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Title: Stephen H. Branch's Alligator Vol. 1 no. 18, August 21, 1858
Author: Branch, Stephen H.
Language: English
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Transcriber Notes
Obvious printer errors, typos and missing punctuation fixed. Archaic,
inconsistent and unusual spelling representing spoken dialect
retained.
A pointing hand in text within the Advertisements has been replicated
using the “White right pointing index” Unicode character (U+261E). If
the device font does not support this character, ☞, it may not
display correctly.
The table of contents has been created and added by the transcriber.
Italics are represented by underscores surrounding the _italic text_.
Small capitals have been converted to ALL CAPS.
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OPINIONS OF THE PRESS. 1
AN IMMORTAL PETITION. 3
FRANK LESLIE AGAIN ARRESTED. 3
Advertisements 4
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[Illustration: STEPHEN H. BRANCH’S ALLIGATOR.]
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Volume I.—No. 18. SATURDAY, AUGUST 21, 1858. Price 2 Cents.
OPINIONS OF THE PRESS.
We conclude, the public feel slightly interested in our libel case;
therefore we shall take the liberty to lay before our readers a few
extracts from the weekly press of our city, as we did in our last the
opinions of the dailies.
[_From the N. Y. Weekly Despatch._]
During the last three months Branch’s _Alligator_ has been the talk of
the town. Through the columns of his little sheet, Branch has made
charges of the most serious nature against prominent citizens and office
holders. At first no notice was taken of these attacks, finally,
however, these charges were so generally talked of that it became
necessary for the parties assailed to notice them. Mayor Tiemann, Simeon
Draper and Supervisor Bell united in a complaint before the Grand Jury,
who found an indictment; whereupon all the rest of the individuals who
had been honored with the attentions of the _Alligator_ set to work to
aid in bringing Branch to justice. His case was set down for trial in
the sessions on Monday last. When the case was called, Branch announced
himself ready for trial; the District Attorney, however, said he would
not be ready till Tuesday. An attempt had been made on Saturday to
prejudice the case by one of his bondsmen, being indused to surrender
Branch, and on Tuesday, in the middle of the trial, Mr. Southworth, the
other bondsman, went into Court and surrendered him. In both cases other
parties came forward and took the places of these pretended friends. By
applying the sharpest rules of legal practice, his testimony was ruled
out and Branch was convicted, and without giving him time to breathe, he
was sentenced to pay a fine of $250 and to be imprisoned in the
Penitentiary for one year. The Recorder in his remarks volunteered the
gentle hint to the rest of the newspapers, that there were a number of
other editors whom he meant to put through a similar course of sprouts.
While we do not care to quarrel with the verdict of the jury, and
certainly do not wish to be understood as advocating the license of the
Press to assail unjustly the character of any individual in the
community, we must say to the Recorder and the parties to the trial,
that we hardly think they will find any other case in which they will be
permitted to put an editor through with quite such railroad speed,
though we admit that if justice were as promptly administered in all
cases, the Court of Sessions would stand much higher in public
estimation. Of the real merits of Branch’s case we have no means of
judging. That he believed the truth of the charges he made we have not
the slightest doubt. If there was any falsehood in the matter, he was
the dupe of it and not the perpetrator, and we sincerely regret that the
prosecutors saw fit to avail themselves of legal technicalities to shut
out what his witnesses had to say. It is quite as unfortunate for them
as it is for Branch. While their suppression consigns him to prison it
leaves the prosecution open to invidious comments, all of which might
have been silenced by dragging the slanderers (if such they are) into
the light of day and refuting these calumnies. That, however, is their
business, not ours. In the meantime poor Branch has been consigned to
the tender mercies of the Ten Governors—one of whom, at least, has
publicly announced his determination to “put him through the _roughest
course of training_ any man ever got on the Island.” We were surprised
to hear that the Governor in question had made this _heartless_ speech.
We supposed him to be a _Christian_ and a _man_, but we cannot reconcile
the idea of striking a fallen and powerless brother as either an
evidence of _Christianity or manhood_, and we trust the Governor will
yet see the impropriety of attempting to put his threat into execution.
We see by this morning’s _Express_, that Branch was on Friday seen in
the quarry with his hands all a mass of blisters, working away under a
broiling sun. This looks as though the Governors intend to give him the
full benefit of his sentence.
The _Herald_ takes the occasion of Branch’s conviction to read us a
lecture on the enormity of scurrility and libel. No other print in the
country is so well qualified for the task. Bennett evidently thinks New
Yorkers have short memories, not to recollect the obscene and licentious
character of the _Herald_ in its earlier days. He has used Branch as
often as any other paper in New York to abuse people towards whom he had
incurred a hostility, but now he is down, Bennett kicks him with the
rest. We perceive that George Wilkes has commenced a libel suit against
Bennett for what he said of _Porter’s Spirit_.
