Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-11-15
SH|PP EI Al 70 JAIL;
CONTEMPT Of COURT
TENNESSEE SHERIFF TO SERVE
NINETY DAYS FOR FAILING TO
PROTECT PRISONER.
PARTICIPANTS IN LYNcHlNe
ALSO TO GO TO JAIL
United States Supreme Court Deals
ienientIy With Men Who Refused to
Observe Its Mandates-case is un-
usual i'm Annals of Supreme Court
History of the Controversy.

History of the Controversy.
Washington, Nov. 15.-Nnety days
imprisonment was imposed today upon
Ex-Sheriff shipp, Of Chattanooga,
Tenn, by the supreme court of the I'm
tied States for contempt of court in
failing to prevent the lynching of a
negro, Ed johnson, convicted of GRIM
inal assault, but whose execution had
been stayed by the court. Williams and
Nolan We're sentenced to ninety days;
Gibson, Hadgett and Mayors to sixty
days, for contempt.
Chief Justice Fuller, who pronounced
the sentence, designated the United
States Jail in the District of Columbia
IS the place cf imprisonment. At.hr-
neys for the Prisoners asked that on
account of the difference in climate the
federal prison at Atlanta, Ca, be sub
stituted for the district JAIL To this At
torney General Wickersham objected,
saying the Atlanta prison was for long
term prisoners and the local Jail was
much more suited for the present pur-
pose The court took the request under
advisement and asked the marshal of
the court to retain the prisoners in his
custody for the time being.
Case is Unusual.
This was the second time in the
history of the supreme court of the
United States that that august body
had imposed a sentence upon citizens,
held guilty of disregarding its man
dates. The previous occasion was in
another generation.
Heading the little group of>six men.
found guilty of contempt. as they took
their places before the hackrobed jus
tices. was Captain. Joseph y Shipp. the
sheriff in Chattanooga, hen he
offended the court His straight
figure, his scanned face ansi -A-ilis gray
streaked beard, told of his losg service
in the army of the Corfederacy.
Bowed down under his &c years
Jeremiah Gibson. the jailer stood with
him. With bedimmed eyes he looked
upon the long white locks of the chief
justice himself rs years of age, who
would soon pronounce sentence upon
him, perhaps send him to prison. He
and Captain Shipp had been found
guilty of failing to protect negro,
waiting to be hanged on a charge of a
heinous crime against a white woman,
after the supreme court of the United
States had stayed his execution.
Luther Williams, Nick Nolan, Henry
Padgett and William Mayes, residents
Of Chattanooga, found guilty of partic-
ipation in the lynching of Ed Johnson
formed the rest of the group. Before
them all sat the officials of the depart
ment of justice. Around about them
in the little court room, We're their at
torneys and other lawyetrs, while the
| three rows Of seats for spectators were
crowded.
Participated in Lynching.
The proceedings were practically
without precedent In 1875 John
Chiles, a business man of Texas, was
brought before the court for contempt
in. connection with dealings in Texas
indemnity bonds, contrary to an order
of the supreme court. He was fined
$3.50. But that instance lacked the in
terest of the case today. In it were
| involved no race question, no lynching
no interference with state Jurisdiction
only the majesty of the law as inter
preted by the highest court Of the land
The case today originated in the
courts decision in March, 1906, to con-
slider the appeal of Johnson, from a
verdict of the Tennessee courts hold
ing him guilty and sentencing him to
be hanged on a charge of assault. The
night after the determination Of the
supreme court to review the proceed
ings was wired to Chattanooga, moi
stormed the Jail, 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 Shipp. Jailer Gibson an6
twenty-five others supposed to have
been implicated in the lynching, charg-
ing them with contempt. Many of the
accused were exonerated and in the
end only six were found guilty.
The finding of the court was an.
nounced in May, Just before the CLOSE
Of the last term of court. but all the
| defendants entered motions of rehear.
ing. which had the effect of postponins
action until this fall. On Nov. l. re.
hearing was denied and the six mer
ordered before the court for sentence
today.
Shipp Was Negligent.
/. In investigating the case. the SIT
preme court found that johnson wa:
removed from Chattanooga to Nash.
vile before his trial, because of feal
that he would be lynched. He wa.
brought back for the legal execution
! When the supreme court stayed tn,
execution, the court has held, Ship,
made no effort and gave no orders t,
have the deputies or others kuard tn,
jail, but left the night jailer, Gibson
there alone. That evening a white mall
prisoner was removed from the uppe
floor of the Jail, leaving only Johnso,
4 and white woman onNthat floor. TIL,
court pointed out that this same ma,
had been removed in the same wa,
at the time of the first attempt to lyncl
johnson, (which had been frustrated b,
the removal of the negro.
Il Ship lived only q ee% blocks e.e:.
the jail and when he was notified b,