The Montgomery advertiser., 1906-05-29
ASK FOR RULE
 FOR CONTEMPT Effort to Punish Chatta-
 nooga Lynchers. SHERIFF SHIP IS INCLUDED Charged That He Did Not Take
 Sufficient Precautions. Hamilton County Omcial Declares That He Did His Duty in Full and is Not Fearful of Outcome of Proceedings.
SHERIFF SHIP IS INCLUDED

Washington, May 2s.-The Govern ment has taken steps to punish the persons who are responsible for the lynching in Chattanooga. Tenn, March ls, last. of the negro Ed Johnson. who, under the sentence of. death for rape, had been allowed an appeal to the the Circuit Court of the United States for the Eastern District of Tennessee In the Supreme Court today Attorney General Moody filed an information re- auesting that in consideration of the acts committed by the parties named it 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 are: John F. Shipp, Frank Jones, Matthew Galloway. c. A. Baker. T. B. Taylor. Fred Frauley, George Brown, Jeremiah Gibson. Marion Perkins, Josia Arke, Nick" Nolan, 'Shenie" Warner, Luthor Williams, Paul Poole, William Mar auette, William Beeler, Claud P. Pow well. Charles. J. Powell. "Bart" Justice. John Jones, A. ]. Cartwright. R. F. Cartwright, Henry Padgett. William May, Frank Ward, John Varnell and Alfred Hammond.
 Charges of Moody.
 After reciting the facts of the arrest, conviction and sentence of Johnson, the denial Of his petition for writ of habeas corpus by the Circuit Court, in which 1t was alleged. among other things, that the petitioner had been denied a trial by a 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 Amendment, and the order of the court of March 19, allowing the appeal to the Supreme Court, and the fact of the telegraphinK of the order of the court to John F. Shipp, sheriff of Hamilton County, who had Johnson in charge, and the publication of the action of the court in the Chattanooga evening papers on that date. the Attorney General stated that the sherih and his deputies had every reason 10 believe. from current reports and rumofs con- veyed 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 18th, the usual guard, and left in charge only the night Jailer, Deputy Sheriff Gibson.
 COnspired to Lynch Negro.
 1t was stated also about g o'clock of that night the defendants and . large number of other persons com bined 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 pur- pose of preventing 1t from hearing the appeal allowed by tn ecourt and for the purpose of preventing the pris- oner from exercising a right secured to him by the laws and constitution of the United States. The facts att tending the lynching are given in the information filed and the statement is made that although Sheriff Shipp TO- turned to the jail while it was in pos session of a mob. neither he nor Depu- ty Gibson did anything to prevent the lynching, but in fact aided those en- gagged in 1t.
 The attorney general closed as fOI- lows:
 "Wherefore. the United States of America, the complainants herein. through their attorney general. re- spectfully request this honorable court that in consideration of the acts com mltted by the above named defendants and each of them, as herein before set forth, 1t will issue and direct the mar shal of this court to serve on said de- fendants and each of them a rule to show cause. If any there be, on a cer- tain day why said defendants and each of them should not be punished as and for a contempt of this honorable court"
 The court granted leave to file as requested, making the rule returnable on the second Monday of the next term of The court, october IS. next.