Chapter III: Part 3
Detective Witte was at once sent to the scene, and, found a bundle wrapped in a newspaper in the mud. It was drawn out and found to be a black coat. On the lining of the sleeves were found blood stains, and in one of the pockets a lot of tansy flower, which, made into tea, is used to produce miscarriages. After a thorough cleaning, it was placed in a box and removed to headquarters, where an examination was made. Blood spots were found on the sleeves and front. The coat was of a blue black material, similar to the clothing worn by Jackson at the time of his arrest.
Walling was told of the finding of the coat. He displayed no surprise, but remarked:
"Well, I knew they would find it. I told them not long ago where it was; that I had put it there myself."
"Whose coat is it?"
"Jackson's."
"Why did you put it there?"
"Because he asked me to."
"Did you know for what purpose?"
"Yes; to get rid of it. It was bloody."
"And you knew this?"
"Yes, he told me so."
"Then you know more about the crime than you have admitted?"
"No, I don't. I have told everything I know."
In a locker at the Ohio Dental College--Jackson's individual locker--were found by the police a pair of trousers. Upon the knees were dried mud and blood, and upon the legs were other blood stains. Jackson and Walling each claim the trousers belong to the other.
JACKSON'S AND WALLING'S PICTURES TAKEN FOR THE ROGUES GALLERY.
Mayor Caldwell and Col. Deitsch Friday morning had a private consultation at which it was decided to hold all examinations of the prisoners in the Bertillion room, behind the iron bars of the Place of Detention. No one but Col. Deitsch and the Mayor were allowed to be present.
It was about 9 o'clock when both Jackson and Walling were brought into the Bertillon room and turned over to Superintendent Kiffmeyer. Both were photographed and had their measure taken according to the rules governing the Bertillon system.
The questioning of the prisoners while in the Bertillon room, related to the disposition made of Pearl Bryan's clothes.
It was found that Pearl Bryan's clothes had been conveniently wrapped into five bundles and brought to Jackson and Walling's room at 222 West Ninth Street. Jackson took two of the bundles and threw them into the sewer on Sycamore street. Walling put the other three under his arm and went down Plum Street with the purpose of throwing into the river the evidences of the bloody and brutal crime in the muddy depths of the Ohio. Jackson says Walling afterwards told him he had disposed of them.
ANOTHER CONFESSION.
When Turnkey Henry Underwood was passing Jackson's cell yesterday morning Jackson said:
"Well, I'm going to see the Mayor and tell him about the clothing."
"What did you do with the clothing?"
"Well, there were three bundles. I threw them in a sewer on Richmond Street."
"Where on Richmond Street?"
"I don't know exactly, but west of Central avenue."
"Was the head in the lot?"
"I don't know where the head is now."
"Why don't you tell where the head is and it will save you a good deal of trouble."
"Well, Walling told me that he threw it overboard."
"What do you mean by throwing it overboard?"
"Why, in the river, and that is the truth."
As soon as the Chief could be seen Turnkey Underwood reported to him the talks he had with the prisoners. Walling was taken before Mayor Caldwell and Chief Deitsch, Detectives Crim and McDermott. Walling was asked what he had to say.
"Well, I'll tell you how Jackson killed Pearl Bryan.
"For several days before the murder Jackson would sit about our room and read a medical dictionary to try and learn all about the effect of poisons. He finally selected cocaine as the most suitable for his purpose. At last he took four grains of cocaine and put in sixteen drops of water. He told me that he was going to give the cocaine solution to Pearl and make her drink it, and that it would kill the vocal powers. She would be unable to scream or talk and then he was going to cut her head off."
"Do you think he did that?"
"Yes, I am almost sure that was the way he killed her."
"I don't know how he gave her the poison, but think she took it before getting into the cab, so that it would have its full effect by the time she was driven over to Ft. Thomas."
"Well, what became of the head? You know where it is."
"I do not. If I did I would tell."
Jackson was then sent for. He appeared to be worried, and when Mayor Caldwell asked him if he had bought any cocaine he said:
"Yes, I bought some cocaine."
"When?"
"Last Wednesday night."
"What did you do with it?"
"I gave it to Walling."
"Now Jackson I want you to tell me where the head is. You know where it is, and for the sake of the poor old mother I think you ought to tell."
"Well, I can't tell you where the head is. I don't know."
Walling and Jackson were then brought together again. They eyed each other and then the questions were put to them, but like in every other interview they denied the charges made by each other. Walling finally said:
"Why don't you tell where the head is, Jackson? You know they will find it sooner or later."
"I don't know where it is."
"Why don't you tell? You know where it is."
"I do not."
TWO POST-MORTEMS.
