"We, the jury, of Campbell County, Kentucky, find that the headless body
of the woman found on the premises of John B. Lock, near Ft. Thomas, on
the morning of February the 1st., was that of Pearl Bryan, a resident of
Greencastle, Ind.
"We further find that cocaine had been administered to Pearl Bryan for
some reasons unknown.
"We further find that the decapitation took place while Pearl Bryan was
still alive.
"We further find that Pearl Bryan was last seen in company with Scott
Jackson and Alonzo Walling. The three got into a cab on the Plum-street
side of a saloon, corner of George and Plum Streets, and were last seen
in the cab turning toward Plum Street.
Illustration: CHIEF DEITSCH. SCOTT JACKSON. ALONZO WALLING.
Mrs. Stanley sobbing heavily cried: "Mr. Jackson, I come to you and ask
where is my sister's head?"
"We further find in the end of justice that this verdict, and the report
of the post-mortem, the chemical analysis of the stomach and the report
of the Court-stenographer be filed with the verdict."
On the Wednesday following, the grand jury of Campbell County Kentucky,
in session in Newport, returned an indictment against both Jackson and
Walling, charging them with the murder of Pearl Bryan and alleging that
the crime was committed near Ft. Thomas, Ky. Sheriff Plummer, at once
went to Frankfort, Ky., and secured a requisition for the men from
Governor Bradley. He then took the papers to Columbus, O., where
Governor Bushnell, after a close scrutiny honored them and the Sheriff
returned to Cincinnati to serve them on the Sheriff of Hamilton County,
Ohio, in whose custody the prisoners were.
The prisoners were arraigned in the Police Court of Cincinnati a number
of times charged with murder, and their cases continued, to give the
Kentucky authorities an opportunity to take action.
After the indictment of Jackson and Walling in Kentucky, the charge was
changed to "Fugitives from Justice" and on this were they held until the
requisition papers were procured and served.
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.