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.