The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-10-26

FAILURES OF JUSTICE THROUGH OFFICIAL In
COMPETENCE CASE or Dr. GAIILARDEr.-Dr.
Gaillardcts counsel are, it is stated, preparing
bill OF exceptions on which to found motion for
a new trial. His case will, therefore, probably
pass through the same phases as that Of Cancemi,
contributing in their turn to illustrate the glo-
rious uncertainty Of the law. We presume that
there is but one opinion as TO the character Of
the offence committed by DR.. Gaillardet Taking
the time, the place and the circumstances into
consideration our readers will agree with us that
a more unjustifable outrage never was ,orn-
mitted. The provocation alleged in behalf Ct the
defendant furnished no rational grounds for such
an act of violence. Mr.. Cranston was only exer-
csing right and duty in protecting the in
mates Of his establishment against what h. con-
sidcred an attempt on the part of the Doctor to
deceive him in regard to the character Of an in
fictitious case The circumstances were too
pressing, the responsibilities of the case too
great, for landlord to be expected to measure
over nicely his tone and language towards
man whom he believed to have been guilty of
so dangerous a want Of candor. Most other
medical practitioners situated like DR.. Gaillar-
Diet would have recognized these grounds for
the display Of little temper and for their own
sakes would have adopted some quiet means of
setting the matter right The Doctor, unfortu-
nately for himself took different course. and
hence the painful position in which he now finds
himself
Ii is evident that the punishment which the
defendant has already suffered in the publicity
attending bis offence and the distress inflicted
by it on bis family, will be the only viudcation
which the law will receive Motions for arrest
of judgment, new trials, and final appeal to
the Governor, will no doubt enable him to escape
the legal penalty due to his offence. He has
money, and friends without number, and what
Cancemi could effect without these aids it is not
to be presumed he will fail in. 1t is curious how
the whole machinery Of our courts adapts itself
TO these issues and loopholes Of escape for de-
fendant. Indictments and judges charges seem
to be framed specially with view to enable bills
of exceptions and motions for new trials to be
founded upon them. We know not the precise
points on which Dr. Gaillardets counsel mean
TO rely, but there is one in the indictment which
will serve as an illustration of the loose way in
which criminal prosecutions are conducted here.
One of the counts charges the defendant with COM
hitting the assault with intent to kill Now
this i, a manifest absurdity. If he had any idea
Of this sort he would have armed himself with
some more effective weapon than a champagne
bottle, and would have chosen different situa-
ton for the premeditated tragedy than the pub
lie dining room of a hotel. We can see no
earthly object in these legal exaggerations, unless
i, be TO furnish subjects Tor the Ingenuity of law
yers and opportunities of escape for offenders.
In the case Of poor and iriendless prisoner
they have another and equally bad eiiect-,hat
Of creating against him a stronger prejudice than
bis case warrants.
The same observations apply generally to the
charges of our Judges. They are wanting in
the clear discrimination, the answering impair
TALLY, and the calmness Of temper, which should
always characterize judicial statements. But
what is worse, they are but too frequently dc
fcient in knowledge, not merely Of legal prece
dents. but Of the commoncst principles Of law.
The elective Judiciary clause has done this for
AZ, and until II is repealed We must be resigned
to see the authority OF our courts sink into con
tempt and criminals daily escaping the punish
ment Of their offences That orr city Is not
abandoned entirely 10 the mercy Of the lawless
ard predatory is owing merely to the exertions
Of a single magistrate-the only one Of our
Judges. in fact, who has competent knowledge
Of criminal law and consciousness enough to
exercise II for the public protection.
MUNICIPAL C0TRrT"TIoN.-The indictment Of
half dozen Corporation officials by the Grand
| Jury on Saturday has caused unite A fiutter in