The Montgomery advertiser., 1907-06-25
TRIAL JUDGE
 ON THE STAND Distinguished Witnesses Testify in Shipp Case. NOTHING NEW BROUGHT OUT All Testimony Tended to the Same
 End.
NOTHING NEW BROUGHT OUT
Witnesses Show The Impossibiiity of q Conspiracy Having Existed in Which Sheriff shipp and
 Deputies Participated.


 Chattanooga. Tenn, June z4-The feature of the days hearing of the contempt case of Sheriff J. F. Shipp was the fact that the original trial judge, J. H. McReynolds, the attorney general who prosecuted the case. and United States Judge c. D. Clark, who heard the habeas corpus proceedings on behalf of Ed Johnson. were on the stand as witnesses.
 All testimony tended to the same end, namely. showing the impossapiiity of a conspiracy having existed in which Sheriff Shipp and his deputies participated. as alleged by the govern ment.
 Judge c. D. Clark was called to the stand by MT. Lynch. He heard the Ed Johnson habeas corpus proceedings at Knoxville. There was no statement made in his presence in the court room or elsewhere that stay would cause Johnson to be lynched, Such a state- ment struck him as utterly absurd. He granted an order staying proceedings ten days, though he, thought his au- thority doubtful. The day of the hear ing Judge McReynolds called him up by telephone and said that to avoid any apparent clash of authority he thought 1t best to get a reprieve for Johnson for ten days. Judge Clark told him that he believed 1t good idea
 He testified that after Judge Harlan had granted the order there was noth- ing to indicate possibility of lynch- ing. and on that day he had asked his secretary if there was any talk of lynchinng and he was informed that there was none. He told of calling up Judge McReynolds and Judge Shep- herd and notifying them of the orden He heard no suggestion of lynching. and there was no thought of anything of the sort. He said that he thought some people were making a lot of noise who did not intend to do anything. There was not any danger. in his opin- ion, and if there had been such dan- ger, in his opinion, he was positive that he would have ordered the pris- oner removeds He was positive. that he would have done this or suggested to the cennssa for the prisoner have made application for removal.
 He stated that there was always a disposition among the people to obey the orders of the federal court. He was asked about the Tracy City trou- bles, and the injunction he granted. The State troops were withdrawn on the granting of the injunction and he never heard of any trouble after wards.
 Mir. Sanford asked Judge Clark about
  ville. He was there several days and returned Sunday morning. He spent Monday at the custom house and was not out around the city. The danger of the negro being lynched was not a matter discussed at the habeas cor pus trial He stated. that this was not at issue, but the question of the jury box was the allegation that the pris- oner had been deprived of some. of his rights.
 Judge Clark had determined to send the prisoner away should any applica- ton be made or on his own respon- sihdlity if danger should appear to him
 On redirect examination he stated that his secretary had replied to his question about the lynching that there was not the slightest danger of trou. ble.
 The testimony of Judge McReynolds proved to be full history of the case from the commission of Ed Johnson's crime down to the lynching of the ne. gro, and all was favorable to the sher. if, as was also the evidence, given by Attorney General Whitaker.
 Satisfactory progress was made in the case, and court adjourned to 10 o'clock tomorrow morning.
 Up to the time of adjournment. Judge Judson Harmon had not reached the city.