Evening star., 1909-06-01
ACTION IS POSTPONED
Shipp and Fellow Prisoners
Before Supreme Court.
ALLOWED THIRTY DAYS
Granted Leave to Petition for a
Rehearing.
CASE GOES OVER TO NEW TERM
Supreme Court Closes It's Present
Term and Adjourns Until Sec
ond Monday in October.
ASE GOES OVER TO NEW TERM

In the cases of former Sheriff Shipp and
his deputy. jeremiah Gibson, and of Lu-
ther Williams, Nick Nolan. Henry Pad
gett and William Mayes, all of Chatta-
nooga, Tenn, charged with contempt of
the Supreme Court of the United States in
connection with the lynching in 1905 of
a negro named Ed Johnson, the court to-
day postponed the passing of sentence to
permit the prisoners to file petitions for a
rehearing. The cases therefore go over
until next term, the prisoners remaining
out on bond.
The corridor outside the courtroom was
densely crowded with persons filled with
a desire To get a view of the six prnci-
pals in the unusual case. Only few of
them, however, were able TO get inside,
as the space was almost entirely taken
up by attorneys and congressman. includ
ing the delegation from Tennessee In
the throng outside vas a negro who was
loud in charges of discrimination regard
ing admissions. IT was observed that but
two negroes, and they practicing attor-
neys. were in the court.
Defendants Appear.
Shortly before noon United States Mar
shall Dunlap of the east Tennessee dis
trict. brought the prisoners to the court
and they were assigned seats in the rear
of the room. hen the justices had
taken their accustomed places, Chief JUS
tice Fuller beckoned to the defendants to
come forward. Marshal Wright of the
court announced that in obedience to the
writ attachment he produced the bodies
OF the accused men.
Solicitor General Blowers. representing
the Department of Justice. moved for
sentence, but Messrs. Chamlee, Cliff and
Shepherd of counsel for the men called
attention to the fact that they had seen
the opinion of the court only few min
utes before and asked leave to file a pc
tition for rehearing. The request was
opposed by the solicitor general, but Chief
Justice Fuller announced that the court
would take the request under advise
ment.
The Request Granted.
Thereupon the Justices withdrew for
conference, at the end of which Chief
Justice Fuller announced that IT had
been decided to grant the request, thir-
ty days being allowed in which to file
the petition. The defendants in the
meantime were remanded to Tennessee
for a renewal of their bonds. The case
in consequence now goes over until the
next term of the court.
In connection with the motions for
permission to file the petitions for
rehearing an amusing incident occurred.
which caused even the members of the
court to smile. Attorney Chamlee. rep
resenting Williams, who is said to be in
the liquor business, called attention to
the prohibition law Of Tennessee. which
is about to go into effect. II your
honors please" he said. my client in
this case is not in any business of con-
sequence to others, but it is a matter
of very much Importance to him. AT
this stage of the game little delay OF
thirty or sixty days will be of much ad-
vantage to him. because he would be in
bankruptcy if you send him away now.
For instance, last Monday he only heard
of this decision. Down in Tennessee
we are expecting long drought In the
liquor business, and he wants time to
prepare for IT..