The Washington herald., 1906-10-16
LYNCHING CASE IS UP
Tennesseeans Tell Court They
Are Not in Contempt.
QUESTION IS OF JURISDICTION
Postponed to Allow De-
partment of Justice to Frame
RepIy-May Now Go over Until De-
cember No Precedent for Trial.
Case in the Highest Tribunal.

Sheriff John F. Ship, pr Hamilton
County, Tenn. in person and by counsel
and his eight deputies and twelve citi-
zens OF Chattanooga. by their attorneys,
yesterday appeared before the Supreme
Court Of the United States In answer 10
the notice served upon them last spring
that they should show cause why they
should not be adjudged IN contempt OF
the court for having permitted or con-
spired TO bring about the lynching at
Chattanooga on March IS of Edward
johnson. a negro. convicted of assault
while his writ of error was pending be-
fore the court.
Sheriff Ship was the only one of the
accused who put in an appearance in
person.
The answers filed here by Judge Har-
mon for Sheriff Snip and Deputies
Jones. Galloway. Baker. Taylor, Frsuley,
Brown, Gibson. Perkins, an Clark raises
the question OF Jurisdiction.
Crime in Tennessee.
In the answer, the defendants maintain
that they should not be required 20 al
swer before the Supreme Court Of ;he
United States, because they are advised
and believe that said charges, even If
true. would be, and ought 10 be. treated
as crimes under the laws Of Tennessee -
They answer that they have done moth
ing against the authority or dignity OF
the Supreme Court OF the nation. but
are cognizable only by the Supreme Court
of Tennessee. which, they maintain, had
full power and authority.
They claim that the petition for Wi.
Of habeas corpus was not flied by John
son in good faith that the Circuit Court
OF the United States had no authority 10
entertain the petitisn. as they say il
would interfere with the proceedings Ct
the State court They finally enter a de-
NAL OF the charges against them
All Enter General DeniaIs.
The answer Of the sheriff and his depu-
ties was fled first. and those Of the other
defendants were presented to the court
separately. The other defendants enter
general deniaIs of the charges of lynching
the negro.
The question Of jurisdiction being raised.
all the proceedings have been postponed
in order to allow the Department OF JUS
tice time 70 prepare a reply Solicitor
General HOyt said he could not be pre-
pared 10 continue the case until Deem
Der.
Each of the citizens Of Chattanooga
named in the order makes a separate
answer. denying first the Jurisdiction Of
the court, and, second. that any of them
took any part in the lynching. Nearly all
Of them present alibis.
There Is no precedent for the proceed
ings. which are the first Of the kind ever
brought.
Judge McReynolds, who tried the Negro.
Is here giving his moral support 20 Ship.
The impression seems TO be" said
Judge McReynOlds yesterday, that the
people of Chattanooga are doubtful about
the guilt of Johnson. and that they con-
denim Sheriff Ship. This is not so. That
the electors of Hamilton County are loyal
TO Capt. Ship and believe he did his
full duty on the night johnson WIS
hanged is evidenced by the fact that Ia
August he was reelected sheriff by q
sjJrity Of 100. the greatest ever given
candidate for the Office.