The Cairo bulletin., 1909-11-03
SHERIFF SHIP
LOSES APPEAL
MUST FACE BAR OF COURT-Mo
TiON TO REHEAR CASE
OVERRULED.
NOV. Is SENTENCE DAY
Chattanooga Officials Held Re
sponsibie For Lynchng May
9n Fined or I'M
priscned.

Washington, Nov. 1.-The unusual
proceeding of an arTaignment for sen
tence at the bar Of the supreme court
of the United States viii be witnessed
two weeks from today in accordance
with an announcement made today in
the case Of Joseph II. Ship, of Chat
itanooga. Tenn, contempt. The court
to-day denied motions for a rehearing
iof the eases,
The cases originated in the courts
deciding in March, 1906, to consider
/ the appeal of negro named Ed john
son from q verdict or the Tennessee
eourts, holding hi&i guilty and sen
lteuced to be hanged on a charge Of
criminal assault The night after the
determination of the supreme court
| to review the proceedings in the case
was wired to Chattanooga, where
Johnson was confined in jail, num-
ber of people stormed the Jail and
took him out and lynched him.
The court was much incensed over
the lynching, and at It's instance the
attorney general instituted proceed
Ings against Shipp who was the sher
if and the iailer and twenty-five
Iothers, supposed to have been i'm.
plicated in the lynching charging
them with contempt of the supreme
court Many of the accused were ex
anerated and in the end only six were
found guilty. These were Sheriff
Shipp, his deputy, jeremiah Gibson,
who was the jailer, Luther Williams,
lick Nolan, Henry aadgett and vii
Ham Mayes residents of Chattanooga
Defendants Get Delay.
The finding of the court was an
nounced in May just before the close
Of the last term Of the court, but all
defendants entered motions for a re.
nearing which had the effect OF post
noning action until the present term
The court today, Trough Chief Jus
tice Fuller, announced its denial of
the motions, the chief justice stating
at the same time the decision to have
the defendants appear on Nov. IS toI
receive sentence
1t will be the duty of Marshal
Wright to present the men in court
but he said today that he expected
all Of them to appear to hear the
courts verdict. which would relieve
him Of the necessity of going to Chat
tanooga after them
The court has the discretion either
.Of fine or to imprison the men or TO
inflict both penalties, II Is only known
that from the beginning Of the pro
|ceedings the court has appeared ex
|ceptionally interested in the case, ana
Is believed to feel that an example
must be made to prevent other indig-
mites to the court. IT is recalled,
however, that several Of the members
of the court, among whom was the
late Justice Pechham, disaentel from
the verdict of the majority, which
may have the effect OF lessening the
severity of the sentence
The only instance of a sentence for
contempt in the courts history oc-
CURED in 1875. when one John Chiles
who was concerned in dealings in
Texas indemnity bonds. contrary to
an order OF the court, was ordered to
lpay a fine of $3.50 for contempt This
dine there will be SIX men instead Of
one, and the proceedings will tnere-
fore be unprecedented as regards
numbers.
All the defendants assert limo
cense Shipp and Gibson declare
there was no advance indication of
violence to Johnson, and say that
Iotherwise they would have taken bet.
tier precaution. Most of the other
linen implicated clam not to have
been present when the negro was
killed by the mob.
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