[We have taken the liberty of _italicizing_ a portion of the above
article—_Ed. Alligator._]
[_From the Sunday Times._]
LIBEL CASE CHARACTERISTICS.—The conviction of Stephen H. Branch, before
Recorder Barnard, on Wednesday, of a libel on Mayor Tiemann and two
other public officers, naturally created a sensation. So did the remarks
of the bench. Sentencing Mr. Branch to a year’s imprisonment in the
penitentiary and a fine of two hundred and fifty dollars, while such a
man as Peter Dawson is subjected to incarceration for only sixty days,
is not likely, however, to exert a wholesome effect upon the public
mind. We have no doubt the recorder meant, by his severity, to make an
example of Branch, in order to deter other indiscreet men who are more
led by their impulses than their judgment from indulging in similarly
reprehensible publications: but we conceive that justice administered
with such rigidity, under the peculiar circumstances of the case, might
seem to wear the aspect of persecution; and converting Branch into a
martyr, neither elevates the character of the court, nor wins the moral
sympathy of public opinion. The general mind has really appropriated the
idea that because Branch attacked so important a person as Mayor
Tiemann, the whole power of the corporation has been consolidated into
one grand vindictive effort to crush out the courageous but silly
slanderer. Every one naturally murmurs, therefore, if this be so, who
may not be the next sacrifice? Common rumor does not hesitate to
insinuate that the character of the proceedings taken against Branch,
and the peremptory treatment bestowed upon the counsel for the prisoner,
were the result of a preconcerted arrangement of the authorities. This
assumption believed, who feels secure of justice should he be
unfortunate enough to incur the enmity of a coalition so potential?
Mr. Branch’s libels were coarse, scandalous, and boldly reiterated. It
was difficult to believe them wholly foundationless, because an
investigation was demanded with such persistent audacity. Branch openly
avowed his readiness to establish all his statements, however
defamatory; and although they criminated citizens whose good name we had
always been taught to esteem, they started our incredulity, and set
every thinking mind astir with painful distrust. We were glad,
therefore, to find a legitimate course adopted, and an appeal to the
laws made to decide the truth or falsity of the accusations.
Mr. Branch, as a libeller of the most extravagant kind, merited condign
punishment; but, after all, it is very clear that Mr. Branch’s strange,
wild, energetic, incoherent nature, has been made use of by somebody
else to accomplish his own purposes. Branch has been the catspaw of some
deeper and more sanely plotting intellect behind the curtain; and we
regret that the Recorder considered it necessary to rule out the
testimony which might have introduced us to the principals in this
offensive operation, instead of their harum-scarum instrument. It would
have been, as far as the libelled ones are concerned, much better to
have probed the whole affair to the bottom, even if the exact rule of
evidence had been made to yield temporarily to the exigency. It would
have been better for them to let the public perceive precisely on what
ground all this edifice of mendacity had been constructed. It would have
exhibited the confidence which belongs to conscious innocence. It would
not only have exposed the real wire-workers of this game of wholesale
calumniation, but, in demonstrating the integrity of the parties
assailed, it would have left no unexplained mystery, no dubious point of
fact, around which malice might still gather the shadowy wind-breath of
current scandal. If, however, they are satisfied, we ought to be. We are
not convinced that Randall’s Island is a paradise of official morality,
and the great public would not credit us were we to hazard an assertion
to that effect; but we _are_ satisfied that the particular charges made
by Mr. Branch are untrue, though imposed upon him as truths, and we hope
that, having had their probity completely substantiated in the premises,
the gentlemen so recklessly accused by Mr. Branch are not disposed to be
vindictive.
In conclusion, we must be permitted to say that we do not admire the
tone of the Recorder’s remarks on passing sentence. It is the first time
we have had occasion to allude to this gentleman except in terms of
merited commendation. We entertain a high opinion of his general
impartiality. His promptitude, his disdain for pettifogger’s quibbling,
his nice sense of justice, and his freedom from those tainted
associations which rob the bench in some quarters of dignity and public
confidence, have all contributed to place him in the front rank of our
criminal magistracy. We do not impugn his integrity, therefore, but the
quality of his judgment both in imposing so severe a sentence upon this
weak and foolish victim of designing knaves, and in speaking of “other
libellers,” to all of whom he contemplates meting out a “similar
punishment.” We know very well that he intended to threaten no
respectable press, or to hint at fetters _in terrorem_ upon its proper
independence—but his language may be easily misinterpreted; and when we
consider how liable the most prudent journalist is to daily imposition,
the observation that “this verdict settles the fact that no man can make
an assertion in a newspaper without being liable to be punished
criminally, unless he can substantiate it,” seems to us one of
gratuitous harshness, and in any body else would be called one of
petulence and ill-humor. Branch’s excitement, however, had doubtless
disturbed the usual current of quiet feeling which characterizes the
conduct of the Recorder, and we see the effect. The best of us are open
to these influences, and we are not inclined to forget how much the
community owes to the general honesty and equity of Recorder Barnard, in
our exceptions to what is, perhaps, but a hasty expression or so in the
present instance.
Considering that there are at least 10 or 12 suits for libel pending
against the _Herald_, for gross and malicious libels upon sundry
respectable citizens, it is really refreshing to peruse its comments
upon the warning given by Recorder Barnard in the Branch case, to
libellers generally. What the _Alligator_ IS, the _Herald_ WAS; and if
the latter has improved in decency in proportion as it has increased in
responsibility, necessity, not choice, lies at the bottom of the
metamorphosis. We are afraid that the Recorder’s hint was purposed, in
fact, for the special edification of the _Herald_. And, notwithstanding
that journal’s sudden disposition to saponize _both_ the gentlemen on
the bench of the General Sessions, instead of its customary one, the
Recorder may chance to give its responsible conductor a lesson of
impartiality he little expects by coercing him, despite his
self-importance, to keep company with Mr. Branch, as a reward for some
of his virulent assaults on private character.
