SURRATT'S TRIAL — EXTRAORDINARY SCENE IN A COURT OF JUSTICE.

Wellington Independent, Volume XXII, Issue 2590, 29 October 1867, Page 4

SURRATT'S TRIAL — EXTRAORDINARY SCENE IN A COURT OF JUSTICE.

Late in the afternoon of tho 10th ulfc., the Suruntt trial came to an en£ by the jury disagreeing. They were out seventy-two hours, and then declared it was impossible for them to agree and asked to be discharged. Their request was granted and they joyfully dispersed to their homes, from which they had been absent eigbt weeks. They stood eight for acquittal and four for conviction. Quite a scene arose in the Court room after the jurors had been discharged. Judge Fisher arose and said : — I have now a very unpleasant duty to dischai'ge, but one which I cannot forego. On the 2nd day of July last, during the progress of tho trial of John H. Surratt for the murder of Abraham Lincoln, immediately after the Court had taken a recess until the following morning,

as the presiding Justice wa3 descending from the bench, Joseph H. Bradley accosted him in a rude and insulting manner, charging tho Judge with having olTiM'ed him (Mr Bradley) a series of iiiMiU<? i'ro'.n tins bench from tho commencement or' iiu- trial. The Judge disclaimed anj' intentio.'i "luiU'vei* of passing any insult, and assure;] Mr Unwllev tiiat lie i entertained for him no utiii'r feelings than those of respect. Mr JjchUv-y. so fur from accepting this explanation or dincJaimer, thereupon threatened the Judge with personal chastisement, as lie understood him. No court can administer justice, or lire if its judges arc to bo threatened with personal violence on all occasions' whenever the irascibility of counsel may be excited by an imaginary insult. The offence of Mr Bradley is ODe which even his years will not palliate. It cannot be overlooked or go unpunished as a contempt of court. It is therefore ordered that Iris name be stricken from the roll of attorneys practising in this Court. Mr Bradley rose to his feet as if a thunderbolt had struck him and pronounced the statement made by the Judge as utterly false in every particular, and told the Judge that lie could not dismiss him from the Court — that to do so must bo the act of three Judges of the Supreme Court. The Court room was crowded with people at this time, and the excitement became intense. Judge Fisher proceeded to take bis departure from tho room, when he was followed by Mr Bradley, who was in a high state of excitement. The people now began to take sides — one party ranged themselves on the side of the judge, and the other on the side of the veteran lawyer, and a general fight seemed imminent, which, however, was prevented by the dexterous movements and activity of the police. The lawyer and judge had now got into the street. The latter hailed a street car and got into it, followed by the police and a number of his friende. The former immediately got into the same car and pushed his way to where the judge was standing and handed him the following note : — " In the altercation which occurred between us when you returned to the Court room after the adjournment on the 2nd July last, you observed that you were then sick, and were pleased to add, ' You know where to find me, and I hold myself responsible in every form for whatever I say or do,' or words to that effect, after which you applied to me the most opprobrious epithets. There is but one interpretation of such an intimation received among gentlemen. I told you I could wait. I am gratified to find you have recovered, and that the trial of the pending case being now closed, we are both at liberty. That no time, be unnecessarily j lost, I beg you will let me known as soon as ' you conveniently can when it will suit you to I meet me out of the district, that we may arrange to our mutual satisfaction the points of difference between us without the risk and odium which might accompany any controversy here or in public' " The judge refused to pay any heed to this note, and there it was supposed that the matter would drop, but a few days after & meeting of the members of the Bar of Washington was called to take into consideration what action was necessary in regard to the order of Judge Fisher in summarily dismissing Mr Bradley from practice at the Court, and resolutions were adopted looking to an amicable settlement of the difficulty between them. Since then Mr Bradley has been arrested for sending a challenge to fight a duel, nnd has had to give five thousand dollars to keep the peace and appear for trial when called upon to do so. The penalty in the District of Columbia for sending a challenge is five years' imprisonment.