"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 assiduously 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."