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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..d7b82bc --- /dev/null +++ b/.gitattributes @@ -0,0 +1,4 @@ +*.txt text eol=lf +*.htm text eol=lf +*.html text eol=lf +*.md text eol=lf diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..dbaca75 --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #55090 (https://www.gutenberg.org/ebooks/55090) diff --git a/old/55090-0.txt b/old/55090-0.txt deleted file mode 100644 index 3e15338..0000000 --- a/old/55090-0.txt +++ /dev/null @@ -1,1442 +0,0 @@ -The Project Gutenberg EBook of Stephen H. Branch's Alligator Vol. 1 No. -20, September 4, 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. 20, September 4, 1858 - -Author: Stephen H. Branch - -Release Date: July 11, 2017 [EBook #55090] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK BRANCH'S ALLIGATOR, SEPT 4, 1858 *** - - - - -Produced by Richard Tonsing, The Online Distributed -Proofreading Team at http://www.pgdp.net (This file was -produced from images generously made available by The -Internet Archive) - - - - - - - - - - STEPHEN H. BRANCH’S - ALLIGATOR. - - - Volume I.—No. 20 SATURDAY, SEPTEMBER 4, Price 2 Cents. - 1858. - - - - - And they Stoned Stephen. - - -We are told by the Holy Scriptures that one of the Apostles, who, -preaching integrity and truth to the Pharisees of old, offended those -who belonged to the Tabernacle of libertines, was brought before the -council, which, by arousing public sentiment in a seditious manner, -caused Stephen to be stoned. And in our modern day they have likewise -stoned Stephen by placing him, unaccustomed to toil, and guiltless of -all crime, save the free exercise of opinion, to labor in a quarry along -with felons, thieves, and other obnoxious convicts; and in this wise -have our modern Pharisees stoned Stephen. - -The Warden of the Penitentiary, suffering from din of public opinion, -has seen proper to extenuate his conduct by stating that he was -compelled, by rigidity of duty, thus to place Mr. Branch in a position -of labor. Thus has he communicated his thoughts for publication to the -editor of the _Sunday Mercury_, and when he uttered them he was well -aware that they were a mere subterfuge to avoid personal indignity. And -now we challenge the Warden to show one single word in his instructions -rendering it compulsory upon him to employ any one soul in the quarrying -of stone. On the contrary, his instructions particularly enjoin upon him -the exercise of moderation and forbearance as a taskmaster, and most -explicitly direct that no prisoner, incapable of physical labor, shall -be employed at manual servitude. The law of the State, despite the -tendencies of Mr. Fitch, recognizes every being, created in human form, -to be possessed of a soul, as well as being of value to the -commonwealth; for a man incarcerated in the penitentiary, is not devoid -of civil life as is the case with a convict to the State prison, and -wherefore then did he stone Stephen? - -Mr. Fitch, the Warden, may remember that a woman, convicted of the most -brutal of crimes, which the law unfortunately has left unvisited by -proper punishment, that of the murder of the innocents, as yet unborn, -was, during her residence at the Island, favored not only with the -comforts, but the luxuries of an easy existence. And still they stoned -Stephen. - -The Warden, in addition to this instance of the famous Madame Restell, -may remember that a French gentleman, convicted of a most gross and -obscene libel upon the Rev. Mr. Verien, was not only suffered to remain -in idleness, and without the prison clothes, but was absolutely lodged -in the Warden’s house, remunerating him for his comfortable existence by -instructing his daughters in a knowledge of the French tongue. And still -they stoned Stephen! - -The Warden may remember, moreover, that Mr. Judson, convicted of a -misdemeanor in exciting the Astor Place riot, was allowed two days of -weekly absence to attend the publication of a journal by him published—a -fact notorious to every reader of _Ned Buntline’s Own_. And still they -stoned Stephen! - -We are sorry that the Warden so far committed himself as intentionally -to persecute a harmless, unoffensive man, whose true crime is a steady -adherence to truth. Allow us to assure him that while we admire his -penitence for the moment, we cannot forgive the fact that he stoned -Stephen! - - - - - Is the Atlantic Telegraph Actually Complete? - - -It is still doubted by many whether the Atlantic cable is actually laid -and perfect, as is reported. There is, we believe, no actual proof of -the fact, beyond that in the hands of those who have a pecuniary -interest in its being completed. It is said that the Queen’s message and -the President’s reply have been transmitted. Have they? Who knows? - -Mr. Field has notified the public that the line will not be opened for -its use in much less than a month—that he also has resigned the -directorship. Has he sold his stock, and thus disqualified himself from -holding office? And will most of the stock have changed hands within the -month? And will something have happened to the cable in the meantime to -render it useless? Will the directors prove the fact of the cable being -securely laid and in working order, by transmitting a message and -returning an answer, if it is but a single sentence? If they are able to -transmit one word they can do this. It would certainly be too bad if it -should prove to be a Kidd salvage affair. Then all the gas which has -been evolved, and all the powder burnt in the extreme jollification, -would be a total loss; together with part of the City Hall, and Justice -into the bargain. We certainly would advise those who have been lately -canonized to show these surmises to be false before their honors grow -dim. - - - - - A Commotion in the Jarsies. - - -The ALLIGATOR, feeling himself some pumpkins, on Sunday last, ventured -upon an excursion to the Jarsies, as much from a desire to have -universal absolution by a pilgrimage to the shrine of St. Quietus, as -from a longing to fraternize with the gallant Zouave, so particularly -enamored with the “blunt.” Basking in the smiles, literal and liquid, of -the Hotel Napoleon, and, sunned by the presence of the fair hostess, the -Alligator was enwrapt in a pleasant revery, much after the owl-like -manner, in which the sedate and philosophical Peter Cooper presides over -a reform convention. But his repose was broken by learning the -astounding fact that the Jersies, and especially Hoboken, was in a state -of political insurrection, and that for the moment the authority of -James Buchanan, President of these United States, was despised, -contemned and absolutely denounced,—and even one rebel, unconscious of -the Alligator’s presence, absolutely expressed a fervent desire to punch -that dignitary’s venerable head. It seems from all that we can glean, -that the Executive of this Republic, feeling the salvation of the -country to depend upon the electors of Hoboken and the parts -circumjacent, directed the renomination of the representative in -Congress, at present representing that district. This, it seems, was too -much for Jersey patience, exhausted as it is from passive submission to -the tyranny of Camden and Amboy; and, therefore, Hoboken has raised the -standard of revolt in the person of a learned judge, who is to mount the -stump to vindicate the honor of Jersey, and perhaps of its lightning. -How the unterrified democracy will survive this disaffection, we are at -a loss to imagine—for the loss of Hoboken, which familiarly styles -itself our sister city, and a very infant of a sister at that, must be a -bitter pill to an Administration in a tight place. One hope only is -left. Cannot the President induce John McKeon to reduce the rebellious -people to a perpetual slumber by one of his soporific orations; and even -should this fail, perchance Mr. Justice Whitley might be induced to talk -to them for half an hour. We are convinced that the people of Jersey -would do anything rather than submit to this final calamity. - - - - - To Our Readers. - - -During the past few weeks, it has been currently reported in some -quarters, that D. W. JOBSON, Esq., is now conducting the _Alligator_. - -That is not so. Mr. JOBSON never had—has not now, and, for aught we know -at present, never will have anything to do with the _Alligator_. - - - - - Answers to Correspondents. - - - “VAN.”—Your communication will appear in our next issue, it being - received too late to be of use for the moment. - - - - - THE ALLIGATOR. - New York, Saturday, September 4, 1858. - - - - - More Advice to Mr. Barnard. - - -When Mr. Recorder Barnard sat in Solomonic judgment on Stephen H. -Branch, he evidently forgot for the moment the dignity of a judge, and -assumed the questionable attributes of a politician. That Mr. Recorder -Barnard is nominally a lawyer we will admit, for he comes under all -provisions of the New Code, which creates lawyers with the celerity of -machinery; but that he understands the law, we emphatically deny. Before -Mr. Barnard mounted the Bench, was his name ever known to the community -as a successful barrister? Was he ever intrusted with any important -civil or criminal case? Did he ever make a speech the most common-place -reporter thought worthy of being reproduced in type? Not one of those -tests of popularity, which appertain to the career of the most common of -attorneys, seem to apply to the case of our learned Recorder, upon whose -brow honor and glory have stumbled as it were by accident. - -Mr. Barnard, in sentencing Mr. Branch, evidently desired to impress the -public mind with an idea of his individual authority; forgetting that he -was armed with the sword of mercy, he wielded only that of justice, and -with a vindictiveness, as reckless as it was violent, loaned himself to -the wishes of partizan leaders, who daily stand in dread of exposure -from an unbridled press. As vermin cannot dwell in certain atmospheres, -these men stifle coming in contact with the air of a free press; and it -is to them we owe the bitter persecution of free opinion, as is -glowingly instanced in the judgment passed upon Branch. A self-same -punishment would have been meted out to any offending editor, who may -touch the dignity of the confederated band, who thus attempt to throttle -speech, whose freedom should be indigenous to the soil. - -How long has Mr. Barnard learned that a convicted editor is a mere -felon? That he should be maltreated, disgraced, and placed even below -the level of thieves