Evening star., 1909-05-25
|DEF|ED THE MANDATE
Chief Justice FuIIer's Review
of Sheriff Ships Course.
| NO MOVE TO RESIST MOB
Administration Of Justice Made a
Mockery.
MARSHAL TO BRING PRISONERS
Many Expressions Of Sympathy at
Chattanooga for Those Found
Guilty of Contempt.
NO MOVE TO RESIST MOB
MARSHAL TO BRING PRISONERS

| Guilty OF contempt.
| Upon Mai. j. NJ. Wright, marshal OF the
Supreme Court of the United States, will
fall the duty Of bringing before that
court Sheriff Shpp and the other Chat
tanooga men who were yesterday pro-
nounced guilty of contempt Of the court
because of their supposed participation
in the lynehng in 1905 of the negro pris-
oner. Ed johnson, after the Supreme
Court had taken cognizance of his case.
| The men are now at liberty on bonds
upon which only their own personal
recognizance was required, but it is not
apprehended that there will be any diff
Guilty in ascertaining their whereabouts
or obtaining custody Of them.
| Ordinarily, Maj. Wright Deputies the
local United States marshal to serve his
warrants, and 1t is probable that that
course will now be pursued and that the
marshal for the eastern district of Ten
| nessee Will accompany the prisoners to
| Washington. Their bonds will insure
| their freedom until next Tuesday, when
| the sheriff and his five co-defendants will
| be arraigned before the court and each
| and all of them receive the sentence OF
| that tribunal
| The decision of the United States Su.
| preme Court to mete out punishment fol
the crime of treating that body with con.
The proceeding will take place In connec.
| tion with the cases of Sheriff Shipp and
Deputy Sheriff Gibson of Hamilton coun-
ty. Tenn, and OF four other residents OF
that county. named. respectively, Will
liams, Nolan. Padgett and May. These
men were yesterday declared by the cour
| to be guilty of an act Of contempt In
| combining in 1908 In a conspiracy tt
| lynch negro named Johnson. who had
been sentenced to death and in whose case
the Supreme Court had interfered to the
| extent of granting an appeal which had
| the effect of suspending action. On the
night following the announcement Of the
| courts action Johnson was taken out OF
| the Jail In Chattanooga by a mob and
| lynched. There was no resistance on the
part of the Jail authorities, and Shipp and
| a number of his deputies. as well as
about twenty citizens, were proceeded
| against on the charge OF contempt of the
highest federal court.
shipp Stunned by the News.
A dispatch from Chattanooga, Tenn,
says that the decision Of the Supreme
Court has shocked that city greatly.
The ex-sherif appears stunned and his
friends decline to discuss the case. 1t
was rurnored last night that Mr.. Shipp
had dropped dead on learning the news
that he had been ordered to Washington
to receive sentence, but it was soon
proven untrue. However. the defendant
Is taking his conviction much to heart.
He declares he is innocent Of any infrac-
tion of the law and had confidently an
ticipated an acquittal. In signed state
ment he says:
| II have no official notice OF the Su-
preme Courts decision in my case. All
have to say is am under bond to appear
on the order of the court. which 1 am
ready to do when notified by the court"
The ex-sherif enjoys to a large meas
| ure the confidence OF the people Of Chat
| tanooga and county and frequent express
sions of sympathy are heard.
Defiance of Courts Mandate.
The opinion of the Supreme Court was
couched in indignant but dignified terms
The Chief Justice said:
I'm our opinion 1t does not admit of
question on this record that this lamenta-
BILE riot was the direct result Of opposi-
ton to the administration of the law by
this court. 1t was not only In defiance
OF our mandate, but was understood to be
such. The Supreme Court Of the United
States was called upon to abdicate its
| functions and decline to enter such or
ders as the occasion In its judgment de-
manded, because of the danger of their
defeat BY an outbreak of lawless violence.
It is plain that. what created this mob
| and led to this lynching was the unwill-
| ingness of its members to submit to the
delay required for the appeal. The intent
TO prevent that delay by defeating the
hearing of the appeal necessarily follows
from the defendants acts. and if the life
OF any one in the custody of the law is at
the mercy of mob the administration of
Justice becomes mockery. When this
court granted a stay OF execution on
L J0lnSOn'S 2nnlic3ffOp II tic d,,<,
to protect him until his case should be
disposed of. And when it's mandate is
sued for his protection was defed pun
ishment of those guilty OF such attempt
| must be awarded
No Precautions Against Attack.
Reviewing the proceedings in the case
OF Johnson. the negro Who was lynched,
the Chief Justice pointed out In the course
| OF his opinion that even. before the case
was brought to the Supreme Court there
had been many threats of lynehing him
because of the serious character of the
negro's Offense.
jail had beer left entireiy unguart1ed and
IN charge OF Deputy Gibson, when every
precauflon to guard the prisoner should
have been taken.
The n. s.a Chief Justice QUOTED libesally from
days after the lynching in which Ehipp
said that he 'did not attempt to hurt any
OF the mob" and In which he charged the
Supreme Court with the responsibility for
the lynching, because of its interference
IN the case. Commenting ON this utter.
ance. the Chief Justice said:
He evidently resented the necessary or.
der OF this court as an alien intrusion.
and declared that the court was 'respon-
sible for the lynchihg. According to him,
the people Of Hamilton county we're Will
ing to let the law take its course until
1t became known that the case would not
probably be disposed of for four or five
years by the Supreme Court of the United
States But he added, the people would
not submit to this and I do not wonder at
it,
Court Blamed for Lynching.
'In other words, his view was that be-
cause this court. In fhe discharge Of it's
duty, entered the order which 1t did that
therefore the people OF Hamilton county
Would not submit to its mandate. and
hence the court became responsible for
the mob He took the view expressed by
several members OF the mob On the aft.
ernoon OF the 18th and before the lynch
ing, when they said. referring to the
Supreme Court that they had no business
interfering with our business at ALL His
reference to the people was significant.
for he was candidate for reelection and
had been told that his saving the prisoner
from the first attempt to mob him would
cost him his place. and he had answered
that he wished the mob had got him be-
fore he did.
Under the facts shown, when the sher-
III and his deputies assert thot thov ov.