Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-11-16


had been found guilty OF failing e
protect y negro, waiting 10 be hanEcu
IN Il charge OF a heinou crime
against q white woman, alter the gu
prelne court OF the United states had
stayed his execution.
Father Williams. Nick Nolan. Henry
pAAgnti and William Mayes. residents
Of Chattanooga. fonnd guilty OF par
ueipation IN the lynch ing OF Ed John
son, formed the rest OF the group. Be-
fore them all sui the officinis OF the
Department. OF Justice. Around about
them IN tne little court room were
tkrir attorneys and other lawyers
while the three rows OF seats for spec
tntors ware crowded.
The proceedings were practicaily
without precedent, In 1875, John
chiles. 4 business man OF Texas, was
brought before the court for contempt
In connection with dealings In Tex
~s Indemnity bonds, contrary TO an
order OF the supreme court. He was
fined xa50. But hat instance lacked
tic interest of the case to-day. In
II were involved no rltce question, no
lynching. no interference with STATE
Jurisdiction, only the majesty OF the
Ian az interpreted BY the highest
court OF the land.
The case today originated IN the
courts decision in March, 1895. 10
consider the appeal of Johnson, from
"a verdict OF the Tennessee courts
holding him guilty and sentencing him
10 be hanged on a charge Of assault.
The night after the determination Of
the supreme court TO review the pro-
caedlngs was wired 10 Chattanooga, O
mob stornled the iail, tool The pris-
ounr out and lynched him.
The court was much ineensed by
the lynching, and ut its instance the
attorne, general instituted pro-
ceeiings against sheriff Ship, Pailer
Gibson and twenty-five others sup
posed 20 have been implicated In the
iyTehing. charging them with con-
tempt. Many OF the accused were
81 onersted. and In the end only six
were found guilty.
The finding OF the SQUIRT was an-
nounced ia May, just before the close
~ the last term OF court. but all the
defendants entered motions OF rehear-
ing, which had the effect of postpon-
ing action until this fall. On Mo-
vember ] fehearing was denied and
the ak men ordered before the court
for sentence today.
In investigating the case, the sn-
prenpe court found that johnson was
removed from Chattanooga to Mash
vile before his trial. because of fenr
that he would be iynched. He was
Wrought back Tor the legal execution.
When the supreme court stayed the
execution, the court has held Shipp
made nc effort and gay no orders to
have the deputies or Others guard the
Jail, but left the night jailer, Gibson,
there alone. That evening a white
male prisoner war removed from the
upper floor 81 the Jail. leaving only
Johnson and u white woman IN that
floor. The bur pointed ont that
this same man had been removed in
the same way at the time of the first
attempt to lynch johnson, which had
been frustrated by the removal OF
the negro.
shipp lived only a few blocks from
the 1nn and when he WAS notified by |
the trial judge ana the prosecuting at
torney that a mob was al the fail, |
went there alone. Although for an
hour In the midst Of or near the mob,
the court hold he did not seek to oh
tsin Information so that he could
Identity IA OF It's members.
The court in finding shipp guilty
commented on a published interview
alleged to have been had with Ship. |
The people Of Hamilton country were
willing 10 let the Law TAKE it's course |
until II became known that the case |
would not probably be disposed OF for
fvur or five years by the supreme
curt OF the United States II quot
"a Shipp as saying. but the peo-
pie would not submit to this, and ]
do not wonder ~ IT,
Chief Justice Fuller in pronounce
ing Shipp guilty said that his refer |
~ncc TO people was significant, for
was a candidate for recollection and
had been told that his saving the pris-
from the first attempt To mob
him void cost him his place, and he !
had answered that ne wished the mob
had got him before he did'
The court held that Gibson must
have believed a q would attack the
jail the night johnson was lynched,
hut although he was ia charge of the
fail moro than two hours before as
arrival he made 10 effort to summon
"a assistance 10 rcpei the attack. The
Of Mrs. Baker. u white pris-
oncr. Go the effect that Gibson told
her before the mob arrived That il was
coming and for her to go Ia her cen.
VAS referred to.
Williams ana Nulan participated In
he iypchine. the court held upon the !
strength az direct testimony 90 that
effect. Statements made by Padgett
and MaNes were held as evidence OF
euilt
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