Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-11-02

viii Be Sentenced Nov. IS by
United States Supreme Court.
Sheriff, JaiIer and Four Others
Must Answer for Contempt.

Washington, Nov. Tho unusual
proceeding of an arraignmcnt for SEN
tcHce at the bar OF the supreme court Of
the United States will be witnessed two
VEGAS from today, in accordance with
an announcement made today in the
cases of Joseph Fl. Shipp of Chatta-
nooSa, Tenn, and five co-defcndants,
charged with contempt. The court to-
day denied motions for a re-hearing
of the cases.
The cases originated in the court $
deciding in March, 1903, to consider the
appeal of Negro named Ed John
son from a verdict of the Tennessee
courts, holding him guilty and SEN
fencing him to be hanged, on a charge
of criminal assault. The night after the
determination of the supreme court to
re view the proceedings in the case
was telegraphed to Chattanooga, where
Johnson was confined in Jail. a num-
Der of persons stormed the Jail and
took him out and lynched him.
The court was much incensed over
the lynchinS, and at it's instance the
attorney general instituted proceedings
against Snipp, who was the sheriff. and
the jailer and Is others, supposed to
have been implicated in the lynchng
charging them with contempt of the
supreme court. Many of the accused
persons We're eXnnerated and in the
end only six We're found guilty. These
were Sheriff Ship, his deputy. Jere-
miah Gibson, Who was the jailer, Lu-
Their Williams. Nick Nolan, Henry
Padeett and William Mayes, residents
OF Chattanooga.
The finding of the court was an
lounced in May just before the close
of the last term of the court, but all
Tho defendants entered motions for a
re-hearing, which had the effect of
pOstponirg action until the present
term. Tie court today. through Chief
Justice FULLER, announced it's denial
OF the motions. The chief justice an
iio'lnced at the same time the decis-
ion to nave the defendants appear on
Nov. Is to receive sentence.
1t viii be the duty of Marshal Wright
to present the men in court, but he
said today that he expected al of them
70 appear to hear the courts verdict,
which would relieve him of the neces.
sity of going to Chattanooga after
them.
The court has the option of either
fining or imprisoning the men or in
fiicting both penalties, and no intima-
ton has been given as to what course
may be pursued. 1t is only known chat
from the beginning OF the proceedings
the court has appeared exceptionally
interested in the case and is believed
to feel that an example must be made
to prevent other indignities to the
court. 1t is recalled, however, that
several of the members of the court
among whom was the late Justice
Pectham, dissented from the verdict
of the majority, which may have the
effect of lessening the severity of ihe
sentence.
The only instance of a sentence for
| contempt in the courts history occur
red in 1875, when one John Chiles, who
was concerned in dealings in Texas
| indemnity bonds contrary to an order
Of the court was ordered to pay a
| fine of $3.50 for contempt. This time
there will be six men instead of one,
| and the proceedings will therefore be
| unprecedented as regards numbers.
All the defendants assert innocence.
Shipp and Gibson declare there was
no advance indication of violence to
Johnson and say that otherwise they
Most Of the other men implicated claim
not TO have been present >when the
| Negro was killed by the mob.