The Birmingham age-herald., 1907-06-15
NEGRO |MPUDENT
 IN SHIP CASE Goes Beyond Question in AL legged Identification BUT GETS BADLY TANGLED Negro Franklin, Ex-Constable Gives His Version of the Lynching-He Identifies Several Members
 of the Mob.
BUT GETS BADLY TANGLED

-hattanooga, June 14.-Joe Franklin, d negro. and former constable from l the Tenth deslrict, occupied the stand the enure morning at he hearing of evidence In the Shipp contempt case, and iden- tified Bart Justice, a man by the name of Payton, Will Marquet, John Jones and Joe Clark as being members of the mob. Franklin was positive in all of these statements and did not leave the least doubt in his words.
 During the eross-examination he was impudent in his answers and constantly went outside of the questions to say something about the whites and negroes. Assistant Attorney General Sanford made several efforts to have Franklin confine himself to answering the questions, but he was unable to do so and was com pelled to appeal to the commission. Frankiin's statements were positive and he evidenced desire to make them even more positive if possible. During the galling cross-examnation by Mr. Pritchard the identification of John Jones. at least, was badly shaken.
 He compelled the witness to describe this man in detail and finally drew from Franklin the statement that about twenty of the men In the mob had on light over coats. MT. Prltchard asked for the color of Jones' hair, eyes, height, weight, dress and every other detail, and the eager ness with which Franklin answered the questions was noteworthy.
 Franklin became badly tangled and ad- mitted that he had been indicted by the grand jury on several occasions for va rious alleged crimes, but didn't get into the psnitentiary."
 In relating his version of the lynch ing of Ed Johnson, Franklin said he saw the jaier taking Ed Johnson up stairs. When he went to the jail about o'clock with e. prisoner he saw only Jailer Gib- son. The jail door was generally locked at that time of day but 1t was open tnen He went back again about o'clock with negro Special Deputy Bradford There was no one in the office. Hearing the gong, Jailer Gibson came up.
 He called attention to the door being open and Gibson said that the prisoners were all locked up in their cells. Wit ness asked Gibson why there were no guards at the jail and he had instructed Shipp dismissed them.
 There Is no danger now, since John son is a United States prisoner He went to the Jail ater when the mob was up- stairs in the iail. He heard the hammer ing. There were many people in the jail yard and on Walnut street There seemed to be five or six men in the lobby
 Quite a crowd came out of the jail. He heard Bart Justice say, By God, we ve got him" He had known Justice for sel eral years. He walked to the gate and sat down. He saw the crowd as 1t passed There were about thirty or forty in the crowd and about Twenty-Five in the yard. MT. Pritchard completed his cross-exa imitation at 12:10. He announced that he had asked all the questions he desired on behalf of his clients, Captain Shipp and his deputies, but that the at torneys for various other defendants who had been mentioned by Franklin in his testimony would desire an examination.
 He suggested adjournment until ? o'clock and it was taken. At the after noon session Ali Handman, one of the men accused of lynching, apparently es- tablished a complete alibi. MT. Handman had not finished when court adjourned to 10 o'clock tomorrow morning.