The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-05-25
limited States Highest Tribun-
Al Finds 0ffense in the
lynching Of Negro by a Ten
l1essee Mob. I.
SIX ARE DECLARED
TO BE GUILTY ONES
The Federal Body Will, On
Next Tuesday, Mete Out
Punishment for Those Who
Defied the Orders Given. ;.

Washington, May 25.-For the first
time In SO serious case the supreme
court OF the United States will on
out punishment for the crime of con-
tempt OF the court itself. and the I'M
portance of the occasion will be en-
hanced by the number of defendants.
The proceeding will take place in
connection with the cases of Sheriff
Bhipp and Deputy Sheriff Gibson of
Hamilton county, Tennessee and of
-FOUR other residents OF that county
named Williams, Nolan, Padgett and
May.
These men were declared by the
court to be guilty Of an act of con-
tempt in combining in 1905 in con-
spiracy to lynch a negro named John
eon who had been sentenced to death
by the local courts on the charge of
rape. and in whose case the supreme
court had interfered to the extent of
granting an appeal, which had the ef-
eect Of 4 supersedeas.
No Resistance TO Mob.
On the night following the an
nouncement Of the courts action
johnson was taken out OF the Jail in
Chattanooga by mob and lynched.
Thore was no resistance on tho part
of, the 1ail authorities and Shipp and
. . - ~ his dep1ties. % well a.
aho4x twenty citizens, were proceeded
Axainat 0u the charge Of contempt OF
the federal court.
The case has been pending ever
since and the number Of defendants
was from time to time reduced to
mine OF these nine three were today
found guiltless, while the other six
were ordered to be brought into court
Fuesday Of next week for sentence
They will be taken into custody Inn
mediately and will appear In court in
charge OF Marshal Wright. The SEN
ksnce may be either fine or 4mprison-
ment. or both.
Case 10 Exceptional.
The case is regarded as of excep-
tional interest because 1t is practical
" the first time that the highest court
IN the United States has ever under
taken to assert its dignity or to resent
nets or words reflecting upon 1t. In
one previous case some years ago a
defendant was fined for some express
sion Of contempt. but the case was
% comparatively insignificant as prac-
Aically to leave the present proceed
Ing standing alone.
In the cases OF Sheriff Shipp and
Deputy Gibson the court in effect de-
clares that there may be contempt in
D failure Of officers Of the law to pre-
went crime in contempt OF the court
and In taking cognizance Of an offense
1t 90 great q distance the court for
The first time asserts by action its
right to compel the proper respect for
and treatment of it's verdict in all
parts Of the Union.
Jail Left unsuarded.
The chief Justice in reviewing the
proceedings pointed out that the Jail
had been left entirely unguarded and
In charge of Deputy Gibson. when ev-
cry precaution to guard the prisoner
should have been taken.
The chief justice quoted literally
from an interview given out by Shipp
some days after the lynching in which
Shipp said that he did not attempt to
hurt any Of the mob and In which he
charged the supreme court with the re-
sponsibility for the lynching because
Of its Interference in the case. Com
menting on this utterance the chief
Justice said:
He evidently resented the necessa-
ry order Of this court as an alien in
trusion, and declared that the court
was responsible for the lynching. Ac-
cording to him the people Of Hamilton
county we're willing to let the law take
1ts course until 1t became known that
the case would probably not be dispos-
ed OF for four or five years by the su-
preme court OF the United States But
he added. the people would not sub
NIT to this, and do not wonder at IT.
IN other words. his view was that
because this court, IN the discharge Of
its duty. entered the order which il
did. therefore the people Of Hamilton
county would not submit to it's man
date. and hence the court becomes re
sponsible for the mob.
Politics Seen Ia Affair.
His reference to the people was
significant. for he was candidate for
reelection and had been told that his
saving the prisoner from the first at
tempt to mob him would cost him his
place. and he had answered that he
wished the mob had got him before he
did,
The chief justice also declared that
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