The Birmingham age-herald., 1909-11-02
SHERIFF SHIP ID BE SENTENCED ON NOVEMBER 15 An Unusual Proceeding In the
 United States Supreme SECOND INSTANCE IN
 HISTORY OF THE COURT Sheriff Shipp and Five Others Are Charged With Contempt in AL lowing Negro To Be Lynched
 at Chattanooga.

WaSnlngton, NOVemDer line unusual proceeding of an arraignment for sen tence at the bar of the supreme court of the United States will be witnessed two weeks from today in accordance with an announcement made today In the cases of Joseph H. Shipp of Chattanooga, Tenn, and five co-defendants, charged with con tempt. The court today denied motions for re-hearing of the cases.
 The cases originated in the court de- ciding in March, 1906, to consider the ap- peal of a negro named Ed Johnson from a verdict of the Tennessee courts, hold ing him guilty and sentencing him to be hanged on a charge of criminal assault. The night after the determination of the supreme court to review the proceedings in the case was wired to Chattanooga, where Johnson was confined in jail, number of people stormed the jail and took him out and lynched him.
 Court lncensed.
 The court was much incensed over the lynching, and at it's instance the Attor- ney General instituted proceedings against Shipp. who was the sheriff, and, the jaier and % others, supposed to have been i'm plicated in the lynching, charging them with contempt of the supreme court Many of the accused were exonerated and in the end only six were found guilty. These were Sheriff Shipp his deputy, Jer- emiah Gibson who was the jailer; Luther Williams, Nick Nolan. Henry Padget and William Mayer, residents of Chatta- nooga.
 The finding of the court was announced in May, just before the close of the last term of the court. but all the defend- which had the effect of postponing action until the present term.
 The court today through Chief Justice Fuller announced its denial of the mo- tions, the chief justice stating at the same time the decision to have the de- fendants appear on November 15 to re- ceive sentence.
 It will be the duty of Marshal Wright to present the men in the court. but he said today that he expected all of them to appear to hear the courts verdict, which would relieve him of the necessity of going to Chattanooga after them.
 Fine or Imprisonment.
 The court has the discretion to either fine or imprison the men or to inf1ict both penalties, and no intimation has been given as to what course may be pur- sued. It is only known that from the beginning of the proceeding the court has appeared exceptionally interested in the case. and is believed to feel that an ex- ample must be made to prevent other indignites to the court,
 It is recalled, however, that several of the members of the court among whom was the late Justice Peckham, dissented from the verdict of the majority, which may have the effect of lessening the se- verity of the sentence.
 The only instance of a sentence for contempt in the courts history occurred in 1875, when one John Chiles, who was concerned in dealings in Texas indemnity bonds contrary to an order of the court. was ordered to pay fine of s25o for contempt. This time there will be six men instead of one, and the proceedings will therefore, be unprecedented as re- gards numbers.
 All the defendants assert innocence Shipp and Gibson declare there was no advance indication of, violence to John- son and say that otherwise they would have taken better precaution Most of the other men implicated claim not to have been present when the negro was killed by the mob.