A grand jury was assembled on May 11 in McLennan County and quickly returned an indictment against Washington; the trial was scheduled for May 15. The "Times-Herald" of Waco published a notice on May 12 requesting that residents let the justice system determine Washington's fate. Sheriff Fleming traveled to Robinson on May 13 to ask residents to remain calm; his address was well received. Washington was assigned several inexperienced lawyers. His lawyers prepared no defense, and noted that he appeared placid in the days before the trial.