The national Republican., 1869-06-29
THE COURTs.
OrRcuir OouRr-Jvdge wyiie.-This court
was engaged yesterday with

THE COURTS.
OIRcuiT OouRr-Jvdge wdie.--This court
was engaged yesterday with
rHE HEBRADLnY.risnE1 CASE.
Upon the opening Of the court Judge Fisher,
with Messrs. Riddle and Cook and Mr. brad.
ley, with Messrs. Hughes aud ]. Morrison
ioimiisSis srisy o. BOOK. Being piled dSrs ssforss
them, A very large crowd attended both
within and without the bar. ~ -TIl. =
MT msgne, desired to "a. The a,,stoS Of
to the empannsiing Of jurics. The law re'l
from box by ballot BY the clerks, and from
ioas as%ss isssiSs % he ~ @ of % cSsiissse Of
course still undisturbed. He desired thatthat
Law should be complied with. ..I"
Mr. Cook. We have no objection. ~
Tho court. Ths ballots will be prepared and
drawn according 10 law. ~ ..itu boz.
The ballots were prepared and drawn ao.
soIdlnfly BY Deputy Clerk Damp with the fol-
Dropped-Thom.s @. Dousiu.op, n. p. Ysat.
man, 8, II. Potter, James Powell, A. N. Dodge,
George 7. Rsub, Thomas murphy, Charles
Jnrors-Peter Nay, J ohm p. Hilton, samuel
n. Taylor, Wm, II. fauisnet, W. =. HaIel,
Me9lus, Thomss ". Kesthiy, WA. HieSey,
Samuel II. Williams, VIM, Rfckham. FI
While the striking OF was In progress, Mr..
pattie. struck the same name so a. to leave
more than u remainder, was the clerk or some
one else to strike out the otherst TF#
Mr.. Bradley .aid that u both parties left
names on the list, these names were their
choice, or ought to be, and It matteredl not
who struck of the rest. aI." Fsu.. y
The names Of the Jurors were then called.
When 7Mr. ftrnkln's name was called, he
asked 10 bo excused. lie had such relations
with both parties that he felt very much In
disposed to act In the case. .a. -, f,tN
their confidence IN him BY not striking him
oil. Should he be stricken OF three other
names would have to be drawn. ~ o.. '1
The Court; We osnnot excuse you .l 10
some delay now occurred In consequence Of
the absence Of the papers. After the deiay,
the phptrs not having been found, n.1 dnE
eoSG a b bssSsy Ss:s az d. ss Of the papers
This was agreed to, aud the jury sworn 70
try. the Issue as BY the copies lsl
scSuInanes Of Is. gen pPsInti M iI IA HI
case, he felt great interest In this suit. lf-
II was not novel, bvt q worry rsre suit. Il
wa, an .Stion q iieea brought sy an attorney
protected by the Judicial office. This attorney
had practioed as an attorney for thirty years,
and had, with one exception, but one difficulty
misspprehension as 10 the ofilce Of an atof.
ney. Ho was not man to be paid for doing
w6stevsr his client wanted him. He va, .S
the proper discharge Of Judicial funciions.
an, ne mu,I no, S,n =. |. m,e who would .erook the
follow fawning." lie ws- bound to courtesy
and decorum towards the court, which IN turn
was bound to be impartial and to know no
attorney except a, e an ofneer o. the court. II
which crossed the eyes OF Justice waA too
often slipped aside bv party prejudice or por
sonal feeling, For himself he had served his
apprenticeship at the feet Of Gsmaliel; for he
had for two years been clerk OF court TO Chief
Justice Marshall, the persopifcAtion OF i'm.
pnrtiality and justice.
II had sometime been hold In England that
GOV 1rDor OF the island Of Minorca could not
be held responsible for false imprisonment In
A case whore such an action would lie against
= private indy vidual. But Lord Maasneld
said that In such oAse, II an action did not lie
against any one else, u would lie At least
against a Governor. He quoted 2 Howard,
$50, As showing that libels were to be pun.
ishe1li the exceptions only made It incumbent
upon the plaintiff to show malice from all the
circumstances surrounding the libel or from
the libel itself, from which the Jury can draw,
II such inference seem proper, an Inference Of
malice.