and malefactors? The case of Mr. Branch is probably -the first on record, wherein a man condemned for libel was compelled to -submit to prison discipline, intended only for a minor class of felons. -But as this case has occurred, it has afforded to our people a fair -opportunity of judging upon the irresponsibility, we will not say -imbecility, of an elective judiciary. Catch the most insignificant -errand-boy in the nearest lawyer’s den, and he will give you a better -legal, if not more humane, exposition of the true genius of the laws -than was publicly enunciated by Mr. Recorder Barnard, who indirectly -repudiated pure maxims of jurisprudence, and substituted vagaries of -vengeance. Let us, therefore, profit by this casual display of -sentiment; for say we to all quarters of the city, with a voice as of -that of a watchman in the hour of alarm, that none, not even the pure -and guileless, are safe while fantasies such as these are suffered to be -fulminated from a criminal bench. And likewise mind, we draw a grave -distinction between our civil and criminal judiciary. Unfortunately, the -highest and most respected of our judges are occupied solely with the -rights of property, and we have committed the rights of the person to -the most obscure of obscure attorneys, accidentally thrust from pure -partizan influence upon the Bench. While the truly learned Justice -Clerke, a lawyer such as the way of Christian life would make him, is -simply occupied in matters of dollars and cents, our lives, our persons, -our future, immaculate, are intrusted to the supervision of such learned -pundits as Mr. Recorder Barnard and City Judge Russell. - -Liberty of speech is a right, paramount to that of every other -consideration; it has been treasured as the key-stone to the great, -unwritten Constitution of Britain and of our own land; it is the vital -essence of our political existence, and its abuse has been judicially -tolerated that the spirit shall be perpetuated. But as Mr. Recorder -Barnard has not probably indulged in the intellectual luxury of perusing -Hallam’s Constitutional History—such a work being unknown to the New -Code—we will excuse him from any implied admiration of that respect, -yea, adoration, for personal rights, which animated the manly soul of -Algernon Sidney and fired the patriotism of John Hampden. - -We simply wish to inform Mr. Recorder Barnard that he labors under a -delusion when he presumes libel to be a misdemeanor in the literal sense -of the word, and although the law may be virtually misconstrued in such -a wise as to authorize interpretation that it may verge upon -misdemeanor, still the practice of Courts, presided over by Kent, by -Eldon, and by Camden, has essentially abrogated any such pretence in -fact. In meeting out to Mr. Branch the doom of a common thief, in -disgracing and degrading him before the eyes of a community, he -attempted in a feeble way, it may be observed, to instruct and -enlighten. Mr. Barnard and his satellites not only erred in tempor, but -in absolute legality. They have reaped a harvest of glory in the -unmurmured cases of a sympathetic public who will profit by the lesson -we have received, and hence forward seek not such servants as these. - - - - - The Law’s Delay. - - -It was confidently expected that a revision of the judgment upon Mr. -Branch would have been had in the early part of this week. We, however, -learn from Mr. Ashmead, that the Court being pre-occupied by civil -business, have postponed consideration of his motion until the month of -September, when the learned counsellor feels assured that the relief he -prays for will be granted, and a new trial be had. - -In this sacrifice of personal rights to the emolument of that of -property, we notice the inconsistency of the law which thus creates an -invidious distinction between things animate and inanimate. Here, then, -we have a person kept in jail, in a state of vexatious misery, while the -Court is occupied by the consideration of some quarrel of Smith and -Jones over a bale of cotton, or some other triviality in a commercial -point of view. Now, the most valuable of all rights is that of -locomotion, and the dearest of all writs is that of _habeas corpus_, -instituted expressly for the relief of the individual from unjust -detention. And still all the provisions of this famous act are -neutralized the instant the prisoner gets into the clutches of the -judiciary, whose slow motions are too often a cause of unintentional -wrong-doing. - -In the case of the People _vs._ Haines, the prisoner served his time out -in the State Prison, and was afterward granted a new trial and found not -guilty. Ashley, tried for forgery, served eighteen months, when upon a -new trial he was found guiltless of the crime charged upon him. Much as -we talk about the freedom of our institutions, the rights of prisoners -are too little respected by the tardy process of legal procedure. We -trust that when the new constitution be framed that preference will be -given to all cases involving personal liberty. - - - - - The First of September—let us remember. - - -It was observed by an English writer the heart of an alderman lays in -his belly. It may be true of an English alderman, but with ours the -centre of all affections rests in the pocket—touch him there, and you -draw his life’s blood. Dining is the mere relaxation with our aldermanic -council, by which they occasionally while away the fatigues of -mathematical calculations on the gross profits of contracts. They eat -not as a matter of duty, but from absolute necessity. We are to have a -municipal banquet on the first of September, to testify our joy at the -successful laying of the Atlantic Cable; and the same gentlemen, who did -the mourning over James Munroe, have kindly condescended to do our -merriment over the cable. Our Aldermen have acute sensations; at one -moment they are plunged in the depths of woe, at another they are -frantic with delight. In a word, they do everything, even praise God, -not in church, but at the Crystal Palace. - -We being of the poorer class feeders on pork and beans, are not expected -to have stomachs, capable of being with fat capon lined, so we, tax -payers will have to imagine the splendor of the scene, seen through the -gloomy columns of a morning newspaper. And therefore let us riot in -imagination and taste the pleasures of the honor in anticipation. - -We see before us, seated in his chair of state, the great Puttyman, and -we worship his Worship like unto the mighty Bendimeer, for him to speak, -for us to hear. And as the words of humid eloquence are distilled from -his lips, we will wonder how we could unfold so sound, unvarnished a -tale, and admit that painting spoils the lily and the rose, until -weighed down by the profundity of magisterial love, we unconsciously -droop to balmy slumber. And then we shall have Alderman Clancy, whose -soft persuasive tones shall wake thunders of applause, as he extols the -fighting glories of the Sixth, and promises that if the cable has -necessity of gallant defenders, he knows a band ready to fight for it. - -And then there will be the grave and illustrious Peter, who will act the -part of the skeleton at the Egyptian feast, with an occasional smile as -a token of our approaching smile. He will make but few remarks; the most -telling of which will be a short sentence, offering the use of the -basement cellar of the Institute wherein to coil away the tail end of -the cable. - -And then we will have Simeon Draper, the facetious prince of diners-out, -whose portly presence was never known to fail a municipal feast. He will -illuminate us with jokes, such as were wont to enliven the monotony of -an Alms House board. And then we will mourn to think that some day must -come when the Corporation Yorick will be no more. - -It will be a great feast!—a revelry of wit, humor, and sentiment; a -gathering together of all imaginable elements of greatness, from every -quarter of the city, and it is only to be regretted that the Lord Mayor -of London and him of Dublin cannot be sent, per the cable, to -participate in the scene of self-glorification, it would afford them -such an instructive lesson in the principles of municipal democracy. But -as they are requested to dine simultaneously with our body corporate, so -shall the _Alligator_, in an humble manner, it must be conceded, for we -dine at our own expense—a consideration not entering into the heads of -our authorities. At the exact moment when Simeon Draper cracks his sixth -joke, the _Alligator_ will honor Waterman with a command for “ein -lager!” - - - - - Long Branch and Short Branch. - - -While Branch rusticates upon the Island, Long Branch has had the honor -of a most distinguished assembly, lay, clerical and divine. While -Alderman Clancy, pink of municipal Nestors, has consented to bloom away -from Blossom Lodge, and here to perform the duties of the Mayoralty, his -Honor, the great Puttyman, comfortably dozes to the music of Jersey -musquitos, his repose only broken by the unwelcome intrusion of John -McKeon—the leanest of Pharoah’s lean kine. His Honor and the inevitable -John, although doubtlessly the master spirits of the mysterious -conference held at the Branch, and which will probably be elucidated -after the next election, however played second fiddle to Archbishop -Hughes, a venerable prelate, who, well aware of the qualities of putty, -can mould it at his will. What Peter Cooper does at the conference -beyond yarning, it is difficult to imagine, his peculiarities being -generally limited to that operation of the muscles. If these worthy -gentlemen can conceive that they can use the Archbishop for their -political purposes, they are slightly mistaken, for that enthusiastic -prelate is too old a bird to be caught by any kind of chaff, and we -doubt whether Puttyman & Co. can manufacture salt enough from the -Atlantic ocean to be placed on his venerable tail. We may remind this -scheming crew, that, some years ago Governor Seward and his private -governor, Thurlow Weed, attempted a sale of the worthy Archbishop, who, -in return for the compliment, bought himself in and sold out his -would-be purchasers at a remarkably low figure. With this decided case -before their eyes, we beg to caution poor Puttyman and Peter to keep -their eyes skinned, otherwise they may be found embalmed within the new -Cathedral. - - - - - All for a Quarter. - - -We read in the daily prints that a gentleman by the name of Hoey, while -returning from Rockaway, in company with a gentleman and lady, in -passing