The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1909-11-18

.. -
Stss had sta sd his d 81 scutten tltI;
WIS: lectatoty' Seats Crowded. . .T
~ Lii&hers WI lIt44Ds, Nick Nolan, Hen
~ P$hsstt and William ayes. resi-.
t6sntSof ChattAnCoKa, found Spilty 81
IRartiStp patton ii, HE slynchidg Of I'D. s
ION nson. - formed Sth e y I rest B oty 4 the
Etroup.i Before them all, lat the OF
ldcials OF the DepSrtnent$ot Justice.
Around them In the little sSourtroo 4n
ysre their attorneys and Sother law
IyersS while the three rows OF seats
for spectators were crowded. ! 5.
| The procsedingss were practically
without president. In 1875, John
Chiles, a business man of Texas, was
Drought before the court for con-
tempt In connection with dealings
| ~ Texas indemnity bonds, contrary
to; an order OF the, Supreme Court.
He Was fined $3.50. But that instance
lacked the interest Of the case tt g..
In 1T were involved no race question,
no tlynching. no interference with
state Jurisdiction; only the majesty
6fthe law as interpreted by the high
eat court, of the land. .,..~,. 3D..
The case today originated in the
I Court'sT decision in March, 1905, to
consider the appeal of Johnson from q
I verdict of the Tennessee courts hold.
Ing him guilty and sentencing him to
f'oe hanged on a charge OF assault.
THE night after the determination of
1.-The Supreme Court to review the pro-
" ceedinss were wired to Chattanooga
9 mob stormed the jail, took the
lprtsoner out and 1ynched him.
I II Anger OF Court Aroused.
} The Court was much incensed by
the lyRching, and, as It's instance, the
Acknowledgement instituted proceed
ltngs against Sheriff shtpp, Jailer
Gibson and twenty-five others suppos-
ed to have: been implicated in. the
lynching, charging them with con-
tempt. Many of the accused were
fexonerated, and in the end only six
}were found guilty
| The finding of the. Court was an
4r1ounsed in May just before the close
/. fof the last term Of court, but all the
| defendants entered motions for re-
thearing. which had the effect Of post
poning action until this fall. On
November ], rehearing was denied
and the six. men ordered before the
y Court for sentence today, --z = - =
{ In Investigating the case the SUI
y preme Court found that Johnson was
4 removed from. Chattanooga to Mash.
q vile before his trial. because Of fear
Il THAT hs Weu1d Abe lyneheds He. was
n br ou&ht back Tor the Legal exeention
4 WheHst ,spremet Court stayed the
;, execution' the Court has held THAI
81 Ship made no effort and gave nc
81 8kders to have the deputies ior Others
81 guard the, ]aii, but left the, night
4 1ailer, Gibson there alone. That ev
1ehing a white male prisoner was re
Y aaEe1s fEan0 Il Ia aRnag 9or of
= 3au, leaving only i, Johnson and g
white woman on that floor The
court pointed out that this same man
! had been removed In the same way al
81 the same time Of the first attempt
ITO lynch Johnson, which had been
3 frustrated by the removal of the Ne
sIgro. .... 49,. 49,"
K Went Alone to Jail. F..
~ Ship only lived few blocks from
Il the jail and when he was notified by
: the trial Judge and the prosecuting
attorney that mob was at the jail
) went there alone. Although for ar
hour in the, midst Of or near the mob
!, the Court held that he did not seek
+ to obtain information that he could
| identify any OF it's members.
The Court in finding Shipp guilty
commented on a published interview
} alleged to have been had with Shipp
"The people of Hamilton county
: twere willing to let the law take its
course until 1t become known thai
the case would not probably be dis
| fposed Of for four or five years by the
: Supreme Court of the United States
1t quoted Shipp as saying: "But the
| tpeople would not submit to this, and
do not wonder at it."
Chief Justice Fuller in pronounc.
| ing Shipp guilty, said that this refer.
/ fence to people" was significant, 'ffo1
The was a candidate for reelection
and had been told that his saving the
prisoner from the first attempt to
mob him would cost him his place
land he answered that he wished the
mob had got him before they did,
[ The Court held that Gibson must
lhave believed mob would attack the
Jail the night Johnson was lynched,
4 but although he was in charge Of the
| jail more than two hours before the
larrival, he made no effort to summon
assistance to repel the attack. The