The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-12-13
Governor Bradley Says He VIII Sign
the Death Warrant Himself. but the
Date Not Yet Fixed.
LIKE HARDENED CRIMINALS
WALLING AND JACKSON DID NOT
FLINCH ON HEARING THE NEWS.
They Were Playing Cards in jail
with Another Condemned Man,
and Never Quit the Game.
Special to the indianapolis Journal.

Special to the indianapolis Journal.
FRANKFORT, KY, Dec l2.-Justice has
decreed that .Alonzo Walling shall say fare
well to life. that his valedictory shall be
from the gallcws. This is Justice Hazel
riggs finding in the Court of Appeals
made public at 1920 o'clock this morning
Walling followed the advice OF Scott
Jackson in bringing death to poor Pearl
Bryan and must pay the penalty with Jack
son. There was no excitement when Judge
Hazelrigg solemnly and with "a touch Of
sadness spoke the words that doomed WALL
ing to murderer's grave. The little COM
pany of spectators stood unmoved as
though transfixed and overawed, while the
words that would kill the last ray of hope
in the condemned mans breast and break
a mothers heart went speeding over the
telegraph wires dimly heard in the corridor
outside the court room.
The trap of the judicial gallows has
fallen on Walling and jackson alike. The
court, the highest in the commonwealth.
cannot be appealed from; its decree is final
and its word is law. A motion may be filed
for a rehearing Of the appeal. but IL is said
by those whose knowledge Of the law and
evidence in the case cannot be overesti-
the Court CT Appeals for either Jackson or
Walling. Both of the famous cases now go
to the office of Governor Bradley. the chief
executive of the State. who according to
the statutes, sets the day for the execution
of the condemned men. Should he decide
that death shall be their fate. it Is more
than probable that both will swing into
eternity at tho same time, perhaps before
he ST -
granted.
The scaffold. according to law. shall be
erected in the jail yard of Campbell
county at Newport, and Sheriff Plummer
is the official who must send both men into
eternity.
Governor Bradley, who has been the
guest of friends at Garfield place while
undergoing treatment for his throat to an
intimate friend admitted the other morn
ing that he will personally sign the death
warrant of Scott jackson and Alonzo Wal
ling and that he will set the date of their
execution. Governor Bradley will stay in
Frankfort for that purpose and this duty
will not fall upon Lieutenant Governor
Worthington. While Governor bradley
simply made this statement during
friendly call, he also intimated that the
time of their execution would be set before
the rush incident to the holiday season.
The opinion is strengthening here that
no particular effort beyond the Appellate
Court is to be made in the case OF either
Wailing or jackson. Clerk Adams will de-
liver the mandate to Governor Bradley In
the jackson case Monday, and in the Wal
ling case on Wednesday. He has heard
nothing whatever from either Colonel
Crawford or Colonel Washington. attor-
neys for the twice condemned murderers
OF Pearl Bryan.
1t is the opinion here that Jackson and
Wallng will confess, now that they are
certain to hang, and this feeling is shared
in by several judges of the Court Of APP
peals. A judge said to reporter to-day:
They are as guilty as can be, and while
they may hold their nerve for a while. they
will finally tell the whole cruel story There
is nothing more true than the saying, muir
der will out"
DECISION SUMMARIZED.
An abstract OF opinion of the court by
Judge Hazelrigg is follows: ''Wslling's
connection with the movements OF the Tnur-
dered girl during her stay in cincinnsti.
and his attempts TO dispose Of her effects
after the murder are clearly established
by the proof TO say nothing of the direct
proof of the negro cab driver. The verdict
cannot. therefore be disturbed for lack OF
evidence to support it. The sufficiency OF
the indictment and correctness Of
the instructions have been carefully
reviewed I'm the Jackson case, and
these grounds need not be con-
sidered further. The same is true OF the
statement OF the accused TO the officers and
reporters. They were made freely and vol
unfairly The statements OF the accused
to the witness Albion that he intended to
stay at Heider's on Thursday night may
be competent but its exclusion was not
prejudiciai TO his substantial rights. The
proof comes suspiciously near showing
Albion himself connected with the crime or
of having a knowledge of Jackson's and
Walling's connection with IL. IL such a
statement was made. IL Walling had
such an intention. the proof Is clear hat
he abandoned II, and did not in fact stay
there that night. While this court Is not
the trier of facts, we are authorized TO
determine what errors affect or do not
affect the substantial rights OF the accused.
and perceiving no errors TO the appellants
prejudice in this record, the Judgment -
affirmed /"
Whe Colonel George Washington was
notified OF the Walling decision he said that
there would be no appeal TO the United
States Court. but that he would make an
effort TO get rehearing before the Court
of Appeals. An effort was made TO see Mrs
Walling but she Is so prostrated that IL
was thought dangerous TO inform her as %
her sons impending doom.