Chapter 6

In the meantime the detectives, police and Kentucky officers were at work running down rumors and clews which sprang up on every side.

The hat worn by Pearl Bryan, was found on the side of the road just back of Newport and was fully identified by her sister. The hat was weighted down with a stone wrapped in a bloody handkerchief which was identified as the property of Jackson.

George H. Jackson a negro, came forward and told a very plain straight-forward story of having driven, Jackson, Walling and Pearl Bryan in a surey drawn by a gray horse from Cincinnati to the scene of the murder. The police put great faith in this story until it was proven absolutely false, and that the negro had concocted the story with the expectation of securing the reward, or for gaining notoriety. An investigation of his previous record showed it to be a very unsavory one. No one doubted the guilt of the prisoners under arrest, but great difficulty was found in securing evidence on which they could be convicted.

The officers claimed to have sufficient evidence but refused to divulge it, and the granting of the requisition papers by Governor Bradley of Kentucky, and the honoring of those papers of Governor Bushnell of Ohio, showed that there was certainly stronger evidence than had been given the public.

As soon as the requisition papers were served on the Sheriff of Hamilton County, Ohio, and an effort made by Sheriff Plummer, to take charge of the prisoners, and take them to Kentucky, it was evident that a terrible fight would be made by the counsel for the prisoners to keep Jackson and Walling from being taken to Kentucky.

Learned and able counsel had been secured by the relatives of each of the prisoners and from the start it was evident a big legal battle was on and that every effort, would be put forth to them, not only to save the murderers from paying the penalty of their horrible crime but also to keep them from being sent to Kentucky, where in the eyes of the law, the crime had been committed and the only place where they could be put on trial for their lives.

Notwithstanding Gov. Bradley of Kentucky, had promised that he would put the entire Militia force of Kentucky at the command of Sheriff Plummer to protect the prisoners from violent deaths at the hands of a lawless mob, the attorneys for the accused made the claim, and attempted to prove it, that the lives of their clients would not be safe in Kentucky.

Habeas corpus proceedings were resorted to and every scheme and plan for delay was brought into play. A fierce and bitter legal battle was fought between the attorneys for the prisoners and those for the state, before Judge M. L. Buchwalter of the Hamilton County, O., Court of Common Pleas.

Every technicality and motive for delay known to the law was resorted to by the attorneys for the defense. The cases were called again and again in the Police Court simply as a formality, their continuances having been agreed on before the cases were called, notwithstanding the law providing that there shall be a hearing before a Judge of the Common Pleas Court, in extradition cases as soon as the requisition papers shall have been honored by the Governor of the State. The requisition papers issued by Governor Bradley of Kentucky on Governor Bushnell, of Ohio, had been honored by the last named official for weeks previous to the arraignment of Walling and Jackson, before Judge M. L. Buchwalter, of the Hamilton County Common Pleas Court. Interest in the case did not abate in the least. The Jail where the prisoners were confined, was daily literally besieged with visitors, and loud murmurings were heard on all sides. Mob violence was feared, and this fact more than any other caused the delay in the hearing of the arguments on the requisition papers. Everyone felt that the papers would be honored by the Judge, and the prisoners remanded to the custody of the Sheriff of Campbell County, Kentucky, but it was feared the lives of the prisoners would be placed in serious jeopardy, if they were sent to Kentucky, before the excitement had in some measure died out. On April, the 30., the prisoners were brought before Judge Buchwalter, and Saturday March, 7., fixed as the date for hearing on the requisition papers. Rumors of all kinds prevailed, and squadrons of police were placed in line guarding closely every inch of the way from the jail to the court room. It was intended at first to convey the prisoners from the jail to the court room through the underground passage way, or tunnel, which has been prepared for just such cases of emergency. For this purpose the tunnel was cleared of every obstacle, but when all was in readiness, it was discovered that the key to the massive gate at the entrance to the tunnel from the jail yard had been misplaced and could not be found, and it was necessary to take them through the streets. Before the prisoners arrived however, another consultation between the attorneys in the case resulted in an agreement for another continuance, and Jackson and Walling were before the court but a few minutes, when they were again remanded to jail and Saturday March, 7., set for a final hearing on their requisition. Col. Robert W. Nelson, one of the brightest and leading legal lights of Kentucky, an able prosecutor, fearless and aggressive and universally feared by criminals, volunteered his services to aid in the prosecution of, as he termed it, "villains of the deepest dye, who are without doubt guilty of the most heinous crime and greatest outrage ever put upon the fair name and fame of Kentucky."