a turnpike gate, gave the girl, attending the bar, a coin which -he presumed to be a good American quarter dollar, but which the girl -pronounced to be bad. The turnpike man, who chances to be a justice of -the peace, immediately caused the arrest of all parties, who were forced -to send to Rockaway for bail. Even after the arrival of the bail the -party were detained several hours from lack of the necessary printed -blanks, while Mr. Justice and turnpike man Pearsall, copied the process -from a musty law tome. It is needless to add that upon the appearance of -Mr. Hoey and counsel from New York, all proceedings were dismissed as -frivolous. - -Gross as this outrage may appear at the first blush, and intense as was -the stupidity of the Long Island Dogberry, it can be daily paralleled by -the actions of our own law courts, especially when we extract our police -magistrates from barrooms and grogeries. Now one question: Have we one -single police magistrate in this city who ever swept out a lawyers -office, much less ever studied the profession? They are doubtlessly -intelligent and well-meaning men, but then they are not lawyers, and -consequently unfit to be entrusted with the custody of our personal -independence. No right can be dearer than that of free locomotion, and -therefore we should be more particular in the selection of these judges, -than those controlling the right of property. Imprisonment, like the dew -of heaven, falls alike upon the rich and the poor, and no citizen should -be jeopardized as to personal liberty and representation without the -strongest possible precaution. - - - - - News from a Watering Place. - - -Peter Cooper, the learned, astute, and never to be forgotten Peter, -finds it to be invaluable to his health, to snuff the sea breeze in the -classic freshness of Long Branch. Archbishop John, fatigued with the -cares of Cathedral dedication, found it likewise to his advantage to -smell the air in the same locality, and for fear of want of amusement he -brought with him the Vicar General of his diocese, and a brother of some -order—probably of the Redemptorists, or of some other evangelical -pawnbrokers. And a very strange peculiarity in the atmosphere brought to -the self-same spot, our most illustrious municipal executive Daniel F. -Tiemann. And being mutual acquaintances, on Sunday last, they enjoyed a -most comfortable chat, regulating the moral, sanitary and religious -condition of our citizens, when Peter suddenly disappeared, and his body -was only recovered a few hours before nightfall, when he was discovered -thoroughly impregnated with a speech, which he will probably transmit to -posterity upon the walls of the Institute, but which in reality is the -personal property of Archbishop Hughes. And on the morrow Peter, like -his saintly namesake, being a fisher of fish as well as of men, went -forth to angle with the Vicar General, and the tonsured monk, but what -caught he beside religious truths, which ever hang like diamonds upon -the voices of the Archbishop’s town friends, we regret to say we could -not learn. There must be something over refreshing in the air of Long -Branch, some resuscitating principle which can allure to that spot such -a bevy of worthies, who, to while away their leisure, have probably -settled in every manner, not only the Apostolic succession, but Mayor -Tiemann’s re-election. - - * * * * * - -We would like some of our cotemporaries to tell us what the people have -gained in the election of Daniel F. Tiemann and the defeat of Fernando -Wood. The latter is a statesman, a fine lawyer, quick perception, -brilliant talents, and with all the accusations against him, proved -himself an able, efficient magistrate. But Tiemann, what shall the -historian say of him? Echo answers write—on his tomb stone—“Here lies -the paint manufacturer, Daniel F. Tiemann, who was unfortunately elected -Mayor of New York, through a mistake of his friends. He’s gone—speak -gently of his errors—the city debt mourns—the people they say—nothing.” - - * * * * * - -Owing to the large and increasing demand for the ALLIGATOR, we are -induced, by Mr. Branch’s friends, to enlarge, consequently next week -will appear a full grown monster—covering eight pages. Look out for next -number. It will be rich and racy—full of spice. - - * * * * * - -AN AFTER-THOUGHT.—Mayor Tiemann, in his epistle to the Lord Mayor of -London, remarks, with respect to the Atlantic Telegraph, that “to God be -all praise.” We are glad that the Mayor has, like Saul of Tarsus, seen a -great light, for last week Cyrus W. Field monopolized all the praise. - - * * * * * - -NIAGARA ECLIPSED.—We had always thought that Niagara _falls_ were the -greatest extant, but we are mistaken. We have lately discovered one fall -infinitely greater than the above—Mayor Tiemann’s fall from the good -opinion of the citizens of New York into the arms of James Gordon -Bennett. - - * * * * * - -“A STICK!”—By all means, at all times, we would have our friends _stick_ -beside us; but the assumed friend, who, seeking help, helped himself -with our _composing stick_, from _beside us_, may he soon need a -_crutch_.—[D.] - - - - - A Pertinent Series of Queries. - - - _To the Editor of the Alligator_: - - NEW YORK, August 24, 1858. - - SIR.—There are a few things which I, with many others of my - acquaintances, wish to know, relative to the assistant matron of - Randall’s Island, who figured so conspicuously in the press and in - our Court of Sessions for the last month past. Before putting the - questions, I would just say—as the subject of the note is a - lady—if this were the first piece of scandal the citizens of New - York had any knowledge of in connection with our city - appointments, I, for one, would have been the first to have had - this savory morsel consigned to the “tomb of all the Capulets.” - Unfortunately it is not so. It is a well known fact that those who - are fortunate enough to receive the patronage of the corporation - of New York, and of all the lesser organizations in any way - connected with our city, must, at least _possess one negative_ - qualification—they must be thoroughly destitute of honesty. Add to - this a great talent for plundering the public treasury, drinking - any quantity of rum, talking profanely, and well skilled in - fistiana, drinking _swill milk_ and eating _swill-fed beef_, and, - in a word, in bamboozling everybody. It would appear, from - disclosures lately made in certain quarters, the qualifications of - the female portion of the appointees is in no way higher than the - male portion. - - The first question is—Did the Ten Governors, or any of them, - _know_ that this woman cohabited, as alleged in the _Alligator_ - and not disputed on the trial, with the individual represented as - her friend? If so, this is a sad spectacle to be exhibited before - our wives and daughters. - - In the second place, why did Mayor, then Governor, Tiemann, if he - did not _know_, prevent this _particular friend_ from visiting the - Island, while he permitted all the lady’s other friends to visit - her? - - In the third place, how came this lady to be in want of small sums - of money at different times, and how came she to make her wants - known to Governor Tiemann? And, far more wonderful still, that he - should supply them repeatedly without the former advance being - liquidated? This seems to me passing strange when we come to - reflect on the fact that this woman receives for her services on - the Island $800 per year; no small sum for an assistant matron. - - In the fourth place, if all or any of the above be true—and it may - be true for any thing I know—(the trial of Branch did not at all - touch these questions)—why is the lady not removed from the - Island, for she is totally unfitted for the responsible situation - she now fills? If the charges be false, why does the lady not take - immediate steps to clear herself from this heinous scandal? The - public have a right to demand that she either clear her character - or that she be removed from the Island. - - A WORKING MAN. - - * * * * * - - ☞ The _Sunday Mercury_ reads us a homily, and attempts to - whitewash the conduct of the Warden of the Penitentiary. John - Smith, Jr., of Arkansas, is a great man in his own estimation, and - it is a pity that the appreciation extends no further. - - ☞ The _Tribune_ attempts to advise the Tammany Committee with - regard to their political action. This is extremely civil as well - as kind, and in return for this the Sachems will probably vote the - Republican ticket. There is nothing more useful than perseverance, - if we except putty. - - - - - Supreme Court. - - -_In the matter of Stephen H. Branch undergoing sentence for libel._—Mr. -Ashmead said he had obtained a writ of error in this case. He was at -first disposed to let the judgment be affirmed by this Court without -argument, in order that it might go to the Court of Appeals, but he was -informed by Mr. Branch’s friends that he is failing so fast that the -question is doubtful whether he will live until the Court of Appeals -meets. - -Judge Davies—There is no other business before the Court. - -Mr. Ashmead asked to have a day set down for the argument in this -matter. - -Judge Davies—No, sir; we cannot meet again until the third Monday in -September. - -Mr. Sedgwick, Assistant District Attorney, could not consent to the case -going on out of the regular order. He had no doubt but Mr. McKeon would -like to facilitate the argument; he was, however, out of town, and Mr. -Sedgwick could not name any day. - -Mr. Ashmead said that the defendant’s points were so very clear and the -exceptions taken so indisputable that he had no doubt that the case -could be disposed of in fifteen minutes. - -Mr. Sedgwick said the reason he could not consent was that Mr. Ashmead -had intimated that he would make no strenuous opposition to a judgment -for the people in this Court, in order that the case might go to the -Court of Appeals at the next term; Mr. McKeon had left town with that -understanding, but a few days since Mr. Ashmead gave notice that he -would like to argue the questions here; counsel for the people were not -therefore prepared. - -Mr. Ashmead would consent to judgment for the people _pro forma_, but -Mr. Branch’s friends were importuning him to have the matter disposed -of, as they feared he will not survive until the Court of Appeals meets -in September. - -The Court suggested that if Mr. Branch’s health was such that his life -was endangered, he could be admitted to bail. - -Mr. Sedgwick said that he could be bailed by an order of the Court. - -Judge Davies said this Court would adjourn to to-morrow or Saturday, for -the purpose of hearing the argument, but Mr. Sedgwick could not say when -Mr. McKeon would return. Upon the suggestion of the Court, the case took -the regular order, to come before the General Term on the third Monday -of September, which would give them time to go before the Court of -Appeals on the fourth Tuesday of that month. - -Mr. Ashmead said that he had searched the books, and from the time of -Charles the Second down to the present day, there is no such sentence to -be found on record. - -The Court adjourned _sine die_. - -The following is the substance of Mr. Ashmead’s points for Branch: - -1. In refusing to receive the testimony of the three witnesses who -offered to prove that they told Branch the matters which he published, -and which were charged as libellous, in order to rebut the implication -of malice. - -2. In charging the jury that if the defendant justified or proved the -truth as to two of the parties charged, yet, that inasmuch as the -indictment embraced a libel on three, he must still be found guilty. - -3. That the whole proceedings are _coram non judice_, the Court having -no jurisdiction to originate bills in case of misdemeanor. - -4. In charging the jury that the law presumed malice from the -publication of a libel, without instructing them at the same time that -it was only a _prima facie_ presumption, and could be rebutted by -evidence. - - * * * * * - -BRANCH’S CONDITION.