self-importance, to keep company with Mr. Branch, as a reward for some
-of his virulent assaults on private character.
-
-
- [_From the N. Y. Sunday Mercury._]
-
-BRANCH’S SENTENCE.—Quite unexpectedly the trial of Stephen H. Branch,
-for libel against Mayor Tiemann, Simeon Draper and Isaac Bell, was
-brought up and dispatched, during the past week, with a velocity which
-would make the most wholesome impression, were the rest of the District
-Attorney’s calendar put through with equal promptness and exemplary
-effect. Branch was found guilty, and sentenced to one year’s
-imprisonment on Blackwell’s Island, and two hundred and fifty dollars
-fine. The _Tribune_, in alluding to this sentence of Branch by Recorder
-Barnard, says:
-
-“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.”
-
-By the press generally, the matter is regarded pretty much in the same
-temper, excepting the anomalous instance of the _Herald_! That
-immaculate sheet takes occasion to give utterance to any extent of wrath
-and indignation against Branch and his _Alligator_, and
-characteristically against such of its cotemporaries, present and past,
-as it would desire to denounce and stigmatise, with an odor which has by
-no means been washed from its own bedraggled garments. Indeed, as the
-direct object of the _Herald_ would appear to be a malicious fling at
-the _Spirit of the Times_ in view of another case on the Recorder’s
-docket—that of Judge Russell’s indictment—so the _Herald_ lays itself
-liable to another indictment, which has been duly entered against
-Bennett for no less than twenty-five thousand dollars.
-
-The _Herald’s_ fulminations, and the political pressure brought to bear
-upon Branch by his prosecutors must inevitably have the effect of
-exciting a warm public sympathy for their object. Such, indeed, is the
-manner in which the infliction of the full penalty of the statute is
-regarded in this case, that the prosecutors themselves will be forced to
-step in as petitioners for a pardon, or incur no little odium in the
-business. Besides, what is very sensibly remarked by the _Tribune_, as
-to the foundation of Branch’s charges, it might be added that the public
-have no means of judging whether those charges are well founded or not.
-By a course of proceedings altogether extraordinary on the part of the
-prosecution, the apparent real evidence in the case was completely
-excluded, and Branch convicted solely upon the oaths of his prosecutors,
-without an actual investigation of the presumed issue on which the libel
-originated. The public are largely exercised on the matter, and inquiry
-is particularly active as to who the “Matron” really is? Why she was not
-put upon the stand, and what she could have to say for herself? How
-would her previous character have justified her taking the stand as a
-witness, or of holding the position she has occupied under the chief
-magistrate? These points are matters of curious comment among the
-people, necessarily provoked by the seemingly harsh and rough-shod
-procedure in the case. It is to be regretted the matter was not fully
-cleared up by the production of the entire evidence.
-
-HOW BRANCH CONFRONTS HIS FATE.—The renowned tamer of alligators—I may as
-well add, _en passant_—was duly surrendered to Warden Finch on Thursday,
-having been escorted hither to his prison by a little host of friends,
-whose temper indicated no disposition to desert him. Sympathy is
-strongly in his favor, on the ground, of course, that, whatever may be
-thought of his offence, his treatment at the hands of the officials and
-lawyers, has been such as only a weak and comparatively friendless man
-like him would meet. You will soon see his prosecutors forced to sue for
-his deliverance, just as eagerly as they have pressed for his
-imprisonment.
-
-Besides the sensation created here, it has been noticeable that a
-general scattering—“on leave”—of certain subordinates, has taken place
-during the late “inquest.” It is doubtful if Stephen will, even here,
-have a chance to confront the mysterious “matron.” The fright of the
-trial being apparently over, the fugitives from the Alms-House will
-doubtless return forthwith. Under the discipline of these precincts they
-will find their best protection, as well from the impertinence of
-cross-examining lawyers, as from the no less stringent inquiries of a
-keen public curiosity, mainly aroused by the suppression of the inside
-testimony which could be found here. The nature and source of this I
-have already pointed out. Should the motion in arrest of judgment reopen
-the trial, it will doubtless be for the admission of the main evidence
-in the case, so mysteriously and adroitly evaded by the prosecution.
-Then only can the provoking rumors, now so general, be set at rest, or
-satisfactorily determined.
-
-The fate of Branch here, it appears, will be in no degree lenient, as
-there is more than one petty tyrant under the vice royalty who seems
-desirous of venting his spleen upon the unfortunate man. He has taken
-his place, it appears, already, by direction of the keepers, beside the
-common fellows in the quarries. The directions of one of the Governors
-is quoted to the effect that he would be “put through the roughest
-course of training any man ever got on the Island.” I have purposely
-withheld a variety of matters in connection with these precincts this
-week, until the interests with Stephen, with regard to the Ten
-Governors, is more definitively settled.
-
-
- ----------------------------------------------------------------
-
- Stephen H. Branch’s Alligator.
-
- ------------------------------------------------------
-
- New York, Saturday, August 21, 1858.
-
- ----------------------------------------------------------------
-
-
-If there be one thing more than another on which we had fully made up
-our minds it is this: that our country is pre-eminently free—yea, the
-freest in the whole family of nations. But the history of the past week
-has taught us how very easily it is to be mistaken.
-
-The trial of Stephen H. Branch in our Court of Sessions, a few days ago,
-teaches us a lesson which we ought not soon to forget. From the time
-that our great nabob, Mayor Tiemann, associated with the Peter Cooper
-_guild_, first made their complaint, or “Trinity” of complaints, down to
-the passing of the sentence in the Court of Sessions, the trial was one
-of the most vindictive and one-sided affair, on the part of the
-prosecution, that we recollect during our sojourn on this “miserable
-globe.”
-
-In the first place, it was proved on the trial that one of the
-complainants, or more properly _persecutors_, had never been before the
-Grand Jury. In the second place, it would appear that indictments by the
-dozen must have been preferred against the accused; for if we recollect
-aright, he was arrested every day for nearly a fortnight, previous to
-his trial. And again we have been told—how far it is true we care not to
-inquire—that one man who professed great friendship for him, and became
-his bail on the last arrest, two days before his trial, on the following
-day withdrew his bail, and delivered the unfortunate man up to his
-adversaries; and in consequence of this latter act realised a contract
-from the city authorities. “Save us from our friends.”
-
-If all this be true, it is one of the most arrant pieces of villany ever
-recorded of Christian men.
-
-When we come into court we, unfortunately, if possible, find things
-worse. The ruling of the Judge was altogether too strict—too severe—in
-fact too arbitrary. The Judge, it appears to us, made it a point of his
-business to shield, as much as possible, the complainants on the one
-hand, by interfering in behalf of the Mayor, when he was being
-cross-questioned by defendant’s Counsel; whilst on the other hand he
-ruled out the principal evidence in support of the defendant, and of
-course deprived the accused of the slightest shadow of a chance to
-establish his innocence.
-
-Then comes the Recorder’s charge to the Jury. And that we think is in
-keeping; or, perhaps, we ought to say an improvement on the spirit of
-the whole proceedings. Let any one sit down and read that charge calmly
-and dispassionately, and we venture to assert that for severity the
-reader cannot find a case to surpass it, nor perhaps even to equal it in
-the history of modern English jurisprudence.
-
-Then, if we consider the hurried manner in which the prosecution got up
-this trial, and their mode of conducting it, as described above, we must
-consider the proceedings unwarranted by the premises; and forms a great
-contrast to the tardy manner in which our Courts mete out their
-infinitismal doses of punishment to Thieves, Burglars, Murderers and
-Desperadoes.
-
-There is still another charge, which in our opinion is the gravest of
-all. After the rendition of the verdict the counsel for the defence
-moved a stay of proceedings; now mark the reply of his honor. _That he
-had yesterday considered the possibility of such an application, and
-had_ THEN MADE UP HIS MIND _that it could not be granted_. So from this
-it would appear, that the whole affair was settled before the parties
-came into court; and so far as the trial goes, it was simply a
-collateral incident of the proceedings, and not at all an operation for
-attaining the great end of justice.
-
-Now, we do not say a word as to the guilt or innocence of Mr. Branch. He
-may be guilty—he may be innocent; we are just as far, if not farther,
-from that point than we were a month ago; and this is the ground of our
-complaint.
-
-If such proceedings be allowed permanently to obtain in our courts of
-justice, then we say that “trial by jury becomes a mockery, a delusion,
-and a snare.”
-
- ------------------------------------
-
-
-
-
- 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.
-
-
- [CONCLUDED.]
-
-It must be apparent to every reflecting mind that the great extent of
-our city already, imposes a burden on the present firemen so great, that
-we have no right to expect that it will be borne a great while longer by
-a voluntary Fire Department.
-
-It is evident that something should be done at once to furnish the Fire
-Department, the relief that they have a right to expect from the
-excessive labor that is unavoidable in drawing their engines to and
-from, and the hazzard and fatigue of working them at the numerous fires
-that take place.
-
-In the opinion of your subscriber, the plan of placing light carts with
-hose at convenient distances in every street, to be at the service of a
-body of police, all interested to use this hose for the extinguishment
-of fires with the greatest possible energy and effect, is the best that
-can be adopted. By this arrangement it is safe to calculate that the
-present Fire Department will be relieved from something like three
-quarters of the duties they are now called upon to perform. As an
-equivalent for this relief, I propose that the Fire Department shall
-become the guard of honor for our city, to be called out as firemen or
-soldiers whenever their services are required by the proper authorities
-of our city. This arrangement proposes to continue the present Fire
-Department with every privilege they now enjoy, and relieve them from
-more than half the labors they are now required to perform.
-
-It is believed by your subscriber, that the plan proposed will make the
-Fire Department and also the present active Police Department, the most
-useful and honorable bodies of men in our city. The hearty co-operation
-of the members of the Fire Department, and also the members of the
-Police to secure for our city the blessings which must naturally result
-from this arrangement, will entitle them not only to the pecuniary
-advantages that must result to themselves and their families, but to the
-lasting gratitude and respect of every worthy inhabitant of our city.
-
-It is worthy of remark that the insurance companies of this city have
-now in their employ eighty (80) men, at an expense of thirty (30)
-thousand dollars a year, to watch against fires. I am informed that they
-intend greatly to increase this force; in addition, your subscriber,
-with a great number of merchants and private families, have for years
-constantly employed private watchmen, to guard our stores and watch our
-dwellings from robbery and fires. All that these cost, and more, would
-be gladly contributed to a body of police who would, by a faithful
-performance of duty, secure the necessary relief for our Fire
-department, by lessening annually the number of fires, and also by
-reducing the amount of property stolen below the average agreed upon.
-
-I have taken the liberty to invite the attention of your honorable body
-to an ARRANGEMENT AND PRINCIPLE by which a large majority of all the
-officers in the employ of the city will become pecuniarily and otherwise
-interested in a faithful performance of their duty. Such performance
-will not only secure to them the large fund provided by the Corporation,
-and in addition the fund to be recovered from the insurance companies,
-as a reward for reducing the loss by fire below the average agreed upon,
-but they would, in addition, find the faithful performance of duty the
-surest relief from excessive labor, by diminishing the number of fires
-and the amount of crime that now form so great and so unpleasant a part
-of their present labor.
