The Mysterious Murder of Pearl Bryan Part 17

"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, a.s.sistant 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 a.s.sist 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 a.s.sist 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. Sat.u.r.day."

"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 a.n.a.lysis of the stomach of the murdered woman, regretted having no written report of the a.n.a.lysis, 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 pa.s.sed 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.

Ill.u.s.tration: 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 a.n.a.lysis 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 b.l.o.o.d.y 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 Sat.u.r.day 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 pa.s.sage 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 ma.s.sive 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 Sat.u.r.day 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 inst.i.tuted 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, c.o.x 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: