Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1867-08-15
.SURRATT TRIAL.

May their malrimOmai joys prov. I'D
lasting as the rock Of ages X
- SURRATT TRIAL.
The Jitr.y Stand -Four for Conriction,
and EigM for Acquitdi-They Can
not 1Gree and are Discharged
Rrodlc.y attempts to Batly Jnd9e
Fish =. and is Disborrcd for his
| hsolcncc-He Challenges Image
Fisher TO Fight q Duel.
WAslnSGroS, August l0.-Atonc o'clock
the prisoner was brought into the Court
room He seemed in good spirits.
Judge Fisher resumed his seat, aad the
crier called the court to order.
Marshal Phillips was directed to call the
| Jury down. By this time the court room
was dcnsely crowded. The jury was brought
in at eight minutes past one, and the fore
man stated they had been una lie to agree.
The Judge read the following Letter . the
Hon. Geo b. Fisher, Judge Of the Criminal
Court:
SIR:-The jury in the case Of the Uni
ted States u.s. John III. Surratt most respect
fully state that they stand precisely now
as when they first ballotted upon entering
the room. They arc nearly equally divid-
cd and they are firmly convincedthey can
not possibly make a verdict, and We deem
il our duty to the Court. TO the country and
tie condition of our private affairs, and OF
the situation of our families. and in view
Of tire fact that the health of several of our
number is becoming seriously impaired
under prolonged confinement, 10 make this
ststemen: and.t ask your Honor TO dismiss
us nj once
Respectfully submitted.
Signed by the Jury.
| After some conversation Judge Fisher
ordered their discharge.
Judge Fisher then rose and read the fol
lowing:
IL have now a very unpleasant duty to
discharge, but one which I cannot forego,
On the 2!st day of july last. during the pro-
gress of the trial of John III. Surratt for the
murder oi Abraham Lincoln, Immediately
after court had taken recess until the fol-
lowing morning. rs the presiding Justice
was descending from the Bench, Joseph III.
Bradley accosted him in rude and insult
ing manner, charging the Judge with hav-
ing offered him Bradley series ofinsults
from the Bs1ck frem the Commencement OF
the trial. The Judge disclairncd any inten-
ton whatever of passing any insult, and
assured Mr. Bradley that he entertained fer
him no other feelings but those OF respect.
Nr. Bradley, So far from accepting this ex-
PLANTATION or disclaimer, thcreupon threat
cned the Judge with personal chastisemcnt.
as he understood him. No court can all
minister justice. or live, if lis Judges are
to be threatened with personal violence on
| all occasions, whenever the irrasc;bility of
4he counsel NAV be affected by an imagi-
nary insult. The oifcnse Of Mr.. Bradley
one which even his years will not palliatc
-canpet be overlooked or GO unpublished
as contempt Of court 1t il, therefore,
ordered that his name be stricken from the
roll OF attorneys practicing in this court.
Bradley Immediately arose and asked IL
the Court had adjourncti?
judge Fisher-lt has not. sir.
Mr. Bradley-Thcn. sir, in presence of
the Court and assembly thereby pronounce
the statement just made by the Judge as
utterly false in every particular.
Judge Fisher, intcrrupting-Cricr ad-
journ Court.
The Crier-This Court is now adjourn
ed
Mr.. Bradlcy-Well, th:n, l will say
Judge Fisher, rising to leavethc Bench =
You can say what YOU please, sir. and
make a speech to the crowd ifyou like.
Bradley-You have no authority to dis
miss me from the bar: that must be the act
of three Of the judges Of the Supreme
Court.
Judge Fisher said. Very web Mr.. Brad
ley, You can make the proper appeal, and
then left the room, followed by n isrge
crowd of persons. Immediately after lcav-
ing the court room, Judge Fisher proceed
ed to the street and entered a car He was
followed closely by Bradley, who entered
the car, and stepping up to the Judge,
gave him n note, which he took, rose,
opened and began to read it. Bradley
turned and left the car, around which an
excited crowd had gathered. II is under
stood the note was q challenge. Several
policemen sprang into the car, and officer
Mckinney stepped TO the side Of Bradley
| and keptin that position while he remained.
The car leaving. Bradley passed through
the crowd and entered his Office, followed
by several friends belonging to the Bar
\ large crowd gathered on the corner in
front of his Office. After remaining in his
office few moments. Bradley came ont
arm-in- arm with his brother, and proceed
ed down Louisiana avenue, followed by
crowds offriends and curious persons who
tAcAtiiy .uiSCusScV tlc pfOCeetunSS JUST
transpired. In the meantime Judge Fisher
resumed his seat in the car and cor tinued
the perusai of the note. When the cal
moved Of a number off his persona! friends
entered the Car, as great apprehension was
manifested of a personal encounter between
the Judge and the dcposed lawyer. The
order Of Judge Fisher dismissing Bradley
has created most intense excitement among
all classes, but the police are preserving or
der.
] During the entire retirement Of the jury
they remained a. follows on the verdict fol
lconviction: Todd, Far, Schneider, and
Mclean, four; for acquittai-Davis, Berry
Ball. Bohener, Alexander, Larsell, Citing
and Birth.
I There is respectable authority for stating
that the jury disagreed on the question o.
the absence Of Surratt from Washington al
the time of the assassination of the late
President, and that they were entirely
agreed upon the point that, had he beer
indicted for conspiracy, he would be con
victed Immediately upon their retireing tC
their loom.
1t is said by gentlemen who have seen .
; communication handed by Bradley to Judg,
Fisher, that 1t first refers to an affair in The
court room early In July, and quotes til,
! expression attributed to Judge F. to tn
effect that he, Mr.. Bradley, knew where
the Judge lived, and that the latter would
receive communication from him at any
time. II then states that the writer coult
have but one Interpretation to the declara
ton of Fisher, referring to the misunder
standing between them. 1t suggested tina