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.