The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-10-20
The New Yo,k Hotel DifficuIty-Trial OF DIR.
Cnirnrdet for q Fclonious Assault upon
Hiram cxcnston.
CorRI or GENERAL SESSIONS.
Before Recorder Barnard.

CorRu OF GENERAL SESSIONS.
Before Recorder Barnard.
OCTOBER ls-Ai the opening Of tue Court this morning
we case o. Ut. Theodore Gaiihrde indicted for fslo
NOUS assault upon Hiram Canscn, proprietor Of the New
York Hotel, on the 2Gth Of May, WAS called, when
Dir. Ashinead counsel for the defendant in an elo
quent speech quash the indictment Oh the ground
tina, it Was essential to the validity of an indictment that
u should have been submitted TO Jury by the
prosecuting officer Of the State The junior counsel in the
case presented affidavit establishing the fact that when
the indictment found Peter b. Sweeney the District
Attorney was in Europe.
Mr. Whiting, who appeared on behalf of the prosecu-
ton, and Mr. Blunt the District Attorney, opposed tho
motion.
The Recorder said he would overrue the notion and
give the counsel the beneii; OF an exception
The defendant, who appears TO highly respectable
Gentleman was called 10 Plead and pleading not guilty,
Ihe process OF empanhe.ins jury was commenced
Juror undergoing scrltinzing examination to his
knowledge Of the case.
ATfEMrT TO rAarER WITH A JUROR.
After three jurors aud accepted Mr. John
Sarin an awning maker in William street. was asked wha.
be knew of the circumstances Of tho He that
DC mad read the account Of the affair after took
place IN the N.w YORK Head On being
by Mr. Whiting he said that gentleman named Bertram
who, he believed, kept boarding house In the Fourth
avenue, called upon him and stated that he understood
(Mr Surin) was on the jury ia the General Sessions He
Informed me- said the juror that this trial coming
to-day said that was hard matter for the defendant
and that tmeanng the assaat was done Through pas
sion ard excitement told him that thought not
right for him 20 talk TO me upon the subject.
Recorder-what did he tell you TO do when you on
the jurya
Mr. surin-He told act according TO my con
science the conversation occupied three four minutes
he only called ON me once and came alone; il about
halt past eight in the morning; Bertram Frenchman
and spoke to me in French hut did not call aside he
told me, think, that the trial would take place day
but did not tell me " be here this morning
MIR. surm ws set aside being incompetent juror.
The District Attorney requested him TO step into his pr,
bp mt in no
form Of an affidavit the Court having minated that Mr.
Bertram had been guilty OF high offence.
jury was obtained at quarter to two o'cock, when
THE District Attorney proceeaed TO open the behalf
OF the Pnosecuton giving brief account OF the
renee II appeared that the defendant attended patient
who boarded at the hotel; whose disease turned
smallpox but who represented TO the proprietor by
M Ga,arde, as having fever Dcemins tina, the rroies
siona conuct of the doctor not exactly right Mr.
CranstOn gave notice to him and his family provide
themselves with apartments elsewhere. This request
was made On tie day previous 10 the assault which
made between five and six O'Clock the following even
ing while Mr. Crans,on was sitting 81 the dinner table,
TIC defendant struck Mr.. Cansioa twice the head with
champagne bottle II for the Jury to say, said Mr.
Blunt whether the educated and refined class OF society
had the power to resent what they deemed to be in
Jury to their feelings.