[_From the N. Y. Sunday Mercury._]
BRANCH’S SENTENCE.—Quite unexpectedly the trial of Stephen H. Branch,
for libel against Mayor Tiemann, Simeon Draper and Isaac Bell, was
brought up and dispatched, during the past week, with a velocity which
would make the most wholesome impression, were the rest of the District
Attorney’s calendar put through with equal promptness and exemplary
effect. Branch was found guilty, and sentenced to one year’s
imprisonment on Blackwell’s Island, and two hundred and fifty dollars
fine. The _Tribune_, in alluding to this sentence of Branch by Recorder
Barnard, says:
“Considering that the libel, however groundless essentially, appears to
have had a real foundation in statements made to Branch by persons whom
he undoubtedly believed, and whom his counsel had ready to produce (but
their testimony was not allowed), we must consider this sentence a
severe one. We believe it will excite for him a sympathy which it is
unwise to provoke. Branch, we believe, has been trying pretty hard to
libel _us_ in his abusive little sheet; but we have never considered his
slanders worth any sort of notice. It may be well to stop his career,
but not to make him a martyr. And we say most decidedly, that
considering the libel for which he was indicted was really based on
information furnished him by persons whom he had reason to believe, we
deem his sentence a harsh one, and trust it may be mitigated by pardon.”
By the press generally, the matter is regarded pretty much in the same
temper, excepting the anomalous instance of the _Herald_! That
immaculate sheet takes occasion to give utterance to any extent of wrath
and indignation against Branch and his _Alligator_, and
characteristically against such of its cotemporaries, present and past,
as it would desire to denounce and stigmatise, with an odor which has by
no means been washed from its own bedraggled garments. Indeed, as the
direct object of the _Herald_ would appear to be a malicious fling at
the _Spirit of the Times_ in view of another case on the Recorder’s
docket—that of Judge Russell’s indictment—so the _Herald_ lays itself
liable to another indictment, which has been duly entered against
Bennett for no less than twenty-five thousand dollars.
The _Herald’s_ fulminations, and the political pressure brought to bear
upon Branch by his prosecutors must inevitably have the effect of
exciting a warm public sympathy for their object. Such, indeed, is the
manner in which the infliction of the full penalty of the statute is
regarded in this case, that the prosecutors themselves will be forced to
step in as petitioners for a pardon, or incur no little odium in the
business. Besides, what is very sensibly remarked by the _Tribune_, as
to the foundation of Branch’s charges, it might be added that the public
have no means of judging whether those charges are well founded or not.
By a course of proceedings altogether extraordinary on the part of the
prosecution, the apparent real evidence in the case was completely
excluded, and Branch convicted solely upon the oaths of his prosecutors,
without an actual investigation of the presumed issue on which the libel
originated. The public are largely exercised on the matter, and inquiry
is particularly active as to who the “Matron” really is? Why she was not
put upon the stand, and what she could have to say for herself? How
would her previous character have justified her taking the stand as a
witness, or of holding the position she has occupied under the chief
magistrate? These points are matters of curious comment among the
people, necessarily provoked by the seemingly harsh and rough-shod
procedure in the case. It is to be regretted the matter was not fully
cleared up by the production of the entire evidence.
HOW BRANCH CONFRONTS HIS FATE.—The renowned tamer of alligators—I may as
well add, _en passant_—was duly surrendered to Warden Finch on Thursday,
having been escorted hither to his prison by a little host of friends,
whose temper indicated no disposition to desert him. Sympathy is
strongly in his favor, on the ground, of course, that, whatever may be
thought of his offence, his treatment at the hands of the officials and
lawyers, has been such as only a weak and comparatively friendless man
like him would meet. You will soon see his prosecutors forced to sue for
his deliverance, just as eagerly as they have pressed for his
imprisonment.
Besides the sensation created here, it has been noticeable that a
general scattering—“on leave”—of certain subordinates, has taken place
during the late “inquest.” It is doubtful if Stephen will, even here,
have a chance to confront the mysterious “matron.” The fright of the
trial being apparently over, the fugitives from the Alms-House will
doubtless return forthwith. Under the discipline of these precincts they
will find their best protection, as well from the impertinence of
cross-examining lawyers, as from the no less stringent inquiries of a
keen public curiosity, mainly aroused by the suppression of the inside
testimony which could be found here. The nature and source of this I
have already pointed out. Should the motion in arrest of judgment reopen
the trial, it will doubtless be for the admission of the main evidence
in the case, so mysteriously and adroitly evaded by the prosecution.
Then only can the provoking rumors, now so general, be set at rest, or
satisfactorily determined.
The fate of Branch here, it appears, will be in no degree lenient, as
there is more than one petty tyrant under the vice royalty who seems
desirous of venting his spleen upon the unfortunate man. He has taken
his place, it appears, already, by direction of the keepers, beside the
common fellows in the quarries. The directions of one of the Governors
is quoted to the effect that he would be “put through the roughest
course of training any man ever got on the Island.” I have purposely
withheld a variety of matters in connection with these precincts this
week, until the interests with Stephen, with regard to the Ten
Governors, is more definitively settled.
----------------------------------------------------------------
Stephen H. Branch’s Alligator.
------------------------------------------------------
New York, Saturday, August 21, 1858.
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If there be one thing more than another on which we had fully made up
our minds it is this: that our country is pre-eminently free—yea, the
freest in the whole family of nations. But the history of the past week
has taught us how very easily it is to be mistaken.
The trial of Stephen H. Branch in our Court of Sessions, a few days ago,
teaches us a lesson which we ought not soon to forget. From the time
that our great nabob, Mayor Tiemann, associated with the Peter Cooper
_guild_, first made their complaint, or “Trinity” of complaints, down to
the passing of the sentence in the Court of Sessions, the trial was one
of the most vindictive and one-sided affair, on the part of the
prosecution, that we recollect during our sojourn on this “miserable
globe.”
