Omaha daily bee., 1909-11-16
FIRST CASE OF KIND ON RECORD
Also First Instance Where Lynching
is Before Court.
HISTORY OF THE INCIDENT
Negro Who Was Sentenced to Hang
Appealed 20 Supreme Court and
Was Lynched--Sheriff
Winked at Mob.

WASHINGTON, Nov 15.-For the first
time In American history six men are in
prison tonight for contempt Of the supreme
court OF the United States. For the first
time, too. the federal government has
placed men behind the bars as the out
come Of the lynching of a negro.
At the United States Jail in this city
Captain Joseph F. shipp. former sheriff at
Chattanooga, Tenn. jeremiah, Gibson, his
jailer, and Luther Williams, Nick Nolan,
Henry Padgetti 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.
Shipp and Gibson had been found guilty
Nof falling to protect from mob Ed John
, son, whose legal execution for assault had
been stayed by the supreme court until it
could review the case. Others had been
found guilty of participation in the lynch
ing of a federal prisoner. shipp, Williams
and Nolan were given sentences of ninety
days imprisonment each, while Gibson,
Padgett and Mayes each received sixty
days.
Chief Justice Fuller, who pronounced the
sentence, designated the United States
Jail in the District of Columbia as the
place OF Imprisonment Attorneys for the
prisoners before the bar asked, on account
Of the difference In climate, that the fed
eral prison at Atlanta, Ga, be substituted
for the District Jail
To this Attorney General Wickersham
objected saying that the Atlanta prison
was for long-term prisoners and that the
local jan was much more suited for the
present purpose
The court took the request under ad'
visement and asked the marshal of the
court to retain the prisoners in his Gus
tody for the time being.
tody for the time being. Later the at
torney for the accused men withdrew tho
request he had made for the removal OF
prisoners TO Atlanta and they were taker
to jail.
Two Prisoners Old Men.
Heading the little group of six men found
guilty Of contempt as they took their places
before the black-robed justices was Captaii
Joseph Joseph H. shipp, the sheriff il
Chattanooga, Tenn, when he offended tn,
court. His tall, straight figure, his seame,
face and his gray-streaked beard told o
his long service in the army of tbs con
federacy.
Bowed down under his 70 years jeremiah
Gibson, the jailer, stood with him. Wit
bedlmmed eyes he looked upon the lonl
white locks OF the chief justice himself Z
years Of age, who would soon pronounc
sentence upon him, perhaps send him I
prison. He and Captain shipp had bee
found guilty Of failing to protect a negro
waiting to be hanged a charge OF
heinous crime against a white woman
after the supreme court Of the Unite
States had stayed his execution.
Luther Williams, Nick Nolan, Henr
.@Padgett and William Mayes. residents
VchRttanooga, found guilty OF participate
In the lynching OF Ed Johnson, formed Ii
rest Of the group. Before them all 81
the officials of the Department Of Justie
Around about them in the little court roo
n were their attorneys and other lawyer
' while the three rows of seats for spe,
tators were crowded.
Only One similar Case.
The proceedings were practically withol
precedent. In 1875 John Chiles. a busine
man OF Texas, was brought before Il
court Tor contempt In connection with dea
ings in Texas Indemnity bonds, contral
q TO an order OF the supreme court. He W,
fined $3.50. But that instance lacked Il
interest OF the case today. In it we
involved no raoe question, no lynchins,
interferenos with state Jurisdiction, on
the majesty Of the law as interpreted
the highest court OF the land.
The case today originated In the court
decision In March, 1906. to consider Il
appeal OF Johnson, from a verdict of Il
Tennessee courts holding him guilty al
sentencing him 10 De hanged on char
OF assault. The night after the determln
ton OF the supreme court to review L
proceedings was wired to Chattanooga,
mob stormed the jail, took the prison
out and lynohed him.
The court was much incensed by Z
lynohing and at its instance the attorn
general instituted proceedings again
Sheriff shipp, Jailer Gibson and twent
five others supposed to have been imp
Gated In the lynching. charging them wi
contempt Many OF the accused were exc
Grated and IN the end only six were fou
guilty.
The finding Of the court was announc
in May, just before the close Of the ID
term OF court. but all the defendants {
tered motions OF rehearing. which had {
ID effect OF postponing action until this IA
NOn November l rehearing was denied o
the six men were ordered before the cot
Cor sentence today.
\ NO Effort 20 save Negro.
In Investigating the case the suprei
count found that johnson was remoy
from Chattanooga TO Nashville before
trial because OF fear that he would
lyEched. He WAS brought back for I
legal execution. When the supreme co,
stayed me execution the court has he
6hipp made No effort and gave no ord,
20 nave the deputies or others guard /
jai-, but left tbs night jaler there alol
mas nlsht q white male prisoner "
icmovtc uoni TIE upper floor OF the /.
leat.us oaly so.nson ard a white won
da u... lo1r 4he court pointed out Il
n.A s-...e man had been removed IN
sa...-~ a. ~ tno tlsne Of the first atten
10 ls-Cn 1onnson, which had been fr
trat,u ~ 14v removal OF the negro
.Ae oo~it ln finding Shipp guhty cC
naa on a published Interview allie