-
-The principal idea in the foregoing communication, was presented by your
-subscriber to a previous Common Council, some twelve years since, under
-a full sense of the great advantages that would result by saving
-millions of property annually from destruction, and what is of more
-value, it would save the health and morals of thousands of the best and
-most enthusiastic young men of our city from being broken down and
-destroyed by their loss of time and the excessive labor occasioned by
-the numerous fires that take place, and which would mainly be prevented
-by adopting the arrangement proposed.
-
- All of which is most respectfully submitted.
-
- Yours, with great respect,
- PETER COOPER.
-
- ------------------------------------
-
-
-WE have no doubt that by this time it is pretty generally understood,
-that we have an engagement to fulfil, with the co-operation which, for
-the present, requires our almost constant attentions. We offer this as
-an excuse, partly for some very excellent extracts from the press, which
-our readers will accept, together with our best wishes. We also indulge
-in the hope that in our Geological researches among the islands of the
-sea, that we shall make some valuable discoveries which will be of use
-to the inhabitants of the earth, and to the dwellers in Gotham in
-particular.
-
- ------------------------------------
-
-
-A CAPITAL HOAX.—Some men plagiarise the thoughts of others, without
-being at all aware of the pungency of the fact as regards themselves.
-The _Herald_, in alluding to a few of the “minor press,” gotten up and
-“spiced” precisely as the _Herald_ itself originally was, when it first
-attracted public attention, remarked: “These fellows must be taught that
-they cannot use the liberty of the press so far as to make it the
-vehicle of their dirty thoughts and dirtier expressions, and that an
-honorable profession is not to be degraded because they hang upon its
-skirts, like foul birds hovering over their prey.” The beauty of it is,
-this extract is, word for word, the language employed by the _Courier
-and Enquirer_, in March, 1842, in relation to the _Herald_
-itself!—_Mercury._
-
- ------------------------------------
-
-
-
-
- FRANK LESLIE AGAIN ARRESTED.
-
- RICH SCENE AT THE TOMBS!
-
-
- [_From the Sunday Times._]
-
-Frank Leslie was again arrested yesterday morning, on complaint of
-Aldermen Reed and Tuomy. The officer told Mr. Leslie that his orders
-were imperative to take him at once before Justice Osborne at the Tombs,
-without allowing him to send for counsel or seek for bail. On arriving
-at the Tombs, they were met by Aldermen Tuomy and Reed, accompanied by
-Mr. John Graham, their counsel. Justice Osborne asked Mr. Leslie if he
-demanded an examination. Mr. Leslie stated that he had not been allowed
-time to send for his counsel, and did not know what course to pursue.
-Justice Osborne said he could have time to send for counsel and for
-bail.
-
-Mr. Graham then produced the complaints. That of Alderman Reed set forth
-that Mr. Leslie had published a picture representing him in the garb of
-a butcher, with a party of Irishmen driving a miserable and
-diseased-looking cow, without tail or horns, up to his stall. The leader
-of the party, Mr. Mike O’Flannagan, is represented as saying: “I read
-you tould the aldermen t’other day that swill-fed beef was worth half a
-cent a pound more than any other kind of meat. Here’s a beauty, yer
-honor; doesn’t he look fat and luscious? Arrah! don’t yer eyes wather to
-look at it?—Here’s the baste; we’ve brought it on purpose fer yez. Hand
-us over the dimes!”
-
-Alderman Reed is represented as saying:—“I don’t deal in that kind of
-beef. I stated that as an alderman, not as a butcher.”
-
-Ald. Tuomy makes two complaints against Mr. Leslie. In the first one
-Ald. Tuomy is represented as a ranting, roaring Irishman on board the
-Ericsson, with a bottle of whisky in one hand and a shillelah in the
-other, saying—“If I catch the “Tribune” reporter I’ll throw him
-overboard, G—d d—n him.” The second one embraces an alleged libellous
-article, and a caricature of Aldermen Tuomy and Reed, in which their
-nasal peculiarities are most outrageously magnified. Mr. Graham stated
-to the court that he desired to compel Leslie to give $2,500 bail in
-each case; in the two former instances, to keep the peace for twelve
-months, and abstain from publishing any more caricatures; and in the
-third case to answer criminally to the Sessions. Mr. Graham proceeded to
-say, that they intended to show these English scoundrels that they could
-not libel and caricature respectable citizens with impunity.
-
-Mr. Leslie said—“You had better keep cool, Mr. Graham.”
-
-Mr. Graham, who was evidently very much excited, jumped up and
-said—“Don’t speak to me, you scoundrel, or I shall not be answerable for
-the consequences. I ask your Honor to note that this is an attempt to
-intimidate respectable counsel. These fellows intend to caricature the
-whole court. I’ll neck the first man I see take out a pencil. [At this
-juncture our reporter took out his pencil and began to take notes.] The
-first acquaintance I ever had with him showed him (pointing to Leslie)
-to be a d—d scoundrel. If they will meet me on any flat in New York
-(pointing to Leslie and his friend Watson), I’ll take the heads off both
-of them. I’ll show them by the swelling of their chops there’s no Miss
-Nancyism about me” [shaking his fist in their faces].
-
-Mr. LESLIE—“We are gentlemen—we are no pugilists, Mr. Graham.”
-
-Mr. Graham.—“You are a G—d d—d English thief. I can lick the pair of
-you.”
-
-Judge Osborne.—“Mr. Graham, you must stop this, as I can’t allow it.”
-
-Mr. Graham.—“Within the past seventy-two hours he has sent a shaft to
-the heart of the only remaining parent I have on earth, and the other
-night I went down alone past his establishment, intending if I met him
-on the curb to whip him like a dog.”
-
-Mr. Leslie asked if the court intended to allow such procedings to
-continue. They were gentlemen, and not blackguards.
-
-Ald. Reed.—“If they are gentlemen, one has sailed under an alias for the
-past five years.”
-
-Mr. Leslie.—“That is not true.”
-
-Justice Osborne.—“Gentlemen, you must stop this.”
-
-Mr. Graham.—“The only question is, are two gentlemen to be constantly
-libelled by these English transports? They contaminate the air. If I
-stay in the room with them much longer, I shall suffocate. [Pointing to
-them.]. See what mean-looking English thieves they are!”
-
-At this juncture, a gentleman, who we believe is Mr. Leslie’s printer,
-got up and told Mr. Graham that he must not speak to him in that way.
-This style of conversation continued some time longer, but did not lead
-to any breach of the peace, although it was evident that Mr. Graham
-needed but a very small provocation to make him take off his coat and
-“go in.”
-
-Mr. Leslie gave the required bail to keep the peace, justifying himself,
-in $5,000, and two sureties of $2,500 each. Messrs. Sam S. Sherwood and
-Alexander Douglass became his bail.
-
-------------------------------------------------------------------------
-
-
-
-
- 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.
-
- ----------------------------------------------------------------
-
-
-FULLMER AND WOOD, CARRIAGE MANUFACTURERS, No. 239 West Nineteenth
-street, New York.
-
-Horse-shoeing done with dispatch, and in the most scientific manner, and
-on reasonable terms.
-
- ----------------------------------------------------------------
-
-
-BOOT & SHOE EMPORIUM.—EDWIN A. BROOKS, IMPORTER and Manufacturer of
-Boots, Shoes and Gaiters, Wholesale and Retail, No. 575 Broadway, and
-150 Fulton Street, New York.
-
- ----------------------------------------------------------------
-
-
-WILLIAM M. SOMERVILLE, WHOLESALE AND RETAIL Druggist and Apothecary, 205
-Bleecker street, corner of Minetta, opposite Cottage Place, New York.
-All the popular Patent Medicines, Fresh Swedish Leeches, Cupping, &c.
-Physicians’ Prescriptions accurately prepared.
-
- WM. M. SOMERVILLE.
-
- ----------------------------------------------------------------
-
-
-A. W. & T. HUME, MERCHANT TAILORS, No. 82 6th Avenue, New York. We keep
-a large and elegant assortment of every article that a gentleman
-requires. We make Coats, Vests and Pants, after the latest Parisian
-fashions, and on reasonable terms.
-
- A. W. & T. HUME.
-
- ----------------------------------------------------------------
-
-
-THE WASHINGTON, BY BARTLETT & GATES, No. 1 Broadway, New York. Come and
-see us, good friends, and eat, and drink, and be merry, in the same
-capacious and patriotic halls where the immortal Washington’s voice and
-laugh once reverberated.
-
- O come to our Hotel,
- And you’ll be treated well.
-
- BARTLETT & GATES.
-
- ----------------------------------------------------------------
-
-
-MCSPEDEN & BAKER, STATIONERY WAREHOUSE and Envelope Manufactory, Nos.
-29, 31, and 33 Beekman St., New York.
-
-ENVELOPES of all patterns, styles and quality on hand, and made to order
-for the trade and others, by Steam Machinery. Patented April 8th, 1856.
-
- ----------------------------------------------------------------
-
-
-FULTON IRON WORKS.—JAMES MURPHY & CO., Manufacturers of Marine and Land
-Engines, Boilers, &c. Iron and Brass Castings. Foot of Cherry Street,
-East River.
-
- ----------------------------------------------------------------
-
-
-BRADDICK & HOGAN, SAILMAKERS, No. 272 SOUTH Street, New York.
-
-Awnings, Tents and Bags made to order.
-
- JESSE A. BRADDICK,
- RICHARD HOGAN.
-
- ----------------------------------------------------------------
-
-
-EDWARD PHALON & SON, NOS. 497 AND 517 BROADWAY, New York—Depots for the
-sale of Perfumery, and every article connected with the Toilet.
-
-We now introduce the “BOUQUET D’OGARITA, or Wild Flower of Mexico,”
-which is superior to anything of the kind in the civilized world.
-
- EDWARD PHALON & SON.
-
- ----------------------------------------------------------------
-
-
- FALL ELECTION.
-
- ----------------------------------------------------------------
-
- STATE OF NEW YORK, }
- OFFICE OF THE SECRETARY OF STATE, }
- ALBANY, August 2, 1858. }
-
-_To the Sheriff of the County of New York_:
-
-SIR—NOTICE IS HEREBY GIVEN, THAT AT THE GENERAL, Election to be held in
-this State on the Tuesday succeeding the first Monday in November next,
-the following officers are to be elected, to wit:
-
-A GOVERNOR, in the place of John A. King;
-
-A LIEUTENANT GOVERNOR, in the place of Henry R. Selden;
-
-A CANAL COMMISSIONER, in the place of Samuel B. Ruggles, appointed in
-place of Samuel S. Whallon, deceased;
-
-AN INSPECTOR OF STATE PRISONS, in the place of William A. Russell;
-
-All whose terms of office will expire on the last day of December next.
-
-A REPRESENTATIVE in the Thirty-sixth Congress of the United States, for
-the Third Congressional District, composed of the First, Second, Third,
-Fifth and Eighth Wards in the city of New York.
