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From August 16, 1845, until March 16, 1846, and from March 16 until July 28, Kitty and her children waited in jail. For her stay, she was charged 20 cents a day board for herself and 15 cents a day for each of her babies by jailer Absalom Dillard. When the jailer presented his bill for $162.75 to the court, Judge Field ordered Kitty to pay.
The trial took place in the summer of 1846 with Kitty represented by a courtappointed attorney, Zeph Turner Jr. On the all-white, all-male jury were George Eastham, Alexander Burgess, William Dudley, Thomas H. Martin, John Browning, John Hopper, James O’Bannon,
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