The Brownsville daily herald. [volume] (Brownsville, Tex.) 1897-1910, 1909-11-16
NOTED CONTEMPT CASE ENDS IN
L. y. SUPREME COURT.
SHIP EFT AL ARE SENTENCED
Result of Lynching of Ed johnson
in Chattanooga in 1906. Sheriff
Ship Having Made No Effort to
Guard Prisoner.
BY Associated Press.

IN failing to prevent the lynchlng OF
the negro Ed Johnson, who had beer
convicted of assault, but whose exc
cution had been stayed by the court
Luther Williams, Nick Nolan, vii
liam Mayes, Henry Padgett, and Jere.
miah Gibson we're also sentenced on
the same charge, the first two to
ninety days and the last three to
sixty days
Chief Justice Fuller. who pro-
nouaced sentence; designated the
United States Jail in the District of
Columbia as the place of imprison-
ment. Attorneys for the prisoners
asked. on account of the difference
in climate. that the Federal prison
in Atlanta be substituted for the
| District jail. To this Attorney Gen
eral Wickersham objected, saying the
Atlanta prison is used for long term
prisoners and the local Jail is much
more suited for the present purpose
The court took the request under au-
yisement and asked the marshal of
the court to retain the prisoners in
his custody for the time being.
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 clu-
zens. held guilty OF disregarding.
its mandates The previous occas-
ion was in another generation.
Heading the little group of six
men, found guilty of contempt as
they took their places before the
black-robed justice. was Captain
Joseph H. Ship, the sheriff in lat
tanOoga, Tenn, when he offended
the court His tall, straight figure,
his scanned face and his gray
streaked beard, told Of his long sery-
ice in the army of the COnfederacy.
Bowed down under 70 years, Jer-
emiah Gibson, the jailer, 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 sen
tence upon him, perhaps send him
10 prison. He and Captain Shipp had
been found guilty of failing to pro-
tect a negro. waiting to be hanged
on a charge of a heinous crime
against 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 participation in the lynch
ing of Ed Johnson, formed the rest
of the group. Before them all sat
the officials of the Department OF
Justice. Around about them in the
little court room, were their at
torneys and other lawyers, while the
three rows Of seats for spectators
We're crowded.
The proceedings were practically
without precedent In 1873, John
Chiles. a business man of Texas. was
brought before the court for con-
tempt in connection with dealings
in Texas indemnity bonds, contrary
to an order of the Suprme Court Fte
was fined $3.50 But that instance
lacked the interest of the case today.
IN it were involved no race question,
no lynching, no interference with
state Jurisdiction; only the majesty
Of the law as interpreted by the
highest court of 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
him to be hanged on a charge of
assault The night after rhe de
termination of the Supreme. Court
to review the proceedings was wired
To Chattanooga. mob stormed the
Jail, took the prisoner out. and
lynched hlm-
he court was much inueHsed by
the Iynching. and at its instance the
Attorney General instituted pro-
ceedings against Sheriff Ship.
Jauer Gibson anu twenty-five 9th
ers 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 rehearing, which had the effect
of postponing action until this fall
On Nov. l, rehearing was denied
and the six men ordered before the
court for sentence today.
! In investigating the case, the Su
preme Court found that johnson
, was removed from Chattanooga Il
, | Nashville before his trial, because o
fear that he would be lynched. HI
: was brought back for legal execu
{ ton. When the Supreme Cour
= stayed the execution, the court ha
held, Ship made no effort and CAV