—A gentleman, upon whose statements we can place the -utmost reliance, tells us that a day or two ago he visited Branch at -Blackwell’s Island. After crossing the river and reaching the Island, -the gentleman was shown into a small office attached to the -Penitentiary. At this place he saw one of the clerks present an order -from one of the “Governors,” to be permitted to see Branch. After a few -moments the unfortunate Alligator, but still indomitable Branch, -presented himself. His face was paler than when in the city, and his -general appearance was that of a man who was suffering from a want of -nutritious food and the usual comforts of life. Branch was dressed in -the prison costume, his hair was cropped and his whiskers shaved. He -stated that he was now employed in carrying the tools used by the people -of the quarry, and that, although the work was not necessarily too -severe, yet the fact that he was confined all day amid the dust of the -quarry, and fed on food which his system and appetite revolts at, he was -rapidly losing his strength, and was threatened with a paralysis of his -left side. He stated that he had to get upon several times in the night -to rub his limbs, and that his case was aggravated from the fact that he -was denied the use of slippers, and had consequently to stand on the -stone floor whenever he was obliged to rise from his bed. He says that -if the present severe discipline is not alleviated, he will not live six -weeks, and his chest is severely affected by the dust of the quarry and -the hard labor he has to perform, without adequate food.—_Daily Times._ - -A story is told by Sir Walter Scott, of a Scotch nobleman who had a very -ugly daughter called “Muckle Mouthed Meg,” whom nobody would look at. -Having caught a young man of good family on his estate in some scrape, -he had him tried and condemned to be hanged. When the young man appealed -to him, he told him, “The only way I can save you is by your marrying my -ugly daughter.” The young man said he would be hanged first. When -brought out to the gallows and the rope was seen hanging ready, the -young man cried out, “Let me have another look at her.” - - - - - 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 or 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. - - * * * * * - -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. - - * * * * * - -FULTON IRON WORKS.—JAMES MURPHY & CO., Manufacturers of Marine and Land -Engines, Boilers, &c. Iron and Brass Castings. Foot of Cherry Street, -East River. - - * * * * * - -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, Stationery, &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. 163 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. - ------------------------------------------------------------------------- - - - - - TRANSCRIBER’S NOTES - - - 1. Changed “statelites” to “satellites” on p. 2. - 2. Changed second “§2.” to “§3.” on p. 4. - 3. Changed “capron” to “capon” on p. 2. - 4. Silently corrected typographical errors. - 5. Retained anachronistic and non-standard spellings as printed. - 6. Enclosed italics font in _underscores_. - - - - - -End of the Project Gutenberg EBook of Stephen H. Branch's Alligator Vol. 1 -No. 20, September 4, 1858, by Stephen H. 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Branch's Alligator Vol. 1 No. -20, September 4, 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. 20, September 4, 1858 - -Author: Stephen H. Branch - -Release Date: July 11, 2017 [EBook #55090] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK BRANCH'S ALLIGATOR, SEPT 4, 1858 *** - - - - -Produced by Richard Tonsing, The Online Distributed -Proofreading Team at http://www.pgdp.net (This file was -produced from images generously made available by The -Internet Archive) - - - - - - -</pre> - - -<div class='tnotes covernote'> - -<p class='c000'><strong>Transcriber's Note:</strong></p> - -<p class='c000'>The cover image was created by the transcriber and is placed in the public domain.</p> - -</div> - -<div> - <span class='pageno' id='Page_1'>1</span> - <h1 class='c001'>STEPHEN H. BRANCH’S<br /> ALLIGATOR.</h1> -</div> - -<div class='figcenter id001'> -<img src='images/logo.jpg' alt='STEPHEN H. BRANCH’S ALLIGATOR.' class='ig001' /> -</div> -<table class='table0' summary='ALLIGATOR'> -<colgroup> -<col width='33%' /> -<col width='33%' /> -<col width='33%' /> -</colgroup> - <tr> - <td class='c002'>Volume I.—No. 20</td> - <td class='c003'>SATURDAY, SEPTEMBER 4, 1858.</td> - <td class='c004'>Price 2 Cents.</td> - </tr> -</table> - -<div class='chapter'> - <h2 class='c005'>And they Stoned Stephen.</h2> -</div> - -<p class='c006'>We are told by the Holy Scriptures that one -of the Apostles, who, preaching integrity and -truth to the Pharisees of old, offended those -who belonged to the Tabernacle of libertines, -was brought before the council, which, by arousing -public sentiment in a seditious manner, -caused Stephen to be stoned. And in our -modern day they have likewise stoned Stephen -by placing him, unaccustomed to toil, and -guiltless of all crime, save the free exercise of -opinion, to labor in a quarry along with felons, -thieves, and other obnoxious convicts; and in -this wise have our modern Pharisees stoned -Stephen.</p> - -<p class='c000'>The Warden of the Penitentiary, suffering -from din of public opinion, has seen proper to -extenuate his conduct by stating that he was -compelled, by rigidity of duty, thus to place -Mr. Branch in a position of labor. Thus has -he communicated his thoughts for publication -to the editor of the <cite>Sunday Mercury</cite>, and -when he uttered them he was well aware that -they were a mere subterfuge to avoid personal -indignity. And now we challenge the Warden -to show one single word in his instructions -rendering it compulsory upon him to employ -any one soul in the quarrying of stone. On -the contrary, his instructions particularly enjoin -upon him the exercise of moderation and -forbearance as a taskmaster, and most explicitly -direct that no prisoner, incapable of physical -labor, shall be employed at manual servitude. -The law of the State, despite the tendencies of -Mr. Fitch, recognizes every being, created in -human form, to be possessed of a soul, as well -as being of value to the commonwealth; for a -man incarcerated in the penitentiary, is not -devoid of civil life as is the case with a convict -to the State prison, and wherefore then -did he stone Stephen?</p> - -<p class='c000'>Mr. Fitch, the Warden, may remember that -a woman, convicted of the most brutal of -crimes, which the law unfortunately has left -unvisited by proper punishment, that of the -murder of the innocents, as yet unborn, was, -during her residence at the Island, favored not -only with the comforts, but the luxuries of -an easy existence. And still they stoned Stephen.</p> - -<p class='c000'>The Warden, in addition to this instance of -the famous Madame Restell, may remember -that a French gentleman, convicted of a most -gross and obscene libel upon the Rev. Mr. -Verien, was not only suffered to remain in -idleness, and without the prison clothes, but -was absolutely lodged in the Warden’s house, -remunerating him for his comfortable existence -by instructing his daughters in a knowledge -of the French tongue. And still they -stoned Stephen!</p> - -<p class='c000'>The Warden may remember, moreover, that -Mr. Judson, convicted of a misdemeanor in -exciting the Astor Place riot, was allowed -two days of weekly absence to attend the publication -of a journal by him published—a fact -notorious to every reader of <cite>Ned Buntline’s -Own</cite>. And still they stoned Stephen!</p> - -<p class='c000'>We are sorry that the Warden so far committed -himself as intentionally to persecute a -harmless, unoffensive man, whose true crime -is a steady adherence to truth. Allow us to -assure him that while we admire his penitence -for the moment, we cannot forgive the fact -that he stoned Stephen!</p> - -<div class='chapter'> - <h2 class='c005'>Is the Atlantic Telegraph Actually Complete?</h2> -</div> - -<p class='c006'>It is still doubted by many whether the Atlantic -cable is actually laid and perfect, as is -reported. There is, we believe, no actual proof -of the fact, beyond that in the hands of those -who have a pecuniary interest in its being completed. -It is said that the Queen’s message -and the President’s reply have been transmitted. -Have they? Who knows?</p> - -<p class='c000'>Mr. Field has notified the public that the line -will not be opened for its use in much less than -a month—that he also has resigned the directorship. -Has he sold his stock, and thus disqualified -himself from holding office? And -will most of the stock have changed hands -within the month? And will something have -happened to the cable in the meantime to render -it useless? Will the directors prove the -fact of the cable being securely laid and in -working order, by transmitting a message and -returning an answer, if it is but a single sentence? -If they are able to transmit one word -they can do this. It would certainly be too -bad if it should prove to be a Kidd salvage affair. -Then all the gas which has been evolved, -and all the powder burnt in the extreme jollification, -would be a total loss; together with -part of the City Hall, and Justice into the bargain. -We certainly would advise those who -have been lately canonized to show these surmises -to be false before their honors grow dim.