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Friday, April 26, 2024 | Back issues
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Monument seeks remembrance of lynching that led to Supreme Court’s only criminal trial

For individuals who for years told the story of the lynching of Ed Johnson on a bridge in Chattanooga, Tennessee, the memorial is yet another way to reckon with a 115-year-old instance of racial terror.

(CN) — As umbrella-holding onlookers watched, students removed the white cloths shrouding the three statues in Chattanooga, Tennessee, the centerpiece of a memorial designed to confront the reverberations of a lynching that occurred just steps away.

The new memorial sits next to one of the city’s most prominent landmarks: the pedestrian-only Walnut Street Bridge that spans the Tennessee River, a spot that attracts bicyclists, photographers and dog walkers.

But some of the city’s residents, such as LaFrederick Thirkill’s parents, have stayed away, seeing instead a dark history of the bridge with blue girders, seeing it as the ground where Black people were lynched.

Among the several hundred people at the dedication ceremony, Thirkill, a principal at a local school, had worked for more than two decades to tell the story of Ed Johnson, a Black man killed by a mob on a span of that bridge in 1906.

A singer performed “Strange Fruit,” the song popularized by Billie Holiday to protest the lynching of Black individuals, at the dedication of the monument. The statues depict Ed Johnson walking away from the site of his death, his two attorneys standing behind him. At some point, flowers were placed on the wet ground at the statues’ feet.

The monument dedication, Thirkill said, “was another step on a long journey” in the effort to make known the plight of Johnson.

The bridge, Thirkill said, now “can be a place that doesn't bring so much sadness. This memorial can be a place that brings some healing, for some, and some happiness for others, some vindication, finally some satisfaction that his name is being recognized in such a beautiful way.”

It is the latest monument in the South seeking to remember and confront a history of racial terror, which included about 4,743 lynchings from 1882 to 1968, according to the NAACP. But Ed Johnson’s case is different in one respect: The U.S. Supreme Court at the time tried to do something about it.

In February 1906, a Tennessee jury found Johnson, a laborer, guilty of the rape of a white woman despite 10 witnesses saying they saw him working at a saloon when the attack occurred. He was sentenced to death.

However, Johnson’s attorneys appealed. Not only were no Black residents allowed to sit on the jury, the threat of mob violence tainted the proceedings, the attorneys argued in federal court. Johnson was held outside Chattanooga over concerns a mob would storm the jail and lynch him before the trial and those fears of mob violence prevented his attorneys from making a series of motions during trial, such as asking to move the trial out of the city or to delay the proceedings.

When the federal circuit court denied Johnson’s writ of habeas corpus, his attorneys took his case to the U.S. Supreme Court where on March 19, 1906 Justice John Marhsall Harlan ordered a halt to Johnson’s case so the high court could consider his appeal.

The news zipped to Chattanooga through telegraph wires where the local papers reported the order.

In response, Sheriff Joseph Shipp withdrew his deputies from the jail before a mob broke in and dragged Johnson a few blocks away to a bridge spanning the Tennessee River.

“God bless you all, I am an innocent man,” Johnson reportedly told the mob before he was hung and shot.

Despite an order from the United States Supreme Court, Johnson was dead.

The Supreme Court, meanwhile, did something it had never done before and has never done since: It sought to hold Shipp, one of his deputies and some of the members of the mob in contempt of court.

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Shipp and the other defendants tried to argue the Supreme Court couldn’t hold them in contempt because Johnson did not have a right to appeal his state case to federal court. No jurisdiction, no contempt.

But Harlan said no. Jurisdiction was a question for the Supreme Court to answer:

“But even if the Circuit Court had no jurisdiction to entertain Johnson’s petition, and if this court had no jurisdiction of the appeal, this court, and this court alone, could decide that such was the law. It and it alone necessarily had jurisdiction to decide whether the case was properly before it,” Harlan wrote in a four-page decision.

And with that, the Supreme Court held its first criminal trial that ultimately found the sheriff in contempt of court.

In June 2001, a criminal court judge in Tennessee dismissed the charges against Johnson because his death before the sentence could be carried out caused the state court to no longer have jurisdiction over him.

“The Court observes that dismissal of the defendant’s case in these circumstances is not an adjudication of innocence,” Judge Douglas Meyer wrote. “Upon dismissal, however, the legal presumption of innocence applies to the defendant, though posthumously.”

Over the years, people in Chattanooga have learned of the story and sought to tell it.

Mark Curriden learned of Johnson’s story when, as a reporter for the Atlanta-Journal Constitution, he was speaking with attorney Leroy Phillips while the two were waiting in a Chattanooga courthouse as a jury deliberated at the end of a murder trial. The two would end up writing the 1999 book “Contempt of Court” about the 1906 lynching.

Not only did the case spark the Supreme Court’s first criminal trial, Johnson’s case was the first time a federal habeas petition was filed for a state criminal proceeding, Curriden said. It was also one of the first time that a Black attorney, Noah Parden, argued a cause before the Supreme Court.

Writing the book on MS-DOS, Curriden said the project, which they worked on in their spare time, was seen as stirring the pot on a story people wanted to forget.

“The book may have been the initial ignitor of the story, but they have so much more information on the case then we had back then ... we didn't even have a photo of Ed Johnson,” Curriden said.

Thirkill, the principal, also learned of the story for Phillips when the two met while cleaning the cemetery where Johnson is buried. When the Ed Johnson Project started and began documenting Johnson’s life, Thirkill was its co-chair. But before then, he wrote a play to bring the story to the stage and then started a memorial scholarship in Johnson’s memory.

The memorial, Thirkill said, is just another medium in which to remember.

"Unlike the book that many put aside or just like the play that closes at the end of its run, this memorial will stand forever and so they will remember his name,” Thirkill said.

Meanwhile Donivan Brown, chair of the Ed Johnson Project, said the group held dozens of community events over the years, showing the rough cut of a documentary and reaching thousands of Chattanooga residents as it built up support for a memorial.

“It’s about reclaiming that bridge,” Brown said, adding that the north side of Chattanooga was a historically Black neighborhood. The bridge was the path to the courtrooms and city hall.

Memorialization, Brown said, was a key step in the healing process in places such as Germany, Rwanda and South Africa.

But now that the statue is in place, a new kind of work has begun. Going beyond remembering Johnson, Brown said there is also a desire to make the city “fundamentally equitable.”

"It will be up a future generation, future generations, to take up this work in the way that we've taken up the work from other generations in the pursuit of justice and healing,” Brown said.

As for Thirkill, he plans to bring his father to see the memorial at the foot of the bridge.

Follow Daniel Jackson on Twitter

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Categories / Appeals, Civil Rights, National

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