In the first place, it was proved on the trial that one of the
complainants, or more properly _persecutors_, had never been before the
Grand Jury. In the second place, it would appear that indictments by the
dozen must have been preferred against the accused; for if we recollect
aright, he was arrested every day for nearly a fortnight, previous to
his trial. And again we have been told—how far it is true we care not to
inquire—that one man who professed great friendship for him, and became
his bail on the last arrest, two days before his trial, on the following
day withdrew his bail, and delivered the unfortunate man up to his
adversaries; and in consequence of this latter act realised a contract
from the city authorities. “Save us from our friends.”
If all this be true, it is one of the most arrant pieces of villany ever
recorded of Christian men.
When we come into court we, unfortunately, if possible, find things
worse. The ruling of the Judge was altogether too strict—too severe—in
fact too arbitrary. The Judge, it appears to us, made it a point of his
business to shield, as much as possible, the complainants on the one
hand, by interfering in behalf of the Mayor, when he was being
cross-questioned by defendant’s Counsel; whilst on the other hand he
ruled out the principal evidence in support of the defendant, and of
course deprived the accused of the slightest shadow of a chance to
establish his innocence.
Then comes the Recorder’s charge to the Jury. And that we think is in
keeping; or, perhaps, we ought to say an improvement on the spirit of
the whole proceedings. Let any one sit down and read that charge calmly
and dispassionately, and we venture to assert that for severity the
reader cannot find a case to surpass it, nor perhaps even to equal it in
the history of modern English jurisprudence.
Then, if we consider the hurried manner in which the prosecution got up
this trial, and their mode of conducting it, as described above, we must
consider the proceedings unwarranted by the premises; and forms a great
contrast to the tardy manner in which our Courts mete out their
infinitismal doses of punishment to Thieves, Burglars, Murderers and
Desperadoes.
There is still another charge, which in our opinion is the gravest of
all. After the rendition of the verdict the counsel for the defence
moved a stay of proceedings; now mark the reply of his honor. _That he
had yesterday considered the possibility of such an application, and
had_ THEN MADE UP HIS MIND _that it could not be granted_. So from this
it would appear, that the whole affair was settled before the parties
came into court; and so far as the trial goes, it was simply a
collateral incident of the proceedings, and not at all an operation for
attaining the great end of justice.
Now, we do not say a word as to the guilt or innocence of Mr. Branch. He
may be guilty—he may be innocent; we are just as far, if not farther,
from that point than we were a month ago; and this is the ground of our
complaint.
If such proceedings be allowed permanently to obtain in our courts of
justice, then we say that “trial by jury becomes a mockery, a delusion,
and a snare.”
------------------------------------
AN IMMORTAL PETITION.
_The Wise Peter Cooper, and his most extraordinary proposal of a Tank on
the summit of the City Hall, for the extinguishment of disastrous
conflagrations._
[Document No. 13.]
BOARD OF ALDERMEN, }
February 6, 1854. }
The following petition of Peter Cooper, in relation to the prevention
and extinguishing of fire, and to give greater efficiency to the Police
Department, was received and laid on the table and ordered to be
printed.
D. T. VALENTINE,
Clerk.
To the Hon. the Mayor and Common Council of the city of New York.
[CONCLUDED.]
It must be apparent to every reflecting mind that the great extent of
our city already, imposes a burden on the present firemen so great, that
we have no right to expect that it will be borne a great while longer by
a voluntary Fire Department.
It is evident that something should be done at once to furnish the Fire
Department, the relief that they have a right to expect from the
excessive labor that is unavoidable in drawing their engines to and
from, and the hazzard and fatigue of working them at the numerous fires
that take place.
In the opinion of your subscriber, the plan of placing light carts with
hose at convenient distances in every street, to be at the service of a
body of police, all interested to use this hose for the extinguishment
of fires with the greatest possible energy and effect, is the best that
can be adopted. By this arrangement it is safe to calculate that the
present Fire Department will be relieved from something like three
quarters of the duties they are now called upon to perform. As an
equivalent for this relief, I propose that the Fire Department shall
become the guard of honor for our city, to be called out as firemen or
soldiers whenever their services are required by the proper authorities
of our city. This arrangement proposes to continue the present Fire
Department with every privilege they now enjoy, and relieve them from
more than half the labors they are now required to perform.
It is believed by your subscriber, that the plan proposed will make the
Fire Department and also the present active Police Department, the most
useful and honorable bodies of men in our city. The hearty co-operation
of the members of the Fire Department, and also the members of the
Police to secure for our city the blessings which must naturally result
from this arrangement, will entitle them not only to the pecuniary
advantages that must result to themselves and their families, but to the
lasting gratitude and respect of every worthy inhabitant of our city.
It is worthy of remark that the insurance companies of this city have
now in their employ eighty (80) men, at an expense of thirty (30)
thousand dollars a year, to watch against fires. I am informed that they
intend greatly to increase this force; in addition, your subscriber,
with a great number of merchants and private families, have for years
constantly employed private watchmen, to guard our stores and watch our
dwellings from robbery and fires. All that these cost, and more, would
be gladly contributed to a body of police who would, by a faithful
performance of duty, secure the necessary relief for our Fire
department, by lessening annually the number of fires, and also by
reducing the amount of property stolen below the average agreed upon.