</p> - -<div class='chapter'> - <h2 class='c005'>A Commotion in the Jarsies.</h2> -</div> - -<p class='c006'>The <span class='sc'>Alligator</span>, feeling himself some pumpkins, -on Sunday last, ventured upon an excursion -to the Jarsies, as much from a desire to -have universal absolution by a pilgrimage to -the shrine of St. Quietus, as from a longing to -fraternize with the gallant Zouave, so particularly -enamored with the “blunt.” Basking in -the smiles, literal and liquid, of the Hotel Napoleon, -and, sunned by the presence of the fair -hostess, the Alligator was enwrapt in a pleasant -revery, much after the owl-like manner, in -which the sedate and philosophical Peter Cooper -presides over a reform convention. But -his repose was broken by learning the astounding -fact that the Jersies, and especially Hoboken, -was in a state of political insurrection, -and that for the moment the authority of James -Buchanan, President of these United States, was -despised, contemned and absolutely denounced,—and -even one rebel, unconscious of the Alligator’s -presence, absolutely expressed a fervent -desire to punch that dignitary’s venerable -head. It seems from all that we can glean, -that the Executive of this Republic, feeling the -salvation of the country to depend upon the -electors of Hoboken and the parts circumjacent, -directed the renomination of the representative -in Congress, at present representing -that district. This, it seems, was too much for -Jersey patience, exhausted as it is from passive -submission to the tyranny of Camden and Amboy; -and, therefore, Hoboken has raised the -standard of revolt in the person of a learned -judge, who is to mount the stump to vindicate -the honor of Jersey, and perhaps of its lightning. -How the unterrified democracy will -survive this disaffection, we are at a loss to -imagine—for the loss of Hoboken, which familiarly -styles itself our sister city, and a very -infant of a sister at that, must be a bitter pill -to an Administration in a tight place. One -hope only is left. Cannot the President induce -John McKeon to reduce the rebellious people -to a perpetual slumber by one of his soporific -orations; and even should this fail, perchance -Mr. Justice Whitley might be induced to talk -to them for half an hour. We are convinced -that the people of Jersey would do anything -rather than submit to this final calamity.</p> - -<div class='chapter'> - <h2 class='c005'>To Our Readers.</h2> -</div> - -<p class='c006'>During the past few weeks, it has been currently -reported in some quarters, that <span class='sc'>D. W. -Jobson</span>, Esq., is now conducting the <em>Alligator</em>.</p> - -<p class='c000'>That is not so. Mr. <span class='sc'>Jobson</span> never had—has -not now, and, for aught we know at present, -never will have anything to do with the <em>Alligator</em>.</p> - -<div class='chapter'> - <span class='pageno' id='Page_2'>2</span> - <h2 class='c005'>Answers to Correspondents.</h2> -</div> - -<p class='c007'>“<span class='sc'>Van.</span>”—Your communication will appear in our next issue, it -being received too late to be of use for the moment.</p> - -<div class='ph1'> - -<div class='nf-center-c1'> -<div class='nf-center c008'> - <div>THE ALLIGATOR.</div> - <div><span class='xlarge'>New York, Saturday, September 4, 1858.</span></div> - </div> -</div> - -</div> - -<div class='chapter'> - <h2 class='c005'>More Advice to Mr. Barnard.</h2> -</div> - -<p class='c006'>When Mr. Recorder Barnard sat in Solomonic -judgment on Stephen H. Branch, he evidently -forgot for the moment the dignity of a -judge, and assumed the questionable attributes -of a politician. That Mr. Recorder Barnard is -nominally a lawyer we will admit, for he comes -under all provisions of the New Code, which -creates lawyers with the celerity of machinery; -but that he understands the law, we emphatically -deny. Before Mr. Barnard mounted the -Bench, was his name ever known to the community -as a successful barrister? Was he ever -intrusted with any important civil or criminal -case? Did he ever make a speech the most -common-place reporter thought worthy of being -reproduced in type? Not one of those -tests of popularity, which appertain to the -career of the most common of attorneys, seem -to apply to the case of our learned Recorder, -upon whose brow honor and glory have stumbled -as it were by accident.</p> - -<p class='c000'>Mr. Barnard, in sentencing Mr. Branch, evidently -desired to impress the public mind with -an idea of his individual authority; forgetting -that he was armed with the sword of mercy, -he wielded only that of justice, and with a vindictiveness, -as reckless as it was violent, loaned -himself to the wishes of partizan leaders, -who daily stand in dread of exposure from an -unbridled press. As vermin cannot dwell in -certain atmospheres, these men stifle coming in -contact with the air of a free press; and it is -to them we owe the bitter persecution of free -opinion, as is glowingly instanced in the judgment -passed upon Branch. A self-same punishment -would have been meted out to any -offending editor, who may touch the dignity -of the confederated band, who thus attempt to -throttle speech, whose freedom should be indigenous -to the soil.</p> - -<p class='c000'>How long has Mr. Barnard learned that a -convicted editor is a mere felon? That he -should be maltreated, disgraced, and placed -even below the level of thieves and malefactors? -The case of Mr. Branch is probably the -first on record, wherein a man condemned for -libel was compelled to submit to prison discipline, -intended only for a minor class of felons. -But as this case has occurred, it has afforded -to our people a fair opportunity of judging -upon the irresponsibility, we will not say imbecility, -of an elective judiciary. Catch the -most insignificant errand-boy in the nearest -lawyer’s den, and he will give you a better -legal, if not more humane, exposition of the -true genius of the laws than was publicly enunciated -by Mr. Recorder Barnard, who indirectly -repudiated pure maxims of jurisprudence, -and substituted vagaries of vengeance. -Let us, therefore, profit by this casual display -of sentiment; for say we to all quarters of the -city, with a voice as of that of a watchman in -the hour of alarm, that none, not even the -pure and guileless, are safe while fantasies such -as these are suffered to be fulminated from a -criminal bench. And likewise mind, we draw -a grave distinction between our civil and -criminal judiciary. Unfortunately, the highest -and most respected of our judges are -occupied solely with the rights of property, -and we have committed the rights of the person -to the most obscure of obscure attorneys, -accidentally thrust from pure partizan influence -upon the Bench. While the truly learned Justice -Clerke, a lawyer such as the way of Christian -life would make him, is simply occupied -in matters of dollars and cents, our lives, our -persons, our future, immaculate, are intrusted -to the supervision of such learned pundits as -Mr. Recorder Barnard and City Judge Russell.</p> - -<p class='c000'>Liberty of speech is a right, paramount to -that of every other consideration; it has been -treasured as the key-stone to the great, unwritten -Constitution of Britain and of our own -land; it is the vital essence of our political -existence, and its abuse has been judicially -tolerated that the spirit shall be perpetuated. -But as Mr. Recorder Barnard has not probably -indulged in the intellectual luxury of perusing -Hallam’s Constitutional History—such a work -being unknown to the New Code—we will excuse -him from any implied admiration of that -respect, yea, adoration, for personal rights, -which animated the manly soul of Algernon -Sidney and fired the patriotism of John Hampden.</p> - -<p class='c000'>We simply wish to inform Mr. Recorder -Barnard that he labors under a delusion when -he presumes libel to be a misdemeanor in the -literal sense of the word, and although the -law may be virtually misconstrued in such a -wise as to authorize interpretation that it may -verge upon misdemeanor, still the practice of -Courts, presided over by Kent, by Eldon, and -by Camden, has essentially abrogated any -such pretence in fact. In meeting out to Mr. -Branch the doom of a common thief, in disgracing -and degrading him before the eyes of -a community, he attempted in a feeble way, -it may be observed, to instruct and enlighten. -Mr. Barnard and his satellites<a id='t2'></a> not only erred -in <span lang="la" xml:lang="la">tempor</span>, but in absolute legality. They have -reaped a harvest of glory in the unmurmured -cases of a sympathetic public who will profit -by the lesson we have received, and hence -forward seek not such servants as these.</p> - -<div class='chapter'> - <h2 class='c005'>The Law’s Delay.</h2> -</div> - -<p class='c006'>It was confidently expected that a revision -of the judgment upon Mr. Branch would have -been had in the early part of this week. We, -however, learn from Mr. Ashmead, that the -Court being pre-occupied by civil business, -have postponed consideration of his motion -until the month of September, when the learned -counsellor feels assured that the relief he -prays for will be granted, and a new trial be -had.</p> - -<p class='c000'>In this sacrifice of personal rights to the -emolument of that of property, we notice the -inconsistency of the law which thus creates an -invidious distinction between things animate -and inanimate. Here, then, we have a person -kept in jail, in a state of vexatious misery, -while the Court is occupied by the consideration -of some quarrel of Smith and Jones over a -bale of cotton, or some other triviality in a -commercial point of view. Now, the most -valuable of all rights is that of locomotion, and -the dearest of all writs is that of <i><span lang="la" xml:lang="la">habeas corpus</span></i>, -instituted expressly for the relief of the individual -from unjust detention. And still all the -provisions of this famous act are neutralized -the instant the prisoner gets into the clutches -of the judiciary, whose slow motions are too -often a cause of unintentional wrong-doing.