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diff --git a/old/55004-0.txt b/old/55004-0.txt deleted file mode 100644 index 04096aa..0000000 --- a/old/55004-0.txt +++ /dev/null @@ -1,1575 +0,0 @@ -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. - - GEO. W. WARNER. - SAMUEL M. MILLER. - - ---------------------------------------------------------------- - - -DAVID WILLIAMS, ATTORNEY AND COUNSELLOR at Law, No. 15 Centre street, -New York. - - ---------------------------------------------------------------- - - -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. - -Cane and Wood Seat Chairs, in Boxes, for Shipping. - - ---------------------------------------------------------------- - - -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. - - - - - -End of the Project Gutenberg EBook of Stephen H. Branch's Alligator Vol. 1 -no. 18, August 21, 1858, by Stephen H. Branch - -*** END OF THIS PROJECT GUTENBERG EBOOK BRANCH'S ALLIGATOR *** - -***** This file should be named 55004-0.txt or 55004-0.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/5/0/0/55004/ - -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) - - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. Special rules, set forth in the General Terms of Use part -of this license, apply to copying and distributing Project -Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm -concept and trademark. 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