-
-A REPRESENTATIVE in the Thirty-sixth Congress of the United States, for
-the Fourth Congressional District, composed of the Fourth, Sixth, Tenth
-and Fourteenth Wards in the city of New York;
-
-A REPRESENTATIVE in the Thirty-sixth Congress of the United States, for
-the Fifth Congressional District, composed of the Seventh and Thirteenth
-Wards of the city of New York, and the Thirteenth, Fourteenth, Fifteenth
-and Sixteenth Wards of Brooklyn;
-
-A REPRESENTATIVE in the Thirty-sixth Congress of the United States, for
-the Sixth Congressional District, composed of the Eleventh, Fifteenth
-and Seventeenth Wards in the City of New York;
-
-A REPRESENTATIVE in the Thirty-sixth Congress of the United States, for
-the Seventh Congressional District, composed of the Ninth, Sixteenth,
-and Twentieth Wards in the City of New York;
-
-And also, a REPRESENTATIVE in the Thirty-sixth Congress of the United
-States for the Eighth Congressional District, composed of the Twelfth,
-Eighteenth, Nineteenth, Twenty-first, and Twenty-second Wards in the
-City of New York.
-
-
- COUNTY OFFICERS ALSO TO BE ELECTED FOR SAID COUNTY.
-
-SEVENTEEN MEMBERS OF ASSEMBLY;
-
-A SHERIFF, in the place of James C. Willett;
-
-A COUNTY CLERK, in the place of Richard B. Connolly;
-
-FOUR CORONERS, in the place of Frederick W. Perry, Edward Connery,
-Robert Gamble and Samuel C. Hills;
-
-All whose terms of office will expire on the last day of December next.
-
-The attention of Inspectors of Election and County Canvassers is
-directed to Chapter 320 of Laws of 1858, a copy of which is printed, for
-instructions in regard to their duties under said law, “submitting the
-question of calling a Convention to revise the Constitution and amend
-the same to the people of the State.”
-
-
- CHAP. 320.
-
-AN ACT to submit the question of calling a Convention to revise the
- Constitution and amend the same, to the People of the State:
-
-Passed April 17, 1858—three-fifths being present.
-
-_The People of the State of New York, represented in Senate and
- Assembly, do enact as follows_:
-
-SECTION 1. The Inspectors of Election in each town, ward, and election
-district in this State, at the annual election to be held in November
-next, shall provide a proper box to receive the ballots of the citizens
-of this State entitled to vote for members of the Legislature at such
-election. On such ballot shall be written or printed, or partly written
-and printed, by those voters who are in favor of a Convention, the
-words: “Shall there be a Convention to Revise the Constitution and amend
-the same? Yes.” And by those voters who are opposed thereto, the words:
-“Shall there be a Convention to Revise the Constitution and amend the
-same? No.” And all citizens entitled to vote as aforesaid shall be
-allowed to vote by ballot as aforesaid, in the election district in
-which he resides, and not elsewhere.
-
-§2. So much of the articles one, two and three, of title four, of
-chapter one hundred and thirty, of an act entitled “An act respecting
-elections other than for militia and town officer,” passed April fifth,
-eighteen hundred and forty-two, and the acts amending the same, as
-regulates the manner of conducting elections and challenges, oaths to be
-administered, and inquiries to be made, of persons offering to vote,
-shall be deemed applicable to the votes to be given or offered under the
-act: and the manner of voting and challenges, and the penalties for
-false swearing, prescribed by law, are hereby declared in full force and
-effect in voting or offering to vote under this act.
-
-§3. The said votes given for and against a convention, in pursuance of
-this act, shall be canvassed by the Inspectors of the several election
-districts or polls of the said election in the manner prescribed by law,
-and as provided in article four, of title four, of chapter one hundred
-and thirty of the said act, passed April fifth, eighteen hundred and
-forty-two, and the acts amending the same, as far as the same are
-applicable; and such canvass shall be completed by ascertaining the
-whole number of votes given in each election district or poll for a
-convention, and the whole number of votes given against such convention,
-in the form aforesaid; and the result being found, the inspectors shall
-make a statement in words, at full length, of the number of ballots
-received in relation to such convention, and shall also state in words,
-at full length, the whole number of ballots having thereon the words,
-“Shall there be a Convention to revise the Constitution and amend the
-same? No.” Such statements as aforesaid shall contain a caption, stating
-the day on which, and the number of the district, the town or ward, and
-the county at which the election was held, and at the end thereof a
-certificate that such statement is correct in all respects, which
-certificate shall be subscribed by all the inspectors, and a true copy
-of such statement shall be immediately filed by them in the office of
-the clerk of the town or city.
-
-§4. The original statements, duly certified as aforesaid, shall be
-delivered by the inspectors, or one of them to be deputed for that
-purpose, to the supervisor, or, in case there be no supervisor, or he
-shall be disabled from attending the board of canvassers, then to one of
-the assessors of the town or ward, within twenty-four hours after the
-same shall have been subscribed by such inspectors, to be disposed of as
-other statements at such election, are now required by law.
-
-§5. So much of articles first, second, third, and fourth, of title
-fifth, of chapter one hundred and thirty, of the act entitled, “An act
-respecting elections other than for militia and town officers,” and the
-acts amending the same, as regulates the duties of County Canvassers and
-their proceedings, and the duty of County Clerks, and the Secretary of
-State, and the Board of State Canvassers, shall be applied to the
-canvassing and ascertaining the will of the people of this State in
-relation to the proposed convention; and if it shall appear that a
-majority of the votes or ballots given in and returned as aforesaid are
-against a convention, then the said canvassers are required to certify
-and declare that fact by a certificate, subscribed by them; and filed
-with the Secretary of State: but if it shall appear by the said canvass
-that a majority of the ballots or votes given as aforesaid are for a
-convention, then they shall by like certificates, to be filed as
-aforesaid, declare that fact; and the said Secretary shall communicate a
-copy of such certificate to both branches of the Legislature, at the
-opening of the next session thereof.
-
- Yours, respectfully,
- GIDEON J. TUCKER, Secretary of State.
-
- SHERIFF’S OFFICE, }
- NEW YORK, August 4, 1858. }
-
-The above is published pursuant to the notice of the Secretary of State,
-and the requirements of the Statute in such case made and provided.
-
- JAMES C. WILLET,
- Sheriff of the City and County of New York.
-
-☞ All the public newspapers in the county will publish the above once in
-each week until the election, and then hand in their bills for
-advertising the same, so that they may be laid before the Board of
-Supervisors, and passed for payment. See Revised Stat, vol. 1, chap. 6,
-title 3, article 2d, part 1st, page 140.
-
- ----------------------------------------------------------------
-
-
-FRANCIS B. BALDWIN, WHOLESALE AND RETAIL CLOTHING & FURNISHING
-WAREHOUSE, No. 70 and 72 Bowery, between Canal and Hester streets, New
-York. Large and elegant assortments of Youths’ and Boys’ Clothing.
-
- F. B. BALDWIN,
- J. G. BARNUM.
-
-F. B. BALDWIN has just opened his New and Immense Establishment. THE
-LARGEST IN THE CITY! An entire New Stock of GENTLEMEN’S, YOUTH’S and
-CHILDREN’S CLOTHING, recently manufactured by the best workmen in the
-city, is now opened for inspection. Also, a superior stock of FURNISHING
-GOODS. All articles are of the Best Quality, and having been purchased
-during the crisis, WILL BE SOLD VERY LOW! The Custom Department contains
-the greatest variety of CLOTHS, CASSIMERES, and VESTINGS.
-
-Mr. BALDWIN has associated with him Mr. J. G. BARNUM, who has had great
-experience in the business, having been thirty years connected with the
-leading Clothing Establishments of the city.
-
- ----------------------------------------------------------------
-
-
-JAMES DONNELLY’S COAL YARD—TWENTY-SIXTH street and Second Avenue. I
-always have all kinds of coal on hand, and of the very best quality,
-which I will sell as low as any other coal dealer in the United States.
-
- JAMES DONNELLY.
-
- ----------------------------------------------------------------
-
-
-WILLIAM COULTER, CARPENTER.—I HAVE LONG been engaged as a Carpenter, and
-I assure all who will favor me with their patronage, that I will build
-as good houses, or anything else in my line, as any other carpenter in
-the city of New York. I will also be as reasonable in charges for my
-work as any other person.
-
- WILLIAM COULTER, Carpenter,
- Rear of 216 East Twentieth street, New York.
-
- ----------------------------------------------------------------
-
-
-W. W. OSBORN, MERCHANT TAILOR, 9 CHAMBER street, near Chatham street,
-New York.
-
- ----------------------------------------------------------------
-
-
-SOLOMON BANTA, ARCHITECT, NO. 93 AMOS STREET, New York. I have built as
-many houses and stores as any Architect in this city, or the United
-States, and I can produce vouchers to that effect; and I flatter myself
-that I can build edifices that will compare favorably, in point of
-beauty and durability, with those of any Architect in this country. I am
-prepared to receive orders in my line of business at No. 93 Amos street,
-New York.
-
- SOLOMON BANTA.
-
- ----------------------------------------------------------------
-
-
-ROBERT ONDERDONK.—THIRTEENTH WARD Hotel, 405 and 407 Grand street,
-corner of Clinton street, New York.
-
- ----------------------------------------------------------------
-
-
-WILLIAM M. TWEED, CHAIR & OFFICE FURNITURE Dealer and Manufacturer, No.
-289 Broadway, corner of Read street, New York, Room No. 15.
-
- ----------------------------------------------------------------
-
-
-FASHION HOUSE—JOSEPH HYDE PROPRIETOR, corner Grand and Essex street.
-Wines, Liquors, and Cigars of the best brands. He invites his friends to
-give him a call. Prompt and courteous attention given his patrons.
-
- ----------------------------------------------------------------
-
-
-WILLIAM A. CONKLIN, ATTORNEY AND COUNSELLOR at Law, No. 176 Chatham
-street, New York. Any business entrusted to his charge from citizens of
-this city or any part of the country, will receive prompt and faithful
-attention, and be conducted on reasonable terms.
-
- WILLIAM A. CONKLIN.
-
- ----------------------------------------------------------------
-
-
-GEO. KNAPP & CO., WHOLESALE AND RETAIL Dealers in Butter, Cheese, Eggs,
-Poultry and country produce, No. -- Clinton Market, opposite Page’s
-Hotel, New York.
-
- GEO. KNAPP.
- H. D. ALBERS.
-
- ----------------------------------------------------------------
-
-
-H. JONES & HOFF, whose place of business is in front of the Astor House,
-keep all the latest publications of the day, including all the Daily and
-Weekly Newspapers. The public patronage is most respectfully solicited.
-
- ----------------------------------------------------------------
-
-
-EDMUND FOWLER, CARPENTER AND BUILDER, No. 74 Reade street, near
-Broadway, New York.
-
-N. B.—All kinds of Jobbing done at short notice.
-
- ----------------------------------------------------------------
-
-
-BOWERY NEWS DEPOT, NO. 177 BOWERY.—CONSTANTLY on hand, Daily, Sunday,
-and Weekly Papers, Monthly Magazines, Play Books, Stationary, &c., &c.
-English Papers per Steamers. All orders punctually attended to.
-
- BENNET & CARROLL.
-
- ----------------------------------------------------------------
-
-
-AMERICAN GLASS COMPANY, MANUFACTURE AND keep constantly on hand at their
-Warehouse, Plain, Moulded and Cut Flint Glass Ware, in all its
-varieties. Also Druggists’ and Perfumers’ Ware of all Kinds. Wholesale
-Warehouses, No. 168 Pearl street, New York, and No. 54 Kilby street,
-Boston. (Factories at South Boston.) D. Burrill & Co., Agents, New York.