</p> - -<p class='c000'>In the case of the People <i><span lang="la" xml:lang="la">vs.</span></i> Haines, the prisoner -served his time out in the State Prison, -and was afterward granted a new trial and -found not guilty. Ashley, tried for forgery, -served eighteen months, when upon a new trial -he was found guiltless of the crime charged upon -him. Much as we talk about the freedom of our -institutions, the rights of prisoners are too little -respected by the tardy process of legal -procedure. We trust that when the new -constitution be framed that preference will be -given to all cases involving personal liberty.</p> - -<div class='chapter'> - <h2 class='c005'>The First of September—let us remember.</h2> -</div> - -<p class='c006'>It was observed by an English writer the -heart of an alderman lays in his belly. It may -be true of an English alderman, but with ours -the centre of all affections rests in the pocket—touch -him there, and you draw his life’s -blood. Dining is the mere relaxation with our -aldermanic council, by which they occasionally -while away the fatigues of mathematical -calculations on the gross profits of contracts. -They eat not as a matter of duty, but from -absolute necessity. We are to have a municipal -banquet on the first of September, to testify -our joy at the successful laying of the Atlantic -Cable; and the same gentlemen, who -did the mourning over James Munroe, have -kindly condescended to do our merriment over -the cable. Our Aldermen have acute sensations; -at one moment they are plunged in the -depths of woe, at another they are frantic -with delight. In a word, they do everything, -even praise God, not in church, but at the -Crystal Palace.</p> - -<p class='c000'>We being of the poorer class feeders on pork -and beans, are not expected to have stomachs, -capable of being with fat capon<a id='t2a'></a> lined, so we, -tax payers will have to imagine the splendor -of the scene, seen through the gloomy columns -of a morning newspaper. And therefore let -us riot in imagination and taste the pleasures -of the honor in anticipation.</p> - -<p class='c000'>We see before us, seated in his chair of -state, the great Puttyman, and we worship his -Worship like unto the mighty Bendimeer, for -him to speak, for us to hear. And as the -words of humid eloquence are distilled from -his lips, we will wonder how we could unfold -so sound, unvarnished a tale, and admit that -painting spoils the lily and the rose, until -weighed down by the profundity of magisterial -love, we unconsciously droop to balmy -slumber. And then we shall have Alderman -Clancy, whose soft persuasive tones shall wake -thunders of applause, as he extols the fighting -glories of the Sixth, and promises that if the -cable has necessity of gallant defenders, he -knows a band ready to fight for it.</p> - -<p class='c000'>And then there will be the grave and illustrious -Peter, who will act the part of the skeleton -at the Egyptian feast, with an occasional -smile as a token of our approaching smile. -He will make but few remarks; the most telling -of which will be a short sentence, offering -the use of the basement cellar of the Institute -wherein to coil away the tail end of the cable.</p> - -<p class='c000'>And then we will have Simeon Draper, the -facetious prince of diners-out, whose portly presence -was never known to fail a municipal -feast. He will illuminate us with jokes, such -as were wont to enliven the monotony of an -Alms House board. And then we will mourn -to think that some day must come when the -Corporation Yorick will be no more.</p> - -<p class='c000'>It will be a great feast!—a revelry of wit, -humor, and sentiment; a gathering together -of all imaginable elements of greatness, from -every quarter of the city, and it is only to be -regretted that the Lord Mayor of London and -him of Dublin cannot be sent, per the cable, -to participate in the scene of self-glorification, -it would afford them such an instructive lesson -in the principles of municipal democracy. But -as they are requested to dine simultaneously -with our body corporate, so shall the <em>Alligator</em>, -in an humble manner, it must be conceded, -for we dine at our own expense—a consideration -not entering into the heads of our authorities. -At the exact moment when Simeon -Draper cracks his sixth joke, the <em>Alligator</em> -will honor Waterman with a command for -“<span lang="de" xml:lang="de">ein lager!</span>”</p> - -<div class='chapter'> - <span class='pageno' id='Page_3'>3</span> - <h2 class='c005'>Long Branch and Short Branch.</h2> -</div> - -<p class='c006'>While Branch rusticates upon the Island, -Long Branch has had the honor of a most distinguished -assembly, lay, clerical and divine. -While Alderman Clancy, pink of municipal -Nestors, has consented to bloom away from -Blossom Lodge, and here to perform the duties -of the Mayoralty, his Honor, the great -Puttyman, comfortably dozes to the music of -Jersey musquitos, his repose only broken by -the unwelcome intrusion of John McKeon—the -leanest of Pharoah’s lean kine. His Honor -and the inevitable John, although doubtlessly -the master spirits of the mysterious conference -held at the Branch, and which will probably -be elucidated after the next election, however -played second fiddle to Archbishop Hughes, a -venerable prelate, who, well aware of the qualities -of putty, can mould it at his will. What -Peter Cooper does at the conference beyond -yarning, it is difficult to imagine, his peculiarities -being generally limited to that operation -of the muscles. If these worthy gentlemen -can conceive that they can use the Archbishop -for their political purposes, they are slightly -mistaken, for that enthusiastic prelate is too -old a bird to be caught by any kind of chaff, -and we doubt whether Puttyman & Co. can -manufacture salt enough from the Atlantic -ocean to be placed on his venerable tail. We -may remind this scheming crew, that, some -years ago Governor Seward and his private -governor, Thurlow Weed, attempted a sale of -the worthy Archbishop, who, in return for the -compliment, bought himself in and sold out -his would-be purchasers at a remarkably low -figure. With this decided case before their eyes, -we beg to caution poor Puttyman and Peter -to keep their eyes skinned, otherwise they -may be found embalmed within the new Cathedral.</p> - -<div class='chapter'> - <h2 class='c005'>All for a Quarter.</h2> -</div> - -<p class='c006'>We read in the daily prints that a gentleman -by the name of Hoey, while returning -from Rockaway, in company with a gentleman -and lady, in passing a turnpike gate, gave -the girl, attending the bar, a coin which he -presumed to be a good American quarter dollar, -but which the girl pronounced to be bad. -The turnpike man, who chances to be a justice -of the peace, immediately caused the arrest of -all parties, who were forced to send to Rockaway -for bail. Even after the arrival of the -bail the party were detained several hours -from lack of the necessary printed blanks, -while Mr. Justice and turnpike man Pearsall, -copied the process from a musty law tome. It -is needless to add that upon the appearance of -Mr. Hoey and counsel from New York, all -proceedings were dismissed as frivolous.</p> - -<p class='c000'>Gross as this outrage may appear at the first -blush, and intense as was the stupidity of the -Long Island Dogberry, it can be daily paralleled -by the actions of our own law courts, -especially when we extract our police magistrates -from barrooms and grogeries. Now one -question: Have we one single police magistrate -in this city who ever swept out a lawyers -office, much less ever studied the profession? -They are doubtlessly intelligent and well-meaning -men, but then they are not lawyers, -and consequently unfit to be entrusted with -the custody of our personal independence. No -right can be dearer than that of free locomotion, -and therefore we should be more particular -in the selection of these judges, than those controlling -the right of property. Imprisonment, -like the dew of heaven, falls alike upon the -rich and the poor, and no citizen should be -jeopardized as to personal liberty and representation -without the strongest possible precaution.</p> - -<div class='chapter'> - <h2 class='c005'>News from a Watering Place.</h2> -</div> - -<p class='c006'>Peter Cooper, the learned, astute, and never -to be forgotten Peter, finds it to be invaluable -to his health, to snuff the sea breeze in the -classic freshness of Long Branch. Archbishop -John, fatigued with the cares of Cathedral -dedication, found it likewise to his advantage -to smell the air in the same locality, and for -fear of want of amusement he brought with -him the Vicar General of his diocese, and a -brother of some order—probably of the Redemptorists, -or of some other evangelical -pawnbrokers. And a very strange peculiarity -in the atmosphere brought to the self-same -spot, our most illustrious municipal executive -Daniel F. Tiemann. And being mutual acquaintances, -on Sunday last, they enjoyed a -most comfortable chat, regulating the moral, -sanitary and religious condition of our citizens, -when Peter suddenly disappeared, and his body -was only recovered a few hours before nightfall, -when he was discovered thoroughly impregnated -with a speech, which he will probably -transmit to posterity upon the walls of the -Institute, but which in reality is the personal -property of Archbishop Hughes. And on the -morrow Peter, like his saintly namesake, being -a fisher of fish as well as of men, went forth -to angle with the Vicar General, and the tonsured -monk, but what caught he beside religious -truths, which ever hang like diamonds -upon the voices of the Archbishop’s town -friends, we regret to say we could not learn. -There must be something over refreshing in -the air of Long Branch, some resuscitating -principle which can allure to that spot such -a bevy of worthies, who, to while away their -leisure, have probably settled in every manner, -not only the Apostolic succession, but Mayor -Tiemann’s re-election.</p> - -<hr class='c009' /> - -<p class='c000'>We would like some of our cotemporaries to -tell us what the people have gained in the -election of Daniel F. Tiemann and the defeat -of Fernando Wood. The latter is a statesman, -a fine lawyer, quick perception, brilliant talents, -and with all the accusations against him, -proved himself an able, efficient magistrate. -But Tiemann, what shall the historian say of -him? Echo answers write—on his tomb stone—“Here -lies the paint manufacturer, Daniel -F. Tiemann, who was unfortunately elected -Mayor of New York, through a mistake of -his friends. He’s gone—speak gently of his -errors—the city debt mourns—the people they -say—nothing.”