I have taken the liberty to invite the attention of your honorable body
to an ARRANGEMENT AND PRINCIPLE by which a large majority of all the
officers in the employ of the city will become pecuniarily and otherwise
interested in a faithful performance of their duty. Such performance
will not only secure to them the large fund provided by the Corporation,
and in addition the fund to be recovered from the insurance companies,
as a reward for reducing the loss by fire below the average agreed upon,
but they would, in addition, find the faithful performance of duty the
surest relief from excessive labor, by diminishing the number of fires
and the amount of crime that now form so great and so unpleasant a part
of their present labor.
The principal idea in the foregoing communication, was presented by your
subscriber to a previous Common Council, some twelve years since, under
a full sense of the great advantages that would result by saving
millions of property annually from destruction, and what is of more
value, it would save the health and morals of thousands of the best and
most enthusiastic young men of our city from being broken down and
destroyed by their loss of time and the excessive labor occasioned by
the numerous fires that take place, and which would mainly be prevented
by adopting the arrangement proposed.
All of which is most respectfully submitted.
Yours, with great respect,
PETER COOPER.
------------------------------------
WE have no doubt that by this time it is pretty generally understood,
that we have an engagement to fulfil, with the co-operation which, for
the present, requires our almost constant attentions. We offer this as
an excuse, partly for some very excellent extracts from the press, which
our readers will accept, together with our best wishes. We also indulge
in the hope that in our Geological researches among the islands of the
sea, that we shall make some valuable discoveries which will be of use
to the inhabitants of the earth, and to the dwellers in Gotham in
particular.
------------------------------------
A CAPITAL HOAX.—Some men plagiarise the thoughts of others, without
being at all aware of the pungency of the fact as regards themselves.
The _Herald_, in alluding to a few of the “minor press,” gotten up and
“spiced” precisely as the _Herald_ itself originally was, when it first
attracted public attention, remarked: “These fellows must be taught that
they cannot use the liberty of the press so far as to make it the
vehicle of their dirty thoughts and dirtier expressions, and that an
honorable profession is not to be degraded because they hang upon its
skirts, like foul birds hovering over their prey.” The beauty of it is,
this extract is, word for word, the language employed by the _Courier
and Enquirer_, in March, 1842, in relation to the _Herald_
itself!—_Mercury._
------------------------------------
FRANK LESLIE AGAIN ARRESTED.
RICH SCENE AT THE TOMBS!
[_From the Sunday Times._]
Frank Leslie was again arrested yesterday morning, on complaint of
Aldermen Reed and Tuomy. The officer told Mr. Leslie that his orders
were imperative to take him at once before Justice Osborne at the Tombs,
without allowing him to send for counsel or seek for bail. On arriving
at the Tombs, they were met by Aldermen Tuomy and Reed, accompanied by
Mr. John Graham, their counsel. Justice Osborne asked Mr. Leslie if he
demanded an examination. Mr. Leslie stated that he had not been allowed
time to send for his counsel, and did not know what course to pursue.
Justice Osborne said he could have time to send for counsel and for
bail.
Mr. Graham then produced the complaints. That of Alderman Reed set forth
that Mr. Leslie had published a picture representing him in the garb of
a butcher, with a party of Irishmen driving a miserable and
diseased-looking cow, without tail or horns, up to his stall. The leader
of the party, Mr. Mike O’Flannagan, is represented as saying: “I read
you tould the aldermen t’other day that swill-fed beef was worth half a
cent a pound more than any other kind of meat. Here’s a beauty, yer
honor; doesn’t he look fat and luscious? Arrah! don’t yer eyes wather to
look at it?—Here’s the baste; we’ve brought it on purpose fer yez. Hand
us over the dimes!”
Alderman Reed is represented as saying:—“I don’t deal in that kind of
beef. I stated that as an alderman, not as a butcher.”
Ald. Tuomy makes two complaints against Mr. Leslie. In the first one
Ald. Tuomy is represented as a ranting, roaring Irishman on board the
Ericsson, with a bottle of whisky in one hand and a shillelah in the
other, saying—“If I catch the “Tribune” reporter I’ll throw him
overboard, G—d d—n him.” The second one embraces an alleged libellous
article, and a caricature of Aldermen Tuomy and Reed, in which their
nasal peculiarities are most outrageously magnified. Mr. Graham stated
to the court that he desired to compel Leslie to give $2,500 bail in
each case; in the two former instances, to keep the peace for twelve
months, and abstain from publishing any more caricatures; and in the
third case to answer criminally to the Sessions. Mr. Graham proceeded to
say, that they intended to show these English scoundrels that they could
not libel and caricature respectable citizens with impunity.
Mr. Leslie said—“You had better keep cool, Mr. Graham.”
Mr. Graham, who was evidently very much excited, jumped up and
said—“Don’t speak to me, you scoundrel, or I shall not be answerable for
the consequences. I ask your Honor to note that this is an attempt to
intimidate respectable counsel. These fellows intend to caricature the
whole court. I’ll neck the first man I see take out a pencil. [At this
juncture our reporter took out his pencil and began to take notes.] The
first acquaintance I ever had with him showed him (pointing to Leslie)
to be a d—d scoundrel. If they will meet me on any flat in New York
(pointing to Leslie and his friend Watson), I’ll take the heads off both
of them. I’ll show them by the swelling of their chops there’s no Miss
Nancyism about me” [shaking his fist in their faces].
Mr. LESLIE—“We are gentlemen—we are no pugilists, Mr. Graham.”
Mr. Graham.—“You are a G—d d—d English thief. I can lick the pair of
you.”
Judge Osborne.—“Mr. Graham, you must stop this, as I can’t allow it.”
