Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-05-25
CONTEMPT OF THE UNITED
STATES SUPREME COURT
Will Be Punished Tuesday in Cases of Ten
nesseeans Who Conspired to Lynch
Negro, Whom Court Had Granted an
Appeal from Death Sentence.

that Williams and Nolan participated
in the lNnching while it was stated
that Padeett and May. themselves
made statements which incriininated
them.
In conclusion the chief justice said:
I'm our opinion it does not admit
Of question ON this record that this
!amrntHhlc riot was the direct result
of opposition to the administration of
tho law to be such. The supreme court
If the United States was called upon
to abdcate its decisions and decline
to entc" such orders as the OCCASION
in its Judgment demanded. because of
the danger of their defeat by an out
ircak Of IaWlcss violence. 1t is plain
that what created this mob and led to
this lynching was the unWillingnesS
of its members to submit to the delay
required for the appeal. The intent
to prevent that delay by defeating the
hearing of the appeal necessarily fol
lows from the defendants acts and if
the life of anyone in the custody of
the law is at the mercy of a mob the
! administration of justice becomes a
mockery. When this court granted a
| stay of execution on Johnson's appli-
| cation il became it's duty to protect
| him until his case should be disposed
of. And when its mandate issued for
| his protection was defied punishment
of those guilty of such attempt must
| he awarded
| In the dissenting opinion of Justice
| Peckham, which was occurred i'll by
Justices White and Mckenna, there
was also a complete review of the case
| ard in this opinion the conclusion ar
| rived at was quite contrary to that
| OF a moiority of the court 1t was
| held by the dissentors that there was
| no evidence whatever connecting Sher-
| if Shipp or his deputy with any part
| in the lynchng conspiracy. After de-
| failing all the circumstances leading
up to the lynching and telling of Mr..
I Ships going to the jail. Justice Peck
ham said;
THE sheriff was G3 years OF age at
this time and. on account of his physi-
! cal condition, unable in any event to
! have offered any great resistance.
| There were at least 10 or Is of the men
around him who were armed, and the
sequel proved that many more in the
crowd We're also armed. Others were
standing back looking on. Whether
| the sheriff might possibly have been
| quicker with his gun and taken it out
Of his picket and Shot some of them.
! is not certain. from the evidence, but
| the odds of even 10 or Is to one are
somewhat large, and that he did not
| kill, or attempt to kill. any of them is
no evidence whatever of completely
with these miScreantS and certainly
no evidence of contempt of this court.
! 1t seems to me most extraordinary that
| even an official under these circum-
stances can be found guilty of con-
| tempt because in fact he did not resist
to the death
Commenting on Sheriff Ships state
ment that he made no attempt to hurt
/ any of the lyncherS. Justice Peckhanl
! said that he could not have done any
thing if he had made the effort because
of the numbers against him. The eff
| fort he said Gould have resulted only
! in his being actually overwhelmed and
possibly killed. while the negro would
= not have been saved" He declared
+ that there was no one to whom the
T, sheriff could have appealed for aid. Mr..
| Peckham found no contempt in Shipp's
allegation that the intervention of the
supreme court in the case caused thu
lynching because he, himself, believed
that TO be true