-
- ----------------------------------------------------------------
-
-
-JNO. WARD, JR., REAL ESTATE AGENT, OFFICES No. 5 Tryon Row, corner
-Chatham street, (opposite the Park,) New York, and 4th Avenue, near
-126th street, Harlem.
-
- ----------------------------------------------------------------
-
-
-P. C. GODFREY. STATIONER, BOOKSELLER, AND General News dealer, No. 831
-Broadway, New York, near 13th street.
-
- ----------------------------------------------------------------
-
-
-AUGUST BRENTANO, CORNER OF HOUSTON STREET and Broadway, has all the
-latest Publications, and receives all the Foreign Papers by every
-steamer. He also has the back numbers of almost every paper published,
-including Branch’s “Alligator.”
-
- ----------------------------------------------------------------
-
-
-CLINTON LUNCH, OYSTER AND DINING SALOON, No. 19 Beekman street. The best
-of Liquors and Cigars.
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- GEO. W. WARNER.
- SAMUEL M. MILLER.
-
- ----------------------------------------------------------------
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-
-DAVID WILLIAMS, ATTORNEY AND COUNSELLOR at Law, No. 15 Centre street,
-New York.
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- ----------------------------------------------------------------
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-J. W. MASON, MANUFACTURER, WHOLESALE AND Retail dealers in all kinds of
-Chairs, Wash Stands, Settees, &c., No. 377 and 379 Pearl street, New
-York.
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-Cane and Wood Seat Chairs, in Boxes, for Shipping.
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-BENJAMIN JONES, COMMISSION DEALER, IN REAL Estate, Houses and Stores and
-Lots for sale in all parts of the City. Office at the junction of
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-<pre>
-
-The Project Gutenberg EBook of Stephen H. Branch's Alligator Vol. 1 no.
-18, August 21, 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. 18, August 21, 1858
-
-Author: Stephen H. Branch
-
-Release Date: June 29, 2017 [EBook #55004]
-
-Language: English
-
-Character set encoding: UTF-8
-
-*** START OF THIS PROJECT GUTENBERG EBOOK BRANCH'S ALLIGATOR ***
-
-
-
-
-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)
-
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-
-
-
-</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, typos and missing punctuation fixed. Archaic, inconsistent
- and unusual spelling representing spoken dialect retained.
- </li>
- <li>A pointing hand in text within 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'>OPINIONS OF THE PRESS.</td>
- <td class='c002'><a href='#opinions'>1</a></td>
- </tr>
- <tr>
- <td class='c001'>AN IMMORTAL PETITION.</td>
- <td class='c002'><a href='#petition'>3</a></td>
- </tr>
- <tr>
- <td class='c001'>FRANK LESLIE AGAIN ARRESTED.</td>
- <td class='c002'><a href='#leslie'>3</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. 18.<span class='padded'>SATURDAY, AUGUST 21, 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='opinions' class='c005'>OPINIONS OF THE PRESS.</h2>
-</div>
-
-<p class='c006'>We conclude, the public feel slightly interested
-in our libel case; therefore we shall take
-the liberty to lay before our readers a few extracts
-from the weekly press of our city, as we
-did in our last the opinions of the dailies.</p>
-
-<h3 class='c007'>[<i>From the N. Y. Weekly Despatch.</i>]</h3>
-
-<p class='c008'>During the last three months Branch’s <cite>Alligator</cite>
-has been the talk of the town. Through
-the columns of his little sheet, Branch has made
-charges of the most serious nature against prominent
-citizens and office holders. At first no
-notice was taken of these attacks, finally, however,
-these charges were so generally talked of
-that it became necessary for the parties assailed
-to notice them. Mayor Tiemann, Simeon Draper
-and Supervisor Bell united in a complaint before
-the Grand Jury, who found an indictment;
-whereupon all the rest of the individuals who
-had been honored with the attentions of the <cite>Alligator</cite>
-set to work to aid in bringing Branch to
-justice. His case was set down for trial in the
-sessions on Monday last. When the case was
-called, Branch announced himself ready for
-trial; the District Attorney, however, said he
-would not be ready till Tuesday. An attempt
-had been made on Saturday to prejudice the
-case by one of his bondsmen, being indused
-to surrender Branch, and on Tuesday, in
-the middle of the trial, Mr. Southworth,
-the other bondsman, went into Court and surrendered
-him. In both cases other parties
-came forward and took the places of these
-pretended friends. By applying the sharpest
-rules of legal practice, his testimony was ruled
-out and Branch was convicted, and without
-giving him time to breathe, he was sentenced
-to pay a fine of $250 and to be imprisoned in
-the Penitentiary for one year. The Recorder
-in his remarks volunteered the gentle hint to
-the rest of the newspapers, that there were a
-number of other editors whom he meant to
-put through a similar course of sprouts. While
-we do not care to quarrel with the verdict
-of the jury, and certainly do not wish to
-be understood as advocating the license of the
-Press to assail unjustly the character of any
-individual in the community, we must say to
-the Recorder and the parties to the trial, that
-we hardly think they will find any other case
-in which they will be permitted to put an editor
-through with quite such railroad speed,
-though we admit that if justice were as
-promptly administered in all cases, the Court
-of Sessions would stand much higher in public
-estimation. Of the real merits of Branch’s
-case we have no means of judging. That he
-believed the truth of the charges he made we
-have not the slightest doubt. If there was
-any falsehood in the matter, he was the dupe
-of it and not the perpetrator, and we sincerely
-regret that the prosecutors saw fit to avail
-themselves of legal technicalities to shut out
-what his witnesses had to say. It is quite as
-unfortunate for them as it is for Branch.
-While their suppression consigns him to prison
-it leaves the prosecution open to invidious
-comments, all of which might have been silenced
-by dragging the slanderers (if such they
-are) into the light of day and refuting these
-calumnies. That, however, is their business,
-not ours. In the meantime poor Branch has
-been consigned to the tender mercies of the
-Ten Governors—one of whom, at least, has
-publicly announced his determination to “put
-him through the <em>roughest course of training</em>
-any man ever got on the Island.” We were
-surprised to hear that the Governor in question
-had made this <em>heartless</em> speech. We supposed
-him to be a <em>Christian</em> and a <em>man</em>, but
-we cannot reconcile the idea of striking a
-fallen and powerless brother as either an evidence
-of <em>Christianity or manhood</em>, and we
-trust the Governor will yet see the impropriety
-of attempting to put his threat into execution.
-We see by this morning’s <cite>Express</cite>, that
-Branch was on Friday seen in the quarry with
-his hands all a mass of blisters, working away
-under a broiling sun. This looks as though
-the Governors intend to give him the full benefit
-of his sentence.</p>
-
-<p class='c009'>The <cite>Herald</cite> takes the occasion of Branch’s
-conviction to read us a lecture on the enormity
-of scurrility and libel. No other print in
-the country is so well qualified for the task.
-Bennett evidently thinks New Yorkers have
-short memories, not to recollect the obscene
-and licentious character of the <cite>Herald</cite> in its
-earlier days. He has used Branch as often as
-any other paper in New York to abuse people
-towards whom he had incurred a hostility,
-but now he is down, Bennett kicks him with
-the rest. We perceive that George Wilkes
-has commenced a libel suit against Bennett for
-what he said of <cite>Porter’s Spirit</cite>.</p>
-
-<p class='c009'>[We have taken the liberty of <i>italicizing</i> a
-portion of the above article—<i>Ed. Alligator.</i>]</p>
-
-<h3 class='c007'>[<i>From the Sunday Times.</i>]</h3>
-
-<p class='c008'><span class='sc'>Libel Case Characteristics.</span>—The conviction
-of Stephen H. Branch, before Recorder
-Barnard, on Wednesday, of a libel on Mayor
-Tiemann and two other public officers, naturally
-created a sensation. So did the remarks
-of the bench. Sentencing Mr. Branch to a
-year’s imprisonment in the penitentiary and a
-fine of two hundred and fifty dollars, while such
-a man as Peter Dawson is subjected to incarceration
-for only sixty days, is not likely, however,
-to exert a wholesome effect upon the
-public mind. We have no doubt the recorder
-meant, by his severity, to make an example of
-Branch, in order to deter other indiscreet men
-who are more led by their impulses than their
-judgment from indulging in similarly reprehensible
-publications: but we conceive that justice
-administered with such rigidity, under the
-peculiar circumstances of the case, might seem
-to wear the aspect of persecution; and converting
-Branch into a martyr, neither elevates the
-character of the court, nor wins the moral
-sympathy of public opinion. The general mind
-has really appropriated the idea that because
-Branch attacked so important a person as Mayor
-Tiemann, the whole power of the corporation
-has been consolidated into one grand vindictive
-effort to crush out the courageous but
-silly slanderer. Every one naturally murmurs,
-therefore, if this be so, who may not be the
-next sacrifice? Common rumor does not hesitate
-to insinuate that the character of the proceedings
-taken against Branch, and the peremptory
-treatment bestowed upon the counsel
-for the prisoner, were the result of a preconcerted
-arrangement of the authorities. This
-assumption believed, who feels secure of justice
-should he be unfortunate enough to incur the
-enmity of a coalition so potential?</p>
-
-<p class='c009'>Mr. Branch’s libels were coarse, scandalous,
-and boldly reiterated. It was difficult to believe
-them wholly foundationless, because an
-investigation was demanded with such persistent
-audacity. Branch openly avowed his readiness
-to establish all his statements, however
-defamatory; and although they criminated citizens
-whose good name we had always been
-taught to esteem, they started our incredulity,
-and set every thinking mind astir with painful
-distrust. We were glad, therefore, to find a
-legitimate course adopted, and an appeal to the
-laws made to decide the truth or falsity of the
-accusations.</p>
-
-<p class='c009'>Mr. Branch, as a libeller of the most extravagant
-kind, merited condign punishment; but,
-after all, it is very clear that Mr. Branch’s
-strange, wild, energetic, incoherent nature, has
-been made use of by somebody else to accomplish
-his own purposes. Branch has been the
-catspaw of some deeper and more sanely plotting
-intellect behind the curtain; and we regret
-that the Recorder considered it necessary
-to rule out the testimony which might have
-introduced us to the principals in this offensive
-operation, instead of their harum-scarum instrument.
-It would have been, as far as the
-<span class='pageno' id='Page_2'>2</span>libelled ones are concerned, much better to
-have probed the whole affair to the bottom,
-even if the exact rule of evidence had been
-made to yield temporarily to the exigency. It
-would have been better for them to let the public
-perceive precisely on what ground all this
-edifice of mendacity had been constructed. It
-would have exhibited the confidence which
-belongs to conscious innocence. It would not
-only have exposed the real wire-workers of this
-game of wholesale calumniation, but, in demonstrating
-the integrity of the parties assailed,
-it would have left no unexplained mystery, no
-dubious point of fact, around which malice
-might still gather the shadowy wind-breath of
-current scandal. If, however, they are satisfied,
-we ought to be. We are not convinced
-that Randall’s Island is a paradise of official
-morality, and the great public would not credit
-us were we to hazard an assertion to that effect;
-but we <em>are</em> satisfied that the particular charges
-made by Mr. Branch are untrue, though imposed
-upon him as truths, and we hope that, having
-had their probity completely substantiated
-in the premises, the gentlemen so recklessly
-accused by Mr. Branch are not disposed to be
-vindictive.</p>
-
-<p class='c009'>In conclusion, we must be permitted to say
-that we do not admire the tone of the Recorder’s
-remarks on passing sentence. It is the
-first time we have had occasion to allude to
-this gentleman except in terms of merited
-commendation. We entertain a high opinion
-of his general impartiality. His promptitude,
-his disdain for pettifogger’s quibbling, his nice
-sense of justice, and his freedom from those
-tainted associations which rob the bench in
-some quarters of dignity and public confidence,
-have all contributed to place him in the
-front rank of our criminal magistracy. We do
-not impugn his integrity, therefore, but the
-quality of his judgment both in imposing so
-severe a sentence upon this weak and foolish
-victim of designing knaves, and in speaking of
-“other libellers,” to all of whom he contemplates
-meting out a “similar punishment.”
