The Birmingham age-herald., 1921-02-23
NINE GUARDSMEN ARE DISCHARGED
 THEN REARRESTED
Intrepid Prosecutor Baird's AL legged SIayers Startles Court room By Sudden Action
 When Case Is Called
Fly FRED H. GoRMLEY

Hamilt n, February 22-(Speclal.) Judge Horace c. Wilkinson, special will seek the Hand of beginnin gagain" in an effort to con vict nine soldiers of Company M, Alabama national guard, of being members of the maskd mob which raidd the Walker county jail early the morning of January 13 and robbed it of Will Baird, striking miner, whose body, punctured many times with bull lets, was found beside the Jasper Gamble road few hours later.
 A surprise second only to the arrest of the guardsmen came upon the crowd in the Marion county court house at s:1o o'clock Tuesday morn ing, when Judge Wilkinson moved that the indictment against Sergeant Glenn R. Stephens, whose case had been set for trial this week. be mol pressed. NO sooner had this motion been made than the state. also proposed that the against the eight other de- fendants-Sergeant Robert J. Lancas> ter, Emmett Speed, Joe Key. Manley Sexton, Roy Patton, William Hamby, Clarence Richardson and James Frank lin-be cancelled
 COMPLETE SURPRISE
 For . few minutes after the re- quest had been made persons in the courtroom were stunned. so great had been the surprise. Even the defense had not been expecting such . move. Judge WilkinsOn then announced that warrant charging murder had been sworn out for each of the defend- ants--this bringing 70 the lighr the fact that the state will seek n new beginning. will seek n re- turn to the courts of Walker cOun- ty, and will resist any move to
 take the cases from that jurisdie- ton. Sergeant stephens. who had come into court. was immediately
 rearrested while the warrant was served on the other defendants in
 the Marion county jail.
 Judge T. L. Sowell issued an order removing the soldiers to the Jefferson county jail, giving the attorneys for the defense the right to choose the place of confinement. They selected the Jefferson county jail because of its proximity to the towAe frorf vllenas will come their friends and attorneys for conference.
 TO QUIT MARION
 After the court had complied with the request of the state. the full facts came out. Special Prosecutor Wilkin' son declined to start the qualifying o1 the jury Monday, because he soughs the aid of Solicitor J. NJ. Penningt ton who had been detained at home by il1- ness. solicitor Pennington arrived in Hamilton late Monday night. At l o'clock q conference was held between Judge wilkinson, Solicitor Pennington and w. c. Davis, another special pros. ecuting officer. At that conference 1, was agreed that the state would go nc farther in Marion county, but would start again with . new session of the grand jury,@A new indictment, and an other set ofstrials, all in Walker coun. ty, if such be possible.
 This agreement being made,
 there came midnight ride to
 Walker county by the father of
 Bafrd. He reported back to Judge
 Wilkinson early Tuesday morning.
 His message was . warrant sworn
 by himself, preferring . charge of
 murder in the first degree against
 ench of the soldiers. This warrant
 was obtained from w. E. Wright,
 justice of the peace at Gamble, ana
 on the list of state witnesses were
 placed the names of Leslie West,
 chauffeur, the states star witness,
 and Clyde Springer and Guy Cam
 non, two soldiers who testified for
 the state in the trial of Sergeant
 Lancaster.
 PLANS UNANNOUNCED
 Not word was given any one by the three men in the conference, ant no one knew the plans of the stat until tho motion had been made. Tn, states attorneys had guarded wei their secret. Attorneys for the defens' suspected an unusual development. bu they did not think it would bring al end to the cases. The most they looket for was a motion to quash the venir' which had been called for jury servic, in the Stephens case.
 It was . moment of thriIls when
 Judge sowell opened court. The
 judge Immediately ordered the
 sheriff to call the venire. Judge
 Wilkinson arose. and in woras
 hardly audible, said: elf the
 court please. we would like. to
 make . motion te mol prossc this .
 case" Attorneys for the defense
 surprisinEly> leoked at eack other:
 There came . silence. The cIinking
 OfNa coin could have been heard
 had 1t been dropped upon the flpOr.
 Each spectatOr eyed . stander-by
 and only the expression on his
 face asked the question: tWhat
 does 1t meanss JN1se Willin~pn
 saia no more.
 RICE RECOvERS Fleetwood Rice of Tuecaloosa. first speak, answered Judge Wilkinson's rt quest in this wise: '-s.-s
 If the court please, we ask for jur and verdict of not guilty s ts The court explained that there coul not he such a verdict "rhe state a quit at any time, said the court.
 Attorneys for the defense asked tin for . conference They left the roo and on their return Senator A H. Ca, michael said: The defense IS ready f, trial and has no comment Judge Stowe then dismissed the indictment again Stephens and on motion of Judge WI lSinson issued the same order in u other cases
 Sheriff Couch of Marion county steppe forward with the warrant for the . arrest of the soldiers and in the cou room 1t was served on stephens aft, it had been inspected by John D. 1T Cueen and Lecil Gray, attorneys for u soldiers.
 TO REINDICT
 Ju0ge Wilkinson and Solicitor Pennini ton at first declined to discuss the cas but later Judge Wilkinson admitted th' the walker county grand jury will called together again as soon as DO sfble.a that request will be made f rev indictments and that the state " seek to have the cases growing out z the new indictments tried in the circu court of Walkar county,
 ao1}citor Penn3pHt@ t@7S oai4 there 10 l
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