The national Republican., 1867-08-12
Aational &epablifau.
LOCAL NRws.

come TO the pretty generally accepted eonoin
sion that the Jury would not agree, nor hksy 70
do 90; which fact lessened grea,y tne lnsoh,s
interest manifested heretofore In their p.obabl.
dsei.ion- Some Of tho spectators present hanged
ii,tie,sly over the bar railing, some loungine
comnossdIv on hard seats, the persons occupying
tbsm monopoliIing from two to three Mt once,
doubIed up In cholera fashion; others were bus
lily engaged in reading the morning papers, dis.
c1,sing their contents-the SchutIenfest and
the Sanford Conover-Ashley Durham impeach.
nent denouement, &c., while two enterprising
"auills" Of evening contemporaries who, having
nothing better to do while waiting for the jury,
and wishing to kill time, entered into Q friendly
game Of copper 'winnings," " In . sort Of 'head
and tailsn mode. The little man 'shove" the
big one Of his stock In trads-six cents, with the
goddess Of liberty stamped on their faces. But
not wishing to be declared "bankrupt, /" he in
creased his capital stock to double the original
amount BY borrowing ten coppers from the &C.
eommodAting clark Of the court, pitched in
again and "buntsd'' the little man "aii to
smash directly under the nose Of Justice, the
police being interested spectators on the occa-
sion
Now, when this listlcss way Of killing further
time was going on inside the court room, there
appeared to be little more concern and anima-
ton manifested in the passage and Offices out
side, and adjoining the temple Of justice. A
goodly number Of the legal fraternity and others
were converting in groups in the Offices and
about the DOORS and District Attorney Caring
ton was pacing up and down the passage In q
semi. .abstractediy, nervous movements, giving
rise to the uninitiated that something unusual
was up" But in about half an hour after the
arrival Of the Judge, the quiet excitement some
what subsded; still speculation was rife a. TO
the number for aequttal and the number for
conviction, and who they were for and against
conviction. .. .... .....
At half past twelve O'Clock, Deputy MarshaI
Phillips came into the court room and stationed
officers in their wonted places whom tine trial was
going on. This was signal for the spectators
to crowd into the court room, and within the
bar by those who had permits, and the spacs
outside and within the bar was soon filled TO
OverfoWing The District Attorney and Mr.
Bradley, jr., were within the bar at the time.
Subsequently, Mr.. Bradley, sr., and Mr.. Merrick,
the counsel for the prisoner, made their appear
ance few moments Afterwards.
Precisely at o'clock the prisoner, John II.
Surratt, was brought into court, and the usual
seat assigned which he occupied during tho CIV
ing in Of the evidence pro ct con. He made his
appearance in court with head erect firm step,
with pleasing countenance; appeared to be In
very good spirits as he conversed with his
counsel
A, si1 minutes past O'Clock Judge Fisher
came into court and resumed his seat on the
bench and ordered tho crier to open court,
Mr.. Mulloy, the crier, called the court to
order, and Marshal Phillips was directed To bring
the jury down.
By this time the room was much crowded.
The jury was brought In at eight minutes past
|, and BY the direction Of Judge Fisher the
names Of the jurors were called
Mr.. Middleton, the clerk, addressing the
jury Gentlemen Of the jury, have you agreed
upon your verdict
Mr.. Todd. We have not been able to agree.
Judge Fisher. have received the following
letter from the jury
Toth, lion. Geo. p. Fisher. Judge er the Crfmfnat
sR: The jury in the case Of the United States
vs. John IL. surratt most respectfully state that
they stand precisely now as when they frat
balloted upon entering the room-nearly equally
diVided-and they are firmly convinced that they
cannot possibly make verdict. We deem It
our duty to the Court, to the country. and in
view OF the condition Of our private affairs and
situation Of our families, and in view Of the fact
that the health Of several Of our number is be-
coming seriously impaired under the protracted
confinement to make this statement, and to ask
your Honor to dismiss US at once.
Most respectfully submitted.
W. B Todd, Robert Ball, J. Russell Barr, Thos
Berry, George A. BOhrer, G. @. Schneider, jas.
J. Davis, Columbus Alexander, William Mclean,
Benz. I. Morsell, b. 3. Gittings, W. W. Birth.
After the reading Of the letter from the Jury,
the Judge inquired IL either side had ything
to say why the jury should not be discharged.
Mr. Bradley, sr., said the prisoner was op-
posed to the jury being discharged, and, II SO,
would be under the protest Of the prisoner.
District Attorney Darlington left It altogether
with the discretion Of the court.
The Court remarked tia; Is had received from
the Jury two or three lsi>s .. tzilar tenor to
the above, aud II there -.T. tsy liability Of
the Jury arriving At verde: I: pgalA not object
to keeping them for q reasonable length Of time
but as 1t was informed there was no po,,ibility
ot the Jury agreeing, the Court would discharg,
tne Jury AT ten minutes past one the Jury wa,
aischarged, after having been out seventy .tbre,
hours and on the trial sixty days. The jur,
Immediately left the court room
Judge Fisher immediately thereafter read tn
following
have now a very unpleasant duty to di.
charge, but one which cannot forego. On th
"a day OF July last, during the progress Of II
triai Of John IL. surratt for the murder Of Abr
ham Lincoln, Immediately after the court hr
taken recess until the following morning
the presiding justice was descending from Il
bench, Joseph II. Bradley, esq, accosted him
rude and insulting manner, charging Il
judge with having offered him Mr. Bradley
series Of insults from the bench from the col
mencement Of the trial. The judge disclaim
any intention.
Mr. Bradley, so far from accepting this G
PLANTATION or disclaimer, thereupon threaten
the Judge with personal chastisement Us be u
derstood him. No court can administer justi
or live II its Judges are to be threatened wi
personal violence on all occasions whenever t
Feasibility Of counsel may be excited by an i
aginary insult The offence Of Mr. Bradley
one which even his years will not palliate.
1t cannot be overlooked nor 90 unpunis she ed
contempt Of court 1t is therefore order
that his namo be stricken from the rolls Of .
toneys prGcticing in this court
MIR. Bradley, sr,, arose Immediately and Z
quired II the court had adjourned.
Judge Fisher. 1t has, sir.
Mr.. Bradley, (excitedly.) Then, sir, in I
presence of this assembly hereby pronour
the statement just made by the Judge us uttei
false in every particular.
Judge Fisher, dnteruptipg him. Crer 4
jOurn the court.
adjourned
Mr. Bradley. We'll, will now say
Judge Fisher, (rising to leave the bench.) Y
can say what you please, sir, and make a spec
to the crowd, If you like.
Mr. Bradley. You haze no authority to d
miss me from the bari that must be the act
three OF the judges Of the Supreme Court.
Judge Fisher made 4 response to Mr. BradIs
(which was inaudible to us,N and then procssd
out Of the courtroom followed NV n r. ~