</p> - -<hr class='c009' /> - -<p class='c000'>Owing to the large and increasing demand -for the <span class='sc'>Alligator</span>, we are induced, by Mr. -Branch’s friends, to enlarge, consequently next -week will appear a full grown monster—covering -eight pages. Look out for next number. -It will be rich and racy—full of spice.</p> - -<hr class='c009' /> - -<p class='c000'><span class='sc'>An After-thought.</span>—Mayor Tiemann, in -his epistle to the Lord Mayor of London, remarks, -with respect to the Atlantic Telegraph, -that “to God be all praise.” We are glad that -the Mayor has, like Saul of Tarsus, seen a great -light, for last week Cyrus W. Field monopolized -all the praise.</p> - -<hr class='c009' /> - -<p class='c000'><span class='sc'>Niagara Eclipsed.</span>—We had always thought -that Niagara <em>falls</em> were the greatest extant, -but we are mistaken. We have lately discovered -one fall infinitely greater than the above—Mayor -Tiemann’s fall from the good opinion of -the citizens of New York into the arms of James -Gordon Bennett.</p> - -<hr class='c009' /> - -<p class='c000'>“<span class='sc'>A Stick!</span>”—By all means, at all times, we -would have our friends <em>stick</em> beside us; but the -assumed friend, who, seeking help, helped himself -with our <em>composing stick</em>, from <em>beside us</em>, -may he soon need a <em>crutch</em>.—[D.]</p> - -<div class='chapter'> - <h2 class='c005'>A Pertinent Series of Queries.</h2> -</div> - -<div class='lg-container-l c010'> - <div class='linegroup'> - <div class='group'> - <div class='line'><em>To the Editor of the Alligator</em>:</div> - </div> - </div> -</div> - -<div class='c011'><span class='sc'>New York</span>, August 24, 1858.</div> - -<p class='c012'><span class='sc'>Sir.</span>—There are a few things which I, with many others of my -acquaintances, wish to know, relative to the assistant matron of -Randall’s Island, who figured so conspicuously in the press and in -our Court of Sessions for the last month past. Before putting -the questions, I would just say—as the subject of the note is a -lady—if this were the first piece of scandal the citizens of New -York had any knowledge of in connection with our city appointments, -I, for one, would have been the first to have had this -savory morsel consigned to the “tomb of all the Capulets.” Unfortunately -it is not so. It is a well known fact that those who -are fortunate enough to receive the patronage of the corporation -of New York, and of all the lesser organizations in any way connected -with our city, must, at least <em>possess one negative</em> qualification—they -must be thoroughly destitute of honesty. Add to -this a great talent for plundering the public treasury, drinking -any quantity of rum, talking profanely, and well skilled in fistiana, -drinking <em>swill milk</em> and eating <em>swill-fed beef</em>, and, in a word, -in bamboozling everybody. It would appear, from disclosures lately -made in certain quarters, the qualifications of the female portion -of the appointees is in no way higher than the male portion.</p> - -<p class='c012'>The first question is—Did the Ten Governors, or any of them, -<em>know</em> that this woman cohabited, as alleged in the <em>Alligator</em> and -not disputed on the trial, with the individual represented as her -friend? If so, this is a sad spectacle to be exhibited before our -wives and daughters.</p> - -<p class='c012'>In the second place, why did Mayor, then Governor, Tiemann, if -he did not <em>know</em>, prevent this <em>particular friend</em> from visiting the -Island, while he permitted all the lady’s other friends to visit -her?</p> - -<p class='c012'>In the third place, how came this lady to be in want of small -sums of money at different times, and how came she to make her -wants known to Governor Tiemann? And, far more wonderful -still, that he should supply them repeatedly without the former -advance being liquidated? This seems to me passing strange -when we come to reflect on the fact that this woman receives for -her services on the Island $800 per year; no small sum for an assistant -matron.</p> - -<p class='c012'>In the fourth place, if all or any of the above be true—and it -may be true for any thing I know—(the trial of Branch did not at -all touch these questions)—why is the lady not removed from the -Island, for she is totally unfitted for the responsible situation she -now fills? If the charges be false, why does the lady not take immediate -steps to clear herself from this heinous scandal? The -public have a right to demand that she either clear her character -or that she be removed from the Island.</p> - -<div class='lg-container-r c013'> - <div class='linegroup'> - <div class='group'> - <div class='line'>A WORKING MAN.</div> - </div> - </div> -</div> - -<hr class='c009' /> - -<p class='c012'>☞ The <cite>Sunday Mercury</cite> reads us a homily, and attempts to -whitewash the conduct of the Warden of the Penitentiary. -John Smith, Jr., of Arkansas, is a great man in his own estimation, -and it is a pity that the appreciation extends no further.</p> - -<p class='c012'>☞ The <cite>Tribune</cite> attempts to advise the Tammany Committee -with regard to their political action. This is extremely civil -as well as kind, and in return for this the Sachems will probably -vote the Republican ticket. There is nothing more useful -than perseverance, if we except putty.</p> - -<div class='chapter'> - <h2 class='c005'>Supreme Court.</h2> -</div> - -<p class='c006'><em>In the matter of Stephen H. Branch undergoing -sentence for libel.</em>—Mr. Ashmead said he -had obtained a writ of error in this case. He -was at first disposed to let the judgment be -affirmed by this Court without argument, in -order that it might go to the Court of Appeals, -but he was informed by Mr. Branch’s friends -that he is failing so fast that the question is -doubtful whether he will live until the Court -of Appeals meets.</p> - -<p class='c000'>Judge Davies—There is no other business -before the Court.</p> - -<p class='c000'>Mr. Ashmead asked to have a day set down -for the argument in this matter.</p> - -<p class='c000'>Judge Davies—No, sir; we cannot meet -again until the third Monday in September.</p> - -<p class='c000'>Mr. Sedgwick, Assistant District Attorney, -could not consent to the case going on out of -the regular order. He had no doubt but Mr. -McKeon would like to facilitate the argument; -he was, however, out of town, and Mr. Sedgwick -could not name any day.</p> - -<p class='c000'>Mr. Ashmead said that the defendant’s -points were so very clear and the exceptions -taken so indisputable that he had no doubt -that the case could be disposed of in fifteen -minutes.</p> - -<p class='c000'>Mr. Sedgwick said the reason he could not -consent was that Mr. Ashmead had intimated -that he would make no strenuous opposition -to a judgment for the people in this Court, in -order that the case might go to the Court of -Appeals at the next term; Mr. McKeon had -left town with that understanding, but a few -days since Mr. Ashmead gave notice that he -would like to argue the questions here; counsel -for the people were not therefore prepared.</p> - -<p class='c000'>Mr. Ashmead would consent to judgment -for the people <i><span lang="la" xml:lang="la">pro forma</span></i>, but Mr. Branch’s -friends were importuning him to have the matter -disposed of, as they feared he will not survive -until the Court of Appeals meets in September.</p> - -<p class='c000'>The Court suggested that if Mr. Branch’s -health was such that his life was endangered, -he could be admitted to bail.</p> - -<p class='c000'><span class='pageno' id='Page_4'>4</span>Mr. Sedgwick said that he could be bailed -by an order of the Court.</p> - -<p class='c000'>Judge Davies said this Court would adjourn -to to-morrow or Saturday, for the purpose of -hearing the argument, but Mr. Sedgwick could -not say when Mr. McKeon would return. Upon -the suggestion of the Court, the case took the -regular order, to come before the General -Term on the third Monday of September, -which would give them time to go before the -Court of Appeals on the fourth Tuesday of -that month.</p> - -<p class='c000'>Mr. Ashmead said that he had searched the -books, and from the time of Charles the Second -down to the present day, there is no such sentence -to be found on record.</p> - -<p class='c000'>The Court adjourned <i><span lang="la" xml:lang="la">sine die</span></i>.</p> - -<p class='c000'>The following is the substance of Mr. Ashmead’s -points for Branch:</p> - -<p class='c000'>1. In refusing to receive the testimony of -the three witnesses who offered to prove that -they told Branch the matters which he published, -and which were charged as libellous, in -order to rebut the implication of malice.</p> - -<p class='c000'>2. In charging the jury that if the defendant -justified or proved the truth as to two of the -parties charged, yet, that inasmuch as the indictment -embraced a libel on three, he must -still be found guilty.</p> - -<p class='c000'>3. That the whole proceedings are <i><span lang="la" xml:lang="la">coram -non judice</span></i>, the Court having no jurisdiction to -originate bills in case of misdemeanor.</p> - -<p class='c000'>4. In charging the jury that the law presumed -malice from the publication of a libel, -without instructing them at the same time that -it was only a <i><span lang="la" xml:lang="la">prima facie</span></i> presumption, and -could be rebutted by evidence.</p> - -<hr class='c009' /> - -<p class='c000'><span class='sc'>Branch’s Condition.</span>—A gentleman, upon -whose statements we can place the utmost reliance, -tells us that a day or two ago he visited -Branch at Blackwell’s Island. After crossing -the river and reaching the Island, the gentleman -was shown into a small office attached to -the Penitentiary. At this place he saw one of -the clerks present an order from one of the -“Governors,” to be permitted to see Branch. -After a few moments the unfortunate Alligator, -but still indomitable Branch, presented -himself. His face was paler than when in the -city, and his general appearance was that of a -man who was suffering from a want of nutritious -food and the usual comforts of life. Branch -was dressed in the prison costume, his hair -was cropped and his whiskers shaved. He -stated that he was now employed in carrying -the tools used by the people of the quarry, and -that, although the work was not necessarily -too severe, yet the fact that he was confined -all day amid the dust of the quarry, and fed on -food which his system and appetite revolts at, -he was rapidly losing his strength, and was -threatened with a paralysis of his left side. He -stated that he had to get upon several times in -the night to rub his limbs, and that his case -was aggravated from the fact that he was denied -the use of slippers, and had consequently -to stand on the stone floor whenever he was -obliged to rise from his bed. He says that if -the present severe discipline is not alleviated, -he will not live six weeks, and his chest is severely -affected by the dust of the quarry and -the hard labor he has to perform, without adequate -food.