[Chattanooga Times, 3/5/1906]
THE LAWYERS WORKED EVERY
POINT TO SAVE JOHNSON.
Condemned Negro Will Probably Be Brought Back From Nashville at
Once as All Danger of Violence Has Disappeared.
Details from Nashville of the method of procedure by Lawyers Hutchins and Parden in the presentation of the Ed Johnson case before the supreme court last week include the fact that the jury commission law figured prominently. It is not understood that the old claim of no negroes in the jury box was made, but it was charged that one man who sat on the grand jury was not drawn from the jury box.
It will be remembered that when Judge McReynolds called the grand jury together on Saturday following the commission of the crime at St. Elmo, there was one juror absent on account of sickness. A substitute was drawn at the time and the jury proceeded to act on the case. This action by Judge McReynolds is thought to be the basis of the claim made by Johnson's attorneys.
Reports from the supreme court on the procedure in the case are that Johnson's attorneys alleged that their client had not had a fair trial as guaranteed by the constitution. The court dismissed the petition because there was a lack in the record of a bill of exceptions and nothing in the record showed that the lower court was asked to grant a new trial.
The story of the action of the supreme court in this case, as published in The Chattanooga Times yesterday morning, was received here with many expressions of satisfaction. For the past week or ten days there has been a fear that the execution of Johnson would be delayed by the presenting of some technicality to the supreme court, but there is confidence now that the law will take its full course without interference by any authority.
Johnson will most likely be brought from Knoxville at once and kept in the jail here until the day set for the execution. There is not the slightest fear entertained now that any person or set of persons would interfere with the prisoner or with the authorities since there does not seem to be anything in the way of an execution on March 13.