The Birmingham age-herald., 1921-01-26
HOT FIGHT EXPECTED

Tho preliminary skirmishing at the arraignment yesterday indicated that one or the hottest legal battles in the history Of the state is to be Maged here Attor- neys for the defense surprised the state by entering plea of abatement. ana by making the point 'aat the jury law requires that the names of jurors shall be drawn from the jury box by both judges in circuits having two. as the Fourteenth has. The law was passed ir 1909 and has never before been at tackled, 1t was stated, so far as this dua! drawing is concerned, and an interesting question has been raised.
 The constitutionality of the jury law was also attacked, the defense alleging that it carried no caption. But the two pleas that Judge Sowell considered Of most moment, and which will be argued before jury next Monday. aver that the law had not been complied with in drawing the panel for the special grand jury or in drawing the grand jury it. self. The state is willing for this point to be determined by actual evidence to be presented to the jury and If it loses to have the accused re-indicted and an- other trial date set
 STARRING FOR TIME
 The attorneys for the defense are spar ring for time. They want the trial post poned. The state, on the other hand IS eager to have it's evidence in the hands of a jury at the earliest possible mo- ment. This was brought out when the motion for postponemcnt was argued yesterday afternoon before Judge Sowell The defense opened the argument and closed it. Several or it's best lawyera sought to convince the court that tho best interests of justice would be screwed if more time were granted. 'Twenty or SO days continuance was pleaded fer.
 1t was contended that to hurry the prisoners to trial would be judicial moo- hery; it would be taking from them the. right to prepare an adequate defenss. The defense claimed that until last week it had not been permitted to confer with the accused guardsmen, and that the boys had been kept in seclusion and even their parents not permitted 10 see them. At least two witnesses were out of the state, it was claimed, and could not ar rive In time to appear on the stand.
 Judge Wilkinson at first merely asked the court if it desired to hear from him Tho reply was in the negative and the special prosecutor said nothing, while Judge Sowell announced from the bench that the trial would, go on as set. But somehow the argument was resumed. other attorneys for the defense taking part and strengthening the previous plea. Voices that had been low were raised. Oratory burst forth.
 WILKINSON TALKS
 Then Judge Wilkinson replied His voice rang as he proceeded to charge that Tuscaloosa was trying to raise a slush fund.- to defeat the ends of justice; that money had been raised and was being raised to, retain almost "a regiment of at- torneys" for the defense; his assertions were similar to those he had made in ytatement earlier in the day in The Age Herald. The special prosecutor declared that he, as much as anyone. was anxious for the accused to have fair trial, and in this connection recited the fact that he had agreed to change of venue. lie declared that it had been practically agreed last week at Jaspef that the hear- ing should begin January 3l. anu that at- torneys for the defense were present