The Birmingham age-herald., 1907-09-21
Never Wrote Sheriff.

he result was that the charges made Tn the letter that l had talked to one Of his clients in jail were shown to be ut terly without foundation in fact Johnson mad a trial before d jury of Shelby county on the proceedings to disbar him from the further practice of law and was dis barred He also had trial before a jury on the criminal charge against him and was found guilty by the jury In both of these cases he was vigorously defended by counsel. Judge Aston presided at the trials, and the state was represented by lion. Borden Burr, solicitor. and the bar association was represented in the prose cution by the Hon. C. C. Whitson and Hon. Cecil Browne
 His attorney fought the cases through out thoroughly and vigorously, and after conviction in the circuit court appealed them to the supreme court and strenuous " argued them there, both orally and on written briefs, even going so far as to make a motion for q re-hearing in one of them, and attacking the supreme court with direlection of duty in failing to read or understand his brief. Both cases how ever, were affirmed by the supreme court When the defendant Johnson was con Victed in the circuit court in the criminal case and called up for sentence by Judge Aston, he was sentenced to a term of hard labor, but the clerk in writing up the sentence Inadvertently wrote 1t up as all Imprisonment in tine county jail, leaving off the hard labor sentence and after the supreme court affirmed the case, d ques- ton arose as to whether he would hava to serve at hard labor
 'fhe sheriff. MT. Fulton, advised with MT. Bur, the solicitor, 10 know what to do in the premises. and MT. Burr approached me on the subject. told him that as l had been a party to the pro- ceedngs against Johnson and as Judge Aston was the presiding judge at the trial 1t would be best to submit the mat ter to Judge Aston. that as far as was concerned l felt that the dsbar- ment of Johnson and his conviction of the criminal offense was a Vndication ot the law and of the court, and that per sonally l did not care whether he served the sentence imposed upon him by Judge Aston or not, that anything that he (Mr Burr) and Judge Aston might do abont the matter would be entirely satisfactory to me-
 "I never wrote the jailer or sheriff of Shelby county or anyone else line or word about Johnson's imprisonment one way or another, at any time and the statements attributed to Col. Sam w. John, Johnson s'counsel, in the Montgom- cry Advertiser and Birmingham Even ing News of September 19 to that effect are aDsolulely without any foundation of fact whatever. 1 am astonished to find in public print statement attributed to Col John to this effect: Colonel John intimates that this Ghe letters written 10 the sherif) was a scheme to have Johnson leave the jail and then arrest him Tor making his escape
 MT. Fulton. the sheriff of Shelby coun- ty. is gentleman of standing and a good officer and would not be guilty of such conduct MT. Burr is a most dili- gent pdinstaking and competent solicitor and q high-toned lawyer as W\ll ans would not even contemplate such an ac- ton, and as l did not write the sheriff one word about the matter, this asper- sion is disposed of so far as am con cerned. and l am amazed that man of Colonel Johns supposed standing could even in his fertile imagination conceive such q visionary thing much less father it in the public prints, and 1 am sure he must have been msquoted as 1t is false in toto.
 "The man upon whose statements John son alleged that he based his charges against me denied in the trial under oath that he had made any such state ments to Johnson, and the falslty Of the charge in Johnsons letter was con- clusively proved beyond all doubt, yet no apology was made by him until after the trial and when he, as prisoner, was to be sentenced by Judge Aston. On the contrary the cases were diligently contested throughout, step by step,
 As to Pardon.
 As to the pardon of Johnson hv fha governor. 1 have nothing 10 say further than this: As the chief executive of the