Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1909-11-18
CONTEMPT OF SUPREME COURT
Captain Shipp Of Chattanooga,
Tenn, His Jailcr and Four
of Mob behind the Bars
for 90 and so Days.

inc hiSt tlnc, 100, the federal govern.
meht has placed men behind the bars as
an outcome of the lynchins of a negro.
Al the tnitcd Statos Jail in this city
Captain Joseph f. Ship, former sheriff
at Chattanooga. Tenn. jeremiah Gibson
his jailcr and Luther williams Mel,
Nolan. Henry Padgett and William Mayes
Of the same city, this afternoon began
to serve terms of Imprisonment imposed
a few hours before by the Supreme
Court Of the United States.
Ship ana Gibson rad been found guilty
Of failing to protect from a mob Ed
! Johnson, whose legal execution for rape
! had been stayed by the supreme Court
! uujN /, coNld review the case The
I others had been found guilty OF
! participation IN tho lynchlng of a federal
/ prisoner Ship, Williams and Nolan were
/ given sentences Of 20 days imprisonment
! each, while Gibson, Fadgett and Mayes
! each received 60 days.
Warden Mckee has in aueurated methods
Of punishment at jail as humanitarian
ne he various classes of prisoners Will
allow
! PLEASANT QUARTERS IN JAIL.
/ About Il year ago the warden had fitted
! m n larse store room on the fourth floor
| of the jail as emergency quarters for
| female prisoners. IT was in this he to-
! day locked the six prisoners
! In the room are beds for each of the
| prisoners, while at one end is a table
| upon which TRUSTEES" will set their meals
/ three times q day. a bath room adj
! Joining will be used by The prisoners
/ exclusively.
So pleasant did the prisoners find the
quarters that Captain shipp. sent his at
torneY. Major Gift. to the office of .he
supreme curt to withdraw 4 ~couest.
lie had made when sentence was !rnposed.
to lie sent to the federal prison at
Atlanta, Ca, instead of the Jail in this
city.
The court PROCEEDINGS We're practically
without precedent. IN 1875. John Chuos.
a business man Of Texas. Was brought
before the court for contempt IN con-
heruon with dealings in 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 to-day In it We're involved no
race question. no lynching. no intcrfer-
ence with state Jurisdiction: only the
majesty Of the law . interpreted by the
highest court Of the land.
HISTORY OF CONTEMPT CASE.
Tn" case to-day originated in the
courts decision in March. 1909. to
consider the appeal of johnson, from
n verdict of tie Tennessee courts
holding him guilty ana sentencing
MIN to be hanged on charge OF as
S'ult The night after the determine
ton Of the Supreme Court to review
the proceedings was wired TO Chatta-
nooga mob stormed the Jail took
the prisoner out, ana lynched him.
The court was mucl. .ncensed by the
lynching, and at its instance the at
torney general instituted proceedings
against Sheriff Ship. Jailer Gibson
and - others
In Investigating the case. the SUI
preme court found that johnson was
removed from Chattanooga to Nash
Vile before his trial because Of fear |
that he would be lynched lie was |
brought back for the legal execution !
When the supreme court stayed tho !
execution, the court has held. Ship |
made no effort and gave no orders to
have the deputies or others guard the !
jail, but left the night jaileY, Gibson.
there alone. THAT evening 4 white |
male prisoner was removed from the |
upper noor of the Jail. leaving only |
Johnson and white woman on that |
floor. Tie court pointed out that this !
same man had been removed in the !
Same way Mt THO time of the first at
tempt to lynch johnson. which had |
been frustrated by the removal Of the |
negro,
Ship lived only few blocks from !
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 an hour in the midst |
of or near the mob, the court held ne did |
not seek to obtain information so that he
could Identify any OF its members.
The court in finding Ship guilty COM
mcntcd on n published interview alleged
TO have been had with Shipp 1.-THE peo-
pie of Hamilton county were willing to
let the law take its course until IT became
known that the case would not proba-
by be disposed of for four or Ave years
ny the supreme Court of the United
States" 1T quoted Shipp as saying: but
the people would not submit to this. and
do not wonder at It,"
Chief Justice Fuller in pronouncing
shipp guilty said that this reference to
people" was significant. for he was
'andidatc for reelection ana had been
Told that his saving the prisoner from the
1rst attempt 10 mob him would cost him
MIS- place, and he had answered that he
Wished the mob had got him before hc
lid"
KNEW THE MOB WAS COMING.
Tho court held that Gibson must have
believed Il mob would attack the Jail the
liGht Johnson was lynched, but although
lc was in charge Of tho Jail more than
wo hours before its arrival. he made no q.
fort to summon assistance to repel the .
ttack. The testimony of Mrs. Baker, a .
white prisoner. to the effect that Glib
on told her before the mob arrived that :
was coming and for her to go to her
ell was referred to. .
Williams and Nolan participated In the
ynching, the court held upon the strength Z,
f direc, testimony to that effect. State
nonts made by Padgett and Mayes were
cld as evidence OF their guilt.