Then two Black lawyers take up the case. The Supreme Court is horrified at the gross miscarriage of justice, and issues a stay. But the mob, with the Sheriff's apparent approval, decides the legal process is just taking too long, and lynches the defendant.
Contempt of Court tells this story in great detail, bringing all of the characters to life. A fascinating history of the role racism played in the courts at the turn of the century.
But the heart of the book is what followed the lynching. Unlike most cases which were quickly forgotten, the Supreme Court itself instituted contempt charges against the Sheriff for failing to carry out its stay of execution. This is the one and only contempt proceeding ever tried in the Supreme Court itself. It also marked the first time the federal courts had ever sought to review a state court criminal proceeding--setting the stage for such well known rules as "Miranda" and the exclusionary rule.
I completely agree with the blurb on the book's cover. This volume belongs on the shelf next to Simple Justice and Gideon's Trumpet.
When Ed Johnson, a black man, was wrongly convicted in 1906 of rape and sentenced to death in Tennessee, Supreme Court Justice John Marshall Harlan issued a stay of execution, declaring that Johnson's right to a fair trial had been violated and that he had been railroaded through the criminal justice system. The interference of the Supreme Court was not well received back in Chattanooga. A violent mob answered this federal "interference" by dragging Johnson from his jail cell, beating him, and hanging him from a bridge. Local police did nothing to prevent the lynching, nor were any members of the mob arrested. For the first and only time in history, an enraged Supreme Court conducted a criminal trial to enforce its authority. It brought criminal contempt of court charges against the sheriff, his deputies, and members of the lynch mob.
The first book written about these highly charged events, Contempt of Court raises issues of federalism versus states' rights that are as timely today as they were ninety years ago. Johnson's case led to a precedent-setting criminal trial that is unique in the annals of American jurisprudence. Mark Curriden and Leroy Phillips's riveting tale will prove essential reading for all interested in understanding how American justice works.