FREE BOOKS

Author's List




PREV.   NEXT  
|<   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77  
78   79   80   81   82   83   84   85   86   87   >>  
s, M. R. Lockhart, Commonwealth's attorney and Col. R. W. Nelson, appeared in court and demanded the custody of the prisoners, presenting the requisition papers, properly approved by Governor Bradley, of Kentucky, and Governor Bushnell of Ohio. The prisoners were represented by Judge James D. Ermston, of Cincinnati, and Messrs. Andrews and Sheppard, of Hamilton, O. A bitter fight was made, but right and justice won and after a fierce legal battle between the opposing counsel, Judge Buchwalter rendered a lengthy decision remanding the prisoners to the custody of Sheriff Jule Plummer, as the agent of the Commonwealth of Kentucky. He also dismissed the habeas-corpus proceedings which had been instituted but granted a stay of the executive of his orders for eight days to give the attorneys for the prisoners ample time to appeal the cases and take them to the Circuit Court. Judge Andrews for the prisoners, announced that the bill of exceptions to Judge Buchwalter's rulings, would be prepared at once for presentation to the Circuit Court. The case was at once taken up on appeal and on March, 14., Judges Swing, Cox and Smith of the Circuit Court of Hamilton County began its hearing. When the higher Court convened an immense throng crowded the rooms, the most noteable among the spectators being the aged father of the murdered girl, Alex. S. Bryan, his three sons, Fred, Frank and James, and ten other gentlemen, who had come from Greencastle, Ind., to Cincinnati, to lend their aid to the prosecution of the prisoners. S. A. Hayes, one of the brightest legal lights of Indiana, was one of the party and he will doubtless aid the State of Kentucky in the prosecution of both Walling and Jackson when they are put on trial for their lives. ALLEGED ERRORS SET FORTH. The grounds of error set forth were as follows: "That there is manifest error in said judgement and proceedings at, by and before said Court of Common Pleas in this to wit: "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
PREV.   NEXT  
|<   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77  
78   79   80   81   82   83   84   85   86   87   >>  



Top keywords:

prisoners

 
Kentucky
 

custody

 

Governor

 

Common

 

Circuit

 

proceedings

 

plaintiff

 
judgement
 

prosecution


Buchwalter

 

evidence

 

Hamilton

 

Commonwealth

 

appeal

 
Andrews
 

Cincinnati

 

remanding

 
noteable
 

doubtless


Indiana

 

brightest

 

father

 

lights

 
Greencastle
 

spectators

 

gentlemen

 

murdered

 

restoring

 

liberty


defendants

 

discharging

 
defendant
 
submitted
 

weight

 

contrary

 

ALLEGED

 

Walling

 

Jackson

 

ERRORS


manifest

 
issued
 

grounds

 

fierce

 

battle

 

opposing

 

justice

 

counsel

 
rendered
 
dismissed