Delaware State journal and statesman., 1867-08-13
THE sURRATT TRIAL.

The jury in this case came INTO court on
Saturday last, with a view of being dis
charged, they being unable to agree upon a
verdict.
At one O'Clock the prisoner was brought
into the courtroom and assigned the seat oc-
cupied by him during the trial beside his
counsel. He came into court smiling, and
seemed TO be IN good spirits, as he chatted
with his counsel
At five minutes past one Judge Fisher re.
sumed his seat upon 'he bench.
Mr.. Malloy, the crier, called the Court to
order, and Marshal Phillips was directed to
bring the jury down. BY this time the room
was much crowded. The jury was brought
in at eight minutes past one, and by direc-
tion of Judge Fisher the names of the jurors
were called.
Mr.. Middleton, the clerk, addressing the
jury, said: "Gentlemen of the Jury, have
you agreed upon your verdictP"
Mr.. Todd-We have not been able to agree.
Judge Fisher-I have received the follow
ing from the Jury:
To the Hon. George p. Fisher, Judge of
the Criminal Court-SiT: The iuyy in the
case OF the United States VS.. John II. Surratt
most respectfully state that they stand pre-
cisely now as when they first ballotted upon
entering the room-nearly equally divided
and they are firmly convinced that they
it our duty to the Court, to the country, and
in view of the condition of our private
affairs and the situation of our families, and
In view of the fact that the health OF seve.
raj of our number is becoming seriously i'm
paired under the protracted confinement to
make this statement, and 10 ask your Honor
TO dismiss us at once.
Most respectfully submitted.
W. b. Todd, James Y. Davis,
RnhnFt Ru1 Alnwar.Naw
j. Russell Barr, Wm. Mclean,
Thomas Berry, Benz. i. Morsell,
Geo. A. Bohrer, B Il. Cuttings,
G. G. Schneider, w. w. Birth.
After the letter had been read. Judge Fisher
asked If anything was to be said on either
side why the jury was not to be discharged,
MIR. Bradley said the prisoner did not con-
sent, and il there was any discharge, 1t would
be against the protest of the prisoner.
Mr.. Darlington said he would leave the
whole matter to the Court.
Judge Fisher said lie had already received
two or three notes of similar tenor to the
Que read. II there was any possibility of
the jury agreeing, he would not object to
keeping them for reasonable time. But as
he was informed they could not possibly
agree, lie would discharge them.
The jury was accordingly discharged at
ten minutes past one O'Clock, and Immediate
ly left the courtroom.
Judge Fisher then Immediately read the
following
have now very unpleasant duty to dis
charge, but one which cannot forcgo. On
the I'd of July last, during the progress of
the trial of John H. Surratt for the murder
of Abraham Lincoln, Immediately after the
Court had taken recess until the following
morning, as the presiding Justice was dos
cending from the bench, Joseph II. Bradley,
Esq, accosted him in a rude and insulting
manner, charging the judge with having
offered him (Nr. Bradley series of insults
from the bench from tho commencement of
the trial. The judge disclaimed any inten-
tion whatever of passing any insult, and
assured Mr.. Bradley that lie entertained for
him no other feelings but those Of respect.
Mr.. Bradley, so far from accepting this ex-
PLANTATION of disclaimer, threatened the judge
with personal chastisement.
AS he understood, no court can administer
justice, or live, if its judges are to be threat
| ened with personal violence on all occasions
wih@neYer the irascibility of counsel may be
excited by A., imaginary insult The offence
of Mr.. Bradley is one \, 1N,htch even his years
will not palliate II cannot be U.AiloVAeui ..
nor go unpunished as contempt of court.
II is therefore ordered that his name be
stricken from the rolls of attorneys practic-
ing in this courE.
Mr.. Bradley Immediately rose TO his feet,
and asked If the court had adjourned.
Judge Fisher-lt has not, sir.
Mr.. Bradley-Then, sir, in the presence
OF the court and this assembly, hereby pro-