Mr. Graham.—“Within the past seventy-two hours he has sent a shaft to
the heart of the only remaining parent I have on earth, and the other
night I went down alone past his establishment, intending if I met him
on the curb to whip him like a dog.”
Mr. Leslie asked if the court intended to allow such procedings to
continue. They were gentlemen, and not blackguards.
Ald. Reed.—“If they are gentlemen, one has sailed under an alias for the
past five years.”
Mr. Leslie.—“That is not true.”
Justice Osborne.—“Gentlemen, you must stop this.”
Mr. Graham.—“The only question is, are two gentlemen to be constantly
libelled by these English transports? They contaminate the air. If I
stay in the room with them much longer, I shall suffocate. [Pointing to
them.]. See what mean-looking English thieves they are!”
At this juncture, a gentleman, who we believe is Mr. Leslie’s printer,
got up and told Mr. Graham that he must not speak to him in that way.
This style of conversation continued some time longer, but did not lead
to any breach of the peace, although it was evident that Mr. Graham
needed but a very small provocation to make him take off his coat and
“go in.”
Mr. Leslie gave the required bail to keep the peace, justifying himself,
in $5,000, and two sureties of $2,500 each. Messrs. Sam S. Sherwood and
Alexander Douglass became his bail.
------------------------------------------------------------------------
Advertisements—25 Cents a line.
Credit.—From two to four seconds, or as long as the Advertiser can hold
his breath! Letters and Advertisements to be left at No. 114
Nassau-street, second story, front room.
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COREY AND SON, MERCHANT’S EXCHANGE, WALL street, New York, Notaries
Public and Commissioners—United States Passports issued in 36
hours.—Bills of Exchange, Drafts, and Notes protested,—Marine protests
noted and extended.
EDWIN F. COREY,
EDWIN F. COREY, JR.
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HERRING’S PATENT CHAMPION FIRE AND BURGLAR Proof Safe, with Hall’s
Patent Powder Proof Locks, afford the greatest security of any Safe in
the world. Also, Sideboard and Parlor Safes, of elegant workmanship and
finish, for plate, &c.
S. C. HERRING & CO.,
251 Broadway.
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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.
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J. VAN TINE, SHANGAE RESTAURANT, No. 2 DEY street, New York.
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S. & J. W. BARKER, GENERAL AUCTIONEERS & REAL ESTATE BROKERS. Loans
negotiated. Houses and Stores Rented, Stocks and Bonds Sold at Auction
or Private Sale.
Also, FURNITURE SALES attended to at private houses. Office, 14 Pine
street, under Commonwealth Bank.
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CARLTON HOUSE, 496 BROADWAY, NEW YORK. Bates and Holden, Proprietors.
THEOPHILUS BATES.
OREL J. HOLDEN.
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GERARD BETTS & CO., AUCTION AND COMMISSION Merchants, No. 106, Wall
street, corner of Front street, New York.
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SAMUEL SNEDEN, SHIP & STEAMBOAT BUILDER.—My Office is at No. 31 Corlears
street, New York; and my yards and residence are at Greenpoint. I have
built Ships and Steamers for every portion of the Globe, for a long term
of years, and continue to do so on reasonable terms.
SAMUEL SNEDEN.
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FULLMER AND WOOD, CARRIAGE MANUFACTURERS, No. 239 West Nineteenth
street, New York.
Horse-shoeing done with dispatch, and in the most scientific manner, and
on reasonable terms.
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BOOT & SHOE EMPORIUM.—EDWIN A. BROOKS, IMPORTER and Manufacturer of
Boots, Shoes and Gaiters, Wholesale and Retail, No. 575 Broadway, and
150 Fulton Street, New York.
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WILLIAM M. SOMERVILLE, WHOLESALE AND RETAIL Druggist and Apothecary, 205
Bleecker street, corner of Minetta, opposite Cottage Place, New York.
All the popular Patent Medicines, Fresh Swedish Leeches, Cupping, &c.
Physicians’ Prescriptions accurately prepared.
WM. M. SOMERVILLE.
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A. W. & T. HUME, MERCHANT TAILORS, No. 82 6th Avenue, New York. We keep
a large and elegant assortment of every article that a gentleman
requires. We make Coats, Vests and Pants, after the latest Parisian
fashions, and on reasonable terms.
A. W. & T. HUME.
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THE WASHINGTON, BY BARTLETT & GATES, No. 1 Broadway, New York. Come and
see us, good friends, and eat, and drink, and be merry, in the same
capacious and patriotic halls where the immortal Washington’s voice and
laugh once reverberated.
O come to our Hotel,
And you’ll be treated well.
BARTLETT & GATES.
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MCSPEDEN & BAKER, STATIONERY WAREHOUSE and Envelope Manufactory, Nos.
29, 31, and 33 Beekman St., New York.
ENVELOPES of all patterns, styles and quality on hand, and made to order
for the trade and others, by Steam Machinery. Patented April 8th, 1856.
----------------------------------------------------------------
FULTON IRON WORKS.—JAMES MURPHY & CO., Manufacturers of Marine and Land
Engines, Boilers, &c. Iron and Brass Castings. Foot of Cherry Street,
East River.
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BRADDICK & HOGAN, SAILMAKERS, No. 272 SOUTH Street, New York.
Awnings, Tents and Bags made to order.
JESSE A. BRADDICK,
RICHARD HOGAN.
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EDWARD PHALON & SON, NOS. 497 AND 517 BROADWAY, New York—Depots for the
sale of Perfumery, and every article connected with the Toilet.
