The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-08-12

wASHISGToN,+ August lO.-At one
O'Clock the prisoner was brought into
the court. room seeming in very good
spirits. Judge Fisher resumed his seat
the crier called the court to order,
and Marshal Phillips was directed! TO
call the jury down. By this time the
courtroom WAS densely crowded. The
Jury was brought in at 8 minutes past
one o'clock, and the foreman stated
that they had been unable to agree.
Judge Fisher then read the following
letter:
TO he Hon. John P. FISHER, Judge Of
the Criminal Court:
SIR-The jury in the case OF the
United States rs. John II, Surratt, nost
respectfully state that they stand pre-
cisely now the same as when they nTst
balIotted upon entering their room.
They are equally divided and they are
firmly convinced that they cannot pos
sibly make u verdict. We deem it onr
duty TO the court and to the country,
and In view of the condition of our Pri-
yate affairs and situation of our fami-
lies; and in view of the fact that the
health of several of our members is be-
coming seriously impaired under pro-
longed confinement, to make this state
ment, and to ask your honor to dismiss
us at once. Most respectfully submit
ted, and signed by all the members of
the jury.
Amer some conversation Judge Fish
er ordered their discharge.
Judge Fisher then rose and read the
following: l have now "a very unpleas-
ant duty 10 discharge, but one which 1
cannot forego. On the second day of
July last, during the progress of the
trial of John n. Surratt for the murder
of A Abraham Lincoln, Immediately after
court had taken recess until the FOL
lowing morning, as the presiding jus
i . kNnEn nh
Joseph a. Bradley, Esq, ace oSted him
in II rude and insulting manner, charg-
ing the Judge with having offered him
Bradley with n series of insults from
The bench from the commencement of
the trial, and the Judge disclaimed any
intention whatever of passing any in
suit, and assured Mr.. Bradley that he
entertained for him no other feelings
but those OF respect. Mr.. Bradley so
far from accepting this explanation or
disclaimer, thereupon threatened the
Judge with personal chastisement. As
he Understood him, no court can adj
minister justice or live If its Judges are
TO be threatened with personal violence
ON all OCCASIONS, whenever the irAsci-
bility of the counsel may be excited by
an Imaginary insult. The offence of
Mr.. Bradley is one which even his years
will not palliate; it cannot be overlook
ed or go UNPUBLISHED as n contempt of
court. II is therefore ordered that his
name be stricken from the roll OF at
torneys practising in this court.
Mr.. Bradley Immediately arose and
asked il the court had adjourned.
Judge Fisher-It has not, sir,
Mr.. BradIey-Then, sir, in the pres
ence of the court and assembly, here
by pronounce the statement just made
by the Judge as utterly false in every
particular.
Judge Fisher, interruptlng, cried "Ad-
iourn this court! :"
The Crier-This court is now ad.
journed.
Mr.. Bradley-well, then, will say
now -uEH-.
Judge Fisher-trising to leave COURT
You can say what you please, sir, and
make n speech to the crowd If you like.
Mr.. Bradley-You have no authority
to dismiss me from the bar. That must
be the act of three of the Judges of the
Supreme Court.
Judge Fisher made n reply, which
was inaudible to the reporter, and then
left the room, followed by large crowd
of persons. Immediately afLer leaving
the court room, Judge Fisher proceeded
| to the street and entered a car. He was
followed closely by Mr.. Bradley. who
entered the car, and, stepping up to
Judge Fisher took the note, rose, open
ed and began to read 1t. Mr.. Bradley
turned and left the car, around which
an excited crowd had gathered.
1t is understood that the note was n
challenge. Several policemen sprang
into the car and officer McHenry
stepped to the side oil Bradley, and
kept in that position while he remained
in the car. on leaving, Bradley passed
through the crowd and entered his
office, followed by several friends be-
longing to the bar. A large crowd i'm
mediately gathered ON the corner in
front of his office. After remaining
in his office a few moments Bradley
came out, arm in arm with his brother,
and proceeded down Louisiana avenue,
followed by a crowd of friends and
curious persons, who were excited by
| discussing the proceedings just trans
pired. In the meantime Judge Fisher
| resumed his seat in the car and contin-
ued the perusal of the note while the
car moved of. A number of his per-
sOnal friends had entered the car, and
a great deal of apprehension was man
Tested of a personal encounter between
the Judge and the deposed lawyer.
The order of Judge Fisher dismiss
ing Bradley has created most intense
excitement among ali classes. The
police are preserving order. The MEM
bers of the bar are generally bitter in
their denunciation of the Judge, and
have called meeting on Monday
morning. They seem to make common
cause against Judge Fisher, who, they
openly declare, has disgraced himself
by using his official power to resent a
personal assault.
Surratt was remanded TO the custody
of the Marshal and returned to jail.
.rl -%SS---