“ Ashmead then proceeded to explain the law of libel, contending that it was necessary that “malice” should be proved, in order to sustain an indictment for libel. He spoke of the law in England, which would not permit the truth to be given in evidence, and contrasted such with the laws of New York, which provided that if an article was published without malice, it was not libellous; for it permitted a reporter to publish the proceedings of a meeting or of a legislative body without holding him liable, provided it was proved that it had been published without malice. ”

“ I saw the young “lady” of ten, who was married to-day. I was utterly astonished at her prodigious maturity. She was extremely beautiful, and her glances were bewitching, and she seemed very devoted to her young and enthusiastic lover. It rains or pours in these latitudes ten months in the year, which the natives call the wet season. The other two months are called the dry season, when it only rains about twelve times a day. The lightning is sometimes incessant, and the thunder is terrific and makes the alligators look glassy about the eye. ”

“ Now this was a friend indeed a friend he was going to say that “sticketh closer than a brother” (laughter) , but he allowed her to have no friend but himself, although one would suppose that a lone woman should be surrounded by friends. Now these little things loomed up curiously, but his honor was not content with being her friend, he was the friend of her boy? He said it was his duty to procure situations for boys; yes, certainly; but this boy was not then in New York at all—he was in the far West, and not under the control of the Alms House Governors at all. ”

“ The work is truly beautiful and exhilarating at early twilight, when the burning sun is gone, and when, as in last evening, the full moon was emerging with uncommon splendor from the far horizon of a tranquil sea. ”

“ Stephen H. Branch was yesterday convicted of a gross libel on Mayor Tiemann and others, and sentenced by the Recorder to the Penitentiary for one year, and to pay a fine of $250. 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. ”

“ There are turkey buzzards in countless thousands hovering over the city, which greatly alarm the natives. Such flocks were never seen before. The timid and superstitious natives predict the most awful visitations from the sudden appearance of so many buzzards, which darken the air like a cloud with their hideous presence. Some of the natives prognosticate a famine, or others fatal convulsions of nature. ”

“ Ashmead continued to read from the same book, contending that no indictment should be smuggled into a Grand Jury room as this had been. The Mayor, or the Governor, or His Honor on the Bench had no right to adopt a system denied to the meanest citizen; and in their anxiety to punish crime, they should take care that they did not strike a blow at the liberty of the community, nor should Judicial Legislation take away the rights of the citizen. ”

“ Mr. Ashmead next read from the revised statutes, showing that an accused person should have a preliminary examination before being indicted, and contended that a great privilege had been taken from his client, and by this means a blow had been struck at the liberties of the citizen. He alluded to the fact that Mr. Draper had not been before the Grand Jury at all, and yet this poor man had been indicted for a libel on him; this was a proceeding which, if sanctioned by the Jury, would establish a perfect tyranny by breaking down all the safeguards of the law which surrounded the citizen. ”

“ Panama contains an impoverished population, whose leading maintenance is a few merchants of very little energy, who deal in British drillings and manufactures of various kinds. There are some choice relics of the old Castilians who are never seen in the streets by day, but who walk in their rear balconies in the evening to inhale the tropic air. The female Castilians are as beautiful as the Georgians or Circassians, and will not recognize the common natives, nor even the English or Americans, nor the aristocracy or nobility of any country as their equals. ”

“ When such men come to a fire they would all be armed with police powers to protect property, and to bring and use the carts with hose on the fire, until the general alarm became necessary to summon the firemen to the charge, which would seldom happen with such facilities and such an interest to extinguish fires. ”

“ Mr. Ashmead then commented on the conduct of the prosecution in putting in only one half of the libel in the indictment, and keeping out that part which had a foundation in truth, which he said was a piece with the remainder of these proceedings. Such conduct struck a serious blow at our free institutions, and as Erskine said if such proceedings were to obtain, our halls of justice would be turned into altars, and the poor victim would be immolated at the shrine of persecution. ”

“ Body, certain improvements for the prevention and extinguishing of fires, to give greater efficiency to the police and greatly lessen the labors of the Fire Department, and at the same time give greater security to life and property, and the government of our city. ”

