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.
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.