There were two post-mortems held by Coroner Tingley, of Newport over the remains of the headless body of Pearl Bryan. The first held on the Monday following the finding of the body and the second, which was ordered for the purpose of deciding whether the murder was committed where the body was found or the head cut off after death had been caused by the administering of anaesthetics. Dr. Charles S. Phythian of Newport, conducted both post-mortems assisted by Drs. Robert Carothers, J. L. Phythian, J. O. Jenkins, W. S. Tingley, C. B. Schoolfield and J. H. Fishbach. The unanimity of opinion was that life was not extinct when the wounds from which the blood found egress were inflicted.
Dr. Charles Phythian said:
"The post-mortem shows beyond a doubt that Pearl Bryan died by the knife and was conscious when she was killed."
"Had she been dead when she was taken to the Highlands the blood in her body would have been somewhat coagulated no matter how soon after dissolution she was taken there, and while there would have been a great flow of it if she had been placed there within a short time after death there must have been a slight coagulation which would have caused at least a small quantity of blood to remain in the body."
"The cut on the left hand shows that she fought with her murderer. The cut goes clear to the bone and proves that she did not receive it by making the weak attempt at defense that a person in a semi-comatose condition would have made."
As was brought out at the first post-mortem there was absolutely not a drop of blood in the body of the woman; all of it had flowed from her.
Not a drop of blood was found in the veins nor was any found in the arteries or heart. Every organ of the body was found in perfect and healthy condition. The blood vessels were entirely devoid of any blood, and all the surgeons gave as their opinion that the girl had bled to death, for had life been extinct before bleeding began the blood vessels would not have been emptied.
A microscopic observation was made of the body in hope of discovering a puncture that might be construed as the place where the needle of the hypodermic-syringe had been inserted, but no such puncture had been discovered, though subjected to the most careful examination with the strongest glasses.
Fred Bryan a brother of the murdered woman and Mrs. Stanley, a sister, together with a number of friends from Greencastle, Ind., arrived in Cincinnati Friday, for the purpose of fully identifying the remains, and having them removed from the Newport morgue to Greencastle for interment. The identification was complete, and permission having been obtained from the authorities, the headless body was prepared for interment and removed to the undertaking establishment of John P. Epply, in Cincinnati.
The body was clothed in a cream white silk dress, the same that the girl had worn when she graduated from the high school in 1892 at Greencastle. The feet were incased in dainty satin slippers.
The casket was one of the most beautiful of its kind made. It was white cloth-covered, and trimmed with cord and tassel. The handles were of burnished silver. In the center of the casket lid, on a silver plate, was the name "Pearl."
Inside the casket was full-satin-lined, and handsomely trimmed. The absence of the head was made scarcely noticeable the placing of a square satin pillow in the head on the casket down to the shoulders of the corpse.
THE HEADLESS BODY DISPLAYED TO THE MURDERERS.
The authorities resolved on a plan which they hoped might make the prisoners weaken. It was to have them look upon their murdered victim and have the crime recalled in all its hideousness.
Mayor Caldwell Chief Deitsch and Sheriff Plummer went to Epply's morgue, where the remains lay.
In a short time Detectives Crim and McDermott arrived with the prisoners. Crim had Walling in charge and McDermott Jackson. The latter was placed at the head of the coffin and Walling near the foot. Both faced the brother and sister of the murdered girl, who were on the other side of the casket.
Jackson was terribly excited and nervously clasped and unclasped his hands. His eyes roved from one end of the body to the other and he shook his head and sighed deeply. His face was terribly flushed, and he looked as though he might break down every second. On the other hand Walling was to all appearance the coolest man in the room. He gazed at the corpse without a shiver and looked around on the faces of those present. His only noticeable display of agitation was to tap his foot nervously on the floor.
Not a word was said until Chief Deitsch, at the other end asked:
"Walling do you recognize the corpse?"
"I do not."
"Do you know who it is?"
"I believe it is Pearl Bryan."
"What reason have you for this belief?"
"What Jackson has told me."
"Jackson, do you recognize the corpse?"
"I do not."
"Do you know that it is the body of Pearl Bryan?"
"I have not taken a close and careful look at the body."
"Would you recognize it if you did?"
"I think I would."
"Walling did you kill this woman?"
"I did not."
"Jackson did you kill this woman?"
"I did not."
"And do you deny, in the presence of the corpse, that you killed her?"
"I do."
"Who did kill her?"
"I have every reason to believe that Walling did."
Determined to make one more effort to secure a confession as to where the head was, Chief Deitsch arranged for Mrs. Stanley to ask the prisoners. Almost begging on bended knees, and sobbing heavily she cried: "Mr. Jackson, I come to you and ask where is my sister's head. For the sake of my poor mother and for my sister and for my brother I beg of you to tell me where my sister's head is. It is my last chance and I want to send it home with the body. Won't you please tell me, I beg of you?"
Jackson looked at her, and, without turning a hair, said:
"Mrs. Stanley, I do not know."
