Chapter 7

The twelve jurymen's chairs were placed directly in front of the Judge's desk, and the witness box so placed that the witnesses in giving their testimony would be facing the Judge and jury. The witness stand stood almost in the middle of the court-room. On the right side was the prosecution's and on the left side the defense's tables, while between it and the jury was placed the stenographer's table.

The reporters' tables, six in number, were grouped in close proximity around the witness stand, and the whole arrangement left nothing to be desired. The members of the Campbell County bar occupied seats within and without the railed space, and there was a large gathering of them present.

SCOTT JACKSON IS BROUGHT TO HIS TRIAL FOR LIFE.

About five minutes before the arrival of Judge Helm in the court-room Sheriff Plummer, having all his arrangements perfected, slipped out and proceeded to the jail, and in a few moments emerged therefrom with Scott Jackson handcuffed to his arm.

With a nervous smile and a forced jauntiness, which accorded illy with his visible perturbation, Scott Jackson stepped from the old jail door in Newport and started through the dense lines of curious men, women and children for the court of justice, wherein his fight for life will be made. He was handcuffed to Sheriff Plummer, and, as a further precaution, was flanked on either side by a stalwart deputy.

Jackson seemed in good humor as he walked from the jail, and did not show the same dread for the Newport crowds that he had displayed on the two former occasions upon which he passed through them. He was taken upstairs in the Courthouse and placed in the witness room to await the opening of court.

Ordinarily, a man facing death excites sympathy, particularly among the class who waited for two hours to get a glimpse of Jackson. But the most casual observer could not fail to see that the populace was singularly unanimous in its intense hostility to the supposed and accused murderers of Pearl Bryan.

A man may be a murderer and a hero in the minds of many. But nothing but deep-seated and virulent hostility was manifested by ninety-nine out of every hundred of those who gathered about the Courthouse in Newport and reviewed the famous crime in infinite detail. "He'll hang, and he ought to, ---- him," said one big fellow in the center of a listening group.

"Yes, and Walling out to follow him in five minutes," said a bare-headed working woman, as she shifted a baby from arm to arm. The same sullen antipathy was apparent as Jackson passed through the crowd. It was indisputably general.

A REMARKABLE INCIDENT.

A significant proof of this feeling was evidenced in a rather remarkable incident which occurred as Jackson was leaving the court-room after the trial. There were probably a dozen women in the audience, among whom was a party of three comely, well dressed and to all appearances, thoroughly respectable women. They sat on the first row of the benches for the general spectators. As Jackson passed from the inclosure wherein he had been seated and started for the ante-room with Sheriff Plummer, one of the women suddenly reached out and kicked Jackson twice. She put all her strength into the blows. Jackson flushed and then smiled the smile which in his case is better evidence of internal anguish and agitation than is a tear on the face of most men. Neither Judge Helm nor Sheriff Plummer, nor in fact, any one outside from three spectators saw the incident. The officers walked rapidly, looking neither to the right nor to the left, and seemed, from their grimness, to realize the great responsibility which rested upon them.

OPENING OF THE TRIAL.

It was just 9:40 o'clock, April, 7., when Judge Helm entered the court-room. Immediately the hum of conversation which had been going on at a lively rate stopped, as, with hardly a pause after sitting down, the Judge ordered the Sheriff to open the court. Every seat in the spectators gallery by this time was taken. Judge Helm at once went to the business of the day, calling "Case 2,296, the Commonwealth vs. Scott Jackson," and directing the Sheriff to bring in the prisoner.

There was a perceptible movement on the part of the assemblage as Jackson followed Jailer Bitzer and the Sheriff into the court-room and took his place on the left of the witness box and slightly in its rear. His chair was next to that of Attorney Andrews, of Hamilton, Walling's counsels, and the narrow table seperated the prisoner from Hon. L. J. Crawford and Colonel George Washington. As on his former visit to the court-room, Jackson flushed slightly after taking his seat. He paid close attention throughout to every thing that was said by the Judge and the lawyers.

