Daily press. [volume] (Newport News, Va.) 1896-current, 1909-05-25

against them were dismissed at the
beginning OF the present term.
The chief Justice presented com
plete review OF the Johnson casc.
He concluded that neither Shipp nor
his deputy Gibson had maze any eff
fort TO prevent the removal OF John
son from the jail. TO prevent his Kill
ing after he was taken out. nor to
discover the participants N the
lynching after II took place.
Justice Peckham Dissents.
Justice Peckham delivered dis
senting opinion declaring that there
was mot the slightest testimony to
support the charge against Shipp."
He therefore did not believe that
that official should be subjected TO
the possibility OF disgracefui i'm
prisonment," and made an earnest
plea against such course.
Justice Peckham concluded by as
scribed as IAN invalid old man. and
had been held to a degree OF re-
sponsibility far beyond any reasona-
bic limit" He also held that the
testimony against Gibson. wao was
the taller. was insufficient TO convict
of contempt. Justices White and Nc
Kenna concurred in the dissenting
opinion.
Chief Justice Reviews Case.
The chief justice pointed ont IN the
course OF his opinion that even be-
fore the case was brought TO the
Supreme Court there had been many
threats OF lynching because of the
serious character of the negro's Of
Tense Continuing. he said of the
proceeding on the night OF the lynch
ing: The assertion that mob vio-
lence was not expected. and that
there was no occasion for providins
more than the usual guard OF one
man for the Jail in Chattanooga. are
quite unreasonable and inconsistent
with statements made by Sheriff
Ship and his deputies that they are
looking for a mob on the next day"
The chief justice continued: I'm
view of this Ships failure to make
the slightest preparation to resist
the mob: the absence of all OF the
deputies. except Gibson from the
Jail during the mob's proceedings &C.
cupying a period OF some hours In
the early evening: the action OF
Shipp in not resisting the mob and
his failure to make any reasonable
effort TO save Johnson or identify the
members of the mob. justify the in
ference of a disposition on his part
to render it easy for the mob to
lynch Johnson, and to acquiesce In
the lynching.'
sheriff Was Inactive.
The chief justice also declared
that after Johnson was taken from
the Jail the sheriff had MADE no ell
fort to go after the lynchers or to
reach the police or militia or others.
When" he said, Ship reached
the Jail he could have gone about
lnree blocks to the police station ana
for the police. No attempt was made
to summon posse. He sent no one
after deputies. He made no effort to
send anyone for help"
Reaching his conclusion with ref
erence to Ship the chief justice said
il was that Ship not only made the
work of the mob easy. but in effect
aided and abetted it,
The court found Jailer Gibson to
be involved in the same condemna-
ton. though under less responsibility.
In conclusion the chief justice said:
'In our opinion IL does not admit
of question on this record that this
lamentable riot was the direct re-
suit of opposition to the administra-
ton of the law by this court. II was
not only in defnance of our mandate.
but was understood to be SUCH