The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-05-29
CONTEMPT OF THE
FEDERAL COURT
Government viii Try to Punish
Alabama Mob for Lynch
ing a Negro.
SHERIFF CITED TO APPEAR
NEW DEPARTURE CAUSES SOME
SURPRISE.

Washington May 2S-The government
has taken steps 70 punish the persons who
are responsible for the Iynching in Chat
tsnooga. Tenn o.. March 10 last Of the
negro, Ed Johnson. who. under sentence Of
death for rape. had been allowed an ap-
peal by the United States supreme court
from the circuit court Of the United States
for the eastern district Of Tennessee. In
the supreme court today Attorney General
Moody filed an Information requesting
that. In consideration Of acts committed
10y The persons named it issue a rule
upon each Of them to show cause why
they should not be punished for contempt
OF the court Twenty-seven persons are
named as defendants
Statement of Moody.
After reciting the facts Of the arrest.
conviction and sentence Of Johnson the
denial OF MS petition for 2 write OF ha-
DeaS corpus by the circuit court IN winch
IL was alleged. among other Things, that
the petitioner mad been denied the aid OF
counsel, IN violation Of the fifth and sixth
amendments TO the constitution and other
rights under the fourteenth amendment;
and the order Of the court CT March 10.
allowing the appeal to the supreme court,
end the fact Of the telegraphlng Of the
order Of the court 10 John r. Ship, sheT-
If Of Hamilton county, who had Johnson
in charge. and the publication of the &C
ton OF the court IL the Chattanooga even
ing papers on that date the Attorney
deputies had every reason 10 believe from
current reports and TUIHOTs conveyed 10
them thai an attempt would lee made 20
lynch Johnson and that. uOJWi JEstandinS
THESE facts. the sheriff withdrew trCul the
jail early iu the evening of the l3tn the
usual guard and left i'm charge only the
night Jaler, Deputy Sheriff Gibson
Charge of Contempt.
1t was stated also about O'Clock OF
that night the defendants and large
number Of other persons combined and
Johnson with the intent to show theiE
contempt and disregard of the order of
the court and for the purpose Of prevent
ing IL from hearing the appeal allowed by
ing the prisoner from exercising right
secured TO him by the laws and constitu-
ton OF the United States
The facts attending the lEnChinE are
given in the informa ton filed, and the
statement is made that, although Sheriff
Shipp returned TO the Jail while il was in
possession of mob, neither he nor Dep
uty Gibson did anything To prevent the
lynching but in fact aided those engage
in it.
The Attorney General closed as follows:
Wherefore. the United States of Amer
lea, the compliments herein. through their
encouragement. respectfully request this
hOuOra BILE court that. IN consideration or
the acts committed by the abOve-named
defendants and each of them as herelnbe-
fore set forth. IL viii issue and direct the
marshal of this court TO serve upon said
defendants and each Of them rule TO
SHOW cause. If any there be. on day
certain why said defendants and each Of
them should not he punished as and for
contempt Of this honorable court
The court granted leave to file as re
CueSted. asking the rule TeturnabIe on the
second Monday Of the next term Of court
~ 49,