oing 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
assembled 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."
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
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