—<cite>Daily Times.</cite></p> - -<p class='c000'>A story is told by Sir Walter Scott, of a -Scotch nobleman who had a very ugly daughter -called “Muckle Mouthed Meg,” whom nobody -would look at. Having caught a young -man of good family on his estate in some -scrape, he had him tried and condemned to be -hanged. When the young man appealed to -him, he told him, “The only way I can save -you is by your marrying my ugly daughter.” -The young man said he would be hanged first. -When brought out to the gallows and the rope -was seen hanging ready, the young man cried -out, “Let me have another look at her.”</p> - -<div class='chapter'> - <h2 class='c005'>FALL ELECTION.</h2> -</div> - -<div class='lg-container-r c014'> - <div class='linegroup'> - <div class='group'> - <div class='line in7'><span class='sc'>State of New York</span>, }</div> - <div class='line'><span class='sc'>Office of the Secretary of State</span>, }</div> - <div class='line in15'><span class='sc'>Albany</span>, August 2, 1858. }</div> - </div> - </div> -</div> - -<div class='lg-container-l'> - <div class='linegroup'> - <div class='group'> - <div class='line'><em>To the Sheriff of the County of New York</em>:</div> - </div> - </div> -</div> - -<p class='drop-capa0_0_6 c000'>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='c000'><span class='sc'>A Governor</span>, in the place of John A. King;</p> - -<p class='c000'><span class='sc'>A Lieutenant Governor</span>, in the place or Henry R. Selden;</p> - -<p class='c000'><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='c000'><span class='sc'>An Inspector of State Prisons</span>, in the place of William A. -Russell;</p> - -<p class='c000'>All whose terms of office will expire on the last day of December -next.</p> - -<p class='c000'><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='c000'><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='c000'><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='c000'><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='c000'><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='c000'>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> - -<h3 class='c015'>COUNTY OFFICERS ALSO TO BE ELECTED FOR SAID COUNTY.</h3> - -<p class='c016'><span class='sc'>Seventeen Members of Assembly</span>;</p> - -<p class='c000'><span class='sc'>A Sheriff</span>, in the place of James C. Willett;</p> - -<p class='c000'><span class='sc'>A County Clerk</span>, in the place of Richard B. Connolly;</p> - -<p class='c000'><span class='sc'>Four Coroners</span>, in the place of Frederick W. Perry, Edward -Connery, Robert Gamble and Samuel C. Hills;</p> - -<p class='c000'>All whose terms of office will expire on the last day of December -next.</p> - -<p class='c000'>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> - -<h4 class='c017'><span class='sc'>Chap. 320.</span></h4> - -<p class='c018'>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='c000'>Passed April 17, 1858—three-fifths being present.</p> - -<p class='c019'><em>The People of the State of New York, represented in Senate -and Assembly, do enact as follows</em>:</p> - -<p class='c000'><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='c000'>§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='c000'>§3<a id='t4'></a>. 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='c000'>§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='c000'>§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,</p> - -<div class='lg-container-r'> - <div class='linegroup'> - <div class='group'> - <div class='line'>GIDEON J. TUCKER, Secretary of State.</div> - </div> - <div class='group'> - <div class='line in15'><span class='sc'>Sheriff’s Office</span>,    }</div> - <div class='line in10'><span class='sc'>New York</span>, August 4, 1858. }</div> - </div> - </div> -</div> - -<p class='c000'>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='lg-container-r'> - <div class='linegroup'> - <div class='group'> - <div class='line in13'>JAMES C. WILLET,</div> - <div class='line'>Sheriff of the City and County of New York.</div> - </div> - </div> -</div> - -<p class='c000'>☞ 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='c009' /> - -<p class='drop-capa0_0_6 c000'>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.</p> - -<div class='lg-container-r'> - <div class='linegroup'> - <div class='group'> - <div class='line'>F. B. BALDWIN.</div> - <div class='line'>J. G. BARNUM.</div> - </div> - </div> -</div> - -<p class='c000'>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='c000'>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='c009' /> - -<p class='drop-capa0_0_6 c000'>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='lg-container-r'> - <div class='linegroup'> - <div class='group'> - <div class='line'>JAMES DONNELLY.</div> - </div> - </div> -</div> - -<hr class='c009' /> - -<p class='drop-capa0_0_6 c000'>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='lg-container-r'> - <div class='linegroup'> - <div class='group'> - <div class='line in8'>WILLIAM COULTER, Carpenter,</div> - <div class='line'>Rear of 216 East Twentieth street, New York.</div> - </div> - </div> -</div> - -<hr class='c009' /> - -<p class='drop-capa0_0_6 c000'>W. W. OSBORN, MERCHANT TAILOR, 9 CHAMBER -street, near Chatham street, New York.</p> - -<hr class='c009' /> - -<p class='drop-capa0_0_6 c000'>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='c009' /> - -<p class='drop-capa0_0_6 c000'>FULTON IRON WORKS.—JAMES MURPHY & CO., -Manufacturers of Marine and Land Engines, Boilers, &c. -Iron and Brass Castings. Foot of Cherry Street, East River.</p> - -<hr class='c009' /> - -<p class='drop-capa0_0_6 c000'>ROBERT ONDERDONK.—THIRTEENTH WARD -Hotel, 405 and 407 Grand street, corner of Clinton street, -New York.</p> - -<hr class='c009' /> - -<p class='drop-capa0_0_6 c000'>WILLIAM M. TWEED, CHAIR & OFFICE FURNITURE -Dealer and Manufacturer, No. 289 Broadway, corner -of Read street, New York, Room No. 15.</p> - -<hr class='c009' /> - -<p class='drop-capa0_0_6 c000'>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='c009' /> - -<p class='drop-capa0_0_6 c000'>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='lg-container-r'> - <div class='linegroup'> - <div class='group'> - <div class='line'>WILLIAM A. CONKLIN.</div> - </div> - </div> -</div> - -<hr class='c009' /> - -<p class='drop-capa0_0_6 c000'>GEO. KNAPP & 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='lg-container-r'> - <div class='linegroup'> - <div class='group'> - <div class='line'>GEO. KNAPP.</div> - <div class='line'>H. D. ALBERS.</div> - </div> - </div> -</div> - -<hr class='c009' /> - -<p class='drop-capa0_0_6 c000'>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.</p> - -<hr class='c009' /> - -<p class='drop-capa0_0_6 c000'>EDMUND FOWLER, CARPENTER AND BUILDER, -No. 74 Reade street, near Broadway, New York.</p> - -<p class='c000'>N. B.—All kinds of Jobbing done at short notice.</p> - -<hr class='c009' /> - -<p class='drop-capa0_0_6 c000'>BOWERY NEWS DEPOT, NO. 177 BOWERY.—CONSTANTLY -on hand, Daily, Sunday, and Weekly Papers, Monthly -Magazines, Play Books, Stationery, &c., &c. English Papers per -Steamers. All orders punctually attended to.</p> - -<div class='lg-container-r'> - <div class='linegroup'> - <div class='group'> - <div class='line'>BENNET & CARROLL.</div> - </div> - </div> -</div> - -<hr class='c009' /> - -<p class='drop-capa0_0_6 c000'>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. 163 -Pearl street, New York, and No. 54 Kilby street, Boston. (Factories -at South Boston.) D. Burrill & Co., Agents, New York.</p> - -<hr class='c009' /> - -<p class='drop-capa0_0_6 c000'>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='c009' /> - -<p class='drop-capa0_0_6 c000'>P. C. GODFREY, STATIONER, BOOKSELLER, AND -General News dealer, No. 831 Broadway, New York, near -13th street.</p> - -<hr class='c009' /> - -<p class='drop-capa0_0_6 c000'>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='c009' /> - -<p class='drop-capa0_0_6 c000'>CLINTON LUNCH, OYSTER AND DINING SALOON, -No. 19 Beekman street. The best of Liquors and Cigars.</p> - -<div class='lg-container-r'> - <div class='linegroup'> - <div class='group'> - <div class='line'>GEO. W. WARNER.</div> - <div class='line'>SAMUEL M. MILLER.</div> - </div> - </div> -</div> - -<hr class='c009' /> - -<p class='drop-capa0_0_6 c000'>DAVID WILLIAMS, ATTORNEY AND COUNSELLOR -at Law, No. 15 Centre street, New York.</p> - -<hr class='c009' /> - -<p class='drop-capa0_0_6 c000'>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.</p> - -<p class='c000'>Cane and Wood Seat Chairs, in Boxes, for Shipping.</p> - -<hr class='c009' /> - -<p class='drop-capa0_0_6 c000'>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 class='pbb'> - <hr class='pb c020' /> -</div> -<div class='tnotes'> - -<div class='chapter'> - <h2 class='c005'>TRANSCRIBER’S NOTES</h2> -</div> - <ol class='ol_1 c014'> - <li>Changed “statelites” to “satellites” on p. <a href='#t2'>2</a>. - - </li> - <li>Changed second “§2.” to “§3.” on p. <a href='#t4'>4</a>. - - </li> - <li>Changed “capron” to “capon” on p. <a href='#t2a'>2</a>. - - </li> - <li>Silently corrected typographical errors. - - </li> - <li>Retained anachronistic and non-standard spellings as printed. - </li> - </ol> - -</div> - - - - - - - - -<pre> - - - - - -End of the Project Gutenberg EBook of Stephen H. Branch's Alligator Vol. 1 -No. 20, September 4, 1858, by Stephen H. Branch - -*** END OF THIS PROJECT GUTENBERG EBOOK BRANCH'S ALLIGATOR, SEPT 4, 1858 *** - -***** This file should be named 55090-h.htm or 55090-h.zip ***** -This and all associated files of various formats will be found in: - http://www.gutenberg.org/5/5/0/9/55090/ - -Produced by Richard Tonsing, 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. 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