Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-11-15
SIX SENT TO JAIL
BY SUPREME COURT
IN CONTEMPT CASE
Sheriff Shipp and Others
Sentenced to Terms in
District Prison.
FAILED TO PREVENT
LYNCHING OF NEGRO
Tennessee Officials Found Guilty of
Violating Mandate.
AFFECTING SCENE IN COURT
Second Time Sentence for CONTEMPT
Has Been Imposed in History
Tennessee Officials Found Guilty of
Violating Mandate.
AFFECTING SCENE IN COURT
Second Time Sentence for Contempt
Has Been Imposed in History
Of the Court.

Ninety days imprisonment was
imposed today upon ex-Sherift
Joseph F. Shipp of Chattanooga.
Tenn, by the Supreme Court of
the United States for contempt of
court in failing to prevent the
lynching of a negro, Ed Johnson,
convicted of rape, but whose exc
cution had been stayed by the
court.
Luther Williams and Nick
Nolan were sentenced to impris-
onment for ninety days for con-
nection with the lynching. and
Jeremiah Gibson, the jailer;
Henry Padgett and William
Mayes, all of Chattanooga, for
sixty days.
Chief Justice Fuller, who pronounced
the sentence. designated the United States
jail in the District of Columbia az the
place of Imprisonment Attorneys for the
prisoners before the bar asked. on ac-
count of the difference in climate. that
the federal prison at Atlanta, Ca, be
substituted for the District JAIL To this
Attorney General wickersham objected,
saying that the Atlanta prison was for
long-term prisoners. and that the local
Jail was much more suited for the pres
ent purpose.
Just before adjournment Chief Justice
Fuller questioned Solicitor General Bowers
as to the Atlanta penitentiary. and as
result OF Mr.. Bowers explanation the
Chief Justice said that the sentence would
stand for the present at least, and ~
men be remanded to the District Jail.
The marshal of the court. Mr.. Wright,
then summoned carriages and trans
ferred his prisoners without delay to
the District Jail.
This was the second time in the his
tory Of the Supreme Court of the
United States that that august body
had imposed a sentence upon citizens
held guilty of disregarding its man
dates. The previous occasion was IN
another generation.
Heading the little group of six men
found guilty of contempt, as they took
their places before the black -robed JUS
tices, was Capt. Joseph +. Shipp. His
tall, straight figure. his scanned ace
and his gray-streaked beard told of his
long service in the army of the Con-
federacy.
Bowed down under his seventy-six
years. jeremiah Gibson. the jailer. stood
with him. With bedimmed eyes he look
ed upon the long white locks of the Chief
Justice himself seventy-six years of age.
who would soon pronounce sentence upon
him. perhaps send him to prison. He and
Capt. Shipp had been found guilty of
failing to protect negro waiting to be
hanged on a charge OF heinous crime
against white woman after the Su-
.preme Court of the United States had
stayed his execution.
Luther Williams, Nick Nolan. Henry
Padgett and William Mayes, residents OF
tion in the Iynching OF Ed Johnson. FORM
ed the rest of the group. Before them
all sat the officials of the Department of
Justice. Around about them i'm the little
courtroom were their attorneys and
other lawyers. while the three ows or
seats for spectators were crowded.
The proceedings were practically with
out precedent. In 1875 John Chiles,
business man OF Texas, was brought be-
fore the court for contempt I'm connection
contrary to an order of the Supreme
Court He was fined $3.50. But that in
stance lacked the interest of the case to-
day. In IL were involved no race ques-
ton, no lynching. no interference with
state Jurisdiction; only the majesty of the
law as interpreted by the highest court
of the land.
Mob Stormed the Jail.
The case today originated in the courts
decision i'm March, 1906. to consider the
appeal of Johnson from a verdict Of the
Tennessee courts holding him guilty and
him to be hanged on a charge
of assault. The night after the determi-
nation of the Supreme Court to review
the proceedings was wired to Chattanoo-
ga, a mob stormed the jail, took the
prisoner out and lynched him.
The court was much incensed by the
lynching, and at its Instance the attor-
Sheriff Shipp Jailer Gibson and twenty-five
others supposed to have been implicated
in the lynching, charging them with con-
tempt. Many of the accused were ex-
onerated, 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
the effect of postponng action until this
fall. On November ] rehearing was de-
MED and the six men ordered before the
court for sentence today.
In investigating the case the Supreme
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 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 others guard the
jail. but left the night jailer. Gibson. there
alone. That evening a white male pris-
oner was removed from the upper moor
Of the jail. leaving only Johnson and
white woman on that floor. The court
pointed out that this same man had been
removed In the same way at the time OF
the drst attempt 60 lynch Johnson which