Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-05-28
MUST SUFFER FOR
ALLOWING LYNCHING
Supreme Court of United States
Finds Tennessee Sheriff, His
Deputy and -Four Other Resi-
dents Guilty of Contempt.


WASHINGTON, d. c.. May 25.-sheriff
Ship and Deputy Sheriff Gibson. of Ham
ilton county. Tennessee. and four other
residents OF that county, named respect
lively. Williams, Nolan, Padgett and May,
were yesterday declared by the supreme
court OF the United states guilty of an
act of contempt of court in combining in
March, 1905, in a conspiracy TO lyneh a
negro, Ed Johnson, who had been SEN
fenced to death by local courts on the
charge of criminal assault, and in whose
case the supreme court had interferred
TO the extent of granting an appear
which had the effect OF superSedeas
The case has been pending ever since,
and the number of defendants was, from
time TO time, reduced TO nine. OF these
nine. three were Monday found guiltless,
while the other six were ordered TO be
brought into court next TuesdaN weeR
for sentence. They will be taken into Gus
tody Immediately and will appear In court
IN charge OF Marshal Wright. The SELL
tence may be either fne or imprisonment
or both.
The charge of contempt against Sheriff
Shipp and his codefendants was due 10
the fact that when Johnson was lynched,
he was constructively in the custody or
the court. Only a month before the negro
had been found guilty and had been SEN
fenced TO death. The supreme court hau
granted an appeal from a decision OF the
United States circuit court denying him
a writ OF habeas corpus. which effected
stay of proceedings in the convicts case.
The appeal was allowed on March ~,
and that night Johnson was taken out
OF the Jail at Chattanooga and hanged
This action was strongly resented y the
court and Immediately complaint was
made to President Roosevelt, who order
ed an investigation by. the department Oh
Justice. This investigation resulted in the
filing I'm court by the attorney general
n Nav. 1905. Of an information" i'm which
Shipp and nine Of his deputies and sew
enteen other persons were charged with
conplIcIty in the lynching. Shipp and
some Of his subordinates by absenting
themselves from the jail on the night OF
the tragedy. and the others by actual
participation i'm IL. Each and all pleaded
innocence.
Deputy Clerk Maher, OF the court, was
sent TO Chattanooga as a commissioner
to investigate and take testimony. The
Investigation failed to connect with the
crime seventeen men implicated and the
cases against them were dismissed at the
beginning OF the present term.
CHIEF JUSTICE REVIEWS CASE.
The chief justice presented a complete
review Of the johnson case. He concluded
that neither Ship nor his deputy, Glib
son. had made any effort to prevent the
removal OF johnson from the jail, to pre-
vent his killing after he was taken out.
nor to discover the participants In the
lynching after it took place. Continuing,
he said OF the proceedings on the night of
the lynching:
The assertions that mob violence was
not expected, and that there was no oc-
CASTOR for providing more than the usual
guard of one man for the Jail in Chatta-
nooga. are quite unreasonable. and ineon-
sistent with statements made by Eherin
Ship and his deputies that they were
looking for a mob on the next day."
The chief Justice pointed out that the
jail had been left entirely unguarded and
in charge OF Deputy Gibson. when every
precaution to guard the prisoner should
have been taken.
The chief justice quoted literally from
an interview given out by Ship some
days after the lynching. IN which shipp
said that he did not attempt to hurt any
of the mob" in which he charged the SUI
preme court with the responsibility of the
lynching, because of it's Interference in the
case.
Aged Ex-Sheriff
Stirred BY Decision
CHATTANOOGA. Tenn, May 25.-The
decision Of the supreme court of the
United States I'm the contempt case of
ex-Sheriff ]. F. Ship has shocked this
city greatly. The aged ex-sheriff appears
stunned and his friends decline to discuss
the case, preferring to wait until SEN
tence is pronounced.
1t was rumored last night that Mr..
h,,l H. 49,
news that he had been ordered to Wash
ington June /, to receive sentence for the
part he is alleged to have taken in the
lynching of Ed johnson, colored. The
city was wildly excited when this report
was put in circulation but il was soon
proven untrue. However, the aged de-
PENDANT in this famous case is taking his
conviction much TO heart. He declares
he is Innocent Of any infraction of the
law and had confidently anticipated an
acquittal. He gave out the following
statement tonight:
is UNDER BOND.
II have no official notice OF the SUI
preme courts decision in my case All
have TO say is am under bond to appear
on the order of the court which l am
ready to do when notified by the court.
Il think there must be some mistake
about the court ordering that an attach
ment issue for myself and the other de-
PENDANTS as all the defendants named
are under bond to appear on the order of
the court and until they fail to do so,
their bonds stand good for their appear
ance on the courts order.
"(Signed.) J. +. SHIPP"
| The ex-sheriff enjoys to a large meas
ure the confidence Of the people of the
city and county and frequent expressions
Of sympathy are neard.
- -