“ A police appointed for and during good behavior, with the liberal salary they now receive, and with the additional privilege of securing to themselves annually so large an amount over and above their regular salaries might always be relied on to forward every measure that would tend to secure order and good government. ”

“ We understand that Mr. Ashmead will to-day prepare a bill of exceptions, and move in the Supreme Court for a writ of certiorari and stay of proceedings. The bill will not be settled until late in the day, and the motion in the Supreme Court cannot be made until to-morrow. In case, therefore, that Mr. Branch should be sent to Penitentiary to-day, the motion will not avail him. It is hardly to be presumed that when a motion for arrest of judgment was denied without argument, the prisoner will be allowed time to benefit by an appeal to the Supreme Court. ”

“ The best idea I can give about this place, is its comparison with New York, after the great fires of 1835 and ’46. The tortures and mode of life here are very peculiar. I slept on a bare cot, and with only one sheet over me—sweat like blazes. The meats and cooking are extremely novel. Lizzards, spiders, musquitoes, galinippers and ants, crawl around and over me, and often penetrate the ears and nose. ”

“ They find it their interest to have every man turned out who is either drunken, idle or dishonest, and to have in their place those that are sober, honest and efficient. They find it their interest to close every rum shop that is selling without license, and they will not be long in finding out that a large part of the fires arise from drunkenness and the degradation and carelessness that are the natural results of dissipation. ”

“ Through educating public men, I got into politics. There may be a desire to get me into prison as soon as possible, and so I will be brief.
The Recorder—There is no desire to get you into prison, Mr. Branch.
Branch—I taught the Aldermen till the California mania broke out, when I went to California. I wrote a letter to the New York Herald, about alligators on the Isthmus, which gave me the title of “Alligator.” I taught servants and public men. Alfred Carson wanted me to write his reports for him, which I did. In 1855, I got into the Matsell campaign. I pursued him. You all know the result. ”

“ The necessary facilities for conveniently putting out fires, can be arranged in a short time and at comparatively small expense, by placing a boiler-iron tank of some thirty feet in height, on the top of the present reservoir on Murray Hill. This tank to be filled and kept full of water by a small steam engine provided for that purpose.
And as an additional security I would propose that the present City Hall be raised an additional story, and covered with an iron tank that would hold some ten feet of water. The outside of this tank to be made to represent a cornice around the building. ”

“ If, therefore, the prosecution had examined her, and other evidence would have been admitted which had been shut out, but by the course the prosecution had pursued half the defence was made non-effective. He admitted that what was acknowledged by the Mayor did not amount to proof, yet it was very extraordinary. The Mayor admitted that there was a friend who visited the lady whom he ordered should not be allowed on the island.—There was no impropriety shown in these visits; he came every Sunday, he behaved himself, and yet he was interdicted. ”

“ The offence was outrageous, and will admit of no palliation; but it was hardly good taste in the powerful complainants to take every advantage of a criminal whom many believe to be a monomaniac, and by the extreme vindicativeness of the prosecution, give to the administration of public justice the appearance of private revenge.
The arguments in the case were worthy of the best days of the criminal bar of New York. Mr. Ashmead distinguished himself highly in his appeal for the prisoner, and had the case gone to the jury before the cool and dispassionate reasoning of Mr. ”

“ I hate lizzards, but I can stand spiders and alligators, and the other animalculae of the country tolerably well. A girl only ten years of age was married to-day. This seems incredible, but you may repose implicit confidence in its truth. Females mature more rapidly here than in any other part of the earth. At eight and nine there is often every indication of puberty. ”

“ On entering the city, the natives outside the gates were singing and dancing merrily in honor of some festival. Boys were flying their kites on the road, which they seemed to enjoy like the youth of all countries. There kites were made in the form of a coffin, and fringed on the sides with a very curious tail, partially resembling a rattlesnake. The more genteel natives wore white dresses and Panama hats. These hats are not made in Panama, but at St. ”