[From the N. Y. Sunday Mercury.]
Branch’s Sentence.—Quite unexpectedly the trial of Stephen H. Branch, for libel against Mayor Tiemann, Simeon Draper and Isaac Bell, was brought up and dispatched, during the past week, with a velocity which would make the most wholesome impression, were the rest of the District Attorney’s calendar put through with equal promptness and exemplary effect. Branch was found guilty, and sentenced to one year’s imprisonment on Blackwell’s Island, and two hundred and fifty dollars fine. The Tribune, in alluding to this sentence of Branch by Recorder Barnard, says:
“Considering that the libel, however groundless essentially, appears to have had a real foundation in statements made to Branch by persons whom he undoubtedly believed, and whom his counsel had ready to produce (but their testimony was not allowed), we must consider this sentence a severe one. We believe it will excite for him a sympathy which it is unwise to provoke. Branch, we believe, has been trying pretty hard to libel us in his abusive little sheet; but we have never considered his slanders worth any sort of notice. It may be well to stop his career, but not to make him a martyr. And we say most decidedly, that considering the libel for which he was indicted was really based on information furnished him by persons whom he had reason to believe, we deem his sentence a harsh one, and trust it may be mitigated by pardon.”
By the press generally, the matter is regarded pretty much in the same temper, excepting the anomalous instance of the Herald! That immaculate sheet takes occasion to give utterance to any extent of wrath and indignation against Branch and his Alligator, and characteristically against such of its cotemporaries, present and past, as it would desire to denounce and stigmatise, with an odor which has by no means been washed from its own bedraggled garments. Indeed, as the direct object of the Herald would appear to be a malicious fling at the Spirit of the Times in view of another case on the Recorder’s docket—that of Judge Russell’s indictment—so the Herald lays itself liable to another indictment, which has been duly entered against Bennett for no less than twenty-five thousand dollars.
The Herald’s fulminations, and the political pressure brought to bear upon Branch by his prosecutors must inevitably have the effect of exciting a warm public sympathy for their object. Such, indeed, is the manner in which the infliction of the full penalty of the statute is regarded in this case, that the prosecutors themselves will be forced to step in as petitioners for a pardon, or incur no little odium in the business. Besides, what is very sensibly remarked by the Tribune, as to the foundation of Branch’s charges, it might be added that the public have no means of judging whether those charges are well founded or not. By a course of proceedings altogether extraordinary on the part of the prosecution, the apparent real evidence in the case was completely excluded, and Branch convicted solely upon the oaths of his prosecutors, without an actual investigation of the presumed issue on which the libel originated. The public are largely exercised on the matter, and inquiry is particularly active as to who the “Matron” really is? Why she was not put upon the stand, and what she could have to say for herself? How would her previous character have justified her taking the stand as a witness, or of holding the position she has occupied under the chief magistrate? These points are matters of curious comment among the people, necessarily provoked by the seemingly harsh and rough-shod procedure in the case. It is to be regretted the matter was not fully cleared up by the production of the entire evidence.
How Branch confronts his Fate.—The renowned tamer of alligators—I may as well add, en passant—was duly surrendered to Warden Finch on Thursday, having been escorted hither to his prison by a little host of friends, whose temper indicated no disposition to desert him. Sympathy is strongly in his favor, on the ground, of course, that, whatever may be thought of his offence, his treatment at the hands of the officials and lawyers, has been such as only a weak and comparatively friendless man like him would meet. You will soon see his prosecutors forced to sue for his deliverance, just as eagerly as they have pressed for his imprisonment.
Besides the sensation created here, it has been noticeable that a general scattering—“on leave”—of certain subordinates, has taken place during the late “inquest.” It is doubtful if Stephen will, even here, have a chance to confront the mysterious “matron.” The fright of the trial being apparently over, the fugitives from the Alms-House will doubtless return forthwith. Under the discipline of these precincts they will find their best protection, as well from the impertinence of cross-examining lawyers, as from the no less stringent inquiries of a keen public curiosity, mainly aroused by the suppression of the inside testimony which could be found here. The nature and source of this I have already pointed out. Should the motion in arrest of judgment reopen the trial, it will doubtless be for the admission of the main evidence in the case, so mysteriously and adroitly evaded by the prosecution. Then only can the provoking rumors, now so general, be set at rest, or satisfactorily determined.
The fate of Branch here, it appears, will be in no degree lenient, as there is more than one petty tyrant under the vice royalty who seems desirous of venting his spleen upon the unfortunate man. He has taken his place, it appears, already, by direction of the keepers, beside the common fellows in the quarries. The directions of one of the Governors is quoted to the effect that he would be “put through the roughest course of training any man ever got on the Island.” I have purposely withheld a variety of matters in connection with these precincts this week, until the interests with Stephen, with regard to the Ten Governors, is more definitively settled.
Stephen H. Branch’s Alligator.