The Montgomery advertiser., 1907-09-21
Circuit Judge Explains
 Johnson Case.
AsToN1sHED AT MR. JOHN
Declares That Published Matter is
 False.
Governor Conner, He Says, Has Par doned Lawyer Who Was Dis
 barred by state Association for Insulting Court

Judge John Pelham of the Seventh Ju- dtcial Circuit, has given out an inter view to The Advertiser representative regarding the pardon of W. T. John son. lawyer, sent up from Shelby County.
 Governor Conner is scored in the in- terview, but in a dignified manner.
 Judge Pelham, referring to the mat ter, said:
 The case against Johnson, a former lawyer of Helena, Shelby County, seems to have been given considerable atten- tion by the newspapers In the past few days, and someone has given a, very incorrect account of the case to the papers.
 Tt is due to Judge Alston, who pre- sided at the trial of the case; to the solicitor, Mir. Burr; the Central Com Tnittee of the State Bar Association. and to me, that the matter be cor rect!y and fairly stated so that the public may know the truth.
 One Johnson, who resided in Hell ena, in Shelby County, wrote an abu- sive and insulting letter to me. ques- tioning my official conduct while act ing as Judge In a case in which he appeared as counsel for defendant in the Criminal Court of Shelby County. containing threats as to what he would do if did not immediately apologize to him. etc, and threatening to publish the letter (which he sent by registered mail, and stated that he had kept copy of ft). if he did not receive an apology by return mail.
 JohnsOn's Letter.
 'aThe letter was couched in such lan- guage and coupled with such threats that an answer was impossible. Had any answer been made under the cir cumstances, it would undoubtedly have hot lna Nv threats. Upon the receipt of the let- ter, I consulted with members of the bar, who are my personal friends as to the best course to pursue. They ad- vised reporting the matter to the Gen. tTal Committea of the State Bar Asso- eiation. and an immediate citation to Johnson to appear and answer a pro- ceeding for contempt of court I took e this course. The result was that the charges made in the letter that I had talked to one of his clients in jail were shown to. be utterly without foundation in fact.
 Johnson had a trial before jury of shelby County on the proceedings to disbar him from further practice of law and was disbarred. Hee ealso had a 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 Alston presided at the trials, and the State was represented by Hon. Borden Burr. solicitor, and the Bar AS sooiation was represented in the pro- secution by Hon, C.. c. Whitson and Hon. Cecil Browne. His attorney fought the cases throughout thorough Iy and vigorously. and after conviction in the Circuit Court, appealed them to the Supreme Court, and strenuously argued them there. both orally and on written briefs even going so fsr as t' make a motion for re-hearing in one of them, and attacking the Supreme Court with dereliction of duty in fall" ing to read or understand his brief Both cases, however, were affirmed by the Supreme Court.
 Mistake Of Clerk.
 "When the defendant Johnson was convicted in the Circuit Court in the criminal case and calle6 up for sem tence by Judge Alston, he was sen fenced to a term of hard labor, but the clerk, in writing up the sentence. inadvertently wrote 1t up as ang i'm" prisonment in the county jail leaving off the hard labor sentence, and after the Supreme Court affirmed the case, a. question arose as to whether he would have to serve at hard labor. The sher- if. MT Fulton, advised with Mir. Burr. the solicitor, to know what to do in the premises. and MT. Burr approached me on the subject. I told him that ss had been a party to the proceedings against Johnson, and as Judge Alston was the presiding Judge at the trial it would be best to submit the matter to Judge Alston; that as far as l was concerned, I felt that the disbarment of Johnson and his conviction of the criminal offense was a vindication or the law, and of the court, and that, personalIy, I did not care whether ne served the sentence imposed upon him bv Judge Aston or not; that anything that he (Mr Burr) and Judge Alston might do about the matter would be entirely satisfactory to me
 aT never wrote the jailer or Sheriff of shelby County, or anyone else, a line or word about Johnson's impris- onment one way or anotner' aI any time. and the statements attributed to Col. Sam Will John. Johnson's coun- sel. in The Montgomery Advertiser and Birmingham Evening News or Sep.em- her 19 to that effect are aosolutely without any foundation of fact what ever.
 .T am astonished to find in public nrint a abatement attributed to Colonel John to the effect Colonel John inu- mates that this (the letters written to the Sheriff was a scheme to have Johnson leave the jail and then ar rest him for making his escape. MT. Fulton, the Sheriff of Shelby County is a gentleman of standing and a good officer and would not be guilty of such conduct. Mir. Burr is a most diligent, painstaking and competent solicitor, and a high-toned lawyer as well and would not even contemplate such an action and as I did not write the c,ho -ye ah "a aspersion is disposed of so far as am concerned, and | am amazed that a man of Colonel Johns supposed standing could even in his fertile i'm agination conceive such 8 visionary thing, much less father 1t in the pub lie prints. and I am sure he must have been misquoted, as 1t Is false in toto.
 The man upon whose statements T~N-~o~ alleged that he based hls
 against me, denied on the
 lder oath that he had made