Arizona republican., 1909-11-16
UPON NEGLIGENT stxTET
They Had Failed to Prevent the Lynching of a Negro Whose Appeal Had Put Him Under the Protec- tion of the Nation

Washington. Nov. 15.-For the first time in the American history. six men are in prison tonight for contempt of the supreme court of the United States. For the first time the federal government has placed men behind the bars as an outcome of lynching a ne gro. At the United States jail here Captain Joseph F. Shipp, former sher- fir of Chattanooga. Jeremiah Gibson his jailor. and Luther Williams. Nick Nolan. Henry Padgett and William Waves of the same city. this afternoon began to serve terms of imprisonment imposed few hours before by the su- preme court of the United States.
 Shipp and Gibson had been found guilty of failing to protect from a mob Ed Johnson. whose legal execution for rape had been stayed by the supreme court. until it could review the case. The others had been found guilty of participating in the lynching of a fed eral prisoner Shipp. Williams and Nolan were sentenced to ninety days Imprisonment. while Gibson, Padgett and Mayes received sixty days
 This-was the second time in the his tory Of the supreme court of the United States that that august body had imposed d 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 justices. was Captain Joseph H. Shipp. the sheriff in Chattanooga. Tenn. when he offended the court His tall. straight figure. his scanned face and his grayed -streaked beard. told of his long service in the army of the con- federacy.
 Bowed down under his 1s years. Jeremiah Gibson. the jailOr stood with him. With bedimed eyes he looked upon the long white locks of the chief justice. himself 76 years of age. who would soon pronounce sentence upon him. perhaps send him to prison. He and Captain Shipp had been guilty of failing to protect a negro. waiting to be hanged on a charge of 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 par ticipation in the lynching of Ed John son. formed the rest of the group. Be fore them all sat the officials of the department of justice Around about them in the little court room. were their attorneys and other lawyers. while the three rows of seats for spec tators were crowded
 The proceedings were practically without precedent. In 1875. John Chiles. a businessman of Texas. was brought before the court for contempt in connection with dealings in Texas indemnity bonds. contrary to an order of the supreme court. He was fined S250 But that instance lacked the in- terest Of the case today In it were involved no race question. no lynching no interference with state jurisdiction only the majority of the law as inter preted by the shighest court Of the land.
 The case today originated in the courts decision in March. 19OG to con slider the appeal of Johnson. from q verdict of the Tennessee courts hold ing him guilty and sentencing him to be hanged ora charge of assault. The night after the determination of the supreme court to review the proceed ings was wired 10 Chattanooga, a mob stOrmed the jail took the prisoner out and l.nched him.
 The court was much incensed by The lynching. and at it's instance the attorney general instituted proceedings against Sheriff Shipp. Jailer Gibson and twenty-five others supposed to have been implicated in the lynching charging them with contempt. Many of the accused were eXOnerated and in the end only six were found guilty
 The finding of the court was an- nounced in May. just before the close of the last term of court. but all the defendants entered motions of rehear- ing which had the effect of postpOnins action until this fall On November r. reheaIing was denied and the six men ordered before the court for sen 1ence today.
 h. Investigating the, case. the su- preme court found that Johnson was removed from Chattanooga to Nash Nille before his trial. because of fea: that he would be lvhched. He was brought back for the legal execution When the supreme court stayed the execution. the court has held. ShipI made no effort and gave no orders tc have the deputies ar others guard the