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.