Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-08-12
SURRATT,S TRIAL,

The Jury Unable 10 Return n Verdict
Quarrel between Judge Fisher
and Lawyer Bradiey-BradIeyc chaI-
lenges Fisher Lively times and
Great Excitement.
WASHINGTON, Aug. 10.-At one o'clock
the prisoner was brought into the Court
room. He seemed in good spirits.
Judge Fisher resumed his seat and the
crier called the court to order, and Mar
shall Phillips was directed to call the jury
down. By this time the court room was
densely crowded. The jury was brought
in at eight minutes past one, and the fore
man stated that they had been unable to
agree. The Judge read the following let
ter:
To the Hon. Geo. P. Fisher, Judge Criminal
Court:
"S1R-The jury in the case of The U. S.
vs.. John Fl. Surratt, most respectfully
state that they stand precisely now as when
they first balloted upon entering the room;
they are nearly equally divided, and they
are firmly convinced they cannot possibly
make verdict. We deem it our duty to
the court. and to the country and in view
of the condition of our private affairs end
the situation of our families, and in view
of the fact that the health of several of our
members is becoming seriously impaired
under prolonged confinement, to make
this statement, and to. ask your Honor to
dismiss US at once.
"Most respectfully submitted"
Signed by all the Jury.
After some conversation Judge Fisher
ordered their discharge.
Judge Fisher then rose and read the fol-
lowing;
81 have now a very unpleasant duty to
discharge, but one which ] cannot forego.
On the second day of July last, during the
progress of the trial of John II. Surratt for
the Tnurdar of hro ham inaO1n I'M IL
ately after court had taken recess until
the following morning, as the presiding
justice was descending from the bench,
Joseph Fl. Bradley, Esq, accosted him in a
! rude and insulting manner, charging the
Judge with having offered him Bradley
series of insults from the bench from the
| commencement of the trial, and the Judge
disclaimed any intention whatever of pass
ing any insult, and assured Mr.. Brad
ley that he entertained no other
feelings but those of respect. Mr..
Bradley so far from accepting this
explanation or disclaimer, thereupon
| threatened the Judge with chasetisement,
as he understood him. No court can ad-
minister justice or live, if its Judges are to
be threatened with personal violence on all
occasions whenever the irascibility of the
| counsel may be excited by an imaginary
insult. The offense of Mr.. Bradley is one
which even his years will not palate; it
cannot be overlooked or go unpunished as
contempt of court. 1t is therefore order
ed that his name be stricken from the list
of attorneys practicing in this court.
| Mr.. Bradley arose and asked if the couIt
| had adjourned.
| Judge Fisher-It has not, sir.
| Mr.. Bradley-TheH, sir, in the presence
of the court and assembly, hereby pro-
nounce the statement. just made by the
Judge as utterly false in every particular.
Judge Fisher, terrupting-Crier, ad-
| journ the court.
The Crier-This court is now adj ourned.
Mr.. Bradley-Well. then, / will say
Judge Fisher, rising to leave the bench
| I 1ou can say what you please, sir, and make
a speech to the crowd. if you like.
| Mr.. Bradley-You have no authority to
dismiss me from the bar; that must be an
act of three of the Judges of the Supreme
| Court.
Judge Fisher made a reply which was
inaudible to the reporter, and left the
room followed by large crowd of per-
sons. Immediately after leaving the court
room. Judge Fisher proceeded to the street
and entered car, and was followed close
| ly by Brady, who entered the car and
stepping up to Judge Fisher handed him
note. Judge Fisher took the note, rose,
opened and began to read it. Mr.. Bradley
turned and left the car, around which an
excited crowd had gathered.
1t is understood the note was challenge.
| Several policemen sprang into the car, and
officer McHenry stepped to the side of Mr..
Bradley, and kept in that position while he
remained in the car. Mr.. Bradley passed
| through the crowd and entered his office,
followed by several friends belonging to
the bar. A large crowd Immediately gath
cred on the corner In front of his Office
AfteI remaining in his Office few mo-
ments Mr. Bradley came out, arm in arm
with his brother, and proceeded down
Louisiana avenue, followed by a crowd of
friends and curious persons who excitedly
discussed the proceedings just transpired.
In the meantime Judge Fisher resumed
his seat In the car and continued the peru
sal of the note while the car moved off. A
number of his personal friends had entered
the car and great deal of apprehension
was manifested of a personal encounter be-
tween Judge Fisher and the deposed law
yer.
The order of Judge Fisher dismissing
| Bradley has created most intense eX-
citement among all classes. The
police are preserving order. Mem
bers of the Bar generally are Bit
ter in their denunciation of the Judge and
have called meeting for Monday morn
ing. They seem to make common cause
against Judge Fisher, who, they openly
declare, has disgraced himself bp using his
W pOloOudl dSodul1'
Surratt was remanded to the custody of
the Marshal and returned to Jail.
Secretary stanton and the President
New YORK, Aug. 1.-THE Herald's
Washington special says: 1t is stated on
Tuesday next the President will perempto-
rily dismiss Secretary Stanton, unless, in
the interim, his resignation is rendered. 1t
is also the report that the President had
expressed the determination to resign the
1 lpQVa Radicals f1Oht
it out on the reconstruction business among
themselves, and contradicts it on White
House authority.
The Times Washington special says: The
latest rumors growing out OF the Stanton
embroglio, is that the President has been
advised to resign, his administration friends
arguing that such step would lead to the
destruction OF the Republican party.
| German Festival.
BosToN, August n.-A large number of German
visitors are now in the city to participate in the