The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1909-11-15
JAIL FOR
LYNCHING

on former sherin Joseph F.. Shipp, of
Chattanooga, Tenn, by the supreme
court of the United States, for con-
tempt Of court In failing to prevent
the lynching of a negro, Ed Johnson,
convicted of assault, but whose IKE
cution mad been stayed by the court.
Luthar williams and Nick Nolan,
residents of Chattanooga, were sem
fenced to twenty days and Henry Pad
gett and William Mayes TO sixty days
for participation in the lynching. Jer-
emiah Gibson. aged 76, m the old
jailor, was also sentenced to sixty
days.
This was the second time in the
history of the Supreme Court of the
United States that that august body
had imposed a sentence upon citi-
mandates. The previous occasion "a
in another generation
Heading the little group of six men
found guilty of contempt, al they
OOH their places before the black
ROBBED justices, was Captain Joseph II.
Ship. the sheriff in Chattanooga,
Tenn, when he offended the court.
His tall. straight figure. his scanned
face and his gray-streaked beard. told
of his long service in the army of the
Confederacy.
bONtu uoWn uiuCI niS 30 ycdISp
Jeremiah Gibson. the jailer, stood
with him. With bedimmed eyes he
looked upon the long white bel of
the Clief Justice, himself 76 years of
age, VINO would soon pronounce SEN
tence upon him perhaps send to pris-
on. He and Captain Ship had been
found guilty of failing to protect a ne
gro, waiting to be hanged on a charge
of a heinous crime against a white
o,~~ ff~,. H. NO C@.vN -
the United Statse had stayed his ex-
ecution.
Luther Williams. Nick Nolan, Henry
Padgett and Williams Mayes, resi-
dents of Chattanooga, found guilty of
participation in the ~lynching of Ed
Johnson, formed the rest of the group.
Before them all sat the officials of the
Department of Justice. Around then
in the little court ROOM, We're their
attorneys and others lawyers, while
the three rows of seats for spectators
were crowded.
The proceedings were practically
without precedent. In 1875. John
Chiles, a business man of Texas. was
brought before the court for contempt
in connection with dealings in Texas
indemnity ponds contrary to an order
of the Supreme Court. He was fined
$3.50. But that instance lacked the
interest of the case today. In II
were involved no race question. no
lyncning, nc Interference with state
jurisdiction: only the majesty of the
law as Interpreted by the highest
court in the land.
The case today originated in the
courts decision in March. 1906. to
consider the appeal of Johnson, from
a verdict of the Tennessee courts
holding him guilty and sentencing
aim to be hanged on a charge of as
sault. The night after the deterni-
nation of the Supreme Court to re-
view the proceedings was wired to
Chattanooga: a mob stor-ned the Jail.
took the prisoner out, n lynched
him.
The court was much incensed by
the lyncning, and at its instance the
Attorney General instituted proceed
ings against Sheriff Ship, Jailer Glib
son and twenty-five others supposed
10 have been implicated in the lynch
ing. 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
rounced 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 postpon-
ing action until this fall. On Novem-
Der 1, rehearing was denied and the
six men ordered before the court for
sentence today.
In investigating the case. the SUI
prene Court found a Johnson was
removed from Chattanooga to Nash
Vile before mis- trial, because of fear
that he O be lynched. He was
brought back for legal execution.
When the Supreme Cour stayed the
execution, the court has held, Ship
made no effort and CAV no orders to
have the deputies or others guard
the Jail. but left the night jailer, Glib
son. there alone. That evening a
white male prisoner was removed
from the upper ioor of the Jail. leav-
ing only Johnson and a white woman
On that floor. The court pointed out
that this same man had been remov-
ed in the same way at the time of the
first attempt TO lynch Johnson, which
had e frustrated by the removal of
the negro.
Ship lived only a few blocks from
the jail and when ne was notified by
h trial Judge and the prosecuting al
torney tnat a mob was at the Jail,
went there alone. Although for an
hour in the midst of or near the mob.
the court held he did not seek to OBJ
tain information 81 that he could
IDENTIFY any of its members.
The court in finding Ship guilty
consented on a published interview
/ alleged to have been nasi with Ship.
The people of hamilton County were
willing to let the law take its course,
until II became known that the case
would not probably be disposed of
for four or five years by the Supreme
Court OF the United States" 1t quot
ID Ship as saying: But the people
would MOI submit to this and I do not
wonder al it,"
chief Justice Fuller in prono1nc-
ing Ship guilty said that this refer
ence to people was significant, for