The Birmingham age-herald., 1921-01-18

|, capitol Monday morning. All officials ! and employees had read in morning news
 papers of the arrest of 10 members of
 the national guard on charges of com
 plicity ill the lynehing of William Baird,
 striking miner; of the confession of Les- 1 lie West, chauffeur duplicating the
 guardsmen, and of the tenseness of the l situation resulting from the latest de- velopments in the strike in the coal dis trict.
 ] Governor Kilby has been touched as if i by an arrow. No one suspected until the investigation began to reach the climax
 that there could be any implication or
 the soldiers in the plot, and even now
 the state officials hope that an error has
 been made, though realizing that devel-
 opments probably will increase rather than decrease the circumstantial eyi-
 dence.
 i Governor Kilby is determined that those charged with the murder of Baird shall be prosecuted to the end Through 1 out the morning he informed various per
 sons who discussed the situation that the
 state must be relentless in it's efforts to { develop all facts and to prepare them for submission to jury which will try the i guardsmen.
 My instructions immediately after the l lynching of Baird was reported to me
 were that every effort should be made i to gather evidence against any persons
 who might be connected with the crime | and that the prosecution should be carried on to the end, regardless Of the
 position in society of the persons accused
 of the offense." said Governor Kilby. i "The latest developments are shocking 1 beyond words of expression. but l re- | iterate my previous statement that the ! state is determined to pursue this case 1 to the finish in order that justice may
 +ls, rrNxr. ernment and the law maintained It is not my desire or intention to comment | on the arrest of the soldiers. jury must determine their guilt innocence But since arrests have been made ana orfession involving the men has been given, it is my determination to lend every assistance possible to the prosecu- tion of the case. There can be no white washing on this matter. It can end only when there has been finding by judicial body which has been sanctioned by and has the support of the govern ment'
 It seemed to be agreed that a motion will be made at once for a change or venue whereby the soldiers would be tried in a county other than Walker which has been the storm center of the strike district for several weeks Any person accused of felony may ask TOT a change of venue to another county when he does not believe he can receive a fair trial in the county in which the crime is alleged to have been committed If is within the discretion of the trlal judge to grant or refuse the request. 1T it is refused and the defendant con victed, he may appeal to the supreme court with the allegation that the lower court erred in refusing the request. If a change of venue be granted, the trial court may say where the case snaH be tried However. the code requires that the trial shall be in the county nearest the county of the crime when an agreement can be made between the state and defendant In other words, IT the state and defendant do not agree on tbe county adjoining, the next will be considered and on and on until there IS an agreement on d county.
 J. O. Smith, attorney general, also sup ported Governor Kilby in his declaration that there would be no whitewashng or the affair. '"rhe state will pursue thls case and will make an effort to bring to the bar of justice every person connected with the lynching," said Attorney Gen.