The Birmingham age-herald., 1921-02-23
NINE GUARDSMEN
 ARE DISCHARGED
 THEN REARRESTED
dcontinued from Page One, .

1 reason why the cases should not be dis ! posed of in Walker county where the expense will not be so great "Walker county is being broke financially by the great expense of these cases" he said. "A fair trial can be given there and the state will seek to have each soldier l placed on trial there'
 w. c. Davis, the third prosecuting off, I ficer, also declared that the soldiers can obtain a fair trial in the county in which the mob whoever composed 1t. commit- ted the crime.
 DEFENSE TO RESIST Attorneys for the soldiers will resist the states latest move to the very end They came to Hamilton ready for trial They expected to go to trial. Senator Carmichael in open court told Judge Sowell that the defendants witnesses were here and en route and that there was no intention whatever on tke part of the defense to delay the case
 Later attorneys in conversation with newspaper representatives said they had made all their plans to dispose of the cases and that responsibility for further expense would not be on the defense. All witnesses for the defense had been told the probable date of their examination i'll order that they might be present when HcSucu anu dL the same time not De forced to heavy expense for the days they would not be needed.
 AS soon as the cases had been dismissed the attorneys got in touch with as many witnesses as possible in order to save them the unnecessary expenditure of funds.
 SITUATION REVERSED
 The latest development is interesting when considered in connection with the many others since the Indictments were returned against the soldiers. First at torneys for the defense condemned the proposal to put the soldiers on trial 1T, such short time after their arrest Even the word ralroading, was used iIi the criticism of the plan Now the state takes the responsibility for further delay while the defense is urging a dis position of the cases. The state was ready and the defense was not--now the defense is ready and the state is not
 Judge Sowell is the person who must determine whether or not the defendants will be tried in Walker county when the new indictments are returned. The first change of venue was made by agreement between the state and defense. The next change must be made over the opposition of the state. This means that evidence must be submitted to convince the court that fair trial cannot be obtained in Walker county.
 If the court should grant a change or venue, what county would be called upon to pass upon the guilt or innocence Of the soldiers? Marion was the only county which could be agreed upon by the state and defense after the court had granted the first change. The de- fense proposed many counties, in the list being Pickens. Sumter, Greene, Frank lin, Fayette and Marion. Of these coun- ties, Judge Wilkinson accepted only Ma rion. Judge Sowel1> then ordered the cases tried in Marion.
 WALKER, MAYBE
 Eyes are now turning from Marion county and are being focused on Walker again. The soldiers were transferred to the Jefferson county jail Tuesday aft ernoon. Judge Wilkinson stated that the grand jury would be assembled again as soon as possible. His first indication was that the body would meet at Jas per Thursday, but he later stated that the assembly could not be before Sat urday.
 v s. hen will the men he tried again?" Judge Wilkinson was asked.
 1T do not know" replied Judge Wilkin- son. Their cases may be at the bottom of the list.
 This answer may be construed two ways. It may mean that indictments of ot4ANIS ixIAy DO tcpohNcu oS 4 4CSA4b S@ the latest investigations of the grand july and that those involved in the new indictments may be tried first. It may mean that the cases against the soldiers will be placed on the criminal docket of Walker county and called in their turn, criminal cases being tried as they are reached on the docket.
 Sergeant Stephens today received his monthly pay as member of the guard. amounting to G27.50. The eight other suardsmen who are confined in the Ma rion county jail here we're also paid, re- ceiving from $6o to %27.50 each. The in dIcted- -guardsmen are not under military charges.
 The defendant Is credited with an H. lustrious overseas record in the One Hun dred and Sixty-seventh regiment of the Rainbow division. having participated iH the battles at ,Chateau-T Thierry. Argonns Wood and St. Mihiel He later served In the army of occupation in Germany, Prior to his service abroad he saw serv- ics on the Mexican border and in Mexico.