Assistant Attorney General Terry Sanford presented the prosecution's case. His first witness was J. L. Chivington， a reporter for the Chattanooga Times， who had witnessed and written about Johnson's lynching. Chivington testified that "there were normally six or seven deputies on guard every night" at the jail——except the night of March 19. Edward Chaddick， manager of the Western union telegram office， testified that he had hand-delivered to Sheriff Shipp a telegram from the United States Supreme Court on the afternoon of the lynching. Ellen Baker provided the most riveting testimony of the trial's first day. Baker testified that all the other third-floor prisoners were removed to lower floors on the afternoon of the lynching， leaving just her and Johnson on the third-floor. Baker said that she began crying and shouting as the mob made its way through the jail. Deputy Gibson "told me to hush hollering， there warn't nobody going to hurt me，" Baker added. About the same time， a man poked his gun through the bars to her cell： "It scared me——I quit hollering."

　　A key witness for the prosecution was a John Stonecipher， a Georgia contractor who had talked with some leaders of the mob at a saloon just hours before the lynching. According to Stonecipher， a man named Frank Ward said to him as he stood on a curb waiting for a car to go home， "We want you to help us lynch that damn nigger tonight." Stonecipher replied with the suggestion， "I believe Sheriff Shipp would shoot the red-hot stuff out of you." "No，" answered Ward， "it is all agreed. There won't be a sheriff or deputy there." Stonecipher also testified concerning conversations after the lynching with defendants Ward， Henry Padgett， Alf Handman， and Willian Mayes. According to Stonecipher， Ward complained to him， "You are the first damn man from Georgia ever I saw that didn't have nerve enough to kill a nigger." After offering his testimony， Stonecipher received an anonymous letter from "The Lynchers" threatening to blow up his house with dynamite.

　　After the government produced thirty-one witnesses over five days， Commissioner Maher then recessed the trial until June. When the trial resumed， Terry Sanford called to the stand a Chattanooga justice of the peace， A. J. Ware. Ware had been told by some black youths that a lynching was taking place. He followed the lynch mob to the Walnut Street Bridge. Asked by Sanford who he saw adjust the noose around Ed Johnson's neck， Ware replied， "Nick Nolan." Sanford asked Ware who shot Johnson after he was pulled back up on the bridge. "I believe it was Luther Williams，" Ware answered. "He fired five shots into Johnson's body."

　　On Saturday， June 15， the defense began to present its case. Friends， relatives， and co-workers took to the stand to offer alibis or attest to the high moral character of various of the defendants. Some of the defendants themselves also testified. Bart Justice said he spent the night of Johnson's lynching at home in bed——and his wife and daughter backed his claim up. Only one defendant， Luther Williams， admitted being present at the lynching. He claimed to have been only a spectator. Other witnesses challenged the credibility of prosecution witnesses. Jailer Jeremiah Gibson denied having told inmate Ellen Baker that the thought a mob would be coming that night.

　　Sheriff Joseph Shipp was the last witness called by the defense. Shipp testified： "I never conspired with any living man， my deputies or anyone else； and I had no knowledge， not the slightest， that there would be any effort on my part or anybody to interfere with Johnson." Shipp claimed to have "run most of the way and walked rapidly the balance of the way" to the jail as soon as he learned that a lynching was in progress. At the jail， Shipp told the court， "I was seized from behind by several men." They "stood over me with a guard" as the mob leaders continued "the progress of the work." On cross-examination， Shipp claimed not to have recognized any of the mob members at the jail， even though he was held there——without blindfolds——for thirty minutes. Asked why he didn't pull his gun to stop the lynching， Shipp replied， "I had no adequate force， and knew that the pulling of a gun would be useless."

　　On June 29， the defense rested. In March of 1909， the trial moved to the Supreme Court in Washington， where both sides would have the opportunity to present closing arguments. Attorney General Charles Bonaparte told the Court that he believed the issues involved in the Shipp case to be so important that he decided to deliver the final argument himself. In his six-hour summation， Bonaparte reviewed the evidence of the trial and made the case for a guilty verdict. Bonaparte told the justices that "Justice is at an end when orders of the highest and most powerful court in the land are set at naught." Judson Harmon presented the closing argument for Sheriff Shipp the following day. Hudson conceded that is client did not， in retrospect， handle the situation properly： "It is possible that Captain Shipp acted with poor judgment on the night of the lynching. It is easy to see that he should have guarded the jail and prepared for a mob." But certainly， Harmon argued， "Captain Shipp cannot be convicted of contempt by this Court simply because， in the performance of his duties， he exercised bad judgment." He concluded by urging "this highest and greatest court in the world" to find Shipp， this "truthful， law-abiding， honorable gentleman，" "Not Guilty." After listening to brief arguments from lawyers for the other defendants， the Court adjourned to consider its verdict.

　　On Monday， May 24， 1909， the Supreme Court met to announce its decision in the matter of United States v. Shipp. In his quiet voice， Chief Justice Fuller read his opinion. Fuller said that Sheriff Shipp "resented the necessary order of this court as an alien intrusion" and believed it to be "responsible for the lynching." The Court concluded otherwise： "Shipp not only made the work of the mob easy， but in effect aided and abetted it." Shipp was found guilty of criminal contempt. The Court also declared jailer Jeremiah Gibson and four members of the lynch mob——Nick Nolan， William Mayes， Henry Padgett， and Luther Williams guilty. Evidence was found insufficient to convict Deputy Matthew Galloway and two members of the lynch mob. Justices Holmes， Harlan， Brewer， and Day joined Chief Justice Fuller's decision. Three dissenting justices voted to acquit all defendants.

　　On November 15， 1909， Sheriff Shipp and the other convicted defendants stood before the nine justices of the Supreme Court to receive their sentences. Justice Fuller announced：

　　You， Sheriff Joseph F. Shipp， Jeremiah Gibson， Luther Williams， Nick Nolan， Henry Padgett， and William Mayes， are before this court on an attachment for contempt. You have been found guilty.

　　Sheriff Shipp， Luther Williams， and Nick Nolan are hereby sentenced to ninety days imprisonment. Jeremiah Gibson， Henry Padgett， and William Mayes are hereby sentenced to sixty days. All sentences are to be served at the United States Jail in the District of Columbia.

　　This Court is adjourned.

　　Writing in the Atlanta Independent， Noah Parden praised the Court's decision： "The very rule of law upon which this country was founded and on which the future of this nation rests has been enforced with the might of our highest tribunal."On January 30， 1910， after completing his three-month sentence， Sheriff Shipp returned to Chattanooga， where he received a hero's welcome. As he stepped off the train from Washington， he was greeted by a crowd of more than 10，000 people singing "Dixie."