The Birmingham age-herald., 1921-02-02
COURT SUSTAINS STATES OBJECTION
 TO DEFENSE QUERY
tContinucd from Page one)

went into the county Jail and lyncheo
 a prisoner. The objection of the defense was sustained after tne court had req
 authorities cited by the state in sup l port qof the question.
 All we ask Is regular trial,' said Senator Carmichael. We want a trial 1 free of anything spectacular and one which is accorded any person.. The court is deeefluinud to do every thing possible to give you regular 1 trial,' answered Juuge Sowell.
 ! Judge Wilkinson told the court the state was not attempting to render any | special assistance to the defense.
 You won't get any special assistance from me, said Solicitor Pennington. And we don't expect it, answered
 an attorney for the defense.
 1 H. Jerry Baird, father, and l.. 5. Baird, brother of the miner killed by the mob,
 were the first witnesses. Their testi- mony was merely in proof of his death | early on the morning or January l3
 MOST IMPORTANT WITNESS 1 d. F. sides, jailer of the prison from which Baird was removed, was the first ] witness who gave evidence bearing on | the crime and his most important state ment other than the description of the l jail and the story of the appearance of | the mob was that Lancaster was one
 of the three soldiers who had visited the | lAli pigk-C-..s 60 lfle crime ana udu SoHe i iO the cell and looked at Baird. The ate proposed to use this evidence in connection with the confession of Leslie l N est alleged driver of the death tax cab who has given the names of the | persons in the mob, according to the stalea,ent of attorneys for the state. ! S.oes testified that the six members | of the mob carried automatic pistols, Ithey entered the first floor of the jail | l.pat, yi.,er q, 1f.. nnu t- 1 ness, forced him to deliver the keys,
 accompany them to the cell which held ] Baird and locate Baird for them. l When Bard vas found one member ! of the ino1 dragged him from his bed, at the same tune saying, "Come on here, i aalnn you. according to the witness, 1 who said he asked them to let Baird put on his clothes. Damn his clothes, 1t is
 Baird we want" one member of the mob retorted, accoru.ng io the witness. Ba'sd legged Sides for protection, according to 1 the testimony. 'I would if 1 could, Will
 but ] can't' Sides said he answered. SHERIFF GAVE PERMISSION | The witness said the mob left the jail with Baird by the same stairs which
 had been used by the three soldiers a
 few days before. He, reiterated this
 statement about the visit of tho soldiers
 and said they obtained permission from ~--~~ refused admittance until the sheriff had given permission.
 | On cross-examinauon, Sides admitted 1t was not uncommon for soldiers to visit 1 the jail ano go into the section which | held Baird. l M. Daniel, mail carrier, who discov-
 cred the body of Baird beside the public road leading from Jasper to Manchester, testified that he found dozen or more t.ir hoe flo md around {, Bards body. Some of the cartridges,
 he said, were for a .45 automatic pistol 1 and others for .30-caliber rifle. | Sam Snoddy, who resides near the 1 place where Baird was killed, said he 1 picked up 20 or more cartridges near
 Baird's body and that they were for a 45 automatic and .SG-caliber rifle. He said he could not say whether or not the cartridges were used in arms furnished 1 by the government.
 OFFERED IN EVIDENCE A. B. Legg, coroner of Walker county, told the court he picked up rifle and pistol cartridges near the scene of the crime. These cartridges were offered in evidence by the state, as was the cloth i ing worn by Baird the. night le was killed The defense objested to the ex- hibits, contending that they had not been l properly connected with previous eVi- dence, but the objection was not sns- tained. The clothing consisted of a fiant mel top shirt and q suit of underwear. Holes in both garments and blood spots were exhibited to the jury.
 Coroner LeCg testified that he found g bullet holes in Baird's body, which indicated Il bullets, as all bullets passed entirely through the body. He denied that the body had been mutilated in any way Propaganda spread through the county in recent days has been that Baird was mutilated with knife before or after he was killed.
 | The defense made desperate effort 10 bring out the names of those in the room while Coroner Legg's jury was making its investigation of the crime, but failed. 1 Several preliminary questions were asked relating to those present, and when they were sustained. Lecil Gray. Jasper at | torney, asked:
 q ask you if you did not hold this in quest at the instance Of the Oniteo Mine i Workers of America?
 | Judge wilkinson was on his rect Tn Ai' | instant with a protest against the ques- I tion, and request that the court sec that nothing like the question should pc 1 brought again into the trial The court sustained the objection.
 ADJOURN TILL g A. M. | After the objection had been sustained 1 court adjourned until 9 o'clock Wednes- | day morning.
 I Every bit of space in the court.
 house was taken throughout the triai today. Frequently the court Was | forced to call for order and two times informed the crowd that unless Quie- ] tude could be maintained at all times | it would be forced to clear the cham : Der of any but those who could find l seats.
 Capt. Horace E. Palmer of Nashville, commanding officer of the battery in which Sergeant Lancaster served
 while overseas. arrived at noon Tues day. This brought to- Lancasters aid every commanding officer of any unit with which he served Col. Bibb Graves of Montgomery, commanding officer of the One Hundred and Seventh ificld artillery, came Sunday. Maj. ! Matt Murphy of Birmingham, major 1 of the battalion to which Lancaster $ 1 company was assigned, also arrived at 1 noon. They stated that they came because they desired to lend whatever 1 assistance they may within the law l for the protection of one of their com rades in arms.
 Throughout the trial, Sergeant Ian- l easter has appeared jovial and, while l taking interest in the various devel- | opments of the trial, has not indi- cated that there is the least doubt in | his mind of the outcome. Beside him l during the second day sat his aged 1 father, who has come from Tuscaloosa lcounty to be with him during his legal battle.
 On the other side of the courtroom
 and near attorneys for the state sal Jerry Baird and l. B. Baird, father
 and brother of the man whom Ser | peant I.ancaster and other members o1