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
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