Around the table to the right of the witness box were seated Commonwealth's Attorney M. R. Lockhart, Colonel R. W. Nelson and Attorney Silas Hayes, of Greencastle, all representing the prosecution. The Sheriff called the names of the jurors summoned for duty, and these having been disposed of the Judge asked:

"Is the Commonwealth ready?"

To which Mr. Lockhart replied: "The Commonwealth is ready."

"May it please Your Honor, Scott Jackson is not ready," stated Mr. Crawford, rising. "We desire to file a motion for postponement."

Illustration: The highest point in Forest Hill Cemetery where the headless remains of Pearl Bryan are buried.

He read the affidavit as follows:

"Affiant L. J. Crawford says he is still the only attorney herein for defendant, Scott Jackson: that affiant has been ill with la grippe during the last ten days; that for more than a week one of his children has been and still is very ill and under the care of a physician; that, in consequence of his own and his child's sickness, he has been unable to give this case the attention necessary to properly prepare it for trial; that, so far as he has been able, he has constantly and assiduously worked upon the preparation of it; that the commissions to take depositions in Cincinnati, O., Greencastle, Ind., and Brooklyn, N. Y., have not been returned; that the persons named in the former affidavit of affiant as residing in joint places will testify as follows, viz: While in Greencastle that Scott Jackson's general reputation among the neighbors in said town, until charged with the offense mentioned in the indictment, was good; that he resided there for about two years just before or shortly before being so charged; that each and all of said witnesses knew him and his general reputation in said town during said time.

"That the reputation of Will Wood, of Greencastle, Ind., whom the prosecution will introduce, for truth, can be successfully impeached by witnesses residing in Greencastle, if time is given in which to take their depositions.

"Affiant says he was not aware until April, 1., 1896, that said Wood would be introduced; that affiant will be able by the 10. inst. to file a list of names of persons who will testify upon Wood's reputation and to file a list of interrogations to be addressed to them."

OBJECTIONS OF THE STATE.

Mr. Lockhart repeated that the State was ready to try the case, and he did not think the Court ought to allow a month's further time. He said that Mr. Crawford, upon a former occasion, had agreed that a month was sufficient in which to prepare the case. It was therefore Mr. Lockhart's opinion that two weeks further continuance was as much as Mr. Crawford could look for. That, he said, would make the full time allowed one month.

Mr. Crawford said he did at first think a month would be sufficient, but his work during the past two weeks had shown him that it would take hard work to be ready inside of another month. "I most earnestly and sincerely state," continued he, "that we should have a month, and do not see what particular difference it would make to the Commonwealth. My client is not enjoying himself in jail."

The Judge said that the difficulties attending the prosecution were infinitely greater than they were for the defense, the defendant knew everything in reference to himself, whereas the prosecution had to find out everything. He had also pointed out that other counsel had been engaged in the case.

CRAWFORD'S EARNEST APPEAL.

Mr. Crawford stated that he had only been engaged after Jackson came to Kentucky, a little less than three weeks. In concluding an earnest appeal for a month's extension of time, he said:

"It is a question whether this man shall be hanged, go to the penitentiary for life, or whether he shall leave the court-room a free man."

The Judge replied: "You are not entitled to any continuance at all. Tuesday, April, 21., will be sufficient time. The case is continued until that day. Witnesses' names will now be called."

The following witnesses for the prosecution were in court and were placed upon their recognizances of $100 each to be in court on April, 21.: J. B. Lock, Dr. A. B. Heyl, Henry Motz and Harry and Will Hedger.

While the court proceeded to other business of the day the officers removed Jackson to the witness room, where he was kept for about fifteen minutes before being returned to the jail.

