The Birmingham age-herald., 1921-08-03
JUDGE WILKINSON
 ANSWERS CRITICS
 REGARDING TRIAL
Special Prosecutor of Ac- cuSed GuardSmen In Baird Case Says Hearing Was
 Denied Him By Court

eN~A uSiiSi aSCuseu OI lyncnln& Nll- liam Baird, coal miner. Judge
 Wilkinson is special solicitor in charge of the prosecution. His statement is as follows:
 The Statement
 i While attempting to recuperate at Mentone under instructions of my physician, I learned from the press that my official head is being de- manded, my disbarment advocated | and other dire punishment is to be visited upon me, because it Is claimed that l carried on a propaganda cam paign in the Marion County Press against members of the national guard who are charged with the lynching of William Baird.
 | In answer to this I wish to say l that l wrote three or four articles that were submitted to the editor of the Marion County News; after making some corrections and slight additions thereto, he said that these articles voiced his sentiment on the subject under discussion and he pro- kceeded to publish them: I paid nothing for their publication or cir | culation.
 l III these afLlClSb lHlOTU UGu LHC people of Marion county and charged that attempts had been made by per 1 sons interested in these defendants to tamper with the jurors; that con siderable sums of money had been 1 spent in Maf1on county in various ac- tivities in their behalf; that certain Marion county politicians and ex- politicians had taken trips in behalf | of these defendants, that they had never contemplated taking be- fore; that organized propaganda de- lsigned and calculated to mislead and prejudice the people of Marion coun- l ty against the states case and ere ate sympathy for the defendants had been actively and persistently carried on in that county in behalf of the de- fendants; that there was considerable 1 evidence tending to show that coal operators of Alabama furnished 1 aid and comfort to the defense; that efforts were being made to prevent the state of Alabama from obtaining a fair trial.
 Numbers for Defense I also mentioned in these articles that more lawyers had been retained by the defense in this case than had ever been employed in behalf ot any other defendants m the courts or Alabama.
 If this be propaganda campaign, then I am guilty. made these charges in Marion county and 1 re- peat them now. l have heard no de- nial of them except In the speech or one of the attorneys for the defense in which he denied that he had ever approached a juror.
 When motion for a continuance was made I offered 10 establish the truth of those charges in open court by competent legal evidence, and asked for the privilege of doing SO The defense objected to this belng done. The circuit solicitor made an elouuent and earnest appeal to the court to be permitted to go into the matter and turn on the light anu show that the substance of the pup lications in Marion county was true. The defense strenuously obJecteo. The editor of the paper was caileu before the bar and the court pro ceeded to lecture him. He stated that he was prepared to establish the truth of the charges made in his ,anar and asked for the privilege of doing so. He was denied the priv ilere of going on the stand or offer ing any evidence in his behalf tend 1inp to establish the truth of the charges, and was condemned py the court. virtually without hearing.
 Look Into the Law
 When Alexander the Great sat Sn judgment, 1t Is said that ne alWays heard a case with finger Tn one ear so that he might preserve an un- nreiudiced ear for what the opposite .ide might have to say, and we are honeful that whatever JudBe IS as- signed to try these cases Tn the 1u- ture will find it convenient 10 LOOK into the law, and if another appiica- ton for a continuance IS made on this ground he will permit us eo oi- fer evidence showing that the charges were true.
 I am prepared at any time on req sonahle notice to establish the truth of those charges and to estaoiisn substantially the truth of everything that was published in the Marioh county paper before the proper tri- hunal in a lawfully recognized way, If if he unlawful, unethlcal or uh anything else to write and puphsn inc truth. then I am that "un what ever it may be.
 If a resort to unfair methods pre- vents fair and impartial trlai, then my reply is that those who nave sorted to such methods shouio iea them alone and allow these cases .o nroceed to trial on the law ana the Evidence before jury that is with- out bIas or prejudice for or asaihsl anyone. and before a jury that mas not been tempered with. If 1t IS em- barras assing to the defense TOT IL " he known that coal companies arr n,ttinr up money in their oehaii' ,o+ them leave the coal com panies' money alone o,a
 If they do not like to have propa panda carried on in their behalf eN- nosed let them abandon the propd ganda: if too many lawyers ars handicap, I presume that they are liberty to discharge some or them.
 No Chance For Denial Regardless of whether the uiai court was right or wrong in denyins to inc circuit solicitor, the editor ol inc Marion county paper and myseli inc right to show by evidence tnat tbe charges made in the paper were true it is perfectly obvious that II
 ,.,t;onable tactics have been car s;.d on in behalf of these defendants .rn they cannot be heard to com nlain because those Questionapie tac- .;as nave been brought to light.
 The time has come to put up or ..-hut m" I am in this hgnt 10 the I far fair trials and untampereo
 ',.p ;uries. want no innocent man convicted, but am determined tna