"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 pet.i.tion 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 advis.e.m.e.nt 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."

WILD DRIVE TO KENTUCKY.

St. Patrick's day, March, 17., 1896, will ever live green in the memory of Alonzo Walling and Scott Jackson. It was on this day they were taken to Kentucky, quietly and without much ado. Sheriff Plummer appeared at the Hamilton County, O., Jail in Cincinnati, and the prisoners were given in his charge. Walling was at once handcuffed to Detective Crim and Jackson to Detective McDermott. The crowds about the Jail and the reporters had no idea what was going on until patrol wagon No. 3, backed up to the door and Sheriff Plummer, followed by his prisoners and the detectives went to get in. Immediately the crowd went wild and a mighty yell went up. "They're going to Kentucky," was yelled by a thousand voices. Cabs were telephoned for by reporters, spring wagons were pressed into service and before the officers and prisoners could get in the patrol wagon fully twelve or fifteen vehicles were ready to follow.

The horses were forced to a run and those following increased their speed accordingly. The crowd increased. Fear was unmistakeably seen on the countenances of both prisoners. Down Sycamore Street to Eighth the horses went on a wild run. Before reaching Eighth Street, Sheriff Plummer said that it would be impossible to thwart the fast increasing throng and in order to throw them of their guard, ordered the driver to turn west off Sycamore on Eighth and drive to Central Police Station. A large crowd awaited them there and the prisoners were quickly hustled into the cells. The crowds increased until the large iron doors had to be closed to keep the crowds from the driveways and corridors of the big City Building. The prisoners were kept there for two hours or more.

Every movement of the officers was watched closely, especially by the reporters. Detectives Crim and McDermott, went quickly to the cells where the prisoners were confined, and without any notice, the prisoners were again handcuffed to them. Suddenly the large iron doors flew open, and patrol No. 1, dashed into the court-yard, when the party was again loaded in quickly. Once in the wagon, a wild drive to Newport was made.

East on Eighth Street to Broadway dashed the team of splendid police-horses, down Broadway to Second and over the Central Bridge on a full run thence up York Street in Newport, up to Third to the jail.

Everywhere the people stopped and stared at the strange chase, as patrol and vehicles containing press-representatives galloped by, throwing mud and snow in all directions, and unconsciously the correct conclusion was arrived at in nearly every case--that Jackson and Walling were being taken across the river.

The Newport jailer had been notified that the men were on the way over, but he did not expect them as quickly as they made the journey. It was but about four minutes after 4 o'clock when Patrol No. 1, dashed up to the entrance to the Newport jail, the run from Ninth and Central Avenue having been made in less than fifteen minutes. On the Central bridge the horses broke into a gallop, and everybody in sight began to run. Before the Newport end was reached a surging crowd pushed up York and down Third Streets upon both sides, but they were not fast enough for the horses.

When the trip to Central Station became known in Newport the news spread like wildfire, and soon a crowd of at least one thousand people had a.s.sembled and impatiently awaited the coming of the prisoners, the unusual activity at the jail indicating that they were to be brought there.

Policeman patrolled Gate Street and kept the people constantly moving, while the door of the jail office was locked and admission refused to everyone, even reporters being excluded.

About 4 o'clock there was a cry of "Here they come!" from the people on York Street, and in a few seconds patrol No. 1, turned the corner and dashed down to the jail entrance. As the patrol wagon turned the corner the crowd closed in and hurried after it, to check it, and when the jail was reached the entire street was blockaded.

Sheriff Plummer stepped from the wagon, and was closely followed by Walling, handcuffed to Detective McDermott, and Jackson, handcuffed to Detective Crim. Both prisoners were pale and trembling, evidently believing that the crowd was there for motives other than curiosity.

There was no demonstration from the people, and the prisoners were quickly hurried into the jail-office and the door slammed and locked in the faces of the crowd of reporters who attempted to enter.

The Newport Jail is by no means a desireable place of confinement from a sanitary point of view and is poorly ventilated. Both prisoners keenly realized the great change in their accommodations. Regarding this Jackson said:

"This is quite different from the Hamilton County Jail, where everything was at least nice and clean. If I could only exercise a little it would not be so bad. I am really losing the use of my legs, and I cannot see what harm there would be in allowing me to walk in the corridor with one of the guards. I am glad that we are to be taken into court on Monday.

That will be at least a little relief."

"What plea will you enter?"

WILL NOT PLEAD GUILTY.

"Oh, that, of course, will be for my attorney to decide, but it will certainly be not guilty."

When Walling was seen, he appeared to be in much better spirits than Jackson. He was lying on his cot, deeply interested in the novel which he has been reading for the past few days. He arose and pleasantly greeted his visitor. When asked as to how he liked his quarters he replied:

"Oh, I suppose I have no kick coming, although they are not as good as those across the river."

"What plea will you enter next Monday?"

"Not guilty, of course. What other plea could I make. I tell you that I am not guilty of that murder and I fully expect to be cleared."

Arraigned in Kentucky Court Monday, March, 23., the murderers, spent the first hour outside the prison walls since the transfer to Kentucky. That hour was spent in appearing in the Circuit Court room of Campbell County for the purpose of entering their plea to the charge of murder placed against them by the Kentucky authorities.

In the court-room by 9:30 o'clock the three hundred privileged ones who had obtained tickets of admission had taken their seats, and every seat was taken excepting the four on the jury gallery reserved for the prisoners and their jail attendants. There were not more than twenty women among the spectators.

Within the iron-rail-bound quadrangle in front of the Judge's desk thirty or forty members of the Campbell County bar sat, while ranged behind them and just within the railing was a row of tables for the reporters and artists.

Occupying the front chairs in the quadrangle were the attorneys in the case: For the Commonwealth, Messrs. M. R. Lockhart, Ramsay Washington and Colonel William Nelson; for the prisoners, Hon. L. J. Crawford, representing Jackson, and Colonel George Washington, representing Walling. In a few minutes Judge Charles J. Helm and the Clerk of the Court, A. L. Reuscher, entered and took their seats and at once opened the Court.

Fifteen minutes were spent by the Court disposing of routine business and several minor cases before his honor said: "I will now call the cases of the Commonwealth vs. Jackson et al. Mr. Sheriff, bring in the defendants."

Everybody was at once on the alert, and all eyes were turned to the door leading from the corridor. Instead of going toward that door, however, the Sheriff threw open the ante-room door and out walked Jackson, attended by Jail Guard Veith. Jackson walked quickly and without any evidence of the weakness in his knees of which he complained several days ago. A few steps behind Jackson came Walling, attended by Jailer John Bitzer.

When they came into the room, both men were pale, but that haggard appearance which distinguished them when they were in the Cincinnati Courts was gone. They both looked well and gave evidence that they enjoyed their Kentucky fare. Walling retained his paleness throughout the proceedings, but Jackson, after taking his seat and looking over the a.s.sembled crowd, flushed up a little.

"Stand up," said Judge Helm to the prisoners when the rustle occasioned by their appearance had subsided, "You are arraigned--"

Colonel Washington interrupted the Judge here to say that he wished to enter his demurrer to the indictment before the arraignment. He was overruled.

BOTH PLEAD NOT GUILTY.

The men were then arraigned and asked to plead.

"Not guilty, as to Walling," said Colonel Washington.

"Not guilty, as to Jackson," said Mr. Crawford.

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."