The attorneys for the defense had selected Judge Buchwalter as the judge to hear their case for the reason that this same judge had but shortly before refused to deliver a prisoner, a negro fugitive, charged with murder, to the Kentucky authorities although Kentucky's Governor had made a requisition which had been honored and granted by Governor McKinley of Ohio. Buchwalter held that the negroe's life would not be safe in Kentucky and refused to hand him over to the Kentucky authorities. This was a ruling without precedent and the attorneys for Walling and Jackson hoped to work on the Judges prejudices against Kentucky and obtain a similar ruling in their cases. Public sentiment however, was too strong, and no matter how much Judge Buchwalter may have disliked to honor a requisition from Kentucky, he saw that public feeling was in no humor to be trifled with in the case of the murderers of Pearl Bryan. At the hearing of the case on March, 7., the State of Kentucky, Jule Plummer, Sheriff of Campbell County, agent, through his attorneys, M. R. Lockhart, Commonwealth's attorney and Col. R. W. Nelson, appeared in court and demanded the custody of the prisoners, presenting the requisition papers, properly approved by Governor Bradley, of Kentucky, and Governor Bushnell of Ohio. The prisoners were represented by Judge James D. Ermston, of Cincinnati, and Messrs. Andrews and Sheppard, of Hamilton, O. A bitter fight was made, but right and justice won and after a fierce legal battle between the opposing counsel, Judge Buchwalter rendered a lengthy decision remanding the prisoners to the custody of Sheriff Jule Plummer, as the agent of the Commonwealth of Kentucky. He also dismissed the habeas-corpus proceedings which had been instituted but granted a stay of the executive of his orders for eight days to give the attorneys for the prisoners ample time to appeal the cases and take them to the Circuit Court. Judge Andrews for the prisoners, announced that the bill of exceptions to Judge Buchwalter's rulings, would be prepared at once for presentation to the Circuit Court. The case was at once taken up on appeal and on March, 14., Judges Swing, Cox and Smith of the Circuit Court of Hamilton County began its hearing. When the higher Court convened an immense throng crowded the rooms, the most noteable among the spectators being the aged father of the murdered girl, Alex. S. Bryan, his three sons, Fred, Frank and James, and ten other gentlemen, who had come from Greencastle, Ind., to Cincinnati, to lend their aid to the prosecution of the prisoners. S. A. Hayes, one of the brightest legal lights of Indiana, was one of the party and he will doubtless aid the State of Kentucky in the prosecution of both Walling and Jackson when they are put on trial for their lives.

ALLEGED ERRORS SET FORTH.

The grounds of error set forth were as follows:

"That there is manifest error in said judgement and proceedings at, by and before said Court of Common Pleas in this to wit:

"1. Said court erred in remanding this plaintiff in error to the custody of said defendant in error.

"2. Said court erred in not discharging this plaintiff in error from the custody of said defendants in error and restoring him to liberty.

"3. The judgement and order of said Court of Common Pleas is against the weight of the evidence and contrary to law.

"4. That there was no evidence whatever submitted to said Court of Common Pleas or to said Governor of Kentucky, who issued the said writ of requisition, and there was no evidence whatever submitted to the Governor of Ohio, who issued said warrant on said requisition, that this plaintiff in error was a fugitive from justice.

"5. That the charge of indictment against this plaintiff in error does not accuse him according to law of any crime.

"6. That there was no evidence submitted to said court or to either of said Governors that the offense set forth in said alleged indictment is a crime under the laws of said State of Kentucky.

