The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-10-22
Conclusion Of the Trial Of DR.. Gaillartiet for
Assaulting Hiram Cranston-Evtdence for
the Dcfcnce-The Recorders Chargc-Ver-
diet OF Guilty.

Conclusion Of the Trial Of DIR. G0allarSlet for
Assa,aIting Hiram CranstOn-Evidence for
the Dcfencc-The Recorders Chargc-ver-
diet OF Guilty.
Court GENERAL SESSIONS.
Before Recorder Barnard.
OcT 2l-This morning the trial of Dr.. Theodore Gail
lardet charged with assault with intent to kill Hiram
Cranston proprietor Of the New York Hotel, was re-
sumcd The audience quite select and the interest
in the case has not abatcd in the least
Mr. Condert, the junior counsel for the defence with
out any formal opening, called DR. Cosmo Brany, who
testified folows-I have been practising physician
in New York for the last twenty years there difference
between varioloid and smallpox; called by DR.. Gail
lardet to see Mr. Armentaro at No st. Marks place.
he was convalescent, up and had been up several
days. after careful examination and inquiries from the
patient, came to the conclusion that the patient had
common Of variolod; he had mark Of good real
vaccination on of his limbs; think he had two marks
one on one of his thighs that mark has very great
portance in determining whether the disease is smallpox
or not in scientific point of view variooid and small
pox very similar but in practice they entirely
dition; i knew Dr. Iegrand; he is now Dead
smallpox by the smell, and think is impossible for
any 70 do the French word for smallpox is petite
rarTol the first symptoms Of variood and smallpox are
somewhat similar.
Cross examined by Mr.. Whtng-I became acquainted
with Dr. Gailardet three four years since-when he
first to the city variooid is contagious but not
virulent smallpox visited Mr. Armenaro the 18th
Of June: knew all about the difficulty at the New York
Hotel before saw the patient went to see him at
Or. Gaillardet's request, who is my friend
Dir. Vim. Demod deposed-I am practising physician,
and have been for 80 years examined Mr. Armentaro
and gave certificate Of examination the 9th Of June:
the disease which he had was varolod; lsaw marks OF
vaccination on his thigh which showed that the disease
modified, and that it was a case of variood and not
To Mr. whiting-variood is contagious.
Joseph c, Kammerer deposed-I am a physician,
residing in New York, and familiar with
smallpox and variolod; | examined Mr.. Armen-
the eth Of May; his condition was very IA
yorabe. he was covered with eruption which was
desscatng there fever and his pulse perfectly
natural visited him twice, and discontinued my visits
soon as Dr. Gallardet was released from custody Mr.
Armentaro's disease was variooid.
Crosscxamned-nr. Gallardets reputation as physi-
clan is very good
Leon Willard said he acquainted with Mr. and Mrs.
Gaillarde and was in the habit of visiting their room at
the hotel every day Dr. Galardet does not speak Eng
sh was the habit Of collecting his bills the day be-
fore the occurrence noticed pistol lying on the manel
piece; il loaded; the morning after the affair,
when helping Mrs Gaardet TO move, noticed the
pistol living the bureau and II loaded yet
took II home the day of the assault very rainy
To Mr.. Whnng-l loaded the pistol myself long time
ago when the carroers were spoken Of there was no
other deadly weapon in the room except cane; do
not know whether 1t was sword cane or not.
Emanuel Masseras deposed-I am the editor of
French paper; Mr. Gaillardet in my Office nj
quarter TO five O'Clock on the day of the as
sault which exceedingly stormy one he
remained from half past three five O'Clock
that day; he came in an excited stafe-was very
indignant-the result suppose OF the reception of Mr.
