The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-05-28
AN AGGRAVATED CAS- I
Was Before United States Court
When Lynched.
Charged That Chattanooga
Sheriff Winked at Crime.

Washington. May zS.=The govern
ment has taken steps to punish the
persons who are responsible for the
lynching in Chattanooga, Tenn, on
March 10 last of the negro Ed John
son, who under sentence of death for
criminal assault had been allowed an
appeal 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 con-
sideration of the acts committed by
the persons 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, Mat
thew Galloway. c A Baker, T. B.
Taylor Fred F'rauley George Brown,
Joseph Clark, Nick Nolan, .'Shee-
ney'' Warner, Luther williams, Paul
Pool. William Marquette, William
Beeler. Claud Powell, Charles J.
Powell, Bart Justice, John Jones, A.
J. Cartwright, r. P Cartwright,
Ward. John Varnen and Alfred Ham
mond.
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 it was alleged,
among other things, that the Pc
titioner 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 to 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 telegra ph-
i ing of the order of the court to John
F. Shipp. sheriff Of Hamilton county,
who had johnson. in charge, and tbs
publication OF the action of the court
in the Chattanooga evening papers or
/ that date, the attorney general statec
4 that the sheriff al11 his deputies hae
/ every reason to Believe from current
reports and rumors conveyed to then
that an attempt would be made K
/ lynch johnson. and that notwithstand-
! ing these facts the sheriff withdrew
| from the Jail early in the evening o.
| the 18th the usual guard and left II
charge only the night jailer, Deputy
Sheriff Gibson.
It was stated also that about +!
o'clock OF that night the defendant:
| and a large number of other persons
combined and conspired together t
4 lYHCu ana InuTQ6I JOHHSQD. Win III.
, tent to show their contempt and dis
regard for the order of the court. an6
for the purpose of preventing it from
hearing the appeal allowed by tht
court. and for the purpose of prevent
ing the prisoner from exercising {
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 ths
statement is made that although
Sheriff Shipp returned to the jai
while it was in possession of mob
neither he nor Deputy Gibson did any
thing to prevent the lynching. but il
fact aided those engaged in it. ThI
attorney general closed as follows:
Whereas, the United States 0
America, the complainants herein
through their attorney general. re
spectfulIy request this honorable cour'
that In consideration of the acts com
nitted by the above named defend
ants and each of them. as hereinbe
fore set forth, it Will issue and direc
the marshal Of this court to serve
upon said defendants and each o.
them a rule to show cause, if any
there be- on a day certain. why saie
defendants and each of them shoult
not be punished as and for a contemp'
OF this honorable court"