The Birmingham age-herald., 1909-05-25

the slightest prepara-ion to resist the mob; the absence of all of the deputies except Gibson from the jail during the mobs proceedings, occupy period Of some hours In the early evenings; the ac- ton of Shipp in not resisting the mob, and not making any reasonable attempt to save Johnson or to identify ans ot the members of the mob, justify an in- ference of a disposition on his part to render it easy for the mob to lynch Johnson and to acquiesce in the lynch ing
 Sheriff Made No Effort.
 The chief justice declared that after Johnson was taken from the jail the sher- if had made no effort to go after the lynchers 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 police station and got the police. No attempt was nnlde to summon a posse. He sent no one after deputies He made no effort to send any one for help. Although Shipp was in the midst or near the members of the mob for about an hour he dld not seek to obtain information so tn
 could identify any of them and he testi- fies that he does not know any member of the mob.''
 INCdNAliS iiiS IOilGluSlOH WllI to Shipp the chief justice said 1t wa, that shipp not only made the work Of the mob easy, but in effect, aided and abetted it."
 The court found Jailer Gibson to be involved in the same condemnation though under less responsibility. Consequently attachments were ordered to be issued for both the sheriff and his deputy, the jailor, as they were for Williams, Nolan, Pad gett and May, the last four being charged
 with being members of the lynching
 party. Against these, to use the language of the court, the rule was made dbsd- lute." Deputy Galloway and the two men, Justice and Ward, were discharged The
 court said that there was direct testi- mony of the participation of Williams
 and Nolan in the lynching while 1t was stated that Padgett and May had them selves made statements which incrimn- ated them.
 Review of Case. Reviewing the proceedings in the case of Johnston, the negro who was lynched, the chief justice pointed out that even before the ca SC was brOu9l.t t to the supreme court, there had been many threats of lynchIns because of the serious character of the nagros cf- ferse. Continuing, hs ss.id os the pro- Ceeding on the night os the iynoliing "The assertion that violence was not expected and that there. was no oc- casion for providing more han the
 usual guard of one man for tile jail in Chattanooga are quite unreasonable and inconsistent with statements made by Sheriff Shipp and his deputies that l they were looking for mob On tn next day"
 The chief justice pointed ont tha. | the .ail had been left entirely un- guarded and in charge of Deputy Gii . son when every precaution to guard History of the Case. Chattanooga, May 5f.--Ahcrlt 7:,0 or | 8 o'clock on the nigat Of January 19.
 Miss Nevatia Taylor. the daughter of MT. and Mrs. William Taylor, who re- | sides near Oakhill cemetery n St. Elrno, was criminally assaulted by a negro. l The young woman was returning to her
 home from the city where sle was em- | plcyed.
 | few weeks later and tried in tn ecrim- gro. was arrested on strong circum- Nashville by sheriff Shipp for safe
 keeping, and two days later Miss Taylor went to that city. where she identified | him as her assat,ant.
 | Johnston was brought back here a | few ,,ceks later and triad In the crim- | inal court. He Was defended hy lhrce l of Chattanooga's best lawyers. and con | yitte and sentenced to be hanged | Jrdge s. D. McRe@nclds sentenced him | to Lang on March IT..
 After Johnston's trial, two local col