The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-21
MOB MOCKS SUPREME COURT.
LYNCHES A NEGRO AFTER A FED
ERAL STAY WAS GRANTED.

Justice Harlan's Order Granting q Stay
TO a Negro Murderer I~gnOred-Sus
preme Court May Take Action-Ten.
nessee Sheriff I'm Serious Trouble.
WASHINGTON, March 2o.-The lynohing at
Chattanooga, Tenn, last night, OF the
negro, Ed johnson, after an appeal had
been granted him by the United States
Supreme Court, is an act in contempt OF
the court probably without precedent in its
history.
The court is not in session to-day, having
taken a recess until April ., and what action
it will take, il any, will probably not be
known until then.
After the court yesterday granted John.
sons appeal, the clerk Of the Supreme
Court notified the sheriff Of Hamilton
was, and Judge M~cReynolds, who tried
him, Of it's allowance, and directed the
staying Of the execution fixed for to-day
and the retention Of custody Of the prisoner
pending the hearing Of the appeal.
Their attention was also called to the
law covering such cases, which provides
that all proceedings in or under the order
Of the State courts shall be suspended in
the meantime, and they were also directed
to notify Attorney General Whitaker Of
the State Of Tennessee to the same effect.
1t is not known here why application for
an appeal was not made to Judge Clark
Of the United States Circuit Court for the
Eastern District Of Tennessee, who denied
the application for a writ Of habeas corpus.
The law plainly provides for the allowance
by the circuit Judge Of u appeals under
circumstances like these. In his final
order Judge Clark indirectly suggests that
an appeal be taken, and he granted a stay
Of proceedings for ten days In which to
perfect it, but at the same time he ex-
pressed some doubt whether it could be
allowed.
Undoubtedly in view Of the intamed
condition Of public opinion over the case
there having already been a previous at
Of the appeal by Judge Clark would not
have tended to make him popular in his
district, and it is not improbable hat these
circumstance induced counsel for the
negro to apply to Judge Harlan for 1t and
not to Judge Clark. AS, however, the
other course open to Justice Harlan but
to grant the appeal allowed by law, es-
pecially in view Of the short time-twenty-
four hours-before the date fixed for John
sons death.
The question of proceedings by the
ftuoIdt 1ONSl hlllCLU dBoiiloI Tx iCtLoolb
Of the mob who lynched johnson is being
considered by the Department Of Justice,
but no conclusion has been reached.
CHATTANOOGA, Tenn, March 2o.-Ed
johnson was taken from jail by a mob here
last night and hanged on a pier Of the county
saulting Miss Nevada Taylor, daughter
of the keeper of Forest Hill Cemetery.
johnson was first sentenced to die on
March 10. An appeal was taken to the
State Supreme Court. which refused to
grant a new trial. Then habeas corpus
proceedings were instituted before United
States Judge c. D. Clark, who dismissed
the petition, and an appeal was taken before
the United States Supreme Court! which
granted an appeal and was preparing to
set a date for the hearing, Had the court
of last resort not interfered johnson would
have been NBally hanged this morning. .
NEGROES vIoLENT IN CHATTANOOGA.
When the negroes learned early this
morning that Ed johnson had been lynohed
last night hundreds Of them refused to go
to work and there was a rush upon the
hardware stores for firearms and ammu-
milton. At noon all Of the hardware stores
were sold out Of ammunition. The negroes
c~ongregated in large crowds, threatening to
shoot white people and burn houses, At
2 o'clock the chief Of police ordered all
saloons closed and began putting on extra
officers.
The Sheriff also began to swear in deputies
and by night had secured and armed about
800. At 8 o'clock tonight negroes on East
Ninth street attacked two white men. There
was a fusillade of shots. Deputy Sheriff
Dick Light had a thumb shot OF and q rail-
road man named William Curtis was
wounded in the shoulder. At $50 a COM
mission store on West Ninth street was set
on fire. Gasoline was put under the build
ing in the rear. The blaze was ~extinguished
with but little damage.
TIa f,,naroI NJ .Iphnann 10 IN ha hold n
morrow afternoon. The negroes are threat
ening to make a demonstration then. The
Governor has been asked to keep the militia
on duty all day.