rom the start it was evident a big legal battle was
on and that every effort, would be put forth to them, not only to save
the murderers from paying the penalty of their horrible crime but also
to keep them from being sent to Kentucky, where in the eyes of the law,
the crime had been committed and the only place where they could be put
on trial for their lives.
Notwithstanding Gov. Bradley of Kentucky, had promised that he would put
the entire Militia force of Kentucky at the command of Sheriff Plummer
to protect the prisoners from violent deaths at the hands of a lawless
mob, the attorneys for the accused made the claim, and attempted to
prove it, that the lives of their clients would not be safe in Kentucky.
Habeas corpus proceedings were resorted to and every scheme and plan for
delay was brought into play. A fierce and bitter legal battle was fought
between the attorneys for the prisoners and those for the state, before
Judge M. L. Buchwalter of the Hamilton County, O., Court of Common
Pleas.
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
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