The Birmingham age-herald., 1907-06-25
ORIGINAL JUDGES
 TESTIFY FOR SHIP Say Sheriff Didn't Participate in
 Any Conspiracy DIDN'T HEAR OF LYNCHING Original Trial Judge Reynolds, the Prosecuting Attorney General and
 United States Judge Clark
 On the Stand.
DIDN'T HEAR OF LYNCHING

Chattanooga, Tenn. June 24-1he fea- ture of the days hearing of the contempt case of Sheriff J. F. Shipp was the fact that the original trial judge, J. H. McRey- nolds the attorney general who prosecut- ed the case. and United States Judge c. D. Clark, who heard the habeas corpus proceedings in behalf of Ed Johnson, were on the stand as witnesses. All testimony tended to the same end, namely, showing the impossiblity of a conspiracy having existed in which Sheriff. Shipp and his deputies participated, as alleged by the government.
 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 Tn ms presence in the court room or else where that a stay would cause Johnson to be lynched. Such a statement struck him as utterly absurd He granted an order staying proceedings ten days. though he thought his authority doubtful. The day of the hearing Judge McReynolds called him up by telephone and said that to avoid any apparent clash of authority
 
 Johnson for ten days Judge Clark told him that he believed it good idea.
 He testified that after Judge Harlan had granted the order there was nothing to indicate a possibility of a lynching and on that day he had asked his secretary If there was any talk of a lynching and he was informed that there was none. He told Of calling up Judge McReynolds and Judge Shepard and notifying them of the order. He heard no suggestion of q lynch- ing and there was no thought of anything or the sort He said that he thought some people were making lot of noise who did not intend to do anything There was not any danger, in his opinion. and if there had been such danger, in his opin- lon, he was positive that he would have ordered the prisoner removed. He was positive that he would have done this or suggested to the counsel for the prisoner to' have made application for removal
 He stated that there was always a dis position among the people to obey the orr ders of the federal court He was asked about the Tracy City troubles and inc injunction he granted. The state troons were Withdrawn on the granting of the iiJuictlon ana ne never heard of any trouble afterwards
 MT. Sanford asked Judge Clark about the length of time he was in Knoxville lie was there several days and returned sunday morning. He spent Monday at the custom house and was not out arouna the city. The danger or the negro being lynched was not matter discussed at the habeas corpus trial. He stated that this was not at issue, but the question of the jury box and the allegation that the prisoner had been deprived of some of his rights. Judge Clark had determined to send the prisoner away should any ap- phcation be made or his own responsibil- ity 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 trouble. The tes- timony of Judge McReynolds proved to be a full history of the case from the commission of Ed Johnson's crime down to the lynching of the negro and all was favorable to the sheriff, 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.