-We know very well that he intended to threaten
-no respectable press, or to hint at fetters <i>in
-terrorem</i> upon its proper independence—but
-his language may be easily misinterpreted;
-and when we consider how liable the most
-prudent journalist is to daily imposition, the
-observation that “this verdict settles the fact
-that no man can make an assertion in a newspaper
-without being liable to be punished
-criminally, unless he can substantiate it,”
-seems to us one of gratuitous harshness, and
-in any body else would be called one of petulence
-and ill-humor. Branch’s excitement,
-however, had doubtless disturbed the usual
-current of quiet feeling which characterizes
-the conduct of the Recorder, and we see the
-effect. The best of us are open to these influences,
-and we are not inclined to forget how
-much the community owes to the general honesty
-and equity of Recorder Barnard, in our
-exceptions to what is, perhaps, but a hasty expression
-or so in the present instance.</p>
-
-<p class='c009'>Considering that there are at least 10 or 12
-suits for libel pending against the <cite>Herald</cite>, for
-gross and malicious libels upon sundry respectable
-citizens, it is really refreshing to peruse
-its comments upon the warning given by Recorder
-Barnard in the Branch case, to libellers
-generally. What the <cite>Alligator</cite> <span class='fss'>IS</span>, the <cite>Herald</cite>
-<span class='fss'>WAS</span>; and if the latter has improved in decency
-in proportion as it has increased in responsibility,
-necessity, not choice, lies at the bottom
-of the metamorphosis. We are afraid that
-the Recorder’s hint was purposed, in fact, for
-the special edification of the <cite>Herald</cite>. And,
-notwithstanding that journal’s sudden disposition
-to saponize <em>both</em> the gentlemen on the
-bench of the General Sessions, instead of its
-customary one, the Recorder may chance to
-give its responsible conductor a lesson of impartiality
-he little expects by coercing him,
-despite his self-importance, to keep company
-with Mr. Branch, as a reward for some of
-his virulent assaults on private character.</p>
-
-<h3 class='c007'>[<i>From the N. Y. Sunday Mercury.</i>]</h3>
-
-<p class='c008'><span class='sc'>Branch’s Sentence.</span>—Quite unexpectedly
-the trial of Stephen H. Branch, for libel against
-Mayor Tiemann, Simeon Draper and Isaac Bell,
-was brought up and dispatched, during the past
-week, with a velocity which would make the
-most wholesome impression, were the rest of the
-District Attorney’s calendar put through with
-equal promptness and exemplary effect. Branch
-was found guilty, and sentenced to one year’s
-imprisonment on Blackwell’s Island, and two
-hundred and fifty dollars fine. The <cite>Tribune</cite>, in
-alluding to this sentence of Branch by Recorder
-Barnard, says:</p>
-
-<p class='c009'>“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>
-
-<p class='c009'>By the press generally, the matter is regarded
-pretty much in the same temper, excepting
-the anomalous instance of the <cite>Herald</cite>! That
-immaculate sheet takes occasion to give utterance
-to any extent of wrath and indignation
-against Branch and his <cite>Alligator</cite>, and characteristically
-against such of its cotemporaries,
-present and past, as it would desire to
-denounce and stigmatise, with an odor which
-has by no means been washed from its own
-bedraggled garments. Indeed, as the direct
-object of the <cite>Herald</cite> would appear to be
-a malicious fling at the <cite>Spirit of the Times</cite> in
-view of another case on the Recorder’s docket—that
-of Judge Russell’s indictment—so the
-<cite>Herald</cite> lays itself liable to another indictment,
-which has been duly entered against
-Bennett for no less than twenty-five thousand
-dollars.</p>
-
-<p class='c009'>The <cite>Herald’s</cite> fulminations, and the political
-pressure brought to bear upon Branch by his
-prosecutors must inevitably have the effect of
-exciting a warm public sympathy for their object.
-Such, indeed, is the manner in which
-the infliction of the full penalty of the statute
-is regarded in this case, that the prosecutors
-themselves will be forced to step in as petitioners
-for a pardon, or incur no little odium in the
-business. Besides, what is very sensibly remarked
-by the <cite>Tribune</cite>, as to the foundation
-of Branch’s charges, it might be added that
-the public have no means of judging whether
-those charges are well founded or not. By a
-course of proceedings altogether extraordinary
-on the part of the prosecution, the apparent
-real evidence in the case was completely excluded,
-and Branch convicted solely upon the
-oaths of his prosecutors, without an actual investigation
-of the presumed issue on which the
-libel originated. The public are largely exercised
-on the matter, and inquiry is particularly
-active as to who the “Matron” really is?
-Why she was not put upon the stand, and
-what she could have to say for herself? How
-would her previous character have justified
-her taking the stand as a witness, or of holding
-the position she has occupied under the
-chief magistrate? These points are matters
-of curious comment among the people, necessarily
-provoked by the seemingly harsh and
-rough-shod procedure in the case. It is to be
-regretted the matter was not fully cleared up
-by the production of the entire evidence.</p>
-
-<p class='c009'><span class='sc'>How Branch confronts his Fate.</span>—The
-renowned tamer of alligators—I may as well
-add, <i>en passant</i>—was duly surrendered to
-Warden Finch on Thursday, having been escorted
-hither to his prison by a little host of
-friends, whose temper indicated no disposition
-to desert him. Sympathy is strongly in his
-favor, on the ground, of course, that, whatever
-may be thought of his offence, his treatment
-at the hands of the officials and lawyers,
-has been such as only a weak and comparatively
-friendless man like him would meet.
-You will soon see his prosecutors forced to sue
-for his deliverance, just as eagerly as they
-have pressed for his imprisonment.</p>
-
-<p class='c009'>Besides the sensation created here, it has
-been noticeable that a general scattering—“on
-leave”—of certain subordinates, has taken
-place during the late “inquest.” It is doubtful
-if Stephen will, even here, have a chance
-to confront the mysterious “matron.” The
-fright of the trial being apparently over, the
-fugitives from the Alms-House will doubtless
-return forthwith. Under the discipline of
-these precincts they will find their best protection,
-as well from the impertinence of cross-examining
-lawyers, as from the no less stringent
-inquiries of a keen public curiosity, mainly
-aroused by the suppression of the inside
-testimony which could be found here. The
-nature and source of this I have already pointed
-out. Should the motion in arrest of judgment
-reopen the trial, it will doubtless be for
-the admission of the main evidence in the
-case, so mysteriously and adroitly evaded by
-the prosecution. Then only can the provoking
-rumors, now so general, be set at rest, or satisfactorily
-determined.</p>
-
-<p class='c009'>The fate of Branch here, it appears, will be
-in no degree lenient, as there is more than one
-petty tyrant under the vice royalty who seems
-desirous of venting his spleen upon the unfortunate
-man. He has taken his place, it appears,
-already, by direction of the keepers, beside
-the common fellows in the quarries. The directions
-of one of the Governors is quoted to
-the effect that he would be “put through the
-roughest course of training any man ever got
-on the Island.” I have purposely withheld a
-variety of matters in connection with these
-precincts this week, until the interests with
-Stephen, with regard to the Ten Governors, is
-more definitively settled.</p>
-
-<div class='double'>
-
-</div>
-<div class='fancy'>
-
-<div class='nf-center-c0'>
- <div class='nf-center'>
- <div>Stephen H. Branch’s Alligator.</div>
- </div>
-</div>
-
-</div>
-<hr class='c010' />
-
-<div class='nf-center-c0'>
- <div class='nf-center'>
- <div>New York, Saturday, August 21, 1858.</div>
- </div>
-</div>
-
-<div class='double'>
-
-</div>
-
-<p class='c006'>If there be one thing more than another on
-which we had fully made up our minds it is
-this: that our country is pre-eminently free—yea,
-the freest in the whole family of nations.