We now introduce the “BOUQUET D’OGARITA, or Wild Flower of Mexico,”
which is superior to anything of the kind in the civilized world.
EDWARD PHALON & SON.
----------------------------------------------------------------
FALL ELECTION.
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STATE OF NEW YORK, }
OFFICE OF THE SECRETARY OF STATE, }
ALBANY, August 2, 1858. }
_To the Sheriff of the County of New York_:
SIR—NOTICE IS HEREBY GIVEN, THAT AT THE GENERAL, Election to be held in
this State on the Tuesday succeeding the first Monday in November next,
the following officers are to be elected, to wit:
A GOVERNOR, in the place of John A. King;
A LIEUTENANT GOVERNOR, in the place of Henry R. Selden;
A CANAL COMMISSIONER, in the place of Samuel B. Ruggles, appointed in
place of Samuel S. Whallon, deceased;
AN INSPECTOR OF STATE PRISONS, in the place of William A. Russell;
All whose terms of office will expire on the last day of December next.
A REPRESENTATIVE in the Thirty-sixth Congress of the United States, for
the Third Congressional District, composed of the First, Second, Third,
Fifth and Eighth Wards in the city of New York.
A REPRESENTATIVE in the Thirty-sixth Congress of the United States, for
the Fourth Congressional District, composed of the Fourth, Sixth, Tenth
and Fourteenth Wards in the city of New York;
A REPRESENTATIVE in the Thirty-sixth Congress of the United States, for
the Fifth Congressional District, composed of the Seventh and Thirteenth
Wards of the city of New York, and the Thirteenth, Fourteenth, Fifteenth
and Sixteenth Wards of Brooklyn;
A REPRESENTATIVE in the Thirty-sixth Congress of the United States, for
the Sixth Congressional District, composed of the Eleventh, Fifteenth
and Seventeenth Wards in the City of New York;
A REPRESENTATIVE in the Thirty-sixth Congress of the United States, for
the Seventh Congressional District, composed of the Ninth, Sixteenth,
and Twentieth Wards in the City of New York;
And also, a REPRESENTATIVE in the Thirty-sixth Congress of the United
States for the Eighth Congressional District, composed of the Twelfth,
Eighteenth, Nineteenth, Twenty-first, and Twenty-second Wards in the
City of New York.
COUNTY OFFICERS ALSO TO BE ELECTED FOR SAID COUNTY.
SEVENTEEN MEMBERS OF ASSEMBLY;
A SHERIFF, in the place of James C. Willett;
A COUNTY CLERK, in the place of Richard B. Connolly;
FOUR CORONERS, in the place of Frederick W. Perry, Edward Connery,
Robert Gamble and Samuel C. Hills;
All whose terms of office will expire on the last day of December next.
The attention of Inspectors of Election and County Canvassers is
directed to Chapter 320 of Laws of 1858, a copy of which is printed, for
instructions in regard to their duties under said law, “submitting the
question of calling a Convention to revise the Constitution and amend
the same to the people of the State.”
CHAP. 320.
AN ACT to submit the question of calling a Convention to revise the
Constitution and amend the same, to the People of the State:
Passed April 17, 1858—three-fifths being present.
_The People of the State of New York, represented in Senate and
Assembly, do enact as follows_:
SECTION 1. The Inspectors of Election in each town, ward, and election
district in this State, at the annual election to be held in November
next, shall provide a proper box to receive the ballots of the citizens
of this State entitled to vote for members of the Legislature at such
election. On such ballot shall be written or printed, or partly written
and printed, by those voters who are in favor of a Convention, the
words: “Shall there be a Convention to Revise the Constitution and amend
the same? Yes.” And by those voters who are opposed thereto, the words:
“Shall there be a Convention to Revise the Constitution and amend the
same? No.” And all citizens entitled to vote as aforesaid shall be
allowed to vote by ballot as aforesaid, in the election district in
which he resides, and not elsewhere.
§2. So much of the articles one, two and three, of title four, of
chapter one hundred and thirty, of an act entitled “An act respecting
elections other than for militia and town officer,” passed April fifth,
eighteen hundred and forty-two, and the acts amending the same, as
regulates the manner of conducting elections and challenges, oaths to be
administered, and inquiries to be made, of persons offering to vote,
shall be deemed applicable to the votes to be given or offered under the
act: and the manner of voting and challenges, and the penalties for
false swearing, prescribed by law, are hereby declared in full force and
effect in voting or offering to vote under this act.
§3. The said votes given for and against a convention, in pursuance of
this act, shall be canvassed by the Inspectors of the several election
districts or polls of the said election in the manner prescribed by law,
and as provided in article four, of title four, of chapter one hundred
and thirty of the said act, passed April fifth, eighteen hundred and
forty-two, and the acts amending the same, as far as the same are
applicable; and such canvass shall be completed by ascertaining the
whole number of votes given in each election district or poll for a
convention, and the whole number of votes given against such convention,
in the form aforesaid; and the result being found, the inspectors shall
make a statement in words, at full length, of the number of ballots
received in relation to such convention, and shall also state in words,
at full length, the whole number of ballots having thereon the words,
“Shall there be a Convention to revise the Constitution and amend the
same? No.” Such statements as aforesaid shall contain a caption, stating
the day on which, and the number of the district, the town or ward, and
the county at which the election was held, and at the end thereof a
certificate that such statement is correct in all respects, which
certificate shall be subscribed by all the inspectors, and a true copy
of such statement shall be immediately filed by them in the office of
the clerk of the town or city.
