The Birmingham age-herald., 1909-11-16
Two Others Receive the Sam8 Penalty While Other ThTsa
 Get Six9 Days
SENTENCE IMPOSED IS
 CONSIDERED LIGHT
Shipp and the Five Other Men Have Begun to Serve Sentence in Jail and Find Their Quarters
 Very Comfortable.

Washington, November l5-Ninety days Imprisonment was imposed today upon ex- Sheriff Joseph F. Shpp of Chattanooga. by the supreme court of the United States in failing to prevent the lynching of negro, Ed Johnson, convicted of assault. but whose execution had been stayed by the court.
 Luther williams and Nick Nolan were sentenced to imprisonment for 90 days for connection with the lynching and Jeremiah Gibson, the jailer; Henry Pad gett and William Mayes, all of Chatta- nooga, for 60 days.
 Chief Justice Fuller, who pronounced the sentence, designated the United States jail In the District of Columbia, the place of Imprisonment
 Attorneys for the prisoners before the bar asked, oa account of difference in climate. that the federal prison at At lanta, Ga, be substituted for the district jail. To this Attorney General Wicker sham objected, saying the Atlanta prison was for long-term prisoners and that the local jail was much more suited for the present purposes. The court took the request under advisement and asked the marshal of the court to retain the prison CTS in his custody for the time being. The contempt case was taken up as soon as the justices took their places in the court room. Chief Justice Fuller di- rected Clerk Mckinney to call the de- fendants before the bar. The six men stood up for sentence
 Sentence Is Read. Reading from a memorandum Chief Justice Fuller began:
 You, Joseph F. shipp Jeremiah Gib- ] son. Luther Williams, Mick Nolan. Henry i Padgett and William Mayes, are before ! this court on attachment for contempt. | "On return to a rule to show cause i you have presented this evidence as you l were advised and been fully heard, orally 1 and on printed briefs, and after thorough consideration you have been found guilty. You have also been committed severely to present petition for rehearing and move that leave be granted to file them, which. after consideration, have been denied. "The grounds upon which the conclusion was reached are set forth in the opinion filed herein on Monday, May "A, 1909 and need not be repeated, nor need we dwell upon the destructive consequences of per hitting the transaction complained of to pass to a precedent until you are pun ished for the contempt.
 Tt is considered by the court and the Judgment of the court is punishment for the contempt, you, Joseph F. Shipp. Luther Williams and Nick Nolan, and each of you be imprisoned for the period of 90 days. and that you, Jeremiah Gibson. Henry Padgett and William Mayes, and each of you, be imprisoned for the period of 60 days in the jail in the District of Columbia. The marshal of this court is charged with the execution of this judg- ment.h
 Sent to District Jail.
 Before adjourning the court decided to adhere to it's decision to send the prison CTS to the district jail. The chief jus tice said the question of the place of Imprisonment might be brought up again after the Thanksgiving holidays. Captain Shipp took the sentence more calmly than any of the six. After the chief justice had concluded he walked over to Marshal Wright and asked him where this officer of the court wanted him to go.
 Tears came to Padgett's eyes and he used his handkerchief freely. Williams sat down, as if exhausted, when Attor- ney Chandlee asked that his client be sent to Atlanta. He remained sitting un- til Attorneys Gift and Sheppard made similar requests for the other defendants The marshal of the court deputized the marshal of the District of Columbia 10 take the men to jail and at 30 o'clock this afternoon they were behind the bars. Second Time In History. This was the second time in the history of the supreme court of the United States that that august body had imposed a sentence upon citizens, held guilty of disregarding its mandates. The previous occasion was in another generation.
 Origin of the Case.
 The case today originated in the courts decision in March. 1906, to consider the appeal of Johnson from verdict of the Tennessee courts holding him guilty and sentencing him to be hanged on a charge of assault. The night after the deter imitation of the supreme court to review the proceedings was wired to Chattanooga a mob stormed the jail, took the prisoner out. and lynched him.
 The court was much incensed by the lynching and at it's instance the attorney general instituted proceedings against Sherif Shipp, Jailer Gibson and 25 others supposed to have been implicated in the lynching charging them with contempt, Many of the accused were exonerated and in the end only six were found guilty.
 The finding of the court was announced in May, just before the close of the last term of court, but all the defendants entered motions of rehearing, which had the effect of postponing action until this fall On November l rehearing was de- nied and the six men ordered before the court for sentence today.
 Taken to Nashville.
 tl,, court found that Johnson was removed from Chattanooga to Nashville before his trial, because of fear that he would be lynched. He was brought back for tho legal execution. When the supreme court stayed the execution, the court has held Shipp made no effort and gave no orders to have the deputies or others guard ths
 
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