New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-08-12
THE SURRATT TRIAL.
THE JURY DISAGREE AND ARE DIsCHARGED-MR.
BRADLEY, sR., DISMISSED FROM THE BAR by
JUDGE FIsTER-THE JUDGE CHALLENGED TO

y, SR.,
JUDGE FIsHER-THE JUDGE CHALLENGED TO
a DUEL BY BRADLEY.
WASHINGTON, Aug. 11.-At about half past
twelve yesterday. Deputy Marshal Phillips came into
the courtroom and stationed the officers This was the
signal for rush the part OF the crowd that had been
patiently waiting outside and they quickly ed up the
space outside the bar. number were admitted lsue
The bar DistrctAttorney Darlington was In the court
room at the time and Mr. Bradley r Of the counsel
for the prisoner came In moment afterward MI BIau-
ley and Mr. Merrick subsequently entered the room,
they having been sent for. There decided commo,
tOn III he court room at this time and II was whspeIeu
sDot rat me Jury has agreed are gOg T 90
asked 70 he discharged and uumberess other remarks
of a like character
At o'clock the prisoner was brought into the court
room and assigned the seat occupied by him during inc
trial. beside his counsel He into court smiling, and
seemed To be IN good spirits lie chattcd with his eoun
sci. MT MerrCk made an alluson to report mat an
attempt would be made at rescue whereat the prisoner
At 1905 o'clock Judge Fisher his seat upon the
bench Mr. Muoy the crler called the court to order
BY this time the courtroom densey crowded. The
jury was brought in at 1903 o'clock. and by direction OF
Judge Fisher the names OF the jurors were called.
Mr. Middleton, the clerk OF the court, addressing the
Gentlemen of the jury have you agreed upon your YER
dIcti
Mr. Todd-we have not been able to agree
Judge Fisher-l lave received the following letter from
10 re Hea Gorg.P Fisher yudq: Of ns Criminal Court
most respectfully state that they stand precisely now as Then hey frs,
they firmly conyaeel that hey cannot possibly make verdict
Of private affairs and situation Of families aud view Of
the @ a ,9T S1 pG conn 1I suD make tbs I and
Most respectfully submitted:
y n ,. T41G Barn F FS"ss! B RaHns
GEO a: BoHRER. G O. scnSEipnn
WS McLEAs BESJ T. MoRsELI-
b. L. Cuttings, w. W. BmTa -
After the letter had been read, Judge Fisher asked II
anything to be said on either side why the jury was
not 10 be discharged
Mr. Bradley SAID the prisoner did not consent. and
there any discharge IL would DO entirely against the
protest OF the prisoner.
Mr. Darlington said he would leave the whole matter
Judge Fisher said he had already received two three
Of similar tenor 10 the one already read there
any possibility of tho jury agreeing, he would not
object to keeping them for reasonable time; but as he
Informed they could not possibly agree he would ais
charge them
The Jury left the courtroom at once.
Judge Fisher then rose and immediately read the fol
lowing: ,,, -.
IL have now very unpleasant duty to discharge, but
one which cannot fOrcgo. on the 81 day OF July last
during the progress OF the trial Of John surrat i0r me
murder OF Abraham Lincoln, Immediately after the Court
had taken recess until tho following morning ms the
presiding Justice descending from the bench Joseph
II. Bradley esq accosted HIM In rude aud insulting
manner, charging the Judge with having offered him (r
Bradley. series Of insults from the bench from the
intention whatever OF passing any insult and assured sr
those OF respect Mr. Bradley so FAR from accepting ms
explanation disclaimer thereupon threatened the
Judge with personal ehastselnen as nc 9naerst3oa nm
No Court can administer Jusce or i've II us Judges are
be threatened with personal violence on al occasions
the iraFcbiity OF counsel De eNtltcu by
an imaginary Insult The ofense OF Mt Bradley Is one
which his years will not pallate. IL cannot be over
therefore ordered his be stricken from the roll
of attorneys practcing In tins Court" ~
bir. Bradley Immediately arose 10 his feet and asked
the court had adjourned.
Judge Fishcr-It has not, Sir.
r BTadey-Then Sir In the presence OF the court and
this assembly. hereby pronounce the statement Just
made by the Judge rs utterly false in every particular
Judge Fisher duterrupting-Crier adjourn the court.
Mr.. Mulloy, the Cricr-This court is now adjourned
Mr.. Bradcy-well, then. | will say now
Judge Fisher. (rsng to leave the benchl-lOu can say
what you please STR and make speech to the crowd, II
you like.
That must be the act OF three of the Judges Of
the Supreme Court
make the proper appeal" He then left the roon followed
by u large crowd of persons
and entered car lie was followed closely by
Mr.. Bradley who entered the car, and stepping up to
Judge Fisher handed him note. Judge Usher TOOK the
note rose and opened t and began to read a. MI Brad
Low turned and leit Tho ear around winch an excited
crowd had gathered II T. understood that the note
q challenge, Several policemen sprng INTO tue car ana
Orccr McHcuy stepped 20 the eide OF Mr. Eradlel ana
kept In that position while he renamed IN the car cAN
ing the Mr Bradley passed through the crowd and
entered his office. and was followed by several Trends
belonging to the bar large crowd Immediately
gathered on the corner In front OF his on,,e' AZ
ter remaining IN DIS once Anew moments MT Bidu
ley came out arm In arm with his brother
Charles Bradley, Esd, of the National Ba' OF the
Republic. ana proceeded down Louisiana-aye 'puOwed
by crowd Of friends and curious persons who excitcdy
discussed the proceedings which had just transprcd la
the meantime Judge Fisher resumed his seat In the
and continued the pcrusa of the note, while the
moved o. number OF his personal friends had entered
the car and great deal OF apprehension was manifested
OF encounter between the Judge aud The de-
posed lawyer The order OF Judge Fisher dismiss.ns
Mr. Bradley, has created the most intense eXciiement
among all classes The Police preserving order The
members Of the Bar generally are bitter In their denun
citation Of the Judge, and have called meeting 20 DC
held Monday morning They seem 10 mako common
cause against the Judge who. they openly declare mas
dsgraccd himself by using his official power to resent
personal Insult. .
Surratt was remanded 20 the custody Of tho Marshal,
and returned to ja During the entire retirement OF the
jury-sOmc - hOurs-they remained a. follows on the
verdict: For COHrCfOiMessTs. Todd Barr. Schneider,
and McIean-i. For AcqdHGl-Messrs. Davis Berry
Ball B0lrcr Alexander, Morsel Cuttings, and Births.
There is respectable authority for stating that the jury
disagreed on the question OF the absence Of surat from
Washington at tie time OF the assassination % the Late
President and they entirely agreed upon the
polut that had he been indicted for conspiracy he would
have been convicted Immediately retiring to their
room.
THE DRAMA