The attorneys for the Commonwealth were sure of having sufficient testimony to convict both Jackson and Walling of murder in the first degree and objected strenuously to any continuance. Col. R. W. Nelson, who volunteered his services for the prosecution, worked hard and earnestly and through his efforts much valuable and conclusive evidence against the prisoners was unearthed. He said regarding the disposition of the head: "Without a doubt the head of Pearl Bryan is rotting in the Ohio river. At the proper time we will produce witnesses who saw Jackson and Walling make two visits to the Suspension Bridge and throw bundles into the stream. One of these bundles the witnesses will say undoubtedly contained a human head. The witnesses who will testify to these facts have positively identified both Jackson and Walling and will do so again at the trial, and their testimony will be of the most sensational character."

On Monday, April, 13., Judge Helm fixed the day for Alonzo Walling's trial, for Tuesday May, 5., 1896. Walling's Hamilton O., attorneys, Morey, Andrews & Shepherd, withdrew from any further connection with the case.

Pearl Bryan's headless remains buried at Greencastle.

The headless body of poor Pearl Bryan, taken to Greencastle, Ind., from the Newport, Ky., Morgue on that cold, bleak wintry day in February, lay in its beautiful snow-white casket in the vault in Forest Hill Cemetery in Greencastle, until March, 27. The heart-broken sisters, urged on by the friends of the family, had pleaded with their aged and grief-stricken parents to have the remains buried, but their pleading was in vain. Mrs. Bryan could not bear to even think of consigning the remains to mother earth without the head, and Mr. Bryan, the aged and heart-broken father, would only reply when the suggestion of burial would be made to him, "The head must be found," "It must be found." It was only after long and hard pleading that he at last agreed to permit the burial of the headless remains. Hundreds of people had visited the cemetery and gazed longingly on the stone receptacle in which the body lay. At last the consent of Mr. Bryan was secured and arrangements were at once put on foot to consign to mothers earth, all that was left of the beautiful and loved, but misguided girl. Friday, March, 27., was the day fixed for the funeral. It was a beautiful day and the sun shone brightly from an almost cloudless sky. The warm weather of the preceding days had caused the grass and foliage in the beautiful cemetery to assume a decidedly bright greenish tint, and the trees were beginning to bud. It was in every respect a most typical day. The cemetery lies just south of Greencastle, surrounding a lofty hill within plain view, and but a short distance from the colonial mansion of the Bryan's, where the lovely Pearl was born and had grown to womanhood, from which she had attended the Greencastle school and graduated with the highest honors. It was here in the city of the dead, where lie her relatives and friends who have gone before her, in sight of her home, at the highest point in the cemetery, where the fond loving mother and father, whose hearts are broken over the sad, sad ending of the life of their favorite daughter, can look from the window of their room and see the tombs of "the loved and lost", that the grave was dug. Mr. and Mrs. Bryan had insisted on Pearls' grave being located on the highest point in the cemetery. Early in the afternoon of the day fixed, an immense concourse of relatives and friends, and of the curious, assembled at the vault in the cemetery, where the remains lay.

