The age-herald., 1898-10-05
HELD UP 10 DAYS BY JUDGE
To Allow Defense Time to Prepare Bill
 Of Exceptions.
MADE AN AFFECTING SCENE
As Five Hardy Mountaineers Marchedin in Line Before Judge Bruce-Littlejohn, Blankenship, Robertson, Walter
 Notes Profess Innocence.

In the United States court yesterday Chess Notes, Walter Notes, Dodge Blank enship, Jasper Robinson and John Little- john, the five men convicted of the murder of W. A. Thompson, were sentenced to the pententary for the term of their natural lives.
 The prisoners were brought from the county jail and before sentence was passed upon them, Lee Cowart their attorney, made motion for the arrest of judgment on the ground that the indictment charged two separate offences-conspiracy, punish able by ten years imprisonment. and mur- der in the first degree, punishable by death Assistant United States District Attorney Pleasants resisted the motion, stating that tne indictment had been drawn to comply with indictment in celebrated case which had been passed upon by the United States supreme court The motion was overruled.
 The five sturdy mountaineers were then called before the bar, and were asKed by Judge Bruce if they had anything to say why sentence should not be passed upon them.
 Blankenship was the first to reply. He said: T am innocent before God that is all 1 have to say"
 Chess Notes was next in line. and as Judge Bruce cast his eyes upon him he said: You have already pleaded guilty, bu- as matter of form 1 will allow you to speak if you wish to do so.'
 Notes only shook his head.
 Jasper Robinson, the next prisoner, said T am not guilty of the crime
 Walter Notes was the next to speak, and said: T am innocent of this crime, and l have always tried not to bear false wit ness against my neighbors, and have told t.-e truth in this trial"
 John Littlejohn, the last of the five men to speak, was visibly affected. He is a tall, lank fellow, standing six foot PA inches, and as he spoke there was tremor in his voice. He said:
 'I have great deal to say if you will let me-" Here the words stuck in his throat and tears began to trickle from his eyes, falling upon his bronzed checks. This seemed to bring him relief, and, continu- ing, he said
 ''So help me, God, am innocent, and if I could see Him now I could say the same thing. When I meet Doc Thompson in heaven before the Almighty God I will shake hands with him, and he will know that I am not guilty
 The Judge Was Touched
 Judge Bruce was deeply impressed with Littlejohn's statement, and turning to the prisoners in his slow and deliberate man. ner, said: q sometimes wish l was en- dowed with some special power to deter mine the truth in cases like this. Yet in view of the evidence in the case, I can on- ly do as the law tells me. I cannot inter- fere with the verdict of the jury, and must therefore pass sentence upon you.''
 Continuing, he said, addressing himself more especially to Littlejohn If it be true that you are innocent, events will oc- cur which will throw new light upon this case, and you must remember that you not beyond the pardoning power of the president of the United States. The judg- ment of this court is that each of you be imprisoned for the term of your natural lives in the penitentiary at Raleigh, N. C."
 A Bill of Exceptions
 Attorney Cowart then asked that sen- tence be suspended for ten days to allow him time in which to prepare a bill of ex- captions, which was granted.
 Other prisoners who were convicted dur ing the term were sentenced as follows:
 Crawford Daniel robbing United States mail; one year and one day.
 Ben Saunders, counterfeiting; one year and one day and a fine of $10O and costs.
 J. F. Croker, counterfeiting; sixteen months and fine of $100 and costs.
 A. s. Thompson, illicit distilling; three months and fine of s10O and costs.
 Isaac Drish, perjury; two years and fine of $100 and costs.
 In the case of Frank Washington, con- yicted of robbing the mails, the judge eX- pressed some doubt as to the guilt of the prisoner, and said that he could not con- scientiously sentence him to imprisonment, and although the prisoner was not repre- scented by counsel he would grant him new trial.
 / Hugh T. Martin charged with perjury, entered a plea of guilty, and fine of $10O and costs was imposed For good cause shown, imprisonment was suspended and Martin was released.
 The judge then adjourned court until Monday, by which time it will probably be known whether or not Judge Toulmin will be able to preside at an adjourned term of the court in this city.
 Judge Bruce left the afternoon train for Montgomery, where he will spend a few days with his family before going to Huntsville to hold the fall term of the court for that division.
 SHAKE INTO YOUR SHOES