The same question was asked Walling to which he coldly and without any semblance of feeling, replied:
"I do not know where it is."
The same evening Pearl Bryan's headless body was taken back to her home in Greencastle accompanied by her brother, sister and friends.
CORONER'S INQUEST.
Coroner W. S. Tingley, of Campbell County, began the formal inquest in the famous case, on Tuesday Feb. 11. E. G. Lohmeyer, a jeweler; A. J. Mosset, a steamboat agent; W. C. Botts, a coal dealer; John Link, ex-Chief of the Fire Department; Michael Donelan, a shoe-manufacturer, and F. A. Autenheimer, a retired steamboat Captain, were selected as jurors. The first witness called was Sheriff Plummer.
"Please state if on February 1 you saw the headless body of a woman on the premises of John Lock, in the Highlands?"
"I did."
"What evidence have you to submit in identifying the body?"
"The body was Pearl Bryan, of Greencastle, Ind. I received information that the body was that of a woman at Greencastle, and went there for that purpose. The clothing found on the headless body and the shoes were identified by Mrs. J. F. Stanley as belonging to her sister, Miss Pearl Bryan. Frederick Bryan corroborated Mrs. Stanley's identification, and afterward identified the headless body as the corpse of their sister, Pearl Bryan."
"Have you discovered by what means she came to her death?"
"The evidence we have leads us to believe that she died of having her throat cut."
Dr. Heyl, Assistant Surgeon of the Sixth Regiment, U. S., stationed at Ft. Thomas testified the manner in which the head was severed plainly showed that an accustomed hand had performed the work, and it was obvious to a professional eye that the work had commenced from the back of the neck.
Detective Cal Crim of Cincinnati gave his testimony as follows:
"I was notified by the Chief of Detectives Hazen, to report to Newport and assist in clearing the mystery of the crime. With Detectives McDermott and Sheriff Plummer I went to where the body was found, and came to the conclusion that she was murdered there. There was so much blood on the ground that it led me to this belief, and I also found blood high up on the surrounding bushes, which I believed to have been caused by the blood spurting from the neck. I found blood on all the under side of the leaves, showing that the course of the blood was upward, as though the body was on the ground when the throat was cut. The ground was literally saturated with blood. The earth was upturned and blood was found to a depth of eight or nine inches."
"State from your examination to your best knowledge and belief who committed the crime?"
There was a deathlike stillness in the room as the detective answered: "Scott Jackson and Alonzo Walling."
"What have you found to lead you to that belief?"
"The dead girl, Miss Pearl Bryan, left her home at Greencastle to visit a family named Bishop at 95 Center Street, Indianapolis. Her relatives identified her clothing. We discovered that Scott Jackson had been intimate with the girl. He left Greencastle October 14., and pregnancy having become apparent she, at the solicitation of a cousin, named Will Wood, went to Cincinnati to submit to a criminal operation. Jackson was to have the operation performed and Walling was to assist in the performance. The last we know of Pearl Bryan in life was in the company of Jackson and Walling Friday night preceding the finding of her corpse between 6 and 7 o'clock, when the three were seen to enter a hack at Wallingford's saloon, at George and Plum Streets. We have discovered that Jackson had hired Walling to perform the operation on Miss Bryan. Jackson's coat was found on evidence furnished by Walling in a sewer where it had been hidden. A pair of Jackson's trousers, covered with blood and with mud on the knees, were found in Walling's locker."
"Has Jackson or Walling made any statements in your presence concerning the crime?"
"Yes, sir. Each accuses the other."
"Can you account for Jackson and Walling the night preceding the finding of the body?"
"Only up to the time they entered the cab at Wallingford's saloon. Then all traces are lost. Neither Jackson nor Walling was seen or can give any satisfactory account of their whereabouts from 7 p. m. of Friday to 3 a. m. Saturday."
"Have you any other evidence?"
"We found two valises, one having blood stains on the inside, in which we believe the missing head was carried from the scene of the murder."
Detective Crim was excused and Detective McDermott was called. He corroborated Crim's statements. Sheriff Plummer was recalled and gave testimony corroborative of the two detective's statements. Dr. Robert Carothers submitted a report of the result of the post-mortem which was held by order of Coroner Tingley.
Dr. W. H. Crane, the chemist who made an analysis of the stomach of the murdered woman, regretted having no written report of the analysis, as it had not then been completed, but testified to having found cocaine in the stomach.
A number of other witnesses testified as to the finding of the body, the discovering of the foot-prints, blood, etc.
The examinations were completed, and after the court-room had been cleared the jury entered into a discussion of the examination.
The evidence as taken by the court-stenographer was carefully gone over and debated. Every little technicality was examined and passed on unanimously, and after an hour's session the jury returned the following verdict:
THE VERDICT.
"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.
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.
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.
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The Mysterious Murder of Pearl Bryan, or: the Headless Horror.Chapter III: Part 3
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