nram Cranston, sworn and examined by Mr. Whiting,
deposcd as oliowsI am keeper Of the New York Hotel
Dr. Gail!ardet boarder at my house in May; think
he came in February last, but positive and contn
ucd from that time till May: believe the assault
made thu 18th of May about $50 guests in the
hotel al that time composed Of ladies' gentlemen and
children three four days before the assault upon
resident Of the New York Hotel, gentleman, TO the
Office of the hotel and made communication TO me; in
OF the information received from this gentle
asked who the attending ply stefan Of the gen
tleman who said to be M was told DR.. Gallardct
vae the ply scan told my clerk to send for pr. Gaar
Diet and say / wished to see him al the Office he came a
few after; asked him If he treating gen
tcman q certain ROOM and so, what was his disease
he said lac treating him his physician and that his
disease was n slight fever q think that the express
sion) and that the gentleman would BE- out in day or
two ] asked HIN II his patient had not the smallpox,
trl
he assured was not, bit said II might be the
measles, said Il was the smallpox y wss his duty
70 tell me, in order that ] might protect my
household tho spread Of disease he again assured
not the smallpox, and upon that assurance we
parted spoke in English, aud the conversation took
place in the office this took place Friday:
on the Tuesday following sitting oonversing with
Gaillardet mo- went into tho passage and
the lady she said she wished 10 see me alone, and
then esd she wished to communicate TO me that the gen
tlcmaa whom the doctor treating had the smallpox
expressed my surprise, and the lady made some remark
desiring be alarmed al the fact OF the existence
of the disease and believe her remark was for mo not TO
say an thing about H. wrote note for Dr. Crane. my
ph, scan and me, the note was written IN
Inc afternoon Of that day but he did arrive I'LL
o'clock n,f ouced Dr. Gaiardct To In. Crane when he
arrived and then rsid 10 DR. Gaardet that desired DR.
Crane 10 see his patient to which ne assencd ana they
AFTER a few moments Dr. Crane returned followed BY Dr
Cailardet; from what IN. Crane ssid-he telling me
aardet 10 take TO have his patient removed
from the house. he Cr. Gaardct said II was not the
IN
TO remove him Che saying that he was only hrs physcnn)
ssd take measures 10 have him removed from the
house; left Dr. Gailarde them and conycrscd with Dr.
crane this conversation took place in the passage near
the otfce on consulting With Ir Crane, proceeded TO
the Aa-house and consulted with one OF the Governors
10 have him removed % the smallpox hospital; engaged
nurse and phy stefan 10 be IN readiness Of eleven clock
on the follow ng morning. between ten and eleven clock
the nurse beng ready with his carriage, &c Dr. Gaardes
came In and said lin French) that his patient should not
BE- sent 10 the HOSPITAL he said he had procured apart
menis for him and would procure lodgings asked the
IA - LaA araAa afnrf lr 1Mnf Ia -
moya and not ono used by ladies and gentlemen he said
he had hot and the carriage and nurse which had en-
gagged took him from the hotel Immediately after their
Temoy ing the sick gentleman from the house wrote
note 10 N. Gailiardet, saying that deemed ms pro-
ssonsl conduct IN his o. .c patient 70 &c
house and desired him 10 lodgings he
wrote note saying that he would prepare TO remove and
he would take that the public should be spprsed OF
the reasons of his doing So after that him in thc
passage leading 10 the dining room but did not speak TO
,he ne, s thing Was blows on my head when was
sitting at the dinner table, which Was about hall
past Ave; ! think ! saw the defendant look into th,
door ryt and then pass up stairs before struck
was sitting the end Of the table facing the entrance door
which sixy feet from the table the room was ul and
the guests dining when received the blow did not
see sny person approach while helping gentleman
20 dish that stood before me, received blow upon my
Lot,e had burst in the hands of servant; bound my
head up in napkin, and as was bowed down received
second blow then instantly Thought was rot an acct
dep attempted rse but the blood flowed profusey
thai was unable to see; Drs. Crane and Woodruff,
who we're at the table, took hold Of me
and led me 10 my room confined 10 my about
ten days N consequence OF tho injuries received there
arc visible yet-onc on the top Of my head aud one
On the forehead.
Gross examined by the junior counsel for the defence
When I asked In Gaardct Il he was attending Mr..
Armcnns spoke In English aro he under stood me this
was without an Interpreter state positively that Dr.
tasract used tho word measles do not understand
any other language but the English Madame Galiardct
remarked tha, sho thought ought TO know that the
patient had the smallpox Of the mex, interview the CLERK
Mr. sanderson was present, IN company with myself and
M Crane rs Ir saillardct SAID he did not understand
English: cannot tell what stage OF the conversation
the doctor said he did understand me, he made no
objection to In. Crane going Up 20 sc the patient Nc
Ssderson accompanied them " the and they were
absent minutes discussion took place between rs
Crane and Caiiiardct In French (Mr Snderson stand
Ing by aud inerprctrg) afer Dr. Gallarct down
he spoke only through an interpreter; | did
net express a wish 10 have the patient re-
derstsnd the conversation, but interpreted 10
Ne FOL hr thatth IA