Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1867-08-16
The surratt Trial.

AT one O'Clock on Saturday afternoon
Surratt was brought into the courtroom,
and Judge Fisher resumed his seat. The
crier called the coult to order, and Mar
shall Phillips was directed to call the jury
down. BY this time the courtroom had
become densely crowded The jury was
brought in at minutes past o'clock, and
by direction Of Judge Fisher the names of
the jurors were called. Mr.. Middleton,
the clerk, addressingthe jury, said Gen
tlemen of the jury, have you agreed upon
your verdict - Mr.. Todd, the foreman,
replied !" We have not been able toagree."
Judge Fisher then said that he had re-
ceived the following letter from the jury
To the Hon. George P. Fisher Judge Of the
criminal court-Sir: The jury in this case of the
United States versus John II. Surratt, most res
pectfuly state that they stand precisely now as
when they first baloted upon entering the room.
They are 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
also in view of the fact that the health Of several
of our number is becoming seriously impaired I'M
der the protraeted confinement 10 make this state
ment and to ask your Honor to discharge us at
once. Most respectfully submitted.
(Signed by all of the jury)
During the entire retirement Of the ju-
ry they remained as follows: For convic-
ton, Messrs. Todd, Barr, Schneider and
Mclean; for acquitta, Messrs. Davis,
Berry, Ball, Bonner, Alexander, Losell,
| Getting and Birth. There is respectable
authority for stating that the jury disagreed
on the question of the absence of Surratt
from Washington at the time Of the assas-
sination, and that they were entirely agreed
on the point that had he been indicted for
the conspiracy, he would have been con-
victed Immediately on their retiring 10
their room. The jury was Immediately
discharged and left the courtroom, and
Surratt was remanded to the custody Of
the marshal and returned to Jail.
| Judge Fisher then rose and immediate
| ly read the following document
g / have now 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 H. Surratt for the murder of Abraham
Lincoln, Immediately after the court had taken a
recess uutil the following morning as the presid-
ing justice was descending from the bench, Jo-
seph II. Bradley, Esq, accosted him in rude and
insulting manner, charging the judge with having
offered him Mr. Bradley a series Of insults from
the bench from the commencement of the trial
The Judge diselamed any intention whatever of
passing any insult and assured Mr.. Bradley that
he entertained for him no other feelings but those
OF respect Mr. Bradley, so far from accepting
the explanation or disclaimer, therenpon threaten
ed the judge with personal chastisement as he nm
derstood him No court can administer Justice
or live II Its Judges to be threatened with per-
sona violence on all occasions whenever the iras-
eibility of the counsel may be excited by an i'm
aginary insult. The oiiense OF Mr.. Bradley is one
which even his years will not palliate. 1t cannot
be overlooked or 20 unpublished as a contempt OF
court Il is therefore ordered that his name be
stricken from the roll of attorneys practising in
this COURT
Mr.. Bradley Immediately arose aud ask
ed if the court had adjourned.
Judge Fisher 1t has not, sir"
Mr.. Bradley Then, sir, in TIE pres
ence of this court and assembly, hereby
pronounce the statement just made by the
judge as false in every particular"
Judge Fisher, in,errupting-" Crier,
adjourn the court"
The crier--' This court is now adjourn
ed"
Mr.. Bradley" Wen then, will say
now"
Judge Fisher, rising to leave the bench
-" You can say what you please, sir, and
make speech to the crowd if you like"
Mr.. Bradley" You have no authority
10 dismiss me from the bar. That must
be the act of three of the judges of The SUI
preme court"
Judge Fisher" Very well, Mr.. Brad
ley, you can make your proper appeal"
Judge Fisher then proceeded TO the
street and entered car. lie was follow
ed closely by Mr Bradley, WHO entert
the same car, and stepping up TO Judge
Fisher, handed him note. Judge Fish
er took the note, rose, opened and began
to read it, when Mr.. Bradley left the car,
around which an excited crowd had gath
cred. 1t is understood the note was a chal-
lenge. Several policemen sprang into the
car, and Officer McIIenry stepped to the
side OF Nj. Bradley and kept in that po-
siiion 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 who be-
long TO the bar The crowd Immediately
+ gathered on the corner in front.of the
building, aud Mr.. Bradley soon came out
arm-in-afm s. iIh his brother, ard proceed
ed down Louisiana Avenue, followed bv a
crowd OF friends and curious persons, who |
exci;ingly discussed the proceedings JUS,
traaspired. In the meantime judge Fish /
er resumed his seat in the car and eontin- I
ued The pesusai Of the note til the car
moved off. A number of his personal
friends had entered the car, and GREAT I.
. deal OF apprehension was manifested Of a
personal encounter bctwt ca the indge and