The Birmingham age-herald., 1921-02-02
COURT SUSTAINS STATES OBJECTION
 10 DEFENSE QUERY
Lancaster's Name Brought Into Testimony First Time When JaiIer Says He Visited
 Prison Prior to Lynching
By FRED H. GoRMLEY


 l Special. )-Efforts of the de-
 fense of Robert l.. Lancaster, first of the nine soldiers placed
 on trial on indictments charged with the lynching of Will
 Baird, striking coal miner in 1 Walker county, to bring into
 the case the alleged connection of the United Mine Workers of l America in the prosecution
 failed Tuesday afternoon when
 the court sustained objection
 of the state to questions pro- pounded to Coroner A. B. Legg of Walker county. 1 The defense sought to show that
 Coroner Legg stnrted his investi- gation of the Iynching of Baird at 1 the instance of the miners organ ization and that the coroner per-
 mftted corNisei for the organization to remain with his jury during the investigation.
 i Judge Horace c. Wilkinson. speciai counsel for the state. jumped to his 1 feet with an objection, urging the court to instruct the jury not to con- lsder such questions, and the attor- Ineys not again to propound them. The Icourt sustained the objection of the state without giving any instructions to the jury or saying what the court Twin do with further questions of the Isame order.
 The question brought the second de- !velopment of the afternoon. The r 2 came during the examination ofI s first witness after the state/ Ad proved the corpus delicti. It brls
 into the testimony the name of ees geant Lancaster for the first tim 1 J. F. (Bud) Sides. jailer in WI Wl4sr county on January I5, the mot Baird was removed from the cd sl jail, shot by six masked men, tes fled that Lancaster was one of tF soldiers who had visited the ia few days before,s and had Iooke Baird through the bars. Sides testified that the six men who
 moved Baird from jail were drd a < in civilian clothes; that one vol dark overcoat, and that all wore m fa made of handkerchiefs or towels Hs their faces.
 The taking of testimony began I during the early afternoon nfter
 the defense had abandoned n plan l 70 challenge the. right of Judge
 Horace c. Wilkinson to continue in the case nfter the court hnd In-
 structed the jury to find verdict l for the state on pleas of abnte- I mcnt. which had been filed by the defense. <
 The decision on the pleas took only Ia few minutes, and the jury rendered tits verdict from the box. It came after the state and defense had pre- ipared an agreed statement of facts showing that Judge r. l.. Sowell who lis presiding at this trial drew from the jury box the names of the men lcomposing the grand jury, and that Judge James J. Curtis. the other judge |of the circuit, was in the Tenth judi |cial circuit while the names were 1 drawn. This agreement saved the lsubmission of testimony regarding the fact. which the defense claims <invali- dated the indictments against the soi- ldiers. On the courts affirmative Icharges for the state and the ve.dict Iof the jury the defense may appeal 10 Ithe supreme court if the final verdict lbe against it. thus protecting the He~ lfendant, but saving time In the trial
 JURORS ALL FARMERS 1 Every member Of the jury which Twill determine whether or not Lancas- ter is gully of participation in the l1ynching of Baird after he had Eeen imprisoned on charge of murdesins Private James Morris. member of tha lcompany with which the defendants iwere on duty. is substantial farmer of Marion county, and officials. after the jury was selected, declared no bet- ter jury could have been organized for any case in the county Every snemS Der resides north or west of Hamilton. and far removed from the only coal mine in the county, which is located au | Brilliant
 \ The jury took the oath at 255. and 1 every man in the box is older tkAd the defendant, who is only 22. Tha ljury is composed as follows: John C.. Markham, Bear Creek Murrell Clay Iton, Bexar; Robert T. Chandler. Bexar; w. Baze Johnson, Bexar; Henry w. Frye. Hamilton; Dave Young. Hamii- ton; Lee Lundy. Detroit; Daniel Har< |per; Hodges; John Carter, Detroit; IA Daniel Todd, Detroit; William s. 1od< ifrey, Hamilton, and Earl Harper. H4c- lkleburg. < The duty of striking the jurors ion the defense fell upon Earnest B. Fitey member of the house of representa- Hives from Marion county, and an &1@l torney who has practiced in the couns ty throughout his mature years Foo the state. the jurors were struck ys. Judge Wilkinson with the assistanco Iof w. c. Davis and J. Nj. Pennington.
 Who practice in Marion county. but who reside at Jasper.
 PREPARED FOR FIGHT Indications throughout the day were Ithat the defense will fight efery linen tof the ground, and that att4@tneys fof the state will not be permitted tu show any consideration whatever fo1 the defense. During the morning tho idefense announced ready with ho Gtstatements that Virgil Dill. an lmpor, liant witness, had not been summoned through error. Judge Wilkinson of$ Ifered to send special deputies to Walk< Ter county for him.
 ~We aen't want tke statS ts ds it.'' retorted senator A. V. Cor nAiehael. #
 sIa not the court part ~ no I statess eueried Jodge WtlkinSon. l "I hepe not.lsas 1t ts orunnlneS ! new.S answef<d senater Cur I nlehaeL
 4 The state proposed special Qneotion Ito every venireman. This question onao1 l he jurors if they would hann lnncSa{ ter fl F were shown beyond rea1ont