The news & observer., 1901-03-03

from in 1887? OF course Johnstone denied
bitterly all this and said he was an en-
tire different man from Betchler. The
defendanIs ia the land case had John
stone arrested as an escaped prisoner
Jqhnstone sued oft & wri; OF habeas
corpus but could not produce any
witness beside himself to disproYe the
positive assertion OF Fleming that he was
f 1Atis." Botchler and the Judge refused
to discharge him and ordered that he be
returned to me penitentiary The arrest
and decision of the Judge caused john
stone 10 lose the land suit. As soon as
Jonnstone reached the penitentiary he
sent fer lawyer brt had no money TO
pay him EIo gave The lawyer the ad-
dress of nulnSer Of people in Mont
gone ry counts and hat of man in At
lanta, whom ne said knew him and would
swear that lie was not Betchler. The
lawyer wrote twice to each Of these
rarties 9rd lid no1 receive an answer TO
2 single letter that he wrote. The fail
ure to have his letters returned or to re-
ceIYe an answer from either OF the par
ties to whom he had written, did not i'm
press the LAWYER in favor OF tombstone
and he gave no more attention to the case.
-Four weeks ago Col. Cebern L. Harris,
: man of seventy nine years Of age, who
formerly resided in Rurherfordton and
knew the Betchler family well. went to
the penitentiary to examine the manu-
faeture Of brick which is carried on in
side the stOckade While on the yard he
saw rall white man at work and IN
qaired who he was and was told that It
was Chris" Betchler Col Harris then
asked ond was allowed TO talk with the
prisoner. He stated to Col Harris the
facts herein stated as 10 his identification
as Chris Betchler and asked Harris
if he knew Betchler? Harris replied that
lie had known all the family for fifteen
years before the war and while they liY-
ed in Rutherfordton. He was then asked
il he. the prisoner was Chris. Betch-
Ter, and Harris unhesitatingly declared
that the prisoner was not Betchler
lawyer was then employed and another
writ Of habeas corpus was issued by jas
tice Montgomery and the prisoner was
brought before him. Captain Fleming
swore that ne believed the prisoner 10 be
"Chris." Betchler, and that he had known
him as a prisoner in the peDitentiary for
The two years he was in the penitenttary.
Z hal ne had escared and remained nj
large until 1853 when he was arrested
at AsheborO and returned 10 the prison
and that the resemblance Of the prisoner
TO Betchler was very striking. Col. Har-
ris Gas then put on the witness stand and
told of the young boy Chris" Betchler
he had known before the war for fifteen
years, how he had seen him grow UP to
be Il man. and that he knew him perfect
ly we'll and could not be mistaken and
Chris" Betchler: and that since he had
9ens he prisoner in the nenitentiarv he
had thought the matter oyer ana had
talked with his wife about the case. and
that there was y test that would certain
ly show whether the prisoner was Betch-
Ter Harris then asked the prisoner TO
exhibit his right LEG above the ankle for
examination. The prisoner complied with
this request and Harris made an eXamih-
alton and said that the prisoner was not
Chris" Betchler because Betchler had
he scars Of q bad dog bite on his right
leg which ho received when he was not
over ten Years old and that Harris had
killed the dog On This evidence Justice
Montgomery discharged the prisoner from
further Imprisonment
The attorney Of Johnstone Is now await
ing q decision of the Supreme Court in
another case as to whether the State
Prison is such a corporation as can be
sued II This decision is to the effect
that the States Prison can be sued the