The Birmingham age-herald., 1921-02-08
LANCASTER AGAIN
 ID G0 ON TRIAL
 LAST OF FEBRUARY
After 39 Hours of Delibera- ton, Which Time Ballot After Ballot Is Taken,
 Jury Is Unable to Agree
By FRED H. conMLEy


 Especially Alabama and Walker county had spent ap- proximately $6,500 in futile effort to convict Sergt. Robert J. Lancaster, member of the Alabama national guard, of complicity in the lynching of William Baird, striking miner, when the jury of the Marion circuit court reported to Judge T. B. Sowell at 10:10 o'clock this morning that it was hope lessly divided and that no engagement could be reached even though the deliberations be continued. Judge Sowell dismissed the jury and prose- cutting attorneys announced that Lancaster will be placed on trial again the last week of this month if arrangements can be made for it.
 The jury stood six for convfc-
 ton, five for acquittnI and one
 who could not make up his mind
 during the 30 hours the jury
 eonsidered the case. Ballot
 after balIot was taken but the
 jurors clung to their original posi-
 ton and the passing of time had
 no effect on their decision. or
 those who favored conviction five
 asked that a life sentence be i'm
 poeed. while the other sought
 Iixhter sentence. Not one favored
 the death penalty which was asked
 by the state
 For 26 hours the jury fought again the battle which had been waged m the Marion circuit court but no agree ment could be made Natures call for asleep was ignored while the mem bers burned the midnight oil and refreshed their n&-aory with various developments of the trial. Through : out the trial one member. whose name was not made public, could not de- eide whether the evidence was strong enough to bring conviction or weak enough to cause an acQuittal ana frankly informed the other members of the jury that he did not know how to vote
 SLEEP HAS NO EFFECT Sleep came to the members for the first time Sunday night. Judge Sowell believed this would bring new thoughts and better idea of the weight of 1.-the evidence, but sleep had no effect When the jury returned to its room Monday morning, 1t was still unable l to announce decision. At o'clock | Judge Sowell called the members into open court in the presence of the defendant Less than 100 persons were I In the court room, a contrast with tbe crowds which flocked to the court | house to hear the evidence last week | Sergeant Lancaster came into the court room and as he passed the l Judges stand. said Good morning ! judge" His aged father sat beside him I The bailiff rapped on the door and received the statement that the jury l desired s or 10 minutes more. This l caused many persons to believe ver- l dict was about to be reached. The l jury later came into the court room and informed the court a verdict l would be impossible.
 1 Judge 6owell told the jury he wa sorry as some 12 men must pass upon Ithe case sooner or later and he be- Ilioved a fair and impartial considera- ! tion of the evidence should bring de- cision He returned the Jury to it's room and at 10:10 o'clock called for d further report It was the same--an 1 agreement was impossible. He dis lcharged the jury with the statement l that he regretted there had been no l verdict.
 STEPHENS TO TRIAL
 ] Later in the day Judge Horace c. l wilkinson, chief prosecuting officer other trial of Lancaster as soon as Segt. Glenn R. Stephens, accused oi 1 complicity in the lynching. has been ltried The case of Sergeant Stephens lhas been set for Monday. February Fl, lin Marion county on change of venue lfrom Walker county. A venire of 10o men has already been ordered into court for that time.
 l The state contends that Lancaster and Stephens organized the excursion to the jail and were the brains back of the lynching of Baird.
 Judge Wilkinson said the expenses 4 of the state and Walker county In the trial had been about Si.75 minute lsince the trial started in the Marion (S0Vf[0008e la8l hAOnu&y' nIo iIhS4 pu5S 1 sa1aries of judge and solicitor, wit l ness fees and transportation. Although Marion county citizens held the court and . jury of Marion county citixens Iattempted to render verdict, the tria fdfd not cost that county one penny 'I Alf expenses of the trial chargeablf to the county must be paid by Walker Icounty, where the crime was com l mitted. j. t
 NINE WEEKS OF COURT f Marion was selected for the trial be. \ causa 1t vas feared fair trial could I.not be obtained in Walker If ever, lmember of the band which is alleged ts ! have lynched Baird Is placed on trial Marion county's court will be bus! juntil far In the year week wal I consumed In the first trial and tt Il lprobable that almost week will bt iused in every other trial. This VII imean nins weeks of court in Mafio1
 ~ Attorneys for Lancaster after th. ljury wal discharged expressed tn, !opinion that an Acquittai will comt tnext time. They pointed out the fac Ithat they had opposed trial tht imonth because they were not prepared issWe win be prepared for the next tria and for every other trial which thi l efafe insista upon. they announced. Il All attcrneys Of Eancaster who rs isi0e out Of Hamilton had left befor' ffhe jury ves discharged except Fleet