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 peoplepro 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 adjournedsine 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 arecoram 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 aprima faciepresumption, 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.”