The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-05-10
They VIII Not BE Read Until Monday
Owing TO Time Lost Yesterday
Defeating the Points.
GREATCROwD DISAPPOINTED
THE PUBLIC EXPECTED COL. CRAw-
FORD WOULD SPEAK SATURDAY..
Col. Nelson, Attorney Hays, Of Green
castle, and Lockhart VIII Also
Speak-Fight for the Reward.
Al 70 the Indiananolis Ionrnal.

NEWPORT. KY, May 9.-The great legal
battle in which the life OF Scott Jackson
is at stake is about TO close. To-day was the
beginning OF the end. and hundreds packed
the Campbell county courthouse TO hear the
final efforts OF abe attorneys to impress the
jury Of the guilt or innocence OF the human
being whose life hangs In the balance. But
they were all disappointed. as the lawyers
got into a dispute over the courts instruc-
tions. ard the entire day was frittered away.
The instructions will not now be delivered
until Monday. after which the attorneys
will make their arguments.
Up TO the very hour of opening OF court It
was impossible to learn how the arguments
were TO be made. 1t was first rumored that
Colonel Crawford would make the opening
prosecution. COMMONWEALTH Attorney Lock-
hart making the CLOSING. but 1t was rumored
that this programme had been changed and
that Colonel Crawford would simply make
the opening for the defense and Coloz-S
Iockhart the closing for the State. but Col
onel Lockhart. the only man who is an
authority on the matter. declined to give out
any information about the arrangement.
Strong influence was brought TO bear on
comrnonweaith's Attorney Lockhart Friday
night to get him to allow Colonel Nelson
to make an argument for the State.
delegation of citizens, with Mr.. and AIRS.
Bryan. appealed to him to make arrane--
ments for Colonel Nelson TO address the
Jury. and Il Is more than probable that the
silver-tongued Colonel will be heard in be-
half of the prosecution. Colonel Crawford
stated that he would make no objection 70
such an arrangement, and II is generail-
understood that Judge Helm will allow aa-
most unlimited speech-making. IL is be-
lieved tonight that the probable order Of ar
guments win be Lockhard first. Hays second
for the prosecution. Colonel Crawford for
the defense, Colonel Nelson closing for the
prosecution. Crawford Will be given as
much time as that of the three speeches OF
the prosecution.
The court room doors were thrown open
shortly before O'Clock, and the court room
filed quickly. Among the first 10 arrive were
Mr.. and Mrs. Bryan, parents OF the MUIR
dered girl. and her two brothers, Messrs.
Fred and Frank Bryan. They had hardly
taken their seats when Mrs. Jackson, very
pale and leaning heavily on the arm Of her
daughter, Mrs. Or. Edwin Post, slowly >e''s
tered the court room and took their seats
adjoining the empty chair OF the prisoner.
They were accompanied by Mrs. Dr. Lewis
and Professor Post Joined them few min
utes later.
THE CROWD IMPATIENT.
There was a long delay in beginning sthe
proceedings, and the big crowd in the court
room began to grow impatient At $40
Colonel Crawford entered. and after another
long wait Colonel Nelson and Colonel Lock-
hart came in.
Ii was just 10 o'clock when Judge Helm en-
tired and court was called TO order. Jackson
was brought in and took his seat next TO his
mother Judge Helm then called for afgu-
ments IL there were any, on the courts in
structions 10 the jury. Colonel Crawford an
nounced that he would first read the instruc-
structions, but Judge Helm stopped him.
Then a half-hour's conference with the
Judge further delayed proceedings Jackson
during this time amused himself by reading
the newspapers and chatting with his
mother.
Attorney Crawford went up to Judge Helm,
and with the typewriter instructions be-
tween them, Jackson's lawyer argued earn
estly in q low tone. His face was worried.
tions were damaging 20 his client. As Law
yer Crawford returned TO the law books at
his table for moment. the prisoner leaned
the cause of the delay.
Attorney Crawford finished his investiga-
court the oonsutaton sa In Chambers
yesterday" he said, 81 thought there would
be no argument TO make THIS morning, and
80 SOL: I was mas aSt ; prepared to argue the instruc-
Judge Helm said ne would include instruc-
tons for voluntary manslaughter, and
asked for an instruction telling the Jurors
that IL they did not believe the girl was
killed by the decapitation and killed in Ken
tucky, they must return verdict for the
defendant.
Colonel Nelson objected TO such instruc-
tons and argued some time against them
Without deciding the point. Judge Helm ad-
Journed court until o'clock.
Anothe big crowd pushed its way into the
court room when the doors were opened for
the afternoon session, and by the time court
called to order there were few, II any.
Ssnaad sfs's Ss ~ ne fSr the esa sn
prosecution the instructions he mad pre-
pared for the jury. There was another long
structIons. The following are the instruc-
tions in fun:
THE INSTRUCTIONS.
'F'irst-If the jury believe from all the ev-
idence beyond a reasonable doubt, that the
defendant. Scott Jackson IN this county and
State. before the l4th day of February. 1896.
did willfuly. felcniously and with malice
aforethought, with a knife or other sharp
instrument, cut the throat OF Pearl Bryan
So that she did then and there. and because
thereof. die. they will find the said Scott
Jackson guilty of murder.
''Second-If the jury believe from all the
evidence that one Alon=o Walling IN this
county and State before the 18th day OF Feb
ruary. 1Sso, with a knife or other sharp in
strument cut the throat OF Pearl Bryan.
so that she did then and there and because
thereof, die, and also believe from al the
evidence beyond reasonable doubt that the
defendant, Scott Jackson, was then and there
present, and willfully, feloniously and with
malice aforethought, aided or abetted said
Alonzo Wallirg In cutting her throat. in
tending that said Alonzo Wailing should
thereby XIII the said Pearl Bryan, they VIII
find said Scott Jackson guilty OF murder.
..Third-lf the jury believe from all the
evidence beyond a reasonable doubt that the
defendant, Scott Jackson. willfuliy. felon-
iously and with malice aforethought. him.
self attempted. or aided. CT abetted. or c0un-
seled, or procured another TO attempt TO kill
Pearl Bryan. but that she was not thereby
killed. and that said Scott jackson in this
county and State before the lfth day Of
February, 1896, believing said Pearl Bryan
had been killed. for whatever purpose cut
ner throat with knife or other sharp in
strument so that she did then and there and
because thereof die. they will ind the sad
Scott Jackson guilty OF murder.
"Fourth-lf the jury believe from all
the evidence beyond a reasonable doubt that
the defendant. Scott jackson. feloniously
and with malice aforethought. himself al
tempted, or aided. or abetted. or counseled.
or procured another 10 attempt 10 xiii Pearl
and that one Alonxo Walllng. In this county
and State. before the lith day OF February