Notwithstanding the large crowd, present, a deathlike stillness prevailed. At last the hour arrived, and a few moments afterward the carriages containing the grief-stricken family, arrived on the ground. These carriages, bearing the possessors of so many heavily grief burdened hearts, had hardly stopped at the vault when the large black doors of the vault swung outward, and the dead girl's class-mates of the "Class of '92", with bowed heads and aching hearts, filed slowly into the sepulcher, and took their places around the plain white coffin, on the lid of which was a silver plate with the single word "Pearl" engraved thereon. It was indeed a most solemn and impressive scene, one never to be forgotten by those who witnessed it. With heavy hearts, tear-bedimmed eyes, and trembling hands, the loved and loving class-mates of the beautiful victim of the crime of the nineteenth century, grasped the silver bar handles of the casket which contained all that was mortal of the poor, erring, misguided, but loved Pearl Bryan, and bore it to the outside of the vault. Tender hands and loving hearts bore the headless remains of the once bright, cheerful and petted Pearl, to their last resting place. The remains were not exposed to view at the funeral services. Slowly following the carriages, containing Rev. Dr. Gobin, the officiating pastor, the family and intimate friends, the beautiful casket was carried by the class-mates along the broad cinder path to the grave where it must rest. Following the casket was one of the largest crowds ever seen at a funeral in Greencastle. Arriving at the grave, the casket was let down into the receptacle prepared for it. Simple services appropriate and tender, were said. Dr. Gobin, made a few touching remarks, a hymn was sung by the class-mates with voices filled with emotion, and the services concluded with a short prayer. A new grave was made, the horrible tragedy which cost poor Pearl Bryan her life was recalled vividly to those who had known and loved her all through life, and the headless body of Pearl Bryan, dressed in her magnificent white dress in which she graduated from the Greencastle High School, borne by the loving class-mates in that graduating-class, were consigned to earth from whence they came, and covered from the view of those who loved and knew her. Already a verdant carpet furnished by nature covers the new made mound which is kept covered with beautiful flowers and one would not think that this grave was a new made one, but the girl who lies beneath that mound, whose tragic death startled the whole civilized world, will never be forgotten by those who visit Forest Hill Cemetery.

The Trial of Scott Jackson.

The trial of Scott Jackson began on April the 22nd, before Judge Helm. It is very remarkable that a jury was secured on the first day. Perhaps this promptness has never been equalled in Kentucky. The completed jury was as follows:

John M. Ensweiler, grocer, Bellevue; William White, plumber, Newport; John Boehmer, teamster, Dayton; Merty Shea, retired merchant, Newport; Louis Scharstein, grocer, Newport; D. B. Mader, carpenter and builder, Dayton; William Motz, reporter, Dayton; Millard Carr, carpenter, Bellevue; G. P. Stegner, grocer, Newport; John S. Backsman, cutler, Newport; Fred Gieskemeyer, grocer, Bellevue; David Kraut, coal merchant, Dayton.

When all the preliminaries had been completed the attorney for the Commonwealth arose and stated to the jury what the prosecution intended to prove. He said:

"In the spring of 1895, the accused, Scott Jackson, commenced living in Greencastle, Ind., where also resided the deceased, Pearl Bryan, who was the youngest daughter of one of the oldest and best families in that vicinity. Her father at one time was a Kentuckian, having lived a long time in Bourbon County, Ky.

"The accused, Scott Jackson, became acquainted with Pearl Bryan, shortly after he arrived in Greencastle. By reason of his elegant dress, polished manners and fluent conversation, shortly after his acquaintance with her he became a frequent caller upon her and they were often seen together. Succeeding this the Commonwealth will show, beyond a reasonable doubt, that this innocent young lady became infatuated and yielded her chastity to this man, and later on she advised him of the fact of her condition. It will be clearly demonstrated to you, gentlemen of the jury, that while she was in that condition she left Greencastle and came to Cincinnati, so that her people would not be aware of her unfortunate condition.

"That, in obedience to a request from Scott Jackson, she came to Cincinnati on Monday, January 28th. We will introduce a witness to show that he met her at the depot, and that she inquired for Scott Jackson. That he met her on the following morning, Tuesday, January 29th. It will be shown that he was seen not only in Cincinnati, but in Kentucky, and that he was seen with her up to Friday night, and about that time he was with her in a vehicle, and that he took her out to Fort Thomas, where her headless body was found February 1st, 1896.

"That Scott Jackson was found in possession of Pearl Bryan's satchel. We will show by two or three persons, to whom he made this confession, that he left the satchel with two different persons after the finding of the body of Pearl Bryan. That upon Friday night a light rain fell, and when the body was found on the Lock property, near Fort Thomas, headless, there was a large quantity of blood lying in clots near the corpse.

"The Commonwealth expects to show you the condition of the body at the time; that at that place the decapitation of this unfortunate girl was done, and this man, Scott Jackson (pointing to the prisoner), is the fiend who decapitated the unfortunate girl.

