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."