The Birmingham age-herald., 1902-06-20
JUDGE N, }, DENSON REQUESTED PAROLE. Writes Letter to Governor About
 EImore Lynching Case JOHN THOMAS RESPONSIBLE His Exaggerated Account of His Trouble With the Negro Led the
 Men to Commit the Crime.
 Ends of Justice Met.
JOHN THOMAS RESPONSIBLE

Montgomery, June 19.-(Special. )-Fol- lowing is a copy of the letter written by Judge Denson, asking that the three men convicted of participating in the lynch ing of Robin White In Emore County, be pardoned. On the strength of this and others Governor JelSs paroled the pris- oners
 Montgomery, Ala, June T. 1902. Governor w. D. Jelks
 Dear Sir: The case of John Thomas vs. The State, appealed from Elmore Circuit Court, I note has been affirmed and therefore can no longer be occasion of any embarrassment in the considera- ton of the question as to whether or not Howard Strength and Fuller, better known as the Elmore lynchers, should be paroled or pardoned. You already familiar with the cases of the above named parties in every particular. There Is a stenographic report of the evidence that was elicited in the trial of the Thomas case on file in your office, and my bench notes of the evidence made on the trial of Strength and Fuller you have on file.
 These cases were tried at a special term of the court held for Elmore Coun- ty at the instance of your Excellency. in August 1901, and are familiarly known as the Fillmore lynching cases.
 'John Thomas was the principal de- fendant, though he was last tried. The killing of Robin White Ca negro), was the result of a difficulty which John Thomas had with Robin the day before Robin was killed, and unquestionably Thomas exaggerated account of the difficulty he mad with Robin was the cause of the persons who took Robins life being involved in the killing at all.
 Howard Voluntarily Confessed.
 Howard was first tried, after the State closed its evidence in the case against Howard he voluntarily went on the stand and told the jury all about the case. and named the persons who were present, and who took part in the killing. 1 want to lay special emphasis on the statement that Towards statement made on the stand was voluntary, because 1t has been intimated in certain quarters that he did so from hope of reward, in the shape of lighter punishment or a pardon. No person, so far as I know, ever made any promise to him to induce him to confess. He sought to have an interview with me about the case and I positively declined to talk with him about the case in any shape. He also sought to have an inter view with the solicitor and he informed me that he sent him a message to the effect that he could not converse with him, and that he must understand that If he made,,any statement about the case the statement would be used against him, so with this information Howard went on the stand as above stated. He was con- victed for murder in the first degree and was given a life sentence In his testi- mony before the jury in the case of John Thomas he told about the agreement made by Thomas to overtake the negro and the constables who had him in charge and put him to death, and the evidence disclosed several corroborative circumstances against Thomas. In the trial of Strength and Fuller, Howard was witness for the State and his evil dence involved the defendants and upon his evidence and that of the constables and some other evidence of circum- stantial nature Strength and Fuller were convicted for murder in the second de- gree and given a sentence of ten years in the penitentiary.
 Strength and Fuller Near By.
 The testimony showed that Strength and Fuller were near by if not present at the killing, and tended to show that they were participants In the conspiracy to Kill White. Strength and Fuller dis avowcd any knowledge of the purpose of the parties who killed White and said they had nothing to do with the killing, and stated that they were in search of Abe White, charged with an assault with intent to murder Thomas when they came upon the mob with Robin White. The question was submitted to the jury on the evidence and the jury found against the defendants. finding them guilty of murder in the second degree and fixing the punishment at ten years in the penitentiary. Evidently the verdict in the Thomas and Strength and Fuller cases was a compromise verdict as 1t Is very true that the defendants, If guilty of murder at all were guilty of murder in the first degree, 1t is well to remark here that the degree in the rhom- as caso was very probably the result of the degree fixed in the Strength and Full Ter case. That case was tried before the Thomas case Howard, I think, deserves consideration upon the proposition that he voluntarily turned as a witness for the state. and Thomes conviction was dependent upon HoweIds evidence prin- ciFally. All three of the defendants (How- ara, Strength and tuller), on the trial showed that they had hitherto borne ex- cellent characters. They each, as under stand. have family of little children dependent upon them. There are two -or