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Contempt of Court: The Turn-of-the-Century Lynching That Launched a Hundred Years of Federalism
 
 
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Contempt of Court: The Turn-of-the-Century Lynching That Launched a Hundred Years of Federalism [Paperback]

Mark Curriden (Author), Leroy Phillips (Author)
4.9 out of 5 stars  See all reviews (27 customer reviews)

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Book Description

February 20, 2001
In this profound and fascinating book, the authors revisit an overlooked Supreme Court decision that changed forever how justice is carried out in the United States.
In 1906, Ed Johnson was the innocnet black man found guilty of the brutal rape of Nevada Taylor, a white woman, and sentenced to die in Chattanooga, Tennessee. Two black lawyers, not even part of the original defense, appealed to the Supreme Court for a stay of execution, and the stay, incredibly, was granted. Frenzied with rage at the deision, locals responded by lynching Johnson, and what ensued was a breathtaking whirlwind of groundbreaking legal action whose import, Thurgood Marshall would claim, "has never been fully explained." Provocative, thorough, and gripping, Contempt of Court is a long-overdue look at events that clearly depict the peculiar and tenuous relationship between justice and the law.


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Editorial Reviews

Amazon.com Review

Prior to 1906, the U.S. Supreme Court had never tried a criminal case--and the high court had yet to assert its power over state criminal courts. That was all to change after the events of a cold January night earlier that year in Chattanooga, Tennessee. Blond, beautiful, 21-year-old Nevada Taylor had hopped on one of Chattanooga's new electric trolleys after work. Before she could reach home, the young woman was waylaid and raped by an unknown assailant. At first Taylor couldn't describe her attacker to town sheriff Joseph Shipp, as she hadn't seen the man clearly, but she soon became convinced he was "a Negro with a soft, kind voice." In just 17 days, a drifter dubbed a "Negro fiend" by the Chattanooga News had been hastily arrested, tried, convicted, and sentenced to hang.

Two idealistic black lawyers intervened, filing appeals to the state and ultimately the U.S. Supreme Court, citing the numerous rights denied the most-likely innocent Ed Johnson. (One of the attorneys said of the suspect, "But for the will of God, that is me.") The high court agreed to hear the appeal, staying the Tennessee execution. But back in Chattanooga, the politically minded Sheriff Shipp looked the other way as a bloodthirsty crowd of hundreds broke Johnson out of jail, beat him brutally, and lynched him on the county bridge.

Mark Curriden, a legal writer for the Dallas Morning News, and Leroy Phillips, a Chattanooga trial attorney, have painstakingly researched and vividly recounted the events of this oft-overlooked but significant episode in America's legal history, from the details of the original crime to the eventual federal conviction of Shipp and members of the lynch mob for contempt. A superb combination of journalistic storytelling and academic rigor. --Paul Hughes --This text refers to an out of print or unavailable edition of this title.

From Publishers Weekly

A little-known chapter in American legal history gets expert, well-deserved treatment by Curriden, legal affairs writer for the Dallas Morning News, and Phillips, a Tennessee trial attorney. The exciting narrative concerns the legal and social aftermath of the 1906 trial of Ed Johnson, a black man, for the rape of Nevada Taylor, a white woman, in Tennessee. Intimidated by threats of social unrest, the local court and law enforcement officers railroaded Johnson through an unjust trial and sentenced him to death by hanging. After Johnson's conviction, a team of local lawyers rushed to the Supreme Court for an appeal and stay of execution. In a little-used proceeding that allows for an interim decision by just one of the justices, Noah Parden, a black attorney, made the argument to Justice John Marshall Harlan and won the stay. But the local Chattanooga population became so enraged by what they saw as federal interference in local affairs that, with the assistance of the local sheriff, they stormed the jailhouse and lynched Johnson. The Supreme Court then held its first criminal trial, with the justices sitting as jurors in the case against the lynchers. The book succeeds on two levels: as an analysis of a legal precedent that paved the way for the Supreme Court, many years later, to find that the Bill of Rights applied to the states; and as a dramatic story, written with novelistic flair, of a few brave individuals who refused to be cowed by mob rule. 20 pages b&w photos not seen by PW. (Sept.)
Copyright 1999 Reed Business Information, Inc. --This text refers to an out of print or unavailable edition of this title.

