New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-03
THE TRIAL OF SURRATT.

MR.. BRADLEY on JUDGE FISHER.
/ TRIBUNE.
| WASHINGTON, July 2.-The proceedings III the
Court at the Surratt trial to-day exceedngiyin-
teresting Dr. Mcmillan finished his testimony before
the recess occurred His testimony is considered very
| damaging to the prisoner. When the Court opened
this morning the prisoners counsel took exception 10
words used by DIR. Mcmillan while tcstifying yester-
day. Judge Fisher reprimanded the witness ana
told him that if he felt aggrieved hereafter at any
thing counsel might say. he must seek redress from
the Court. At the time the Judge read the
counsel for the defense lecture on the manner
in which they have been acting in their examination
of witnesses since the trial began. The rebuke was
severe in the extreme and should have been admin
lstered long ago. However IL had most salutary
effect and there was more dignity observed IN the
proceedings to-day than at any previous day OF the
trial When the Court adjourned, however a most
extraordinary scene occurred. Judge Fisher has
been suffering from attack of fever, and to-day
adjourned the Court earlier than usual AS Judge
Fisher was going ont of the Courtroom, Mr.. Brad
ley ST.. approached him and asked him 10 explain
what he meant by censurng the counsel for the de
Tense Judge Fisher replied that he had given all the
explanation he intended giving and then passed on.
Mr.. Bradley followed him up and commenced using
haunting language. Judge Fisher replied that he
was sick and that Mr. Bradley knew where he lived
and could come TO his house. Mr. Bradley then shook
his fist in the face Of Judge Fisher and said If he
not sick he would compel him TO explain the spot.
At this juncture Judge Fisher turned Bradley and
said in effect if he meant fight that he not too
sick To settle the matter immediately By this time
several officers Of the Court appeared and pushed the
Judge into the Marshals He was in the room
scarcely two minutes when he fell from excitement
and exhaustion. Mr.. Bradley ir, hearing of what
was TRANSPORTING made a rush after Fisher, aud it was
thought at the time that he intended Joining with his
father in the attack on the Judge. But this was a
mistake as the younger Bradley called on the Judge
after he had recovered and apOlog2ed for his father
and explained that his intention was TO prevent
quarrel. Here the matter rests for the present
Judge Fisher is very sick this evening with symp
toms of typhoid fever and it is doubtful If he will
De able 10 take the bench tomorrow The brutal
attack on the Judge by Mr.. Bradley is the theme of
cony ersation this evening. Every one condemns the
act and especially as il was unproyOked. The
prosecution expect To close tomorrow or next day.
The Washington ErCRiRq EJpf,ss gives this account
Of the affair:
Those who witnessed the difficulty say that harsh an
that y he Fisher we i' not sioI i. w"nd thrash him
Judge Fisher replied that he did not claim immunity
illness. The combaimts were about To come
10 close quarters, when Dcpnty Marshal PHILLIPS
placed himself between them and endeavOred To force
the Judge into the Marshas room. Joseph H. Brad
lev r who sitting at desk IN the Courtroom Talk
ing To the prisoner snrratt' bearing me ineuLS oh
side made leap two desks aud three chairs, and
FASTENED TO the Meanwhile Judge Fisher had been
forced the Marshals but before The door could
be- closed, Mr.. Bradley jr made hls appearance, and
Judge Fisher turned and Frappled with hn The paties
were thcn separated again, aud Judge Fisher locked
In Marshls Mr.. Bradley, returned 10 The
bench said the difficulty must Mr. Bradley tried
explain the matter To Judge Cartier while the Marsha
was attempting calm Judge Fisher, who was event ualy
induced TO 80 10 his home III Georgetown Tue difficulty
created much excitement and quite crowd gathered
nj thp of ulHUI
ing to the passage where IL occurred
WASHINGTON, July 1.-The trial of John II. sur
raft was resumed this morning In the Criminal Court
Judge FISHER presiding The courtroom was again
crowded with spectators Judge Fisher - still very
weak and unwcl TO appear in Court al an early
hour and consequently the business Of the day was not
commenced until 1920 u.
Dr. Mcmillan was recalled 10 the witness stand
MI Bradley said that before the examination pro
ceedcd with he desired call the attention NJ the Court
incident that occurred inst prior To the adjourn
men OF the Court yesterday and he would ASK mat the
reporters notes Dc read n order that the Court might zee
what led TO The attack aud that ms attention might DE
directed TO the facts, The Court wa much engaied
heard the remark, he desired that the notes oi
TO him that il not in precise words, the Court
at least in substance censured the counsel aud u was
necessary Therefore that tho notes should he read and
he thought would appear that prov Ocaon had been
given 10y counsel The Court should take some notice 81
the matter rs due to the members OF inc par mat
adequate protection should be given To counsel Ia every
case Mr. Cliphane, the official reporter then read an
extract from his OF yesterday, including the pas
sage between the witness and Mr.. Merrick.
Judge Fisher said that when the testimony Immediately
preceding the Objectionable remark was being given yes
ieday he did not hear all OF IT, ana when The witness
made the remark he did. lie Judge Fisher supposed
that counsel had offered some pt0No'aoh ana had "9I
Rcd the witness, but upon hearing the notes read he
could not see that any pr3yocation bad been offered lie
could no Justification Tor the remark OF the witness
although Mr. Merrck may have said ON former occa
sion that or the witnesses were deserving Of the
PenitnnaTy II is not the place OF witnesses TO take ex
ceptOn 10 the remarks Of counsel and no wit,
Ia. tina Tn IIa had
never In which there was 50 much truth
and much bitterness OF feeling; and he never
saw witnesses examined In such way
as they had been IN this ease and II was 10 he
dered ut that they sometimes felt msuled. especially at
witness should I've In the pentenary Some suehr
spectacle WITNESSES as Gen. Grant Mr. Fred Seward and
others had been placed upon the stand, aud the remark
gm ,d ot Ie 4, IL Pit4ess,s bcned ibs,mseives.
but he would eudeayOr 10 stop such proceedings in
future lthe witnesses feel ageyed they appeal to
the Court and their rights viii be respected
Mr. Merrck said he felt IL due TO say that his remark
was intended 10 apply 20 AL the witnesses lie had
the highest respect Tor Gen cram ana io Ar ana MIs
selves knew to whom the remark applied, and 10 sane
man could imagine that 1t applied to Gen Grant or Mr.
Seward.
Judge Fisher said he knew witness, high or low, in
this matter he admonished counsel 10 adhere Ia u
ture strictly TO the rules OF practice and 30 avoid
any side remarks directing any remarks to the jury
this morning OF his own motion He Ir McrricD could
not be nsuIted by the witness Dut al me Time he
extent involved, and he was not nsulted personally.
Mcmillan then resumed his testimony and testified
of the week of the assassination and that he was sum
luoncd Washington by Booth by letter. surratt also
told me that day two after the assassination he
nj ST. Alans, ana the train being late he stroed through
Town and went 10 hotcl Tor breakfast; that WINE
of excitement among those sitting al IT that
and his ncighbor said. Don't you know hat President
Lincoln has been assaSs'na"d! the prisoner said The
nou;r md the prisoner ms mentioned,
and that was last Of his breakfast that morning; he