The Birmingham age-herald., 1907-09-23
He Explains His Connection
 With Pardon Matter
DIDN'T ASK FOR PARDON
Solicitor Burr Declares That Wiley Johnson Was Pardoned Without Any Knowledge of Such Act
 On His Part.

don and the statements of Col. Sam VIII John. in reference thereto
 "On the 18th of this month there ap- peared in the Montgomery Advertiser, the Birmingham Age-Herald and the Bir- mingham News statement in reference to the pardon by Governor Conner of Wiley Tom Johnson, a lawyer of Shelby county, who had been convicted of send ing an abusive letter to Judge John Pelham, and who on prosecution insti- tuted by the State Bar association had been dsbarred as an attorney from all of the courts in the state. This state ment in all of these paper contained (as stated in the head lines) some startling and sensational allegations, said to have been made by Col Sam Will John, attor- ney for Johnson. in his petition for his pardon, and refectng severely upon the official actions of Judge Pelham, Sheriff J. H. Fulton and myself.
 ''The statements were so absolutely false that l felt sure there must be a mistake in the report made of the same and in order to know exactly what was said before making answer thereto, 1 at once wired a friend at Montgomery to call on the governor and get for me copy of this petition said to have been prepared by Colonel John. Late Friday night my friend telephoned me that he had called at the governors office for the paper, and Secretary Fort, in the ab- sence of the governor from the city, re- fused to allow him to have a copy of it. Therefore, although it is a public docu- ment, the contents of which have several days ago been gives to the newspapers, l am although personally and officially interested, without knowledge of the ex- act contents of this startling" petition. However, Colonel John on yesterday, in reply to Judge Pelham's statement of this case, issued a card in which he relieved Judge Pelham of the imputa- tons cast upon him and affirmed the imputations against Sheriff Fulton, the trial judge Judge Aston, and myself, the solicitor By so doing l suppose he in tends to stand sponsor for the statement and to accept the responsibility there- for.
 "I desire to now make full statement in reference to the matter,
 Il. This pardon was granted by the gov ernor without any knowledge on my part or of Judge Pelham that the pardon had been asked for and far as l have been able to ascertain without the notice of application, which is required by law, to be published in some newspaper in the county.
 "I have no desire to share in the great responsibility of the pardoning power, and am glad to be relieved in the future of the unpleasant duty of having to give my opinion as a trial officer on appli cations for pardon, but l do resent not having the courtesy extended me of an opportunity to answer statements made in such applications, refecting on my offi cial conduct.
 ''2. The statement made in such peti- ton that the judge and l wrote to the iailor that Johnson was wasting time in jail, as his sentence, according to the judges bench notes, provided for John son servitude on the chaingang, and that as soon as court met again Johnson would be sent to the chaingang, Is false in its entirety, its substance, and in each am. every particular.
 "On July 21, 1907 Sheriff Fulton wrote me that by nadvertence Johnson's sen tence had been entered up five months l Imprisonment in the county jail, when according to the judges bench notes, it should have been at hard labor for the county. and Cto use the shenff own words), rom is insisting on me turning him out and l don't want to do any thing wrong" l at once consulted with Judge Pelham, and Hon c. C. Whtson ot counsel in the case. and we decided if JOnnSon would serve the jail sentence we would accept it in lieu of and in sat isfaction of the hard labor. I then wrote Judge Aston in reference to the matter, and on receiving his reply, which con cured with our decision and expressed -rtt- -Y.rta. hot T..l.x
 ton, for it would be better for him to remain in jail than to work out the hard labor" l wrote the sheriff the follow ing letter:
 Law Office of Knox, Dixon & Burr,
 " 'Talladega, Ala, August D, l95G
 " Personal.
 Sheriff J. II. Fulton, Columblana, Ala:
 Dear sir-The enclosed letter from Judge Aston explains itself Under thls letter l suppose you will have to ieave the matter with Johnston. If he stays five months in jail there will be no effort made, am sure, to put hard labor on him. But if he insists on being turned out now, of course the court will allow the Judgment to be amended so as to change 1t to hard labor. Unless Johnston is insistcnt on being turned out, I would hold him for the five months, as this would dispose of the matter, and you are protected by the Judgment as 1t stands. Yours truly.
 BORDEN II. BURR
 Just the contrary of Colonel Johns all legation Is true Instead of advising the sheriff that hard labor would be imposed in addition to the jail sentence. l advised him that it would not. and this decision was concurred in by Judge Pelham Judge Aston, lion. C. C. Whitson. the sherln and myself
 "On August IA, Sheriff Fulton wrote me as follows:
 'Columblana, Ala. August 14, 1901 Hon. B. IT. Burr Taladega, Ala:
 Dear Sir. w. Johnston received letter from Col. S. w. John, asking hlm to get me to send him copy of the letter you wrote me in T. w. Johnston's case and while ] do not think there Is anything in your letter to me that anyone could not see. doubted the propriety of sending him a copy of q letter written to me by you. and l ask whether or not I shall send copy of your letter. Very truly
 T. H. Fulton Sheriff.
 "In reply to this letter I wrote him m substance that Colonel John had no right over my head to demand letters written oy me and the judge, and sent him a letter 10 send to Colonel John. the sub stance of which was that If Johnston served his jail sentence there would be no effort made to have him put at hard labor The sheriff writes me that this let ter was at once sent to Colonel John. If he received 1t before he filed his pardon petition His statements. if he made them as alleged in the newspapers, that in- tended In gend Johnston fo rha in