The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-08-11
JSdse Fisher Orders Mr.. Bradlsy's Name
10 be Stricken Off the Roll.
ALMOST 4 AExe0sTRE m A STREET CAR.
The Judge Challenged by
Mr.. Bradley.
INTENSE Excitement in Wash.
ingtCn.


morning for a time very great, but fell n just
Seforo con The Jury have been out sever tyswo
hours There certainty as to how the july stands
or when verdict viii be rendered Judge Fisher was
nj the court for short this morning, 'out upcn
ascerainng tina, the jury uDpreparsd ~ report
Two 'o'CrOK-P NJ
Deputy Marshal Phillips came intothe SQUIRT room at
half past twelve O'Clock and stationed the.ofces This
Was signal for rush the part Of the crowd tina,
lad been patiently waiting outside, ard they quickly
flied up the space outside the BAR AEumber al
united inside the bar District Attorney Darlington
IN he court room .. the time, and M Bradley Jr
Of tho counsel for The prisoner came in moment after
wards Mr. Bradley, ST., end Mr.. Eerrck subsequently,
entered the room, they having beee sent for
There decided conmolion IN the court room at
tbis time and it whispered about thSt 1.-THE jury
hive agreed " "they are going tc discharge the Jury
'rhey can't agree; "they have asked to be discharged
and namberless other remarks Of like character.
At O'Clock the prisoner was brought into tho
and assigned the scat occupied by HIM
ing the trisl, beside his counsel He into court
smiling, and seemed to be good spinte he chatted
with his counsel.
Mr. Merrick made aBusion TO report that an
attempt would be made rescue whereat the prisoner
seemed 70 be much amused.
AT five minutes past ten O'Clock Judge Fisher resuwod
hie seat upon the bench
MIR Mulioy, the cfier called the court TO order, and
Marshal Philips directed to call the jury down. BY
shis time the court room densey crowded.
The jury was brought in at eight minutes pas, one
o'clock and by direction Of Judge Fisher the names Of
Abe jurors were called.
Mr.. Middleton, the clerk Of the court sddrcsskg the
jury, said 'Gentlsmen Of the jury have you agreed
upon your verdict"
Mr.. Todd-we have not been able 10 agree
Judge Fsher-I have received the following letter
from the jury
10 tho Hon. GEORGE p. FrszrR, Judge Of tho Grim
slR-The jury in this case Of the Uaised States w.
John H. sura most respectfully sase that they stand
precisely now as whom they first ballocd upon entering
tbe reom They are nearly equally divided and they
firmly convinced that they canno, possibly make
verdict We deem our duty to the court, 70 the
and euation OF our families and in IF the facs
that the health Of several ofour number 10 becoming
make ibis statement, and ask your Homer dismiss
Mos. respectfully submitted; ,.
ROBERT BALL, COLUMBUS ALEXANDER,
) Rvs y aLI BARR WILLIAM Mclean,
8 SkS q scH \ ISEkEh V G sIFIS
After the letter had been read Judge Fisher asked II
anything was to be said others side Why sf jury
not TO be discharged.
shey discharged 1t would be entirely against the
protest Of the prisoner
Mr. CovpgtOn said he would leave the whole matter
with The Court
Judge Fisher said he had already received Two or
threo notes OF similar to the one-aready
there any possibility Of the jury agreeing he
would object keeping them for reasonable time
bat he informed they could possihy agree he
would discharge them.
The jury accordingly discharged at ten minutes
pAst one O'Clock
The jury fben left the cocst room.
Judge Fisher then rose and Immediately Rad tho fol-
charge buI which cannot forego. On fhe second
day OF July ss during the progress OF the Of John
III suratt for the murder OF Abraham Lnoolr immedi.
stsy after the Court had taken until the follow
ting morning ss the Preceding Justice descending
from the bench, Joseph II. Bradley. -accosted
Rim in a rude and insulting manner, charging the
Jsdse with having offered him lNr. Bradley
. sores Of insults from the bench from the
Commencement Of the trial Tho Jraes discairaed any
ssisn.sn whatever Of passing any insult and assured
Mr Bradley that he entertained for him other feel
flGs than those Of scepect Mr. Bradley from &C.
sspang this explanation or dsalsmer, tbereupon
shssassasd the Judge with personal ohastssnsns, ~
- underwood him. No court can administer justice
- hive ~ ns judges TO DO threatened with pepopal
~ss,snoe all occsnoss vhensvs the rascibni,y Of
sounssi may b szcstsd by an imaginary insult The
sasncs Of NJ. Bradley " one which even his years will
contempt Of cousa u ID therefore ordered thai hs
nsne be rozsn fron Tie roll Of attorneys practising
NJ Bradley Immediately rose TO bis feet and asked II
Abe Court had sdjourpcd
yutes Fishsr--h has not ~.
and O. sssSn.psy. Ssr.s, pronounce me essssnsns
1ss uss BY the Judge Utterly false in every par.
;ascaiar
Judge Fisher tnsnupsasb- adjourn tue Court
kr nuoy, the ersr-rhs court is now aAJourned
Juass Fsher rising % leave The Seneh,-You.ean say
shat you pssass, air. and make speech 10 shscrowd
r. srsdl~y-Yor have no authority to dsmss me
Sron ,be hss raai must be the act Of three Of the
Judges Of the Supreme Corrt
Judge sntr sad "very well Mr. Bradley yes can
mako ~ sppssl" Re then len she room, followed by
. iAsgc crowd u persons
lo oresr % Judge Fisher dismissng Mr. Bradley has
xies,ed ~ mos intense excitement among all classes
Toe police arc preserving order The members Of the
Judge srd save called meeting, 70 Re held on nonaay
notnlrc. J1ey seem 70 make common against
abe Jgt c Who they openly declare has dsgraced him
seI by 1slng his Official power 70 resent personal
surfa, Vas rensnded 10 the custody Of the Marshal
Banpg he enilre retirement Of the jury some seven
~ iiree bosrs they remained a follows 90 the
Tor oavlcisen--s,esss Todd, Barr, Schneider end
Dor soquassl-xss<s Davis, Berry. Bal, Behrer Al
sssndes Morsen Gittinss and Births.
sorc v respectable snthory for ssase that the jury
disagreed tho qnesion Of the Absence OF Surratt
ias prssd.n End that they wsrs entirely agreed upon
fs point that had he been indicted for conspiracy he
~orid have been eonvicrsd immediately retiring TO
sb-ir room
TIE following facts to the nativity Of the jurors
may not De npinteresing to the public
Mass
Robert Ball. born April 90, 1884, in Alexandria county,
d. e.
j. Ro's.i Barr, born January Isi2 In Northumberland
ceuDLy, Pa
Thomas Berry, born February 10, 1857. In New York
George A. Bohrer bora January l. isis in George.
lown, d. G.
Christian Schneider, born June IL, 1881, in wrtem.
,gu. Germany.
James Y Davis born July 90, 1878, in Nortbumser.
and county, Va