The Birmingham age-herald., 1921-02-22
SOLICITOR PENNINGTON SICK
 AND STEPHENS CASE DELA YED
Young GuardSman Will Be Placed on Trial This Morn- ing for Alleged Participation In Lynching of William Baird at Jasper on Night of January 13
Fly FRED H. GoRMLEy

Hamilton, February 21.-(Special.) Because of the illness of J. M. Pen nington, solicitor, the trial of Sergt. Glenn R. Stephens, on an indictment charging complicity in the lynching of William Baird, union miner, who was executed after being taken from the Walker county jail by masked mob the morning of January 13, was postponed until Tuesday morning, when the case was called in the Marion county circuit court on change of venue Monday afternoon.
 Judge Horace Wilkinson. special coun- sel for the state, said he desired the presence of the solicitor during the se- lection of the jury, and Judge Sowell announced that the case would be passed temporarily.
 But, gentlemen, 1 want to dispose or this case as soon as possible" said Judge Sowell T have other work to do, and have no intention of spending the sum mer on Marion county's work
 FEW IN COURT ROOM
 Few persons were in the courtroom vixen the case was called, an interest-
  latter part of January when Sergt Rob ert J. Lancaster was placed on trial This was due to the cold weather, which kept many persons away and the system of apportioning witnesses for the week Only sufficient state witnesses were orr dered here Monday for the; first days work. Others have been called for Tues day and still others for Wednesday. The defense has ordered it's witnesses here for Thursday, allowing the state three days for the presentation of it's testi- mony.
 Unless a decision Is obtained in this case, it is probable all other cases will be postponed until the next regular term of the court.
 TOO MUCH EXPENSE IE private conversation, Judge Soweil said he did not desire to put the state and Walker county to the continued ex- tra expense for the trials. He said he would confer with the state and defense during the week before making a final decision.
 Judge Sowell does not look with fa- vor on the proposal of the state to put Sergeant Lancaster on trial again un- til the jury has reached m agreement in the Stephens case. If Stephens case should not develop an agreement among the jurors, Judge Sowell will not favor another trial out of regular term time.
 | Scores of additional witnesses have been summoned by the state and de- 1 fense. and Indications are that the trial of Stephens will continue longer than Lancaster's, which was not con- ,cluded until the end of the sixth day. Judge Wilkinson today said the court would do well 10 complete this trial in 10 days. One hundred and twenty-ons | xryif fpQ VaI " c state. It had only so in Lancasters case. The defense has called more wit sesses, but did not give the number. I It had summoned 125 for Lancasters trial
 ! While the parleys and delays take the time of those here for the. trial, the nine soldiers charged with som- plicity in Baird's execution are having a good time in the county tRil. Never a day passes but that delicacies are sent to the jail by friends. Hunting A victrola and records have been provided with funds subscribed by !citizens Of Tuscaloosa
 ATTORNEYS IN CASE i Judge Bernard Harwood' and ]. Nj. Foster. Tuscaloosa attorneys. who ap- peared in the list of attorneys for the soldiers at the first trial, will not return t6 Hamilton. Those who will represent Stephens are Senator A. H. Carmichael of Tlscumbia; Ernest B. Fite, Kell ". Fite and Fred Jones of Hamilton; Fleet wood Rice. John D. Mcqueen and H. T.. Gindley of Tuscaloosa, and Lecil Gray of Jasper. The state will be represented by the same prosecuting officers. Judge Wilkinson. Solicitor Pennington and w. i c. Davis of Jasper. l Gen. R. F.. Steiner. commanding officer t-E Al. y- L X As --- --- summoned as witness for the defense. but will not come until Wednesday, An- other witness for the defense is Col. William P, Screws. who led the Alabama regiment of the Rainbow division during | it's battles ins France.
 {! Solicitor J. M. Pennington arrived early tonight and will represent the state in i the selection of the jury Tuesday morn- ling.
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