Product Details

  • Paperback: 432 pages
  • Publisher: Anchor (February 20, 2001)
  • Language: English
  • ISBN-10: 0385720823
  • ISBN-13: 978-0385720823
  • Product Dimensions: 5.2 x 0.9 x 7.9 inches
  • Shipping Weight: 15.2 ounces (View shipping rates and policies)
  • Average Customer Review: 4.9 out of 5 stars  See all reviews (27 customer reviews)
  • Amazon Best Sellers Rank: #93,178 in Books (See Top 100 in Books)

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19 of 20 people found the following review helpful:
5.0 out of 5 stars Breathing Life Into Legal History, December 12, 1999
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Contempt of Court presents a history of a long-ago legal proceeding, an important one now nearly forgotten. Curriden and Phillips keep it engaging from start to finish. They've done a wonderful job of recreating the passions and pressures of a southern city in the Jim Crow era. Readers get more than an understanding of the law. They get to know the people who participated in a landmark case -- from Noah Parden, a black lawyer who battled overwhelming odds to take a poor man's case to the Supreme Court, to Sheriff Joseph Schipp, who let a lynch mob subvert the rule of law. The book offers many well-drawn scenes, such as the crime against Nevada Taylor, Parden's audience with Justice John Marshall Harlan and the lynching itself. All are sketched in great detail. And there's the jail-house prayer service the African-American community held for Ed Johnson, an innocent man, who facing death, found dignity and faith in God. Contempt of Court proves that American law isn't only about legal arguments. It's also abou living, breathing human beings, with their capacities for heroism and evil.
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15 of 17 people found the following review helpful:
5.0 out of 5 stars A fascinating glimpse into one of the US darkest chapters, December 25, 1999
Contempt of Court shines light into one of darkest chapters of America's race relations. Curriden and Phillips deserves high kudos for uncovering the sad story of Ed Johnson and revealing its significance to modern race relations. Like all good history writing Curriden and Phillips make us care about their characters. Set in the late Southern Reconstruction period in Chattanooga, Tennessee. Contempt of Court covers quite of a bit of intellectual territory without being over bearing, including: early 20th century Southern race relations, Supreme Court process, the terror of mob lynching and the impact of journalism of that era. I would highly recommend Contempt of Court to anyone who has an interest in American history. In retrospect, I can't think of a legal case that has had more impact on today's legal system than the trial of Ed Johnson. This case provides the precedent for modern Federalism and the concept that the protection of minority rights supersedes state rights. After finishing Contempt of Court I am left to wonder about how many other important stories from this tragic era are left untold.
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17 of 20 people found the following review helpful:
5.0 out of 5 stars Fascinating, January 21, 2000
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I cannot believe I made it through a liberal arts education and law school without knowing about this story. That this is such a recent part of our history is sad and amazing. I look forward to someone making a movie out of this well-written book so that the masses will be exposed to it. This book should be read by anyone who has the slightest interest in our legal system.
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Inside This Book (learn more)
First Sentence:
ON MARCH 17, 1906, Noah Walter Parden stood at the steps of the U.S. Capitol in Washington, D.C. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
lynching attempt, state criminal cases, county bridge, alibi witnesses, mob gathering, federal constitutional rights, contempt charges, honorable court
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Sheriff Shipp, United States, Hamilton County, Miss Taylor, Nevada Taylor, Judge Clark, Lewis Shepherd, Noah Parden, Chief Justice Fuller, Will Hixson, Chattanooga News, Secret Service, Justice Department, Last Chance Saloon, Chattanooga Times, Judge Shepherd, Captain Shipp, Circuit Court, Civil War, District Attorney Whitaker, Jeremiah Gibson, Styles Hutchins, Nick Nolan, Fourteenth Amendment, Lookout Mountain
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