Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1867-08-17
THE sURRATT TRIAL.

WAsnlNoToN, Aug. 1o.-At 1880 Deputy
Marshal Philips came into the court room
and stationed the officers. This was the
signal for rush on the part Of the crowd
that had been patiently waiting outside,
and they quickly filed up the space outside
the bar. A number were admitted inside
The bar. District Attorney Darlington was
in the court room at the time, and Mr.. Brad
ley, Jr., one of the counsel for tho prisoner,
came in moment afterwards. Mr.. Bradley,
Sr, and Mr.. Mcrrick subsequently entered
the room, they having been sent for. There
was decided commotion in the court room,
and it was whispered about, "The jury has
agreed "They are going to discharge the
jury" they can't agrce, and have asked to
be discharged" &C., &c. rNti lt a ~.
At one o'clock the prisoner was brought
into the court room and assigned the seat
occupied by him during the trial beside his
counsel. He came into court smiling, and
seemed to be in good spirits, as he chatted
with his counsel.
MIR. Merrick made an allusion 70 a report
that an attempt would be made at rescue,
whcreat the prisoner seemed to be much
amused. 'a0.
At five minutes past one Judge Fisher re-
sumed his scat upon tho bench.
Mr.. Malloy, the crier, called tho court to
order, and Marshall Phillips was directed to
bring tho jury down. By this time the
room was much crowded. The jury was
brought in at eight minutes past one, and
by directions of Judge Fisher the names of
the jurors were called.
Mr.. Middleton, the clerk, addressing the
jury said "Gentlemen of the jury, have you
agreed upon your verdict 2"
Mr.. Todd. We have not been able to
agree.
Judge Fisher. Ihave received the follow
ing letter from the jury:
10 the Hon. George Il. Fisher, Jadg6 Of The
Criminal Court:
Il SIR: The jury in the case Of the United
States vs.. John H. Surratt most respectfully
state, that they stand precisely no WINS when
thoy first ballotted upon entering the room
nearly equally dividcd-anG they are firmly
convinced that they cannot possibly make a
verdict. We deem it our duty to the court,
to the country, and in view of the condition
of our private affairs and the situation OF
our families and IN view of the fact that the
health of several of our number is becoming
seriously impaired under the protracted con-
fnemont, to make this statement, md to
ask your uonor to dismiss us at once.
Most respectfully submitted.
w. b. Todd, James Y. Davis,
Robert Ball, G. AlGyander,
j. Russell Barr, Nm. NldIican,
Thomas Berry, Benz. L. Morscli,
i Geo. A, Bohrcr, B. L. Citing,
G. G.. Schneider, w. W. Birth.
After the letter had been read, Judge
Fisher asked if anything was to be said or
either side why the jury was not to be dis
Q charged.
2 Mr. Bradley said the prisoner did moi
. consent, and ii there YVES any discharge, II
, would DC against the protest of the prisoner
Mr.. Darlington said hc would leave tho
l whole matter with the Court.
, Judge Fisher said lie had already re
! ceiyed two OP three notes of a similar tenol
: to tue one read. If there was any possibil
: ty of the jury agreeing, he would not ob
, iect to keeping them for reasonable time
0 But rs he was informed they could not pos
!, SILLY agree lie would discharge them.
. The jury was accordingly discharged at tcr
minutes past enc O'clock, and the jury thcr
@ left the court room.
0 Judge Fisher then Immediately read thu
: following:
have now very unpleasant duty to dis
charge, but ono which cannot forogo. Oh
the I'd day of July last, during the progrcs:
of the trial of John Ii. Surratt for the mur
der Of Abraham Lincoln, Immediately alte
8 the court had taken q recess until the fol
4 lowing morning, as the presiding justice
n was descending from the bench, Joseph II
Bradley, Esq, accosted Lim in rude ant
insulting manner, charging tho Judge will
0 having offered him Mr. Bradley series o.
{ insults from the bench from the commence
o ment of the trial. The judge disclaimeG
any intention whatever of passing any i'll
suit, and assured sIr. Bradley that he enter
: tanned for him no other feelings than thos(
of respect. Mr.. Bradley, 80 far from &c
cepting this explanation or disclaimer
{ threatened the judge with personal chastise
v mcnt
! AS lie understood, no court can administer
, justice, or live, ii its judges are 10 be threat
5 encd with personal violence on all occasion!
= whenever the irrascibility Of counsel may b.
y excited by an imaginary result. The offcns,
. Of Mr.. Bradley is one which even his year.
will not palliate 1t cannot he overlooked
nor go unpunished as contempt of court
1t is therefore ordered that his name b,
stricken from the rolls of attorneys practic
!, ing in this court.
!. Mr. Bradley Immediately rose to his feet
I and asked if the court had adjourned.
Judge Fisher 1t has not, sir.
y MIR. Bradley. Then, sir, in the presence
Of the court and this assembly, l hereby
c pronounce the statement just made by tht
Judge as utterly false in every particular.
Judge Fisher, interruptug. Crier, adjourn
the court.
, Mr. Aalloy (thc c.ici). This court is now
= adjourned.
Mr.. Bradley. Well, then, will SOY now,
9 Judge Fisher (rising to leave the bench)
. You can say what you please, sir, and max,
= u speech to the crowd, i: you like.
Mr.. Bradley. You have no authority tC
n dismiss me from the bar. That must bC
/ the act OF three Of the judges of the Supreme
Court.
/ Judge Fishes said, 'NTery well, Mr.. Brad
i ley, you can make the proper appeal" II,
J. then left the room, followed by larg,
] crowd of persons.
: immediately after leaving the court room
C Judge Fisher proceeded TO the street ant
C entered II car for the purpose of proceeding
G up town. lie was followed closely by Mr.
i Bradley, who entered the cara and, step
{ ping up TO Judge Fisher, handed him ),
c uOtc.
t Judge Fisher look the note, rose to hi
i feet, opened it, and began to read it, ant
L Mr.. Bradley turned and left the car, arouni
i which M excited crowd had gathered.