-But the history of the past week has taught us
-how very easily it is to be mistaken.</p>
-
-<p class='c009'>The trial of Stephen H. Branch in our Court
-of Sessions, a few days ago, teaches us a lesson
-which we ought not soon to forget. From the
-time that our great nabob, Mayor Tiemann, associated
-with the Peter Cooper <em>guild</em>, first made
-their complaint, or “Trinity” of complaints,
-down to the passing of the sentence in the
-Court of Sessions, the trial was one of the most
-vindictive and one-sided affair, on the part of
-the prosecution, that we recollect during our
-sojourn on this “miserable globe.”</p>
-
-<p class='c009'>In the first place, it was proved on the trial
-that one of the complainants, or more properly
-<em>persecutors</em>, had never been before the Grand
-Jury. In the second place, it would appear
-that indictments by the dozen must have been
-preferred against the accused; for if we recollect
-<span class='pageno' id='Page_3'>3</span>aright, he was arrested every day for nearly
-a fortnight, previous to his trial. And again we
-have been told—how far it is true we care not
-to inquire—that one man who professed great
-friendship for him, and became his bail on the
-last arrest, two days before his trial, on the following
-day withdrew his bail, and delivered
-the unfortunate man up to his adversaries; and
-in consequence of this latter act realised a contract
-from the city authorities. “Save us from
-our friends.”</p>
-
-<p class='c009'>If all this be true, it is one of the most arrant
-pieces of villany ever recorded of Christian
-men.</p>
-
-<p class='c009'>When we come into court we, unfortunately,
-if possible, find things worse. The ruling of
-the Judge was altogether too strict—too severe—in
-fact too arbitrary. The Judge, it appears
-to us, made it a point of his business to shield,
-as much as possible, the complainants on the
-one hand, by interfering in behalf of the Mayor,
-when he was being cross-questioned by
-defendant’s Counsel; whilst on the other hand
-he ruled out the principal evidence in support
-of the defendant, and of course deprived the
-accused of the slightest shadow of a chance to
-establish his innocence.</p>
-
-<p class='c009'>Then comes the Recorder’s charge to the
-Jury. And that we think is in keeping; or,
-perhaps, we ought to say an improvement on
-the spirit of the whole proceedings. Let any
-one sit down and read that charge calmly and
-dispassionately, and we venture to assert that
-for severity the reader cannot find a case to surpass
-it, nor perhaps even to equal it in the history
-of modern English jurisprudence.</p>
-
-<p class='c009'>Then, if we consider the hurried manner in
-which the prosecution got up this trial, and
-their mode of conducting it, as described above,
-we must consider the proceedings unwarranted
-by the premises; and forms a great contrast
-to the tardy manner in which our Courts mete
-out their infinitismal doses of punishment to
-Thieves, Burglars, Murderers and Desperadoes.</p>
-
-<p class='c009'>There is still another charge, which in our
-opinion is the gravest of all. After the rendition
-of the verdict the counsel for the defence
-moved a stay of proceedings; now mark
-the reply of his honor. <em>That he had yesterday
-considered the possibility of such an application,
-and had</em> <span class='fss'>THEN MADE UP HIS MIND</span>
-<em>that it could not be granted</em>. So from this it
-would appear, that the whole affair was settled
-before the parties came into court; and so
-far as the trial goes, it was simply a collateral
-incident of the proceedings, and not at all an
-operation for attaining the great end of justice.</p>
-
-<p class='c009'>Now, we do not say a word as to the guilt
-or innocence of Mr. Branch. He may be
-guilty—he may be innocent; we are just as
-far, if not farther, from that point than we were
-a month ago; and this is the ground of our
-complaint.</p>
-
-<p class='c009'>If such proceedings be allowed permanently
-to obtain in our courts of justice, then we say
-that “trial by jury becomes a mockery, a delusion,
-and a snare.”</p>
-
-<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>
-
-<h3 class='c007'>[Document No. 13.]</h3>
-
-<div class='c011'><span class='sc'>Board of Aldermen</span>, }</div>
-<div class='c012'>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='c013'><span class='sc'>D. T. Valentine</span>,</div>
-<div class='c012'>Clerk.</div>
-
-<p class='c009'>To the Hon. the Mayor and Common Council
-of the city of New York.</p>
-
-<h3 class='c007'>[<span class='sc'>Concluded.</span>]</h3>
-
-<p class='c008'>It must be apparent to every reflecting mind
-that the great extent of our city already, imposes
-a burden on the present firemen so great,
-that we have no right to expect that it will be
-borne a great while longer by a voluntary Fire
-Department.</p>
-
-<p class='c009'>It is evident that something should be done at
-once to furnish the Fire Department, the relief
-that they have a right to expect from the excessive
-labor that is unavoidable in drawing
-their engines to and from, and the hazzard and
-fatigue of working them at the numerous fires
-that take place.</p>
-
-<p class='c009'>In the opinion of your subscriber, the plan of
-placing light carts with hose at convenient
-distances in every street, to be at the service
-of a body of police, all interested to use this
-hose for the extinguishment of fires with the
-greatest possible energy and effect, is the best
-that can be adopted. By this arrangement it
-is safe to calculate that the present Fire Department
-will be relieved from something like
-three quarters of the duties they are now called
-upon to perform. As an equivalent for this
-relief, I propose that the Fire Department shall
-become the guard of honor for our city, to be
-called out as firemen or soldiers whenever
-their services are required by the proper authorities
-of our city. This arrangement proposes
-to continue the present Fire Department
-with every privilege they now enjoy, and relieve
-them from more than half the labors
-they are now required to perform.</p>
-
-<p class='c009'>It is believed by your subscriber, that the
-plan proposed will make the Fire Department
-and also the present active Police Department,
-the most useful and honorable bodies of men
-in our city. The hearty co-operation of the
-members of the Fire Department, and also the
-members of the Police to secure for our city
-the blessings which must naturally result from
-this arrangement, will entitle them not only to
-the pecuniary advantages that must result to
-themselves and their families, but to the lasting
-gratitude and respect of every worthy inhabitant
-of our city.</p>
-
-<p class='c009'>It is worthy of remark that the insurance
-companies of this city have now in their employ
-eighty (80) men, at an expense of thirty (30)
-thousand dollars a year, to watch against fires.
-I am informed that they intend greatly to increase
-this force; in addition, your subscriber,
-with a great number of merchants and private
-families, have for years constantly employed
-private watchmen, to guard our stores and
-watch our dwellings from robbery and fires.
-All that these cost, and more, would be gladly
-contributed to a body of police who would, by
-a faithful performance of duty, secure the
-necessary relief for our Fire department, by
-lessening annually the number of fires, and
-also by reducing the amount of property stolen
-below the average agreed upon.</p>
-
-<p class='c009'>I have taken the liberty to invite the attention
-of your honorable body to an <span class='fss'>ARRANGEMENT
-AND PRINCIPLE</span> by which a large majority
-of all the officers in the employ of the city
-will become pecuniarily and otherwise interested
-in a faithful performance of their
-duty. Such performance will not only secure
-to them the large fund provided by the Corporation,
-and in addition the fund to be recovered
-from the insurance companies, as a reward
-for reducing the loss by fire below the average
-agreed upon, but they would, in addition, find
-the faithful performance of duty the surest
-relief from excessive labor, by diminishing the
-number of fires and the amount of crime that
-now form so great and so unpleasant a part of
-their present labor.</p>
-
-<p class='c009'>The principal idea in the foregoing communication,
-was presented by your subscriber to
-a previous Common Council, some twelve
-years since, under a full sense of the great advantages
-that would result by saving millions
-of property annually from destruction, and
-what is of more value, it would save the health
-and morals of thousands of the best and most
-enthusiastic young men of our city from being
-broken down and destroyed by their loss of
-time and the excessive labor occasioned by the
-numerous fires that take place, and which
-would mainly be prevented by adopting the
-arrangement proposed.</p>
-
-<div class='c014'>All of which is most respectfully submitted.</div>
-
-<div class='nf-center-c0'>
- <div class='nf-center'>
- <div>Yours, with great respect,</div>
- </div>
-</div>
-
-<div class='c012'>PETER COOPER.</div>
-
-<div class='figcenter id002'>
-<img src='images/curlyline.jpg' alt='' class='ig001' />
-</div>
-
-<p class='c006'><span class='sc'>We</span> have no doubt that by this time it is
-pretty generally understood, that we have an
-engagement to fulfil, with the co-operation
-which, for the present, requires our almost constant
-attentions. We offer this as an excuse,
-partly for some very excellent extracts from the
-press, which our readers will accept, together
-with our best wishes. We also indulge
-in the hope that in our Geological researches
-among the islands of the sea, that we shall
-make some valuable discoveries which will be
-of use to the inhabitants of the earth, and to
-the dwellers in Gotham in particular.</p>
-
-<div class='figcenter id002'>
-<img src='images/curlyline.jpg' alt='' class='ig001' />
-</div>
-
-<p class='c006'><span class='sc'>A Capital Hoax.</span>—Some men plagiarise the
-thoughts of others, without being at all aware
-of the pungency of the fact as regards themselves.
-The <cite>Herald</cite>, in alluding to a few of
-the “minor press,” gotten up and “spiced”
-precisely as the <cite>Herald</cite> itself originally was,
-when it first attracted public attention,
-remarked: “These fellows must be taught that
-they cannot use the liberty of the press so far
-as to make it the vehicle of their dirty thoughts
-and dirtier expressions, and that an honorable
-profession is not to be degraded because they
-hang upon its skirts, like foul birds hovering
-over their prey.” The beauty of it is, this extract
-is, word for word, the language employed
-by the <cite>Courier and Enquirer</cite>, in March, 1842,
-in relation to the <cite>Herald</cite> itself!—<cite>Mercury.</cite></p>
-
-<div class='figcenter id002'>
-<img src='images/curlyline.jpg' alt='' class='ig001' />
-</div>
-
-<div class='chapter'>
- <h2 id='leslie' class='c005'>FRANK LESLIE AGAIN ARRESTED.<br /> <br /> <span class='large'>RICH SCENE AT THE TOMBS!</span></h2>
-</div>
-
-<h3 class='c007'>[<i>From the Sunday Times.</i>]</h3>
-
-<p class='c015'>Frank Leslie was again arrested yesterday morning, on complaint
-of Aldermen Reed and Tuomy. The officer told Mr. Leslie
-that his orders were imperative to take him at once before Justice
-Osborne at the Tombs, without allowing him to send for counsel
-or seek for bail. On arriving at the Tombs, they were met by Aldermen
-Tuomy and Reed, accompanied by Mr. John Graham,
-their counsel. Justice Osborne asked Mr. Leslie if he demanded
-an examination. Mr. Leslie stated that he had not been allowed
-time to send for his counsel, and did not know what course to pursue.
-Justice Osborne said he could have time to send for counsel
-and for bail.</p>
-
-<p class='c016'>Mr. Graham then produced the complaints. That of Alderman
-Reed set forth that Mr. Leslie had published a picture representing
-him in the garb of a butcher, with a party of Irishmen driving
-a miserable and diseased-looking cow, without tail or horns, up to
-his stall. The leader of the party, Mr. Mike O’Flannagan, is represented
-as saying: “I read you tould the aldermen t’other day
-that swill-fed beef was worth half a cent a pound more than any
-other kind of meat. Here’s a beauty, yer honor; doesn’t he look
-fat and luscious? Arrah! don’t yer eyes wather to look at it?—Here’s
-the baste; we’ve brought it on purpose fer yez. Hand us
-over the dimes!”</p>
-
-<p class='c016'>Alderman Reed is represented as saying:—“I don’t deal in that
-kind of beef. I stated that as an alderman, not as a butcher.”</p>
-
-<p class='c016'>Ald. Tuomy makes two complaints against Mr. Leslie. In the
-first one Ald. Tuomy is represented as a ranting, roaring Irishman
-on board the Ericsson, with a bottle of whisky in one hand and a
-shillelah in the other, saying—“If I catch the “Tribune” reporter
-I’ll throw him overboard, G—d d—n him.” The second one embraces
-an alleged libellous article, and a caricature of Aldermen
-Tuomy and Reed, in which their nasal peculiarities are most outrageously
-magnified. Mr. Graham stated to the court that he
-desired to compel Leslie to give $2,500 bail in each case; in the two
-former instances, to keep the peace for twelve months, and abstain
-from publishing any more caricatures; and in the third case
-to answer criminally to the Sessions. Mr. Graham proceeded to
-say, that they intended to show these English scoundrels that
-they could not libel and caricature respectable citizens with impunity.</p>
-
-<p class='c016'>Mr. Leslie said—“You had better keep cool, Mr. Graham.”</p>
-
-<p class='c016'>Mr. Graham, who was evidently very much excited, jumped up
-and said—“Don’t speak to me, you scoundrel, or I shall not be
-answerable for the consequences. I ask your Honor to note that
-this is an attempt to intimidate respectable counsel. These fellows
-intend to caricature the whole court. I’ll neck the first man I see
-take out a pencil. [At this juncture our reporter took out his
-pencil and began to take notes.] The first acquaintance I ever
-had with him showed him (pointing to Leslie) to be a d—d
-scoundrel. If they will meet me on any flat in New York (pointing
-to Leslie and his friend Watson), I’ll take the heads off both
-of them. I’ll show them by the swelling of their chops there’s
-no Miss Nancyism about me” [shaking his fist in their faces].</p>
-
-<p class='c016'>Mr. <span class='sc'>Leslie</span>—“We are gentlemen—we are no pugilists, Mr.