Cranson requesting him to leave at that time KNEW
nothing OF Mr. Armcnaros disease; he narrated TO me
all the facts and went far into explanation Of the
disease take medical books TO show me the de
renee between variolod smallpox the object Of this
visit and explanation to request 10 make for him
statement Of the facts Of Mr. Cranstons conduct towards
the sick person this statement TO be made in the form OF
letter. TO be signed by him and published in the
papers discussed with him the propriety of making
such statement and he explained to his being elected
light that il could not pass without an explanation
At this juncture the Recorder said he would not pro-
tract the longer and would rule out all the evil
dence Of Mr. Masseras
Counsel then read a certificate given by Dr. Legrand
(since deceased 70 the disease of Mr. Armenaro,
which be pronounced vari)oid All the evidence both
sides being exhausted, Mr. Ashmead presented number
Of very able and ingenious points OF law, which he de-
sired 10 do before his Junior associate addressed the Jury
that the prosecuting officer might know the nature of
the argument which he (Mr Ashmead) would present
Mr. Condert proceeded to sum up on behalf Of Dr Gail
larde in brief forcblc speech and followed by
the counsel, Mr. Ashmoad who, in exceedingly
able logical and pathetic address argued that the
cation given TO Dr. Gailardet by Mr.. Cranston SO
great excite him 10 frenzy and lead him 10 commit
PENDANT admitted he guilty yet denying the intent to
Kill
ton which listened 70 with great attention. and was
said 10 be one Of his finest efforts.
AT quarter past i've Recorder Barnard proceeded to
charge the jury a brief lucid and impartial manner
He said the issue the 0 very simple one and
confined within very narrow limits. large amount OF
time had been taken the investigation Of the matter for
the purpose OF having proper understanding Of the whole
transaction, and for the purpose OF hearing evi-
that not strictly legal. The defendant,
Theodore Gaillardct, charged with having, on the
Goth Of May, assaulted Hiram Cranston with In.
tent 10 kill him. In order TO lind verdict
q guilty the Jury would have =, SATISFY men, in,
an assault had been committed secondly, that u was
by the prisoner the bar thirdly that the force
used 10 commit this assault were OF such deadly
M
the person assaulted would have been likely 10 have
caused the death Of the person assaulted and iolrthy
that al the time of the of the assault By the
defendant the person OF Hiram Cranston he intended
TO Kill him. In conclusion his Honor read the points Of
Law presented by for the defendant and said that
II the Jury had a reasonable doubt should be given ~
the accused.
nutes to seven returned with verdict Of guilty, as
charged in the Indictment Upon the rendition Of the
verdict.
The Assstan, Dis,rc, Attorney moved for the commit
rnert 81 pr Gailardet 70 the CITY prison
Counsel for the defendant asked permission 70 confer
Few moments with him, after which Mr. Ashmead said
that the rule ~ the Court he could not interfere
H. Honor instructed tho officers TO take the defendant
into custody, whcrcupon Madame Gaiarde who has oc
rured seat beside her unfortunate husband from the
commencement 20 the termination Of this investigation,
tainted away, and gave vent r. her feelings N most
piabc manner. She shrcked several times, eNcaimng
"oh those people have no hearts, Nni nenectial at
TEMPS made by the D0Ci0r and friends who sur
rounded her 70 induce her u remain calm AMI composed
Bur philosophy NJ such times aud under such circum
stances Falls upon the u devoted c0nsort a. the
ravngr III mailman Her consiancy and aithuncss 20
her COMPANION we're mcu, oned with respect by Mr..
Whiting III hs speech and her personal attractions were
freely commented upon by the attendants q the trial
Thr boom ~ ~ tn cannon end the grand ryrotechuc
display tlln Park hy which few Interested politicians
avt expression 70 their Joyous feelings AZ What they
c,cr arsPcous result. announced ~ thunder tones
which consigned a distinguished member ~ an
ttttr profess (who IN a moment Il frenzy insptst
ta uup rs ~ the aw) % a felons CELL and Inflicted
wound up0n lis devoted wife which affection cannot
1 modify aud time cannot heal.
The d,icndan, Va taken in charge by officer who
accompanied him 20 restaurant, where refreshments
provided.
The Assistant District Attorney said he would move FOR
judgment saturday.
FRY Schools AZ RotSusroI-Two Of the Fran.
cscan brothers from the monastery NJ Rognl stone,
county Galway. Ireland are in this city having
been sent over 70 solicit aid IL their brethren and
cO.regtonsts the UnCd states, ~ enable them 70 DIS
charge the debt contracted n the erection q Their convent
and schools. The credentials which they bring from the