Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1867-08-15
END o. ruE sURRATT TRIAL.


Neer nine weeks Of prolonged excitement,
attendant upon most remarkable tit, the
S.r-a.. jury las been unable 20 agree, ondycs-
t,rlay afternoon It was discharged after a de-
liberation Of s.ycuty-tlrcc hours aud thirty
eight minutes. An yesterday morning the VI
ciai.y Of tho C,;y Hall was lively with persons
coming and eoas. Spccu'atoHs were rife out
rga.agpas.tjyo was kuownof the condition oil
ths urv. Atl2ao, however, movement was
mad, which looked as though something def
mite was 60 trauspire.
D.nrty Marshall Phillips called his bailiis
-,.t ,..I Stationed them and large force OF po-
r..u.n n and about the courtroom. AT !
,t.'...S ths prisoner was brought into tie court
r..u. he came in smiling, chattod WltR h'S
counsel, and seemed Co bciu very good sp.u'5'
Shortly thereafter the judge took hes scat upon
the bench, aad iu q few minutes the jurors en-
tered the room. By this Time Che c'ui'-'','i,
was much crowded The jurors al presented
an anxious. cIrCw0ru Appearance ana ''se'','-
cd o. bea perfect relief o. them o. pc OI'"-H'
into laec5uit-r5,m. A0cr they had been seat
.i ana order had been restored, the following
scenes TRANSFERRED:
m lFIdic.oa. the clerk, addressing the
fnrv.l Gentlemen ot the jury, have You agreed
upon your verdict?
Mr. TaL-Wo have not been able to agree.
Jrl-c Fsher.-I have received the follow
inc letter from the jury:
n. Hs ION. Geo. T. Fisher, JU7ge Of NE
rrjr-4g7 C1p!-Sir: The jury in the case Of
tbe Urftcl States Us. john III. Surratt mostre-
sua.f5iUv state that they stand precisely now
as when they first ballottcd upon entering the
room nearly equally divided, and they are firm
~ convinced that they cannot possibly make 4
verdict. We deem it our duty to the court, to
the country. and in Wow 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 becoming scriOusl yimpaircd un-
der the protractclNconfnomout, to make this
statement and 20 ask your honor 20 dismiss as
at once. Most respectfully submitted:
w. b. Todd, Robert Ball, J. Russell Barr,
Thomas Berry, Geo. A. Bohrcr, c. G.. Schnel-
der. James Davis, Columbus Alexander, VIM.
Mclean. Benjamin I. Morsell, b. &. Cuttings,
W. W Birth.
After the letter had been read. Judge Fisher
asked if anything was to be said on either side
why the Jury was not to be discharged?
Mr.. Bradley said the prisoner did not con-
sent; and, if there was any discharge, it would
be against the protest Of the prisoner.
Mr.. Darlington said he would leave the
whole matter with the court.
Judge Fisher said he had already received
two or three notes Of a similar tenor to the one
read. If there was any possibility Of the jury
agreeing. he would not object to keeping them
for o reasonable time; but, as he was Informed
they could not possibly agree, he would dis
charge them.
The Jury was accordingly discharged at ten
minutes past one o'clock.
Tho Jury then left the courtroom.
Judge Fisher then Immediately read the fol-
lowing:
Il have now very unpleasant duty to dis
charge, but one which l cannot iorcgo. On
the "a day July last, during the progress of the
trial Of John IT, Surratt f1rmurlcr Of Abraham
Lincoln, Immediately after the court had taken
] arcccss until the following morning as The Pre-
siding justice was descending from the bench,
Joseph II. Bradley, ESD, accustcd him ma rude
and insulting manner, charging the judge with
having offered him Mr.. bradley q series of IN
suits from the bench from the commencement
of the trial Tho Judge disClaimoi any intcn-
/ ton whatever Of passing any insult, and as
surcl Mr.. Bradley that he entertained for him
no other feelings but those ofrcspcct.
Mr.. Bradley, so far from accepting this cX-
panati0n or disclaimer thcrcUp0n threatened
the Judge with personal chastiscmcnt, as he
understood him. NoC0urt can administer JUS
/ tee or live if its judges arc 70 be threatened
/ with personal violence on all occasions when
| ever the irasciLility Of counsel may be excited
| by Gn imaginary insult Tho offence of Mr..
Bradley is one which even his years viii not
I pai.ia,c. 1t cannot be overlooked nor 60 I'M
| punished as a contempt of court. 1. is thcrc-
/ fore ordered that lis name be stricken from the
rolls Of attorneys practising in this court"
! Mr. Bradley Immediately rose to his feet and
asked if the court had adjourned.
Judge FisECr-It has not, sir.
Mr. Bral'cy.-Thcn, sir, in the presence Of
thec5urt and This assembly, hereby pronounce
/ the statement Just made by tho Judge as utterly
false In every particular.
] Judge Fisher, liDtcrruptiug.l-Crier, adjourn
I the court.
Mr. 1Iulloy, (tho criorl-This court is now
adjourned.
Mr. Bradlcy.-WcIl, then, 7 will say now.
/ Judge Fisher, rising TO leave the bench.)-
| You can say what you please, sir, and make q
/ speech TO the crowd, If you Ike.
! Mr. Bratlcy.-lou have no authority to dis
/ miss me from the bar; that must DC the act Of
| three judges of the Supreme Court
/ judge Fisher made reply which was inau-
/ 5ib'c On your reporter. and then left the room,
/ followed by a large crowd Of persons.
Immediately after leaving the courtroom
/ Judge Fisher proceeded 70 the street and enter
/ ella car for thapurposc Of proceeding mp town.
I Tie was followed closely by DIr. Bradley, who
/ entered the car, and stcppjngUp 70 Judge Fish
/ gr, handed him note. Judge Fisher took the
/ l1tg. rose 20 his feet, opened 10. and began to
rel. H. and Mr.. Bradley turned and left the car
/ around which an excited crowd had gathered.
Several police sPrlug into the car. and officer
/ Ntlleury stepped to the side of Mr.. Bradley.
/ and kept In that position while he romaiael I'm
\ the car. Leaving the car, Mr.. Bradley passed
\ through the crowd and entered his Office. and
! was followed 10y several friends belonging 20
| the bar. \ large crowd Immediately gathered
/ on the corner in front of his Office.
After remaining in his office few moments.
Mr. Bradley came ont arm-in-arm with lis
I brother Charles Bradley, Esq, Of the National
Bank Of the Republic, and proceeded down
L0uisuuaavcnue, followed byacrowd of friends
and curious persons who eXcitcdly discussed
thcpv0cccliugs which l.l just trauspircd In
the meantime Judge Fisher resumed his seat in
. the car and continued his pcrusal Of the note,
I while Che car moved of. A number Of his per-
soma, friends had entered the car, and great
ts'. of apprehension was manifested Of per-