The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-03-20

rlOb Violence.
NEWPORT (<y.), March 19.-ATl eff
forts having failed for interference to-
morrow in the execution of Jackson
and Walling for the murder of Pearl
Bryan, there is much excitement here
tonight over the coming event. Ever
since the arrival of the prisoners this
afternoon from the Jail at Alexandria
the Jail has been surrounded by large
crowds. Many are coming into the city
tonight, and enormous crowds are eX-
pected in the morning. Jackson and
Walling concede that they appealed tn
the court of last resort in vain, and
their doom is sealed
But they are as defiant and indif-
ferent as ever. Both of the men retired
after darkness, and were reported to
| be spending the night with their death
watch and the guards in their usual
manner. Z,
The militia arrived tonight, and are
on duty. Sheriff Plummer will not an
nounce the hour of execution. but it is
| thought that the men will be hanged
tomorrow morning early.
RESPITE DENIED.
FRANKFORT KyD, March 10
! Jackson and WaIling will both hang
tomorrow. The Governor has ordered
troops into Newport. A riot alarm was
counded, calling the militia together at
| : o'clock this afternoon, and before
them the Governor gave his final re-
| fusal to interfere in the Jackson and
| Walling cases.
The soldiers left at 3 o'clock. carry
ing with them the decision of the Gov
ernor, which said in so many words
that the execution must go on to-mor-
row.
The following is an excerpt of Gov
ernor Bradley's refusal to respite Jack
son and Walling:
Inc common law concerning thst-
| crime, admitted in the confessions to
nave been cimmitteed, is in force in
| this State. The confession shows that
| Pearl Bryan was killed by drugs adj
ministered to produce abortion If this
be true, she being quick with child, as
shown by the evidence, the child vas
also killed. Her death was caused by
drugs deliberately administered the
effects of which clearly manifests an
utter disregard for human life. The
agency employed was not only one
from which death or great injury
would probably result, but from which,
considering its rapid operation, death
would necessarily result Either the
physician who administered the drug
knew, or had every reason to suppose.
| 1t would cause death or should have
known it. Under either state of the
case he was guilty of murder. and
jackson and Walling were and are
| equally guilty under the statute of
Kentucky. All this must be conceded If
the confessions are true
The confessions, however, are incon-
slstent and contradictory, utterly at
variance with every statement that
each of the defendants made on the
witness stand. 1t is urged that this
should be overlooked, because they
were then swearing for their lives.
Concerning that their false statements
were made to escape danger then pend
ing, it may be we'll asked how much
greater is the danger that now con-
fronts them when they stand in the
shadow Of the gallows? If they are
excusable for false swearing then.
how much more are they excusatle
and how much more likely it is that
lHcy NOuIU speak false now?
The whole confession bears a strik-
ing similarity to the testimony of
George jackson, for it is now admitted
that the body was removed by both
jackson and Walling, and both were
present when the girl was decapitated.
thus destroying the defensive theory
on the trial that the tracks were made
by others than Jackson and Walline.
The note or letter said by WaIlfng to
have been received from DR. Wagner.
asking that the clothing of Pearl Brv-
an be sent to him, and stating that she
was under his care, is not produced nor
its absence in any way accounted for.
Not only is the confession a CONTRA
dlctlon of the evidence of both defend
ants, but fiat contradiction of the
letter of Walling, sent me only a few
Gays since, and claimed to have been
written by him under sense of RAPIDLY
approaching and impending death.
These men have not only trified with
human life, but have trifled with the
courts, trified with the executive. and
set at defiance the laws of God and
man. If it be established that one
criminal, after such conduct as this,
can by mere pretended confession
obtain a respite then every other is en-
titled to like treatment, and this would
result in frustrating justice and bring
| ing the execution of the laws into con-
| tempt.
Or Wagner is in the asylum. and is
the man of all others, by reason Of
his condition, at whose door the defend
ants would most naturally lay this
terrible crime. To grant respite in
order that the defendants might be
used as witnesses to procure his convic-
ton would result in delay of at least
year, as experiences in the trial OF
| defendants have demonstrated.
| I'm view of the various conflicts in
defendants statements, no jury would
! or could believe any statement that
either of them might made and conse-
quently Wagner would not be convict
| ed Such delay could result in no
good and could only add fuel to the
flames, and furnish further incentive
to mob violence in this State