The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-11-18
SUPREME TRIBUNAL SENTENCES
SHERIFF WHO FAILED TO
GUARD PRISONER.
HAS ONLY ONE PRECEDENT.
Mob Seized Convicted Man While an APP
peal Was Pending Before Wash
ington Body.
THE CASE is AN UNUSUAL ONE.

WASHINGTON, y. c.. Nov. 10
Ninety days imprisonment was imposed
today upon EX-Sherih Joseph +. Shlpp
of Chattanooga, Tenn, by the supreme
court OF the United States for contempt
Of court in failing to prevent the lynch
ing of negro, Ed Johnson, who was
convicted of rape, but whose execution
had been stayed by the court.
Luther Williams and Nick Nolan We're
sentenced TO imprisonment for ninety
days for connection with the lynching.
jeremiah Gibson, the jailor, Henry Fad
gett and William Mayors, ali or Chat-
tanOOga, were sentenced to sixty days.
Chief Justice Fuller, who pronounced
the sentence, designated the United
States jail in the District of Columbia
as the place of Imprisonment.
Attorney for the prisoners before the
bar asked that on account of the diff
ference Ia climate, the federal prison AT
Atla-ta, TIA, be substituted for the dis
trict Jail. To this Attorney General
Wickersham objected, saying that At
lanta prison was for long term prisoners
and that the local Jail was much more
suited for the present purpose,
The court took the request under advise
ment and asked the marshal OF the court
to retain the prisoners in his custody
Tor the time beIHS'
Second Case of It's Kind.
This was the second time in the his
tory of the supreme court of the United
States that that august BODY had I'M,
posed Il sentence upon citizens held
guilty of disregarding its mandates. 1Ae
previous occasion was i'll another gener-
ntion.
The case originated in the courts de-
cision in March. 1906, to consider the
appeal of Johnson, from verdict OF the
Tennessee courts holding hun guilty ana
sentencing him to be hanged on charge
of assault The night after the deter
mination Of the supreme court TO re-
view the proceedings was wired to Chat-
tanooga, mob stormcd the jan, TOOK the
prisoner out, and lynched him.
The court was much incensed by the
lynching. and at its instance the at
torney general instituted proceedings
against Sheriff Ship, Jailer Gibson ana
twenty-five others supposed TO nave peeu
implicated in the lyuching, charging them
with contempt. Many of the accused
were exonerated, and in the end only SIN
were found guilty.
The finding of the court was an
pounced in May, just before the close OF
the last term of court, but all the de-
PENDANTS entered motions of rehearlns
which had the effect OF postponine
action until this fall On November |,
rehearing was denied and the SIX men
ordered before the court for sentence
today.
Left Jail Unguarded.
In investigating the case, the supreme
court found that Johnson was removed
from Chattanooga to Nashville before
his trial, because Of fear that he would
be lynched. He was brought back fol-
the legal execution. When the supreme
court stayed the execution, the court
has held, Ship made no effort anc
gave no orders To have the deputies OF
others guard the jail, but left the night
miller, Gibson there alone. That even
ing white male prisoner was removed
from the upper floor of the jail, leav
ing only Johnson and white woman
ON that floor The court pointed GU
that this same man had been removed
in the same way ut the time Of the frs
attempt to lynch Johnson, which haC
been frustrated by the removal of tn
negro.
Ship lived only a few blocks from TIL
iail and when he was notified by tn
| trial Judge and the prosecuting attorne,
that Il mob was mt the jail, went Their
alone. Although for an hour in tn
midst Of or near the mob, the court hell
he did not seek to obtain information s.
that he could identify any Of its mem