"7. That there are other errors prejudicial to plaintiff in error manifest in said record and proceedings."

The prayer of the petition is: "Wherefore this plaintiff in error prays that said judgement and order may be reserved to all things he has lost thereby, and that he may be discharged from the custody of said defendants in error and restored to his liberty."

After hearing the arguments on this bill of errors, the Court took the matter under advisement until the Monday morning following when the three Judges of the higher court met and rendered a decision sustaining Judge Buchwalter and remanding the prisoners to the custody of the Kentucky authorities. Walling and Jackson were at once informed of the decision of the Court. The effect of the information on the two prisoners was of marked difference. Walling smiled sarcastically, and said:

"I had hoped we would not be taken over the river, and we have fought desperately to prevent going there. We have made the best fight possible," and winking his eye, added: "We have received no orders to go there yet."

Jackson grew as pale as death and was visibly agitated and trembling, when told that the Court had decided against him. Said he: "Of course I do not want to go to Kentucky."

"Do you fear being mobbed over there?"

"I not only fear that we may be mobbed, but I don't believe we would be given a fair trial. How can I think otherwise when an authority like Sheriff Plummer told me that if we were taken over to Newport the people there would lynch us sure?"

"Did the Sheriff tell you that?"

"Yes, and then modified it by saying: 'I will, of course, do all I can, as an officer of the law, to prevent it, but we are all Kentuckians over there, and they are hard to restrain.' Since he told me that, I have not had any great longing to visit his State."

WILD DRIVE TO KENTUCKY.

St. Patrick's day, March, 17., 1896, will ever live green in the memory of Alonzo Walling and Scott Jackson. It was on this day they were taken to Kentucky, quietly and without much ado. Sheriff Plummer appeared at the Hamilton County, O., Jail in Cincinnati, and the prisoners were given in his charge. Walling was at once handcuffed to Detective Crim and Jackson to Detective McDermott. The crowds about the Jail and the reporters had no idea what was going on until patrol wagon No. 3, backed up to the door and Sheriff Plummer, followed by his prisoners and the detectives went to get in. Immediately the crowd went wild and a mighty yell went up. "They're going to Kentucky," was yelled by a thousand voices. Cabs were telephoned for by reporters, spring wagons were pressed into service and before the officers and prisoners could get in the patrol wagon fully twelve or fifteen vehicles were ready to follow. The horses were forced to a run and those following increased their speed accordingly. The crowd increased. Fear was unmistakeably seen on the countenances of both prisoners. Down Sycamore Street to Eighth the horses went on a wild run. Before reaching Eighth Street, Sheriff Plummer said that it would be impossible to thwart the fast increasing throng and in order to throw them of their guard, ordered the driver to turn west off Sycamore on Eighth and drive to Central Police Station. A large crowd awaited them there and the prisoners were quickly hustled into the cells. The crowds increased until the large iron doors had to be closed to keep the crowds from the driveways and corridors of the big City Building. The prisoners were kept there for two hours or more. Every movement of the officers was watched closely, especially by the reporters. Detectives Crim and McDermott, went quickly to the cells where the prisoners were confined, and without any notice, the prisoners were again handcuffed to them. Suddenly the large iron doors flew open, and patrol No. 1, dashed into the court-yard, when the party was again loaded in quickly. Once in the wagon, a wild drive to Newport was made. East on Eighth Street to Broadway dashed the team of splendid police-horses, down Broadway to Second and over the Central Bridge on a full run thence up York Street in Newport, up to Third to the jail.

Everywhere the people stopped and stared at the strange chase, as patrol and vehicles containing press-representatives galloped by, throwing mud and snow in all directions, and unconsciously the correct conclusion was arrived at in nearly every case--that Jackson and Walling were being taken across the river.

