New-York tribune., 1909-05-25
LYNCHING DEFI4NCE OF
ITS MANDATE.
Sheriff Shipp, His Deputy and Fouh
Others Found GmIty-To Be
Sentenced on June I.

number of defendants.
The proceeding will take place in connection
with the cases of Sheriff SIdpp and Deputy
Sheriff Gibson, Of Hamilton County Tenn and
four other residents of that county named
Williams. Nolan, Padgett and May These men
were declared by the court to-day to be guilty
of contempt in combining in 1905 in a conspir-
acy to lynch negro named Johnson. who was
sentenced to death by the local courts on ths
charge Of assault. and in whose case the Su-
preme Court interfered by granting an appeal.
which had the effect Of a supersedeas. On the
night following the announcement of the courts
action Johnson taken out of the jail in
Chattanooga by mob and Iypched. There was
no resistance on the part of the jail officials.
and proceedings were taken against Shipp and
number Of his deputies. as well about
twenty citizens. on the charge OF contempt OF
the federal court
The case has been pending ever since. and the
number of defendants was from time to time
reduced 70 nine. OF these nine three were to-
day found guiltleSs. while the other six
ordered To ne brought into court next Tuesday
for sentence. They Will be taken into custody
Immediately. and will appear in court IN charge
of Marshal Wright. The sentence may be hne
OF imprisonment, or both.
The case is regarded as of exceptional impor-
tanCe because it is practically the first time that
the highest court in the United states has
undertaken to assert its dignity TO resent
acts words rejecting il. Several years
ago a defendant was fined for some expression
of contempt but the case vas 50 comparatively
insignificant as TO leave the present proceeding
practically standing alone.
In the cases Of Sheriff Shipp and Deputy
Sheriff Gibson the court in effect declares that
there rlay be contempt IN A failure Of officers Of
the law 10 prevent crime in contempt Of the
court. and in taking cognizance of an offence at
so great distance the court for the hrst time
asserts hy action its right to compel the proper
respect for and treatment of its verdicts in all
parts of the Union
CHIEF JUSTICE FULLER'S OPINION
Reviewing the proceedings in the case OF
Johnson the negro who was lyn6hed. Chief Jus
tce Fuller pointed out that even before the
case was brought to the Supreme Court there
had been many threats of Iynchins because OF
the serious character OF the negro's offence
Continuing, he said Of the proceeding on the
night Of the lynChlng:
The assertions that mob violence was not ex-
peCted and that there no occasion for pro-
viding than the usual guard of one man
for the Jail in Chattanooga are quite unreasona-
bic and inconsistent with statements made BY
Sheriff Shipp and his deputies that they vera
looking for a mob on the next day
The Chief Justice pointed out that the jal
had been left entirely Unguarded and in eharss
prisoner should have been taken He quoted
Hbera!lv from an interview given out by Ship
some days after the lynching. in which Ship
said he did not attempt TO hurt any Of tn
mob" and charged the Supreme Court with the
responsibility for the lynching because "f rs
interference Commenting on this utterance'
the Chief Justice said:
He evidently resented the necessary order OF
this an alien intrusion ana ii uecIsiLeu
~iaSr Dr1SIb
According him, the people OF Hanlltoh
County were willing 70 let the law take It's
course until il became known that the case
would not probably be disposed oI Tor Iouf OF
Eve wears bv the Supreme Court OF the United
states, out, ne auuSu' tLl0 P0GP-O
submit 10 this. and I do not wonder at IL
In other words. his view was tlaJ because
this court in the discharge OF It's uuJy
entered the order which 1t did. therefore tne
people of Hamilton County would not suDnlL
To its mandate. and hence the court became re-
sponsible for the mob. He took the view sx-
pressed by several members Of the mob on the
afternoon Of the 10Th and before the lynching.
when they said. referring TO the supreme Court.
"thev had no business interfering With or
business at all" His reference To the people
was significant for he was a candidate iOr re-
election and had been told that his saving the
prisoner from the hrst attempt Z, n.'o . I.,l.
would cost him his place. and he had answered
that he wished the mob had got hiIs before ne
did
1t seems to us that 20 say the Sheriff and
his deputies did not anticipate that the moo
would attmept 10 lynch Johnson ON the
night of the 18th is 10 charge them with gross
neglect of duty and with an ignorance OF con-
ditions in matter which vitally concerned
them all as officers and is directly contrary 70
their own testimony 1t IS absurd 10 contend
that officers of the law who have been through
the experiences these defendants had passed
through months prior To the actual lynch
ing did know that lynching probably
would be attempted the 10Th
Under the facts shown when the Sheriff and
his deputies assert that they expected mob
on the goth. they practically cOncede the allega-
tion on the information. and that they were in
formed and had every reason 70 believe an at-
tempt would be made on the evening or tne
18th or early the morning Of the goth
In view of this Ships failure 70 make the
slightest preparation To resist the mob. the an
sence of all OF the deputies except Gibson. rom
the Jail during the mOb's proceeding. occupying
a period OF hours in the early eNen1ns
and his failure to make any reasonable eIIoit
to save Johnson or identify the members OF tne
mob Justify the inference of q disposition upon
his part TO render il easy for the mob 10 iyhch
Johnson and to acquiesce in the lynching
BLAME PLACED ON SHERIFF
The Chief Justice also declared that after
Johnson was taken from the Jail the Sheriff had
made no effort to go after the iynchers or TO
reach the police or militia or others
when he said. "Shipp reached the jail he
could have gone about three blocks TO the po-
lice station and got the police No attempt was
made to summon a posse. He sent no one after
deputies He made no effort TO send any one
for beIp. Although Shipp was in the midst or
near the members of the mob for about an hour
he did not seek to obtain information that
he could identify any OF them. and he testihes
that he does not know any member Of the mob
Reaching his conclusion with reference TO
shipp. the Chief Justice said it was that ship
not Only made the work Of the mob easy, but IN
effect aided and abetted it
The court found Gibson TO be involved III the