-Graham.”</p>
-
-<p class='c016'><span class='pageno' id='Page_4'>4</span>Mr. Graham.—“You are a G—d d—d English thief. I can lick
-the pair of you.”</p>
-
-<p class='c016'>Judge Osborne.—“Mr. Graham, you must stop this, as I can’t
-allow it.”</p>
-
-<p class='c016'>Mr. Graham.—“Within the past seventy-two hours he has sent a
-shaft to the heart of the only remaining parent I have on earth,
-and the other night I went down alone past his establishment, intending
-if I met him on the curb to whip him like a dog.”</p>
-
-<p class='c016'>Mr. Leslie asked if the court intended to allow such procedings
-to continue. They were gentlemen, and not blackguards.</p>
-
-<p class='c016'>Ald. Reed.—“If they are gentlemen, one has sailed under an alias
-for the past five years.”</p>
-
-<p class='c016'>Mr. Leslie.—“That is not true.”</p>
-
-<p class='c016'>Justice Osborne.—“Gentlemen, you must stop this.”</p>
-
-<p class='c016'>Mr. Graham.—“The only question is, are two gentlemen to be
-constantly libelled by these English transports? They contaminate
-the air. If I stay in the room with them much longer, I shall
-suffocate. [Pointing to them.]. See what mean-looking English
-thieves they are!”</p>
-
-<p class='c016'>At this juncture, a gentleman, who we believe is Mr. Leslie’s
-printer, got up and told Mr. Graham that he must not speak to
-him in that way. This style of conversation continued some time
-longer, but did not lead to any breach of the peace, although it
-was evident that Mr. Graham needed but a very small provocation
-to make him take off his coat and “go in.”</p>
-
-<p class='c016'>Mr. Leslie gave the required bail to keep the peace, justifying
-himself, in $5,000, and two sureties of $2,500 each. Messrs. Sam
-S. Sherwood and Alexander Douglass became his bail.</p>
-
-<div class='double'>
-
-</div>
-<div class='chapter'>
- <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 c017'>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='c012'>EDWIN F. COREY,</div>
-<div class='c012'>EDWIN F. COREY, <span class='sc'>Jr.</span></div>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>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, &amp;c.</p>
-
-<div class='c019'>S. C. HERRING &amp; CO.,</div>
-<div class='c012'>251 Broadway.</div>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>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='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>J. VAN TINE, SHANGAE RESTAURANT, No. 2 DEY
-street, New York.</p>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>S. &amp; J. W. BARKER, GENERAL AUCTIONEERS &amp; 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='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>CARLTON HOUSE, 496 BROADWAY, NEW YORK.
-Bates and Holden, Proprietors.</p>
-
-<div class='c012'>THEOPHILUS BATES.</div>
-<div class='c012'>OREL J. HOLDEN.</div>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>GERARD BETTS &amp; CO., AUCTION AND COMMISSION
-Merchants, No. 106, Wall street, corner of Front street, New
-York.</p>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>SAMUEL SNEDEN, SHIP &amp; 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='c012'>SAMUEL SNEDEN.</div>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>FULLMER AND WOOD, CARRIAGE MANUFACTURERS,
-No. 239 West Nineteenth street, New York.</p>
-
-<p class='c009'>Horse-shoeing done with dispatch, and in the most scientific
-manner, and on reasonable terms.</p>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>BOOT &amp; SHOE EMPORIUM.—EDWIN A. BROOKS, IMPORTER
-and Manufacturer of Boots, Shoes and Gaiters,
-Wholesale and Retail, No. 575 Broadway, and 150 Fulton Street,
-New York.</p>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>WILLIAM M. SOMERVILLE, WHOLESALE AND RETAIL
-Druggist and Apothecary, 205 Bleecker street, corner of
-Minetta, opposite Cottage Place, New York. All the popular Patent
-Medicines, Fresh Swedish Leeches, Cupping, &amp;c. Physicians’
-Prescriptions accurately prepared.</p>
-
-<div class='c012'>WM. M. SOMERVILLE.</div>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>A. W. &amp; T. HUME, MERCHANT TAILORS, No. 82 6th
-Avenue, New York. We keep a large and elegant assortment
-of every article that a gentleman requires. We make Coats,
-Vests and Pants, after the latest Parisian fashions, and on reasonable
-terms.</p>
-
-<div class='c012'>A. W. &amp; T. HUME.</div>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>THE WASHINGTON, BY BARTLETT &amp; GATES, No. 1
-Broadway, New York. Come and see us, good friends, and
-eat, and drink, and be merry, in the same capacious and patriotic
-halls where the immortal Washington’s voice and laugh once reverberated.</p>
-
-<div class='lg-container-b'>
- <div class='linegroup'>
- <div class='group'>
- <div class='line'>O come to our Hotel,</div>
- <div class='line'>And you’ll be treated well.</div>
- </div>
- </div>
-</div>
-
-<div class='c012'>BARTLETT &amp; GATES.</div>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>MCSPEDEN &amp; BAKER, STATIONERY WAREHOUSE
-and Envelope Manufactory, Nos. 29, 31, and 33 Beekman St.,
-New York.</p>
-
-<p class='c009'><span class='sc'>Envelopes</span> of all patterns, styles and quality on hand, and
-made to order for the trade and others, by Steam Machinery.
-Patented April 8th, 1856.</p>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>FULTON IRON WORKS.—JAMES MURPHY &amp; CO.,
-Manufacturers of Marine and Land Engines, Boilers, &amp;c.
-Iron and Brass Castings. Foot of Cherry Street, East River.</p>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>BRADDICK &amp; HOGAN, SAILMAKERS, No. 272 SOUTH
-Street, New York.</p>
-
-<p class='c009'>Awnings, Tents and Bags made to order.</p>
-
-<div class='c012'>JESSE A. BRADDICK,</div>
-<div class='c012'>RICHARD HOGAN.</div>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>EDWARD PHALON &amp; SON, NOS. 497 AND 517 BROADWAY,
-New York—Depots for the sale of Perfumery, and
-every article connected with the Toilet.</p>
-
-<p class='c009'>We now introduce the “BOUQUET D’OGARITA, or Wild
-Flower of Mexico,” which is superior to anything of the kind in
-the civilized world.</p>
-
-<div class='c012'>EDWARD PHALON &amp; SON.</div>
-
-<div class='double'>
-
-</div>
-
-<div class='nf-center-c0'>
-<div class='nf-center c020'>
- <div>FALL ELECTION.</div>
- </div>
-</div>
-
-<div class='double'>
-
-</div>
-
-<table class='table1' summary=''>
-<colgroup>
-<col width='97%' />
-<col width='2%' />
-</colgroup>
- <tr>
- <td class='c021'><span class='sc'>State of New York</span>,</td>
- <td class='c022'>}</td>
- </tr>
- <tr>
- <td class='c021'><span class='sc'>Office of the Secretary of State</span>,</td>
- <td class='c022'>}</td>
- </tr>
- <tr>
- <td class='c023'><span class='sc'>Albany</span>, August 2, 1858.</td>
- <td class='c022'>}</td>
- </tr>
-</table>
-<p class='c024'><i>To the Sheriff of the County of New York</i>:</p>
-
-<p class='drop-capa0_0_0_4 c025'>SIR—NOTICE IS HEREBY GIVEN, THAT AT THE GENERAL,
-Election to be held in this State on the Tuesday succeeding
-the first Monday in November next, the following officers are
-to be elected, to wit:</p>
-
-<p class='c026'><span class='sc'>A Governor</span>, in the place of John A. King;</p>
-
-<p class='c026'><span class='sc'>A Lieutenant Governor</span>, in the place of Henry R. Selden;</p>
-
-<p class='c026'><span class='sc'>A Canal Commissioner</span>, in the place of Samuel B. Ruggles, appointed
-in place of Samuel S. Whallon, deceased;</p>
-
-<p class='c026'><span class='sc'>An Inspector of State Prisons</span>, in the place of William A.
-Russell;</p>
-
-<p class='c026'>All whose terms of office will expire on the last day of December
-next.</p>
-
-<p class='c026'><span class='sc'>A Representative</span> in the Thirty-sixth Congress of the United
-States, for the Third Congressional District, composed of the
-First, Second, Third, Fifth and Eighth Wards in the city of New
-York.</p>
-
-<p class='c026'><span class='sc'>A Representative</span> in the Thirty-sixth Congress of the United
-States, for the Fourth Congressional District, composed of the
-Fourth, Sixth, Tenth and Fourteenth Wards in the city of New
-York;</p>
-
-<p class='c026'><span class='sc'>A Representative</span> in the Thirty-sixth Congress of the United
-States, for the Fifth Congressional District, composed of the Seventh
-and Thirteenth Wards of the city of New York, and the
-Thirteenth, Fourteenth, Fifteenth and Sixteenth Wards of Brooklyn;</p>
-
-<p class='c026'><span class='sc'>A Representative</span> in the Thirty-sixth Congress of the United
-States, for the Sixth Congressional District, composed of the
-Eleventh, Fifteenth and Seventeenth Wards in the City of New
-York;</p>
-
-<p class='c026'><span class='sc'>A Representative</span> in the Thirty-sixth Congress of the United
-States, for the Seventh Congressional District, composed of the
-Ninth, Sixteenth, and Twentieth Wards in the City of New
-York;</p>
-
-<p class='c026'>And also, a <span class='sc'>Representative</span> in the Thirty-sixth Congress of the
-United States for the Eighth Congressional District, composed of
-the Twelfth, Eighteenth, Nineteenth, Twenty-first, and Twenty-second
-Wards in the City of New York.</p>
-
-<div class='nf-center-c0'>
-<div class='nf-center c027'>
- <div>COUNTY OFFICERS ALSO TO BE ELECTED FOR SAID COUNTY.</div>
- </div>
-</div>
-
-<p class='c026'><span class='sc'>Seventeen Members of Assembly</span>;</p>
-
-<p class='c026'><span class='sc'>A Sheriff</span>, in the place of James C. Willett;</p>
-
-<p class='c026'><span class='sc'>A County Clerk</span>, in the place of Richard B. Connolly;</p>
-
-<p class='c026'><span class='sc'>Four Coroners</span>, in the place of Frederick W. Perry, Edward
-Connery, Robert Gamble and Samuel C. Hills;</p>
-
-<p class='c026'>All whose terms of office will expire on the last day of December
-next.</p>
-
-<p class='c026'>The attention of Inspectors of Election and County Canvassers
-is directed to Chapter 320 of Laws of 1858, a copy of which is
-printed, for instructions in regard to their duties under said law,
-“submitting the question of calling a Convention to revise
-the Constitution and amend the same to the people of the State.”</p>
-
-<div class='nf-center-c0'>
-<div class='nf-center c027'>
- <div><span class='sc'>Chap. 320.</span></div>
- </div>
-</div>
-
-<p class='c028'>AN ACT to submit the question of calling a Convention to revise
-the Constitution and amend the same, to the People of the
-State:</p>
-
-<p class='c026'>Passed April 17, 1858—three-fifths being present.</p>
-
-<p class='c028'><i>The People of the State of New York, represented in Senate
-and Assembly, do enact as follows</i>:</p>
-
-<p class='c026'><span class='sc'>Section 1.</span> The Inspectors of Election in each town, ward, and
-election district in this State, at the annual election to be held in
-November next, shall provide a proper box to receive the ballots
-of the citizens of this State entitled to vote for members of the
-Legislature at such election. On such ballot shall be written or
-printed, or partly written and printed, by those voters who are in
-favor of a Convention, the words: “Shall there be a Convention
-to Revise the Constitution and amend the same? Yes.” And by
-those voters who are opposed thereto, the words: “Shall there be
-a Convention to Revise the Constitution and amend the same?
