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 acc.u.mulated 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 s.p.a.ce, 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 pa.s.sed 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 cla.s.s 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 pa.s.sed 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 pa.s.sed 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 a.s.semblage 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."
Ill.u.s.tration: 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 a.s.siduously 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 ent.i.tled 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.