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."