Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-05-28
TO PUNISH LYNgHERS
SUPREME COURT REQUESTED TO
ISSUE A RULE.
Information Filed by the Attorney
General Showing Contempt of
Action of Justices.

The government has taken steps to pun
ish the persons who are responsible for the
lyinching at Chattanooga, Tenn, March 10
last, of the negro Ed Johnson. who, un-
der the sentence of death for rape, had
been allowed an appeal by the United
States Supreme Court from the circuit court
of the United States for the eastern dis
trict of Tennessee. In the Supreme Court
today Attorney General Moody filed an in
formation requesting that. in consideration
of the acts committed by the parties named
1t Issue rule upon each of them to show
cause why they should not be punished for
contempt of the court.
The persons named as defendants
John F. Shipp, Frank JONES' Matthew Gal
loway, C. A. Baker, T. B. Taylor, Fred
Frauley, George Brown. jeremiah Gibson.
Marion Perkins. Joseph Clark. Nick No
Ian, 'Sheenie'' Warner, Luther Williams.
Paul Pool, William Marquette. William
Beeler, Claude Powell, Charles ]. Powell,
Bart Justice. John Jones, A. ]. Cart
wright, Henry Padgett. William May.
Frank Ward, John Varnell and Alfred
Hammond.
Guard of Prisoner Withdrawn.
After reciting the facts of the arrest, con-
viction and sentence of Johnson the denial
VI LIS pctitioil lOF VIII VI HdDedS corpus
by the circuit court in which 1t was al
legged. among other things that the petit
toner had been denied trial by fair
and impartial jury. and had been denied the
aid of counsel in violation of the fifth and
sixth amendments to the Constitution and
other rights under the fourteenth amend
ment; and the order of the court of March
u allowing the appeal to the supreme
court; and the fact Of the telegraphing of
the order Of the court to John F. Ship,
sheriff of Hamilton county. who had john
son in charge, and the publication of the
action of the court In the Chattanooga
evening papers of that date, the attorney
general stated that the sheriff and his
deputies had every reason to believe, from
current reports and rumors conveyed to
them that an attempt would be made to
lynch Johnson. and that notwithstanding
these facts the sheriff withdrew from the
Jail early in the evening of the 10th the
usual guard and left in charge only the
night jailer, Deputy Sheriff Gibson.
The Lynching.
1t was also stated that about 8 o'clock
OF that night the defendants and large
number of other persons combined and
conspired together to lynch and murder
Johnson, with intent to show their contempt
and disregard for the order of the court,
and for the purpose of preventing it from
hearing the appeal allowed by the court.
and for the purpose of preventing the prfs-
oner from exercising a right secured to him
by the laws and Constitution of the United
States.
The facts attending the lynching are given
in the information filed, and the statement
is made that although Sheriff Shipp re-
turned to the jail while it was in possession
of a mob, neither he nor Deputy Gibson did
anything to prevent the lynching, but, in
fact, aided those engaged in it.
Court Order Asked For.
T The Attorney General closed as follows:
Wherefore. the United States of Amer
| lea, the complainants herein through their
Attorney General, respectfully request this
honorable court that, in consideration of the
| acts committed by the above-named defend
ants and each of them, herenbefore set
| forth. II will issue and direct the marshal of
| this court to serve upon said defendants
and each of them a rule to show cause, If
any there be, on a certain day, why said
defendants and each of them should not be
punished as and for a contempt of this hon
orable court"
The court granted leave TO file as re-
quested, making the rule returnable on the
second Monday of the next term of court,
October 10 next