The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-12-09
A1OnxO Walling's Case Practically Set
tied by Same Decision, but the
Young Man Doubts 1t.
THE DATE OF THE EXECUTION
1T IS NOT LIKELY TO OCCUR UNTJI
AFTER THE HOLIDAYS.
Sheriff julie Plummer Says He Has n
$500 Offer Already for the Rope
STORY of the Crime.
Special to the indianapolis Journal.

Special to the indianapolis Journal.
FRANKFORT, KY. Dec S.-Scott Jack
son and Alonzo walling must die for be-
heading Pearl Bryan, the unfortunate In
diana girl who was Iured to Cincinnati and
then to Newport, KY, where she was
cruelty murdered. The sentence of death
passed by the Campbell County Court has
been affirmed by Court of Appeals. and il
now rests with Governor Bradley to fix
the date of execution. Judge Hazelrig
read the decision of the court an abstract
OF which is given below. The decision was
based on the Jackson case. but it also COW
ers the appeal of Walling's attorneys.
The abstract follows:
=, Drief summary of the facts in the case
III III, w which Scott Jackson is charged Jointly
nltI AionZo Walling with the murder of
Peari Bryan shows that on the morning of
@ Fep' l, 1896, the headless body of a woman
Naynout NaS nouhd on the farm of one Locke, near
MMS,Wport, M,, IN Campbell county, Kentucky.
While the head could not be found
mark or the shoes found on the body led
10 It's identification as that of Pearl BRYAN,
a young girl of Greencasrle. Ind The
quantity OF blood led the authorities TO
proceed on the theory that the murder for
in uon ramnhaH IL IhnlHnendiy was had been committed
n IN CIaInppelI county and at the spot where
the body was found. The autopsy disclosed
cocaine in the stomach. and also that the
glrI was with child, healthy foetus of
some hve months development being
found. which had evidently been alive until
the mothers death.
The inquiries leading to the Identification
OF the body led to the discovery that Jack
son mad probably been the author of the
girls ruin and further that she had been
brought TO Cincinnati at his instance in
order to be relieved of her trouble or she
herself got rid of by some means. The
girl applied to Jackson on her arrival in
the city, and she and Jackson and Waliing
| the friend and associate of Jackson. were
seen by number of people during the
week preceding her death. Some direct
proof connected the two men with the girl
| on the very night of her death but the
| prosecution rested chiefly on circumstantial
| satchel and clothing by the two immedi-
ately after her death and their desperate
| enorts to dispose of them is graphically
"A trial resulted in verdict of guilty
and the appellant was sentenced to be
hanged. The alleged errors during the
trial are numerous. but none of them is
"First-The Indictment is sufficient. and.
| In fact; its accessory and conciseness of
expression are to be commended.
"Second-The zeal of the sheriff i'm per-
forming only his duty, though it led to
crime. cannot be urged as sufficient cause
for his removal from attendance on the
trial, and from the performance of his
| usual duties connected Herewith.
| ''Third-The ticket system of admission
was adopted only to prevent the over
crowdng of the court. and. in no sense,
1
! ing of the Constitution.
| .Fourth-The rulings of the court i'm ad-
| hitting testimony, and In rejecting IL dur
| ing the trial, are free from substantial
| error.
"Fifth-The instructions given cover the
| different phases of the case and the facts
| suggested in them arise naturally out of the
proof and will embody correct principles
| of law.
impartial trial, and the Judgment is af-
| firmed."
| 1t now devolves on Governor Bradley af-
| ter receiving notice of the judgment of
| the Court of Appeals from the clerk, to
| fix the day and hour for the execution.
| There is said to be no ground for carrying
| the case to the United States Court and
| the Governors warrant for the executions
| must issue. The law requires a judge, in
| sentencing a criminal, to allow not more
| than ninety nor less than twenty days after
| sentence. The only restriction upon the
| Governor is that he shall not appoint a
day earlier than was appointed by the
| court. That day has already passed.
| Governor Bradley is just now too Ill to
| attend to official duties and in his absence
| it devolves on acting Governor Worthing-
ton to issue the death warrant, and he will
| doubtless be asked to extend the executive
| clemency. Governor Bradley has already
| partially passed on the case, and 1t is safe
| to say that acting Governor Worthington
| will not interfere with the judgment of the
court. He will probably issue the death
| warrant this week and fix time for execu-
| tion. The Court of Appeals will send the
| record and opinion to the executive Office
| as soon as the opinion shall be copied.
| Governor Worthington has already had Pc
| titions and letters asking that mercy be
| shown to Jackson. Many of these came
| from anonymous sources. Governor Worth
| ington has expressed no opinion as to what
ne will do in the case. ard he will probably
not do so until the matter shall come be-
| fore him for official action.