The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-23
SENTENCES RAN
CONCURRENTLY
Justice Montgomery Renders
This Decision.
TWO SENTENCES IN ONE
One For Ten Years and One For Three
Served in Ten Years.
C c. BEcHTLER NOW A FREE MAN
Sentenced From Cleveland County For Ten
Years He Escapes From the Pen, aid is
Sentenced For Three Years. Re-
leased on Habeas Corpus
leased on Habeas Corpus

leased on Habeas Corpus
Justice Montgomery, Of the Supreme
Court bench, yesterday rendered decis-
ion that will be of interest to lawyers
as it establishes a precedent upon q
question which in case has ever come ul
for adjudication before
The case was a habeas corpus pro-
ceeding brought to settle the question OF
whether two sentences should be concur
themselves do not settle the matter. A
prisoner who was serving sentence in
the penitentiary escaped, and while at
large was convicted of another crime and
sentenced to another term. The court
was not aware of the fact that he was
an escaped convict, and the fact was not
&C lsieered in imposing the sentence.
Judge Montgomery. decides that the SEN
fences are concurrent, and by virtue Of
that decision G. G.. Bethlitler, alias DR..
j. NJ. Johnson, is enjoying freedom for the
first time in several years.
cchtler was first convicted Of false
pretense in Cleveland8 codnty in the
spring Of 1883, ard sentenced to ten years
in the State Prison. He escaped some
time in 1884. before he had served quite
one year of his sentence.
In 1891, che DR.. ]. M. Johnson, was
convicted of larceny in Randolph county
and was sentenced to three years in the
penitentiary. After he had been convic-
ted, but before he had been carried to
the penitentiary he was identified by
Captain Fleming, warden OF the peniten-
tiary, as C. G. Bechtler who had escaped
from the penitentiary in 1884. He was
Immediately carried back to the pen and
began finishing his original sentence This
term expired some time last September.
On last Friday his counsel sued out a
writ of habeas corpus returnable before
Justice Montgomery at IL o'clock yester-
day. Their contention was that in the
absence of any specific charge to the
contrary by the judge imposing the last
sentence, that both sentences should be
served concurrently. In other words they
ccntended that Bechtler, alias Johnson,
should have been released last September,
at the expiration of the ten-year term
for false pretences. The prisoners coun-
sci also raised the question Is to whether
Or" J. NJ. Johnson, sentenced from
Randolph county in 1891, was the same
person who had been sentenced from
Cleveland county in 1888, under the name
of c. G. Bechtler.
The first witness for the State was
Captain Fleming, who was warden of the
penitentary at the time Bechtler was
serving the first part of his term. and
wtom had identified him while in Jail
al Asheboro. Tn prisoner testified in his
own behalf, denying that he was Bechtler.
In his decision Judge Montgomery ad-
judged that J. NJ. Johnson and c. g.
Bcchtler were the same person, and that
tie sentences should run concurrently.
'Ghe full text CT the decision is as fol-
lcws:
1t is considered and adjudged, that
J. NJ. Johson is C. G. Bechtler. who was
sentenced in the Superior court of Cleve-
lard county at its spring term, 1883. for
a term of ten years in the States prison.
and that he has served in full the said
term of imprisonment
1T is further considered that the SEN
tCnce passed upon the said Johnson, of
three years Imprisonment in the States
Prison, at the spring term. 1891. Of the
Superior court of Randolph county, com
III, need its force and efficacy concurrently
with the judgment and sentence of Cleve-
LAID county and therefore in law has
been executed.
1t is therefore further considered and
ad judged that the said prisoner is Illegally
res trained OF his liberty and that he be
discharged from Imprisonment, and the
custody of the warden of the North Caro-
Ira States prison"
Bechtler appears to be well past middle
age. with gray hair and very percepti-
bic stoop to his shoulders. II is thinking
OF bringing an action before the Supreme
court to get them 20 assess damages for
ilgal detention since last September.
The prisoner was represented by Baylus
Cade, Esq. The State was represented
by Mr.. c. M. Busbce and Col. I. M. Arso.
Warden Green, of the penitentiary,
says there are many prisoners in the pen
whom this decision will affect One OF
them is a negro whose sentences aggre-
gate one hundred years.
1t is probable that the attorneys repre-
senting the penitentiary authorities will
ask that the case be reviewed by the
fun court when the Supreme court again
meets.