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The attorneys for the defense had selected Judge Buchwalter as the judge to hear their case for the reason that this same judge had but shortly before refused to deliver a prisoner, a negro fugitive, charged with murder, to the Kentucky authorities although Kentucky's Governor had made a requisition which had been honored and granted by Governor McKinley of Ohio.
Buchwalter held that the negroe's life would not be safe in Kentucky and refused to hand him over to the Kentucky authorities. This was a ruling without precedent and the attorneys for Walling and Jackson hoped to work on the Judges prejudices against Kentucky and obtain a similar ruling in their cases.
After hearing the arguments on this bill of errors, the Court took the matter under advisement until the Monday morning following when the three Judges of the higher court met and rendered a decision sustaining Judge Buchwalter and remanding the prisoners to the custody of the Kentucky authorities. Walling and Jackson were at once informed of the decision of the Court.
On April, the 30., the prisoners were brought before Judge Buchwalter, and Saturday March, 7., fixed as the date for hearing on the requisition papers. Rumors of all kinds prevailed, and squadrons of police were placed in line guarding closely every inch of the way from the jail to the court room.
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.
Habeas corpus proceedings were resorted to and every scheme and plan for delay was brought into play. A fierce and bitter legal battle was fought between the attorneys for the prisoners and those for the state, before Judge M. L. Buchwalter of the Hamilton County, O., Court of Common Pleas. Every technicality and motive for delay known to the law was resorted to by the attorneys for the defense.
The requisition papers issued by Governor Bradley of Kentucky on Governor Bushnell, of Ohio, had been honored by the last named official for weeks previous to the arraignment of Walling and Jackson, before Judge M. L. Buchwalter, of the Hamilton County Common Pleas Court. Interest in the case did not abate in the least.
Public sentiment however, was too strong, and no matter how much Judge Buchwalter may have disliked to honor a requisition from Kentucky, he saw that public feeling was in no humor to be trifled with in the case of the murderers of Pearl Bryan.
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