The Montgomery advertiser., 1909-06-02
SHIP GOES
BEFORE COURT
Sentence Of Six IS Post
poned.
PETITION FOR A REHEARING
Lawyers Given Time toe dc
Briefs.
Chattanooga Defendants VIII Return
Home .na Make Bsnas--Nossy
Crowd wasted 10 Invsde
Supreme Court.


former Sheriff Shipp and others Of
Chattanooga. charged with contempt
of the Supreme Court of the United
States. the court today postponed the
passage OF sentence TO permit the
prisoners to file petitions for rehear-
ing. The cases, therefore. so over
util next term. the prisoners remain
ing out on bond.
The Supreme Court was today the
scene OF the arraignment of six men
before its bar which was an unprece-
denied spectacle to this, the highest
tribunal in the nation. The prisoners
consisted of former Sheriff Joseph F.
Shipp of Hamilton County, Tennessee.
and his jailer, Deputy Jeremiah Glib
son, and Luther Williams. Nick Nolan.
Henry Padgett and William Mayse, all
of Chattanooga.
They are the men who. week ago.
were found guilty by the court on the
charge OF contempt In permitting ha-
beas corpus proceedings In the lynch
ing in 1908 OF a negro named Ed John
son, after the Supreme Court had
granted permission to him to bring
his case to the Supreme Court on APP
peal. He had been found guilty Of the
crime of rape and was under sentence
/ to be hanged.
The granting of the appeal acted as a
writ OF supersedeas and when the fact
of this action became known In Chatta-
nooga. where Johnson was in jail. and
when the further fact that IT would
cause postponement OF the execution,
II, indeed. IL might not entirely pre-
vent 1t. dawned upon the people OF that
city, there was considerable excitement
which eliminated during the night fol-
lowing In a mob taking Johnson from
TAIL and hanging him.
Contempt IL Charged.
The act was resented by the court az
one OF fragrant contempt and immedi-
ate complaint was made to President
Roosevelt with the result that he
placed the matter in the hands OF ths
Department Of Justice which immedi-
ateiy took steps to Ascertain the names
OF the parttcipents In the aFnehins.
Proceedings were than tnatitutet
against the ssherifI and q number Of
his deputies Ae well ae against about
| twenty cTtizens Of Chattanooga. The
| inquiry which was subsequently made
on behalf Of the court reduced THU
number to nine and the courts own
Investigation eliminated three others
leaving only six to be brought befire
the tribunal.
The Offenders came into the court
today In a body. They were accom-
pd0lCu ny OAbSCAc Va SeAO ~ e-NA ~
their attorneys.
The corridor outside the court room
was densely crowded with persons filled
with q desire to get q view of the six
prisoners in the unusual case. Only
a few of them, however, were able to
get inside, as the space was almost en-
tirely taken UP by attorneys and Con-
gressmen, including the delegation
from Tennessee.
In the throng outside was negro.
who was loud in his charges OF dis
was observed that but two negroes,
and they practicing attorneys, were in
the court.
shortly before noon United States
Marshal Dunlap of the East Tennessee
District, brought the prisoners to the
court, and they were assigned seats in
the rear Of the room. When the Judges
had taken their accustomed places.
Chief Justice Fuller beekoned to the
defendants to come forward. Marshal
Wright Of the court, announced that
in obedience to the write of attach
ment he produced the bodies Of the
accused men.
Solicltor-GeneraI Bowers, represent
ing the Department OF Justice. moved
for the sentence. but Messrs. Chamlee,
Gift and and Shepherd of counsel for
the men. called attention to the fact
that they had only seen the opinion
OF the court a few minutes before and
asked leave to file petition for a
hearing.
The request was opposed by the So
licitor General, but Chief Justice Fuller
announced that the court would take
the request under Amusement. There
upon the justice withdrew for a con-
ference. at the end OF which the Chief
Justice announced that II had been
decided to grant the request, thirty
DAYS being allowed In which to hie
the petition. The defendants in the
meantime were remandad to Tennessee
for renewal OF their bond. The case. In
consequence now goes over until the
next term of the court.
Lawyer II Humorous.
In connection with motions for per-
niasion to file the petitions for re-
hearing. an amusing incident occurred
which caused even the members OF the
court to smile. Attorney ChAmlee
ranresentinR williams, who is said to
he In the liquor business, called atten-
tion to the prohibition law OF Tonnes
see. which is about to go into effect.
"If your honorS please" he said, my
client In this case 10 not In any busi-
ness of consequence to others. but 1t is
a matter of very much Importance to
him. At this stage of the game, a
little delay of thtrty-six days will be OF
much advantage to him because he
wouId he in bankruptcy IL you send
-. syvav now. For instance, last Mon
dav he only heard OF this decision.
now, IN Tennessee, we are expecting
long drought in the liquor business,
- u,opta time to prepare for IL 4"