§4. The original statements, duly certified as aforesaid, shall be
delivered by the inspectors, or one of them to be deputed for that
purpose, to the supervisor, or, in case there be no supervisor, or he
shall be disabled from attending the board of canvassers, then to one of
the assessors of the town or ward, within twenty-four hours after the
same shall have been subscribed by such inspectors, to be disposed of as
other statements at such election, are now required by law.
§5. So much of articles first, second, third, and fourth, of title
fifth, of chapter one hundred and thirty, of the act entitled, “An act
respecting elections other than for militia and town officers,” and the
acts amending the same, as regulates the duties of County Canvassers and
their proceedings, and the duty of County Clerks, and the Secretary of
State, and the Board of State Canvassers, shall be applied to the
canvassing and ascertaining the will of the people of this State in
relation to the proposed convention; and if it shall appear that a
majority of the votes or ballots given in and returned as aforesaid are
against a convention, then the said canvassers are required to certify
and declare that fact by a certificate, subscribed by them; and filed
with the Secretary of State: but if it shall appear by the said canvass
that a majority of the ballots or votes given as aforesaid are for a
convention, then they shall by like certificates, to be filed as
aforesaid, declare that fact; and the said Secretary shall communicate a
copy of such certificate to both branches of the Legislature, at the
opening of the next session thereof.
Yours, respectfully,
GIDEON J. TUCKER, Secretary of State.
SHERIFF’S OFFICE, }
NEW YORK, August 4, 1858. }
The above is published pursuant to the notice of the Secretary of State,
and the requirements of the Statute in such case made and provided.
JAMES C. WILLET,
Sheriff of the City and County of New York.
☞ All the public newspapers in the county will publish the above once in
each week until the election, and then hand in their bills for
advertising the same, so that they may be laid before the Board of
Supervisors, and passed for payment. See Revised Stat, vol. 1, chap. 6,
title 3, article 2d, part 1st, page 140.
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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.
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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.
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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.
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W. W. OSBORN, MERCHANT TAILOR, 9 CHAMBER street, near Chatham street,
New York.
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SOLOMON BANTA, ARCHITECT, NO. 93 AMOS STREET, New York. I have built as
many houses and stores as any Architect in this city, or the United
States, and I can produce vouchers to that effect; and I flatter myself
that I can build edifices that will compare favorably, in point of
beauty and durability, with those of any Architect in this country. I am
prepared to receive orders in my line of business at No. 93 Amos street,
New York.
SOLOMON BANTA.
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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.
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GEO. KNAPP & CO., WHOLESALE AND RETAIL Dealers in Butter, Cheese, Eggs,
Poultry and country produce, No. -- Clinton Market, opposite Page’s
Hotel, New York.
GEO. KNAPP.
H. D. ALBERS.
----------------------------------------------------------------
H. JONES & HOFF, whose place of business is in front of the Astor House,
keep all the latest publications of the day, including all the Daily and
Weekly Newspapers. The public patronage is most respectfully solicited.
----------------------------------------------------------------
EDMUND FOWLER, CARPENTER AND BUILDER, No. 74 Reade street, near
Broadway, New York.
N. B.—All kinds of Jobbing done at short notice.
----------------------------------------------------------------
BOWERY NEWS DEPOT, NO. 177 BOWERY.—CONSTANTLY on hand, Daily, Sunday,
and Weekly Papers, Monthly Magazines, Play Books, Stationary, &c., &c.
English Papers per Steamers. All orders punctually attended to.
BENNET & CARROLL.
----------------------------------------------------------------
AMERICAN GLASS COMPANY, MANUFACTURE AND keep constantly on hand at their
Warehouse, Plain, Moulded and Cut Flint Glass Ware, in all its
varieties. Also Druggists’ and Perfumers’ Ware of all Kinds. Wholesale
Warehouses, No. 168 Pearl street, New York, and No. 54 Kilby street,
Boston. (Factories at South Boston.) D. Burrill & Co., Agents, New York.
----------------------------------------------------------------
JNO. WARD, JR., REAL ESTATE AGENT, OFFICES No. 5 Tryon Row, corner
Chatham street, (opposite the Park,) New York, and 4th Avenue, near
126th street, Harlem.
----------------------------------------------------------------
P. C. GODFREY. STATIONER, BOOKSELLER, AND General News dealer, No. 831
Broadway, New York, near 13th street.
----------------------------------------------------------------
AUGUST BRENTANO, CORNER OF HOUSTON STREET and Broadway, has all the
latest Publications, and receives all the Foreign Papers by every
steamer. He also has the back numbers of almost every paper published,
including Branch’s “Alligator.”
----------------------------------------------------------------
CLINTON LUNCH, OYSTER AND DINING SALOON, No. 19 Beekman street. The best
of Liquors and Cigars.
GEO. W. WARNER.
SAMUEL M. MILLER.
----------------------------------------------------------------
DAVID WILLIAMS, ATTORNEY AND COUNSELLOR at Law, No. 15 Centre street,
New York.
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J. W. MASON, MANUFACTURER, WHOLESALE AND Retail dealers in all kinds of
Chairs, Wash Stands, Settees, &c., No. 377 and 379 Pearl street, New
York.
Cane and Wood Seat Chairs, in Boxes, for Shipping.
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BENJAMIN JONES, COMMISSION DEALER, IN REAL Estate, Houses and Stores and
Lots for sale in all parts of the City. Office at the junction of
Broadway, Seventh avenue, and Forty-sixth street.
*** End of this LibraryBlog Digital Book "Stephen H. Branch's Alligator Vol. 1 no. 18, August 21, 1858" ***
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