"We will also show to you, gentleman, that this fellow led a double life--as Dr. Jekyll and Mr. Hyde. Up at Greencastle he was a gentleman, but in Cincinnati, he was in society of ill repute, and he made no discrimination of color in his choice of women.

"That a week or two before the crime was committed he displayed a fine dissecting knife, and that he was experienced in the use of a knife that could have done that kind of work.

"Through Jackson Pearl Bryan was brought to Cincinnati, and the evidence tracing her will be established beyond a reasonable doubt, and that the decapitation was done by one who is deft in using the knife, as he is known to be."

John Hewling, a lad about sixteen years of age was the first witness. He testified to the finding of the headless body on the farm of J. D. Lock.

The second witness was Dr. Tingley, Coroner of Campbell County, Ky. His testimony was very important. He described the spot where he first viewed the corpse and testified that the bushes in the vicinity were spattered with blood that had spurted from the headless trunk. Restated that the head had been removed by some one who had practised in surgery.

The following dialogue occurred during his testimony:

"On viewing the body I found it had been severed rather high. The knife had struck the vertebra, then its course was changed slightly downward."

"Did you notice any other cut?"

"Yes; one across the fingers of her left hand."

"What fingers?"

"Her four fingers, near the tops."

"Did you observe no cut on the thumb?"

"No, sir."

"Did you make any other examination?"

"Yes, sir."

"Can you say whether or not the cuts on her hand were recently inflicted?"

"Yes, they were."

"I will ask you if, in your opinion (you have described the condition of the body), whether or not the head was cut off at that place?"

"I think so."

"Can you say whether the head was cut off before or after death? Or, if death resulted from the severance?"

"I think the artery was cut while the heart was still beating."

In view of the fact that the defense was seeking to establish that the head was removed after death the last remark coming as it did from an expert was very damaging to Jackson. The same witness was asked, concerning the cuts on the hand which he had referred to.

"Will you explain to the jury whether the cuts on the fingers were made before death?"

"Before death," replied the witness promptly.

He was then questioned more particularly as to the result of his investigations as an expert. The fact that Pearl Bryan had been murdered with a knife (though cocaine was found in her stomach by the chemist), was established beyond peradventure by the witness. He also identified the clothing of Pearl Bryan which was produced all soaked with blood.

On the second day of the trial the prosecution sprung a sensation. A headless dummy was brought into the court-room dressed in the clothes that Pearl Bryan wore when her body was discovered. The dummy was placed in an erect position at the left of the witness box and facing the jury. A lively tilt followed between counsel as to the legality of this proceeding. The court finally ordered the figure removed and the clothes produced separately.

When this was done Mrs. Mary Stanley, the sister of Pearl Bryan was called. She gave a list of the articles that Pearl had when she left home and identified all the valises and clothing which the prosecution had brought into court. She also identified some handkerchiefs found in Jackson's room by detectives after his arrest and named the store where Pearl had purchased them in Greencastle.

The first evidence of the trial that directly connected the prisoner with the murder was given by John A. Caldwell, Mayor of Cincinnati.

Jackson became flushed and nervous and at times fastened his watery eyes on the witness with an intensity that became painful.

He stated that he was present when Jackson was examined immediately after his arrest in the office of Chief of Police Deitsch, of Cincinnati. Mr. Caldwell said Colonel Deitsch handed him a telegram; he took it in his hand and leaning over and looking at it for quite a time, with his eyes in this way, cast down, he finally uttered: "Oh, my God what will my poor mother say," then he turned his eyes on Colonel Deitsch.

When he asked me the question he rose from his position and began to walk up and down the room. He says to me, "What shall I do?" I says, "Do you ask me the question?" He says, "Yes." I says, "Tell the truth." He said, "Many an innocent man has been in as serious trouble as I am to-night," or something to that effect. I do not know that I get his exact words.