The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-08-12
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PORTLAND DAILY PRESS.
Monday Morning, August IL, 1857.
THE sURRATr TRIAL.
Dismissal of Mr.. Bradley
from the Bar.
Alteration between Mr.. Bradley
and Judge Fisher.
A DUEL ON THE taps.

WASHINGTON, Aug. 10.
At o'clock p M. Surratt was brought into
the Court room. Judge Fisher resumed his
seat. The crier called the Court to order, and
Marshal Phillips was directed to call the iury
down. By this time the Court room was
densely crowded. The jury was brought in at
LOS p. NJ. and by direction of Judge Fisher
the names of the jurors were called.
Mr.. Middleton, addressing the Jury said =
Gentlemen Of the jury, have you agreed upon
your verdict?
Mr.. Todd-We have not been able to agree.
Judge Fisher-I have received the following
letter from the jury:
To the Hon. Geo. p. Fisher. ,Judoe of the Grim
inal Court:
Dear Sir:-The Jury in the case of the United
States vs.. John H. Surratt most respectfully
state that they stand precisely as when they
hrst balloted upon entering the room. They
are nearly equally divided, and they are firmly
convinced that they cannot possibly make a
verdict. We deem it our duty to the Court, to
the country, and in view of the condition of
our affairs and the situation of our families,
and in view of the fact that the health of sew
paired under the protracted confinement, to
make this statement, and to ask your Honor
to dismiss us at once
Most respectfully submitted.
sA' Signed by all the jury.
The jury were discharged at ten minutes
past ], and left the Court room.
Surratt was remanded to the custody of the
Marshal and returned to jail.
Judge Fisher then rose and Immediately
read the following:-I have now a very unpleas-
ant duty to discharge but one which cannot
foregn. On the ID day of July last, during the
progress of the trial Of John III. Surratt for the
murder of Abraham Lincoln, Immediately after
the Court had taken a recess until the follow
ing morning, as the presiding Justice was de-
scendlng from the bench, Joseph 81. Bradley,
manner, charging the Judge with having Of
feredhims Mr.. Bradley series of insults from
the bench from the commencement of the trial
The Judge disclaimed any intention whatever
of passing any insult, and assured Mr.. Brad
ley that he entertained for him no other feel
ings but those of respect. Mr.. Bradley. SO far
from accepting this explanation or disclaimer.
thereupor threatened the Judge with personal
chastisement. as he understood him No Court
can administer Justice or live if its Judpes are
to be threatened with personal violence on all
occasions whenever the irrascibility of the coun-
sci NAV be excited bv an imaginary INSULT
The offence OF Mr.. Bradley is one which even
his years will not palliate. Tt cannot be over
looked or 90 UNPUBLISHED as a contempt of
Court IT is therefore ordered that his name
be stricken from the roll of attornies practice
ing in this Court. "
Mr.. Bradley immediately rose and asked If
the Court had adjourned? ps.aea 1isf lit ~
Judge FisherEIt has not. sir. 'l.
IL III IL
the Court and the assembly, hereby pro-
nounce the statement just made by the Judge
as utterly false in every particular-- s9i'
Judge Fisher interrupting-Cr adjourn
the Court
The Crier.-This Court is now adiourned
Mr.. Bradley.-Well, then. will say now
Judge Fisher-rising to leave the Bench
You can say what YOU phase, sir, and make
speech to the crowd if you like.
Mr.. Bradley.--You have no authority to dis
miss me. That must be the act of three Judges
of the Supreme Court.
Judge Fisher said-Very well, Mr. Bradley,
you can make the proper appeal.
The Judge then left the room, follow ID by a
large crowd of persons. Immediately after
leaving the Court room, Judge Fisher proceed
ed to the street and entered O car, followed
closely by Mr.. Bradley who entered the car,
and stepping to Judge Fisher handed him a
note. Judge Fisher took the note, rose, opened
and began to read it, when Mr.. Bradley left
the car, around which an excited crowd had
gathered. 1t is understood that the note was
challenge. Several policemen sprang into the
car, and officer McHenry stood beside Mr.
Bradley while he remained in the car.
Leaving the car, Mr.. Bradley passed through
the crowd and entered his office, followed by
several OF his friends belonging to the Bar, and
large crowd Immediately gathered on the
corner in front of his Office. After remaining
in his office few minutes, Mr.. Bradley came
out arm IN arm with his brother and proceeded
down Louisiana avenue, followed by crowd
OF friends and curious persons, who excitedly
discussed the proceedings just transpired. In
the mean time Judge Fisher resumed his seat
in the car, which moved off, There was great
apprehension OF personal encounter between
tne JudSe and MI Bradley.
The order OF Judge Fisher, dismssng Mr..
Bradley, has created most intense excitement
among all classes. The members OF the Bar
are generally bitter IN their accommodation of