The Birmingham age-herald., 1921-07-27

Now that the days developments time, let's continue the cases until the stream flows clear again." he asked. w. c. Davis and Judge Will kinson also agreed that it was neces- sary to postpone the cases.
 The court declared that it was un- willing to take the responsibility of the trial of the cases since the pro paganda had been carried on and or dered a continuance. He entered to no specific date.
 That being concurred in, then. and in the weight of this publication and what ever else may have pro- voked it, so far as this is concerned on account of all this. I will not take tn responsibility. because I do not know what might be the result" said Judge Duke. q will not take the responsibility to put either one of these defendants on trial for his life at this time. I do not think it would be fair, either to the state of Ala bama. or to the defendant. The state cannot take chances O Dthe life and liberties of it's citizens, any more than the citizen himself can do it; and what effect, if any, these publica- tlOtiS ilsLy nave fldu OH tue puDIl| mind. and being so recent before this time, l cannot say; no one can say: and, therefore in my judgment it would not be wise at this time to try either one of these cases, evenin both sides were ready, willing and urging to trial. Me would be gambling upon what effect might have been had on the public mind by this propagan- da which it is claimed was put forth on both sides of the case; I knew nothing about except what has oc- cured in the evidence. Therefore it Is ordered that this case of Robert Lancaster be continued"
 Carmichael Makes Motion
 Senator A. H. Carmichael made the motion for the continuance and the citation of Editor Letson for con tempt as soon as court met for the second day and before the defense announced whether or not 1t was ready for trial. He called attention to articles in the issues of the Marion County News of July ', Is and 20 and charged that they were sent to all voters and that the prosecution was responsible. He declared that the campaign was begun soon after the supreme court ordered the trial of the cases in Marion county and had been carried on consistently in an effort to prejudice the people against the soldiers.
 This has been a persistent earn paign and appears to have been without conscience and we want t1 say that statements have been made in this newspaper which are false and without foundation" he said,
 Senator Carmichael took up the newspapers one by one In the issue of July :. he read eXcerps from an article headed, Who Put the For Sale Sign on Marion County" He charged that the editor did not write the article He referred to an articie on July IS headed How Juries arc Fixed" and declared the inference was that this jury was to be fixed by the defense. It was this article Judge Wilkinson admitted he clipped and sent to Letson.
 The issue of July 20 was announced the worst of all by Senator Carmi ahael. On the first page were pie lures of Baird, his wife and family and over the picture of the wife and children were the words. They Look to Marion County for Justice" In another column was an article en- titled Marion County Must Do Her Duty" This article said there were enough lawyers for the defense to break down all ldWS. u TeIeTTeQ lp the reprimand of juries by Judge II. B. Foster of Tuscaloosa and J. C. Gwin of Jefferson for bringing in ac- ouittals in certain eases and in the same issue was the statement that. We sincerely hope it won't be necessary for any Marion county jury to be jacked up about an outrage ous verdict
 One of the closing developments was the fact that the state military department mustered into military service all soldier witnesses for the state. but did not muster in the euardsmea who were called by the defense. The states soldier witnesses were notified by telegram here that they were to- receive double pay, S4 a day for expenses and their rail- road fare to and from Hamilton. De- fense soldier witnesses had to fi nance themselves.
 Judge wilkinson pointed out to- night that military witnesses living more than 100 miles away could not be forced to respond and that they were called into service to enforce attendance. He said they, were sim ply allowed the possible maximum of S4 per day for expenses which is the sum to which state employees are now all limited.