Mr.. Bradley then proceeded to state the
facts attending with Judge Fisher at the close
term OF the Criminal Court which tried John
IL. SuTratt continued In session until the 10Th
Of August although new term THE June
allowed by law sub m0do, for one purpose only
the trial OF Sutratt-snd at the completion Of
that trial ceased to be a eourt-become. .fnnefn
Of that trail, no power as Judge Of the Crimi.
nal Court, and at the close OF that case ceased
TO be the Judge OF that court, his power being
q. completely swept sway IS though no had
Ho further alluded TO the et,c OF Judge
Peck. who had disbarrc! Col. Lswlcss, and
had p been cen imresshsd thcreiori after whose
1881, that in a unitei states Court no con.
tempt could DC punished unless committcJi'lu
as to obstruct the Naturalization OF Justise,I
or BY the disobedience OF an offlc6r. ~
Mr = then read the order Of Judge. Fisher,
which he eonisnded was read after the close
Judge Fisher had ceased to have authority AZ
q Judge Of the Criminal Court, lie RsseHtel
that tne declarations effhet IN that order were
He said that on the day OF July In which It
was alleged he had insulted Judge Fisher,
Judge Oartter and Colonel Todd were sitting
At the judsesseati Judge Fisher had goae into
the mar.hals room, the jury had gon0 10 tho
Seaton House, the prisoner had conferred with
his counsel, aud had been carried to the jail,
the vast audience had dispersed, and Judge
Fisher had left the marshaps room and gono
out OF the courthouse. He had returned to
the court room, gone partly up the steps,
brella. and had come down the steps, when
Mr.. Bradley asked him what he meant BY
treating him as he had done that day. Other
words followed, which u would be for wit.
nesses to testify to. He stated these facts as
they were published 10 some OF the papers at
What passed at that interview is Of no in.
take plSee while tho court was Ia teIsioni
This was all he desired to say.
The Court asked II the defence wished to
Mr.. Cook. We shall reserve our opeuing.
:, The Court Now, want to know what the
.Mr. Cook. I think can sts,o 1t. Tho O,t
plea is not guilty, and the stSoad plea ia thai
the words alleged to be libel were TAde as
judge Of the Criminal Court in an oiieIal
order properly made as such judge.
Some ul0guaaiOl fnnuau IA In ha oh
OF EVIDENCE necessarily to sustain the action.
Judge. Wylic The Court Is OF the opinion
that as the issue is upon the averments OF the
Plea pea Anu ,S me repiie''ions, you will have to
The plaintlfr thea called;
L. ]. Middleton, CLERK OF the Criminal
disbsrrins Nj Bradley ssoWn.l TSst NJ Il ofas tss
paper which Judge Fisher read from the bench
on M The nGas iSth Of ASggg,t,
Mr. Cook objected. It wa, not the p,psr Sc,
out In the declaration. ~ - = =.
out the whole libel, It was only necdi9l 10 sot
out the injurious parts, ~ I0rI'
Judge wyHe. but II you state a paper to
IS 1s In certain words you must prove 1t to be In
The Court held that there was a variance
between the deelaralion and the proof offered.
Mr. Harris then offered the record Of the
court containing the same order. -
He offered to prove that this order was made
after the discharge OF the jury In the Surratt
Mr.. Cook objected, holding that the time OF
tion,
The CouIt 0Yerrulei the objection. ...
MT, Harris then read the part of the record
showing that the Surrait jury was discharged
before the reading Of the order debarring
Bradley. ~. NIL -I1f'
trhch followed on tho record an order ad.
journing the court.l ~-II
Judge Wylie doubted whether part OF q re-
cord could be put In evidence, and not the
whole. The alngle question il this case WAS
whether the order Ia controversy was part Of
the Surratt case.
Mr.. Bradley was then sworn. Mr.. Hughes
asked the witness to stale the eireumstances
attending his alteration with Judge Fisher,
with view to the time at which 1t took place,
before or after the adjournment OF the court.
Mr.. Cook objected,
The Court said tho case hinged he-e.
MT Cook asked that the offer be made In
writing.
The piaIntIa accordingly presented In VT .
ins aH OYER 10 prove state Of facts, as fol-
ION the I'd OF July, 1867, whllo the Criminal
Court Of the District Of Columbia was engaged
In the trial Of John II, SuTratt, Justice Geo.
+. Fisher, who presided, ordered the court to
be adjourned. The said Justice left the court
room, leaving Chief Justice ID. X. Cartier sit.
ting on the bench. The defendant passed
through the marshal's 9 room, and directly after