-No.” And all citizens entitled to vote as aforesaid shall be allowed
-to vote by ballot as aforesaid, in the election district in which
-he resides, and not elsewhere.</p>
-
-<p class='c026'>§2. So much of the articles one, two and three, of title four, of
-chapter one hundred and thirty, of an act entitled “An act respecting
-elections other than for militia and town officer,” passed
-April fifth, eighteen hundred and forty-two, and the acts amending
-the same, as regulates the manner of conducting elections and
-challenges, oaths to be administered, and inquiries to be made, of
-persons offering to vote, shall be deemed applicable to the votes to
-be given or offered under the act: and the manner of voting and
-challenges, and the penalties for false swearing, prescribed by law,
-are hereby declared in full force and effect in voting or offering to
-vote under this act.</p>
-
-<p class='c026'>§3. The said votes given for and against a convention, in pursuance
-of this act, shall be canvassed by the Inspectors of the several
-election districts or polls of the said election in the manner prescribed
-by law, and as provided in article four, of title four, of
-chapter one hundred and thirty of the said act, passed April fifth,
-eighteen hundred and forty-two, and the acts amending the same,
-as far as the same are applicable; and such canvass shall be completed
-by ascertaining the whole number of votes given in each
-election district or poll for a convention, and the whole number of
-votes given against such convention, in the form aforesaid; and
-the result being found, the inspectors shall make a statement in
-words, at full length, of the number of ballots received in relation
-to such convention, and shall also state in words, at full length,
-the whole number of ballots having thereon the words, “Shall
-there be a Convention to revise the Constitution and amend the
-same? No.” Such statements as aforesaid shall contain a caption,
-stating the day on which, and the number of the district, the
-town or ward, and the county at which the election was held, and
-at the end thereof a certificate that such statement is correct in all
-respects, which certificate shall be subscribed by all the inspectors,
-and a true copy of such statement shall be immediately filed by
-them in the office of the clerk of the town or city.</p>
-
-<p class='c026'>§4. The original statements, duly certified as aforesaid, shall be
-delivered by the inspectors, or one of them to be deputed for that
-purpose, to the supervisor, or, in case there be no supervisor, or
-he shall be disabled from attending the board of canvassers, then
-to one of the assessors of the town or ward, within twenty-four
-hours after the same shall have been subscribed by such inspectors,
-to be disposed of as other statements at such election, are
-now required by law.</p>
-
-<p class='c026'>§5. So much of articles first, second, third, and fourth, of title
-fifth, of chapter one hundred and thirty, of the act entitled, “An
-act respecting elections other than for militia and town officers,”
-and the acts amending the same, as regulates the duties of County
-Canvassers and their proceedings, and the duty of County
-Clerks, and the Secretary of State, and the Board of State Canvassers,
-shall be applied to the canvassing and ascertaining the
-will of the people of this State in relation to the proposed convention;
-and if it shall appear that a majority of the votes or
-ballots given in and returned as aforesaid are against a convention,
-then the said canvassers are required to certify and declare
-that fact by a certificate, subscribed by them; and filed with the
-Secretary of State: but if it shall appear by the said canvass that
-a majority of the ballots or votes given as aforesaid are for a convention,
-then they shall by like certificates, to be filed as aforesaid,
-declare that fact; and the said Secretary shall communicate
-a copy of such certificate to both branches of the Legislature,
-at the opening of the next session thereof.</p>
-
-<div class='nf-center-c0'>
-<div class='nf-center c029'>
- <div>Yours, respectfully,</div>
- <div class='c000'>GIDEON J. TUCKER, Secretary of State.</div>
- </div>
-</div>
-
-<div class='c030'><span class='sc'>Sheriff’s Office</span>, }</div>
-<div class='c030'><span class='sc'>New York</span>, August 4, 1858. }</div>
-
-<p class='c026'>The above is published pursuant to the notice of the Secretary
-of State, and the requirements of the Statute in such case made
-and provided.</p>
-
-<div class='nf-center-c0'>
-<div class='nf-center c029'>
- <div>JAMES C. WILLET,</div>
- <div class='c000'>Sheriff of the City and County of New York.</div>
- </div>
-</div>
-
-<p class='c026'>☞ All the public newspapers in the county will publish the
-above once in each week until the election, and then hand in their
-bills for advertising the same, so that they may be laid before the
-Board of Supervisors, and passed for payment. See Revised
-Stat, vol. 1, chap. 6, title 3, article 2d, part 1st, page 140.</p>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>FRANCIS B. BALDWIN, WHOLESALE AND RETAIL
-CLOTHING &amp; FURNISHING WAREHOUSE, No. 70
-and 72 Bowery, between Canal and Hester streets, New York.
-Large and elegant assortments of Youths’ and Boys’ Clothing.</p>
-
-<div class='c012'>F. B. BALDWIN,</div>
-<div class='c012'>J. G. BARNUM.</div>
-
-<p class='c009'>F. B. BALDWIN has just opened his New and Immense Establishment.
-THE LARGEST IN THE CITY! An entire New
-Stock of GENTLEMEN’S, YOUTH’S and CHILDREN’S
-CLOTHING, recently manufactured by the best workmen in the
-city, is now opened for inspection. Also, a superior stock of FURNISHING
-GOODS. All articles are of the Best Quality, and having
-been purchased during the crisis, WILL BE SOLD VERY
-LOW! The Custom Department contains the greatest variety of
-CLOTHS, CASSIMERES, and VESTINGS.</p>
-
-<p class='c009'>Mr. BALDWIN has associated with him Mr. J. G. BARNUM,
-who has had great experience in the business, having been thirty
-years connected with the leading Clothing Establishments of the
-city.</p>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>JAMES DONNELLY’S COAL YARD—TWENTY-SIXTH
-street and Second Avenue. I always have all kinds of coal
-on hand, and of the very best quality, which I will sell as low as
-any other coal dealer in the United States.</p>
-
-<div class='c012'>JAMES DONNELLY.</div>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>WILLIAM COULTER, CARPENTER.—I HAVE LONG
-been engaged as a Carpenter, and I assure all who will
-favor me with their patronage, that I will build as good houses, or
-anything else in my line, as any other carpenter in the city of New
-York. I will also be as reasonable in charges for my work as
-any other person.</p>
-
-<div class='nf-center-c0'>
- <div class='nf-center'>
- <div>WILLIAM COULTER, Carpenter,</div>
- <div>Rear of 216 East Twentieth street, New York.</div>
- </div>
-</div>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>W. W. OSBORN, MERCHANT TAILOR, 9 CHAMBER
-street, near Chatham street, New York.</p>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>SOLOMON BANTA, ARCHITECT, NO. 93 AMOS STREET,
-New York. I have built as many houses and stores as any
-Architect in this city, or the United States, and I can produce vouchers
-to that effect; and I flatter myself that I can build edifices
-that will compare favorably, in point of beauty and durability, with
-those of any Architect in this country. I am prepared to receive
-orders in my line of business at No. 93 Amos street, New York.</p>
-
-<div class='c012'>SOLOMON BANTA.</div>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>ROBERT ONDERDONK.—THIRTEENTH WARD
-Hotel, 405 and 407 Grand street, corner of Clinton street,
-New York.</p>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>WILLIAM M. TWEED, CHAIR &amp; OFFICE FURNITURE
-Dealer and Manufacturer, No. 289 Broadway, corner
-of Read street, New York, Room No. 15.</p>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>FASHION HOUSE—JOSEPH HYDE PROPRIETOR,
-corner Grand and Essex street. Wines, Liquors, and Cigars
-of the best brands. He invites his friends to give him a call.
-Prompt and courteous attention given his patrons.</p>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>WILLIAM A. CONKLIN, ATTORNEY AND COUNSELLOR
-at Law, No. 176 Chatham street, New York. Any business
-entrusted to his charge from citizens of this city or any part
-of the country, will receive prompt and faithful attention, and be
-conducted on reasonable terms.</p>
-
-<div class='c012'>WILLIAM A. CONKLIN.</div>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>GEO. KNAPP &amp; CO., WHOLESALE AND RETAIL
-Dealers in Butter, Cheese, Eggs, Poultry and country produce,
-No. -- Clinton Market, opposite Page’s Hotel, New York.</p>
-
-<div class='c012'>GEO. KNAPP.</div>
-<div class='c012'>H. D. ALBERS.</div>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>H. JONES &amp; HOFF, whose place of business is in front of the
-Astor House, keep all the latest publications of the day, including
-all the Daily and Weekly Newspapers. The public patronage
-is most respectfully solicited.</p>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>EDMUND FOWLER, CARPENTER AND BUILDER,
-No. 74 Reade street, near Broadway, New York.</p>
-
-<p class='c009'>N. B.—All kinds of Jobbing done at short notice.</p>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>BOWERY NEWS DEPOT, NO. 177 BOWERY.—CONSTANTLY
-on hand, Daily, Sunday, and Weekly Papers, Monthly
-Magazines, Play Books, Stationary, &amp;c., &amp;c. English Papers per
-Steamers. All orders punctually attended to.</p>
-
-<div class='c012'>BENNET &amp; CARROLL.</div>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>AMERICAN GLASS COMPANY, MANUFACTURE AND
-keep constantly on hand at their Warehouse, Plain, Moulded
-and Cut Flint Glass Ware, in all its varieties. Also Druggists’ and
-Perfumers’ Ware of all Kinds. Wholesale Warehouses, No. 168
-Pearl street, New York, and No. 54 Kilby street, Boston. (Factories
-at South Boston.) D. Burrill &amp; Co., Agents, New York.</p>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>JNO. WARD, JR., REAL ESTATE AGENT, OFFICES
-No. 5 Tryon Row, corner Chatham street, (opposite the Park,)
-New York, and 4th Avenue, near 126th street, Harlem.</p>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>P. C. GODFREY. STATIONER, BOOKSELLER, AND
-General News dealer, No. 831 Broadway, New York, near
-13th street.</p>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>AUGUST BRENTANO, CORNER OF HOUSTON STREET
-and Broadway, has all the latest Publications, and receives
-all the Foreign Papers by every steamer. He also has the back
-numbers of almost every paper published, including Branch’s
-“Alligator.”</p>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>CLINTON LUNCH, OYSTER AND DINING SALOON,
-No. 19 Beekman street. The best of Liquors and Cigars.</p>
-
-<div class='c012'>GEO. W. WARNER.</div>
-<div class='c012'>SAMUEL M. MILLER.</div>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>DAVID WILLIAMS, ATTORNEY AND COUNSELLOR
-at Law, No. 15 Centre street, New York.</p>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>J. W. MASON, MANUFACTURER, WHOLESALE AND
-Retail dealers in all kinds of Chairs, Wash Stands, Settees,
-&amp;c., No. 377 and 379 Pearl street, New York.</p>
-
-<p class='c009'>Cane and Wood Seat Chairs, in Boxes, for Shipping.</p>
-
-<hr class='c018' />
-
-<p class='drop-capa0_0_0_4 c017'>BENJAMIN JONES, COMMISSION DEALER, IN REAL
-Estate, Houses and Stores and Lots for sale in all parts
-of the City. Office at the junction of Broadway, Seventh
-avenue, and Forty-sixth street.</p>
-
-</div>
-
-
-
-
-
-
-
-
-<pre>
-
-
-
-
-
-End of the Project Gutenberg EBook of Stephen H. Branch's Alligator Vol. 1
-no. 18, August 21, 1858, by Stephen H. Branch
-
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