The Montgomery advertiser., 1907-09-23
BURR SEVERE
 ON COL. JOHN SolicI Writes of the ss)ohnson Case. FAKES SHOT AT GOVERNOR Accuses Both of Discourtesy and
 Unfairness.
 --~-- Private Secretary Fort would Not Give His Friend Access to Public
 Documents Which Re-
 porters Had Seen. 

Talladega, Sept. 22.--(Special.) )-To- day Borden H. Burr, Solicitor of the Seventh Judicial Circuit, gave out the following statement in reference to the pardon of Wiley Tom Johnson of shelby County, and statements made in regard to 1t by Col Sam Will John of Birmingham.
 'On the 10th of this month there ap- peared In The Montgomery Advertiser. Birmingham News, statement in ref- erence to the pardon by Governor Conner of Wiley Tom Johnson, a law yer of Shelby County, who had been convicted of sending an abusive letter to Judge John Pelham and who, on prosecution instituted by the State Bar Association, had been disbarred as an attorney from all of the courts in the State. This statement in all of these papers contained Gas stated in the head lines) some startling and sensational allegations, said to have been made by Col. sam Will John, attorney for John son, in his petition for his pardon. and reflecting severely upon the official actions of Judge Pelham, Sheriff J. H. Fulton and myself.
 Couldn't Get Papers.
 'rhe statements were so absolutely false that l felt sure there must be 8 mistake in the reports made of the same, and in order to know exactly what was said before making answer thereto, I at once wired friend at Montgomery to call on the Governor and get for me a copy of this petition, said to have been prepared by Colonel John. Late Friday night my friend telsphoned me that he had called at the Governors office for the paper and Secretary Fort, in the absence of the Governor from the city, refused to al- low him to have a copy of 1t, There- fore, although 1t Is public document the contents of which have several days ago been given to the newspa- pers, am, although personally and of- ficfaiiy interested. without knowledge of the exact contents of this startling petition. However, Colonel John on yesterday, in reply to Judge Peiham's statement of this case. issued a card Tn which he relieved Judge Peihan1 of the fnputatfons cast upon him and ar firnied the imputations against Shertm Fulton. the trial judge, Judge Aston. and myself. the solicitor. By so doing, I suppose he intends to stand sponsor for the statement and to accept the re- sponsibility therefor.
 q desire to now make full statement in reference to the matter.
 "First-This pardon was granted by +ha Governor without any knowledge on my part or of Judge Pelham that the pardon had been asked for. and so far as I have been able to ascertain, without the notice of appltca tionswh is required by law to be. published ID some newspaper in the county.
 sU have no desire to share In the great responsibility of the pardoning nower and am glad to be relieved in fhe future of the unpleasant duty or having to give my opinion as trial oficer on applications for pardon, put do resent not having the courtesy ex- tended me of an opportunity to answer statements made in such applications renecting on my official conduct.
 ''Second-The statement made in such petition that the Judge and l wrote to the tailor that Johnson was wasting time in iail, as his sentence, according to the Judges bench notes. provided for Johnson's servitude on the chain gang. ana that as soon as court met again Johnson would be sent to the chain gang, is false in its entirety. It's substance and in each and every par ticular.
 wrote me that by inadvertence John- sons sentence had been entered up Ave months imprisonment in the Coun- tv iail. when according to the Judges bench notes 1t should have been at hard labor for the County, and (to use the sheriff's own words) Tom Is insist ing on me turning him out and I don't want to do anything wrong I at once consulted with Judge Pelham, and Hon. c. c. Whitson, of counsel in the case, and we decided If Johnson would serve the jail sentence we would accept 1t m lieu of and in satisfaction of the hard labor.
 Letter to Sheriff.
 q then wrote Judge Alston in refer ence to the matter, and on receiving his reply, which concurred with our de- ciston and expressed surprise that Johnson raised the question, for it would be better for him to remain in iail than to work out the hard labor I wrote the sheriff the following let
 (PersonaI1
 Talladega, Ala, August 5. 1907. "sheriff J. H. Fulton. Columbiana.
 Ala:
 -Dear Sir-The enclosed letter from Judge AIston explains itself Under this letter I suppose you will have to leave the matter with Johnson. If he stays five months in jail, there will be no effort made. am sure, 70 nut nara laDOT on ntHl. put IT He nsists on being turned out now, of ,ourse the Court will allow the Judg- nent to be amended so as to change f to hard labor. Unless Johnson Is nsistent on being turned out I would loId him for the five months, as this would dispose of the matter and you Ire protected by the judgment as 1t stands.
 "Yours truly.
 Borden II. Burr "Iust the contrary of Colonel Johns ,lIeration Is true. Instead of advis- np the sheriff that hard labor would ,e imposed in addition to the jail sem enee, I advised him that 1t would not md this decision was concurred In by Judge Pelham. Judge Aston. Hon. C. ;. Whitson the sheriff and myself.
 John Wanted Correspondence. "on August l4th Sheriff Fulton wrote ne as follows:
 Columbiana, Ala, Aug, 14, 1907. Ion. B. H. Burr. Talladega. Ala.
 Dear sir-T. w. Johnson received | letter from Colonel S. W. John ask ng him to get me to send him copy # the letter you wrote me in T. w.