The Newport jailer had been notified that the men were on the way over, but he did not expect them as quickly as they made the journey. It was but about four minutes after 4 o'clock when Patrol No. 1, dashed up to the entrance to the Newport jail, the run from Ninth and Central Avenue having been made in less than fifteen minutes. On the Central bridge the horses broke into a gallop, and everybody in sight began to run. Before the Newport end was reached a surging crowd pushed up York and down Third Streets upon both sides, but they were not fast enough for the horses.

When the trip to Central Station became known in Newport the news spread like wildfire, and soon a crowd of at least one thousand people had assembled and impatiently awaited the coming of the prisoners, the unusual activity at the jail indicating that they were to be brought there.

Policeman patrolled Gate Street and kept the people constantly moving, while the door of the jail office was locked and admission refused to everyone, even reporters being excluded.

About 4 o'clock there was a cry of "Here they come!" from the people on York Street, and in a few seconds patrol No. 1, turned the corner and dashed down to the jail entrance. As the patrol wagon turned the corner the crowd closed in and hurried after it, to check it, and when the jail was reached the entire street was blockaded.

Sheriff Plummer stepped from the wagon, and was closely followed by Walling, handcuffed to Detective McDermott, and Jackson, handcuffed to Detective Crim. Both prisoners were pale and trembling, evidently believing that the crowd was there for motives other than curiosity. There was no demonstration from the people, and the prisoners were quickly hurried into the jail-office and the door slammed and locked in the faces of the crowd of reporters who attempted to enter.

The Newport Jail is by no means a desireable place of confinement from a sanitary point of view and is poorly ventilated. Both prisoners keenly realized the great change in their accommodations. Regarding this Jackson said:

"This is quite different from the Hamilton County Jail, where everything was at least nice and clean. If I could only exercise a little it would not be so bad. I am really losing the use of my legs, and I cannot see what harm there would be in allowing me to walk in the corridor with one of the guards. I am glad that we are to be taken into court on Monday. That will be at least a little relief."

"What plea will you enter?"

WILL NOT PLEAD GUILTY.

"Oh, that, of course, will be for my attorney to decide, but it will certainly be not guilty."

When Walling was seen, he appeared to be in much better spirits than Jackson. He was lying on his cot, deeply interested in the novel which he has been reading for the past few days. He arose and pleasantly greeted his visitor. When asked as to how he liked his quarters he replied:

"Oh, I suppose I have no kick coming, although they are not as good as those across the river."

"What plea will you enter next Monday?"

"Not guilty, of course. What other plea could I make. I tell you that I am not guilty of that murder and I fully expect to be cleared."

Arraigned in Kentucky Court Monday, March, 23., the murderers, spent the first hour outside the prison walls since the transfer to Kentucky. That hour was spent in appearing in the Circuit Court room of Campbell County for the purpose of entering their plea to the charge of murder placed against them by the Kentucky authorities.

In the court-room by 9:30 o'clock the three hundred privileged ones who had obtained tickets of admission had taken their seats, and every seat was taken excepting the four on the jury gallery reserved for the prisoners and their jail attendants. There were not more than twenty women among the spectators.

Within the iron-rail-bound quadrangle in front of the Judge's desk thirty or forty members of the Campbell County bar sat, while ranged behind them and just within the railing was a row of tables for the reporters and artists.

Occupying the front chairs in the quadrangle were the attorneys in the case: For the Commonwealth, Messrs. M. R. Lockhart, Ramsay Washington and Colonel William Nelson; for the prisoners, Hon. L. J. Crawford, representing Jackson, and Colonel George Washington, representing Walling. In a few minutes Judge Charles J. Helm and the Clerk of the Court, A. L. Reuscher, entered and took their seats and at once opened the Court.

Fifteen minutes were spent by the Court disposing of routine business and several minor cases before his honor said: "I will now call the cases of the Commonwealth vs. Jackson et al. Mr. Sheriff, bring in the defendants."

Everybody was at once on the alert, and all eyes were turned to the door leading from the corridor. Instead of going toward that door, however, the Sheriff threw open the ante-room door and out walked Jackson, attended by Jail Guard Veith. Jackson walked quickly and without any evidence of the weakness in his knees of which he complained several days ago. A few steps behind Jackson came Walling, attended by Jailer John Bitzer.

When they came into the room, both men were pale, but that haggard appearance which distinguished them when they were in the Cincinnati Courts was gone. They both looked well and gave evidence that they enjoyed their Kentucky fare. Walling retained his paleness throughout the proceedings, but Jackson, after taking his seat and looking over the assembled crowd, flushed up a little.

"Stand up," said Judge Helm to the prisoners when the rustle occasioned by their appearance had subsided, "You are arraigned--"

Colonel Washington interrupted the Judge here to say that he wished to enter his demurrer to the indictment before the arraignment. He was overruled.

BOTH PLEAD NOT GUILTY.

The men were then arraigned and asked to plead.

"Not guilty, as to Walling," said Colonel Washington.

"Not guilty, as to Jackson," said Mr. Crawford.

Judge Helm then asked the attorneys as to whether they desired the defendants tried together or separately. Mr. Crawford said he did not wish to indicate then, but Colonel Washington said he wanted a seperate trial for Walling. The Judge then said, "All right, let an order be entered accordingly. This court will begin the case against Scott Jackson first, and I will set Jackson's case for April 7."

Mr. Crawford thought the time was too short. "Until the prisoner came over here," he said, "I was not connected with the case. Our witnesses are scattered, many of them being in Ohio and Indiana, and I do not wish to risk the chance of their failure to attend court on account of the short time allowed. This trial is for justice, and we ought to be given every opportunity to prepare our case. The prosecution seems to have surprises in store for us, and by a decision of the Court of Appeals the defense has the right to know what the prosecution intends to do against us."

Colonel Nelson here got up and said: "I am surprised at Mr. Crawford making such a statement. The Commonwealth expects to prove that Scott Jackson killed Pearl Bryan," a remark that drew a laugh from the audience.

Judge Helm said he knew of no rule requiring the Commonwealth to indicate to the defense what its case would be. "Two weeks ought to be ample time," continued he, "for the defense to get ready."

Mr. Crawford continued to press for longer time, but the Judge cut him short by repeating "I think you have ample time between this and April 7. If you have an objection to make, make it then, but it must be a good one to receive my attention. Remand the prisoners."

No time was fixed for the trial of Alonzo Walling but it was understood that it follow immediately after Jackson's. The demanding of a seperate trial by Walling's attorney gave rise to the rumor, which gained considerable credence that Walling could be induced to turn state's evidence against Jackson and tell all he knows at the trial of Jackson. The authorities have accumulated much important evidence in the matter and the attorneys for the prosecution claimed with perfect confidence that they would be able to prove beyond any reasonable doubt that both Scott Jackson and Alonzo Walling are guilty of the murder, and decapitation of Pearl Bryan. It was claimed by them that enough evidence has been secured to reveal how, when, where and by whom Pearl Bryan was murdered; to reveal the secret of her whereabouts on the night proceeding her tragic death; in fact to ring down the curtain upon the most horrible tragedy of the nineteenth century, laid bare in all of its most horrowing details. Like the well-laid plot in the tragedy which has its birth in the imagination of the skillful dramatist, this tragedy in real life, possessed the one element which never fails to fascinate the public mind-mystery.

The day of the trial drew near, and still the mystery seemed almost as deep as ever. It was evident before the calling of the case against Scott Jackson in Newport, Ky., on April, 7., 1896, that a hard earnest fight would be made for delay and a postponement asked by Jackson's attorneys. The day of trial April, 7., at last arrived. Every arrangement had been perfected by Sheriff Plummer, not only for the protection and safe keeping of the prisoners but also for the convenience and accommodation of the Court, to prevent any crowding of the court-room or any unseemly acts of violence or disturbance.

The announcement of the authorities that only a limited few besides those interested in the case would be allowed in the court-room was the reason of the smallness of the crowd. People, knowing that they could not get in to see the trial, did not--beyond a few of the more curious--care to merely get a look at the prisoner.