The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1909-11-18
HIGHEST COURT IN
CONTEMPT ACTION
UPHOLDS DIGNITY

imprisonment was imposed today upon
ok sheriff Joseph F. Ship, Of chatta-
noosa, Tenn, by the supreme oourt Of
tho United States for contempt of
court in failing to prevent the lynch
ing Of a negro, Ed johnson, convicted
Of assault, but whose execution had
been stayed by the court.
This was the second time in the his
tory of the supreme court of the Unit
ed States that that august body had
imposed a sentence upon citizens, held
guilty Of d~isregarding its mandates.
The previous occasion was In. another
generation.
Dramatic Scene in Court.
Heading the little group Of six men,
found guilty o. contempt. as they o
their places before the blacls-robed
justices, was Captain Joseph III. Ship,
the sheriff in Chattanooga, Tenn, when
figure, his scanned face and gray
streaked beard, told of his long serv-
Ice in the army of the confederacy.
Bowed down under his rs years,
Jeremiah Gibson, the jailer, TODD with
him. With bedimed eyes he looked
upon the long white locks of the chief
justice, himself 76 years Of age who
would 10 pronounce sentence upon
him, perhaps send him to prison. He
n Captain Shipp had been found
guilty of failing to protect a negro
waiting to be hanged on a charge of a
heinous crime against a white woman
after the supreme court of the United
States had stayed his execution.
Luther Williams, Nick Nolan, Henry
Padgett and William Mayes, residents
Of Chattanooga, found guilty of partici-
patton in the lynching of Ed Johnson
formed che rest of the group. Before
them all sat the officials Of the de-
partment Of justice. Around about
them in the little court ROOM, were
their attorneys and other lawyers
while the three rows Of seats fol
spectators were crowded.
Case Almost Unprecedented.
The proceedings were practically
without precedent. In 1875, Johr
Chiles, a business man Of Texas. was
brought before the court for contempt
in connection with dealings in Texa:
indemnity bonds, contrary to an or.
der Of the supreme court. He wa.
fined $3.50. Gut that instance lacked
the interest of the case today. In 1
were involved no race question, NJ
lynching. no interference with state
Jurisdiction; only the majesty Of the
law as interpreted by the highes
court Of the land.
The case today originated In the
courts decision in March. 1906, to con
slider the appeal from Johnson, from
verdict Of the Tennessee courts hold
ing him guilty and sentencing him t.
be hanged on a charge of assault. TIL,
night after the determination Of thu
supreme court to review the proceed
ings was wired to Chattanooga, a mol
stormed the jail, took the prisoner out
and lynched him.
The court was much incensed by thu
l%ynching, and at it's instance the at
fnrnnxy nnAr inafttttnl nrnnnn1fnD
against Sheriff Ship, Jailer Gibson an
% others supposed to have been impli
Gated in the lynching, charging then
with contempt. Many of the accused
were ~exonerated and in the end onl.
six were found guilty.
The findings of the court was an
nounced in May, Just before the clos
Of the last term of court, but all tn,
defendants entered motions of rehear
ing. which had the effect Of postponint
action until this fail. On November |
~rehearing was denied and the six mel
ordered before the court for sentenc
today.
Sheriff Was Negligent.
In Investigating the case, the suprem
court found that Johnson was remove,
from Chattanooga to Nashville befor
his trial, because Of fear that he woul'
be lynched. He was brought Jack 70
the legal execution. When the suprem
court stayed the execution, the cour
has held, Shipp made no effort an,
gave no orders to have the deputies o
others guard the Jail, but left the nigh
jailer. Gibson, there alone. That eve
ming a white male prisoner was remove,
from the upper floor of the jail, leaVini
only Johnson n a white woman o.
that floor The court pointed out tina
this same man had been removed il
the same way at the time Of the frs
attempt to lynch Johnson, which ha,
been frustrated by the removal Of tn
negro.
Shipp lived only a few blocks. fron
the Jail INC when he was notified b,
the trial judge and the prosecuting at
torney that a mob was at the Jail, wen
there alone. Although for an hour 4
the midst Of or near the mob, the cour
held he did not seek to obtain informa
ton 80 that he could identify any Of it
members.
The court in finding Shipp guilty com
mented on a published interview al
legged to have been had with Shipp
The people of Hamilton county wer
willing to let the law taxi it's cours
until 1t became known hat the cas-
would not probably be disposed Of 70
four or five years by the supreme cour
Of the United States" it quoted Ship
as saying: But the people would nc
submit to this and l do not wonder a
It,"
Chief Justice Fuller in pronouncin
Shipp guilty said that this reference (
people" was significant. for he wa
a candidate for reelection and ha
been told that his saving the prisone
from the first attempt to mob hi1
would cost him his place, and he ha
answered that he wished the mob ha
got him before no an"