The Washington herald., 1909-11-16

Sheriff Joseph H. Ship. OF Memphis.
his deputy, jeremiah Gibson. and Luz
Their Williams, Nick Nolan, Henry Pad
gett, and William Mayes, four residents
Of that city, are in the District OF Co
lumbia Jail serving sentences for con-
tempt of the Supreme Court Of the United
States
Ship, williams, and Nolan were given
ninety days each. and Gibson. Padgett.
and Mayes. sixty days each, the two
officials because they failed 70 take meas
ures 70 prevent the Iynching OF Edward
johnson. a negro to whom a writ Of
error had been allowed by the court, and
the four others for participating in the
lynching
The scene in the court yesterday when
sentence was passed upon them was i'm
pressive. and almost without precedent
IN the history Of that body Only once
before has the court inflicted punishment
for contempt. That was IN 1869 when
John ChiIes, or Texas. was fined te5O for
disobeying an order by directing the
holders in England OF certain indemnity
bonds issued by Texas IN aid OF the Con-
/ federate cause not TO deliver them up
! 10 the state authorities for cancellation.
scene I'm Court.
Sheriff Ship and his FIVE companions.
: who had been under bail since the charge
was first made against them, more than
| two years ago. were I'm court.
/ solicitor General Bowers asked that
| sentence be pronounced.
Headed by the venerable sheriff, the
respondents marched to the space imme-
diatey in front Of the bench and stood
there while Chief Justice Fuller an
nounced the judgment Of the court.
Attorney clint. on behalf OF Williams.
/ came forward and asked that his client
| be sent 10 the Atlanta penitentiary in
\ stead Of the District jail. Williams
II health was none too good, he said, and
il would be better II he were confined
n in a milder climate Counsel for Ship
and Gibson. and for Nolan, Padgett and
NIayes made the same request. Attorney
Genera! Wickersham suggested that as
the Atlanta prison was used by the gov
ernment FOR the confinement OF long
term prisoners only, ~ was not as suit
able as the District Jail
Chief Justice Fuller took the matter
under consideration None Of them dis
played any emotion during the scene eX.
cept Padgett. who sobbed audibly wher
he heard his sentence.
Chief Justice Fuller closed the matter
by stating that the courts order direct
ing their sentences be served in the Dis
trict jail would stand for the Present
After the court adjourned for the daI
the attorneys for the prisoners. who haJ
- accompanied them 20 Jail. reported tina
they were satisfied and would withdraw
their motion
The sentences grew out OF the lynch
ing At Chattanooga, Tenn, on March ls
, 1906 Of Ed Johnson. negro. who Ia,
been sentenced 20 be hanged FOR hl
crime. After the Federal court in Ten
nessee had denied his application for re
{ lease on writ Of habeas corpus his cOunse
] | applied to Justice Harlan, whose Circui
includes that district for a writ OF erro
70 review the decision Of the lower court
e Notified of Writ.
, The writ was allowed by the court. an
Sheriff Ship. in whose custody johnson
was, and other State officials concerne
we're notified Of the fact. which place
the prisoner under the protection OF IN
}. Supreme Court The allowance OF IN
writ aroused considerable feeling IN Chat
tanooga, and the same evening mo
gathered. stormed the fail. took Johnso
n to the outskirts Of the city. and hange
: him from a railroad bridge, afterwar
1 Kidding his body with bullets.
4 The officials were alleged TO have take
b 70 precaution to protect their prisoner
.t and. in fact. to have at least aCquiesce
b in the lynching. The others were charge
with being members OF the mob.
Counsel for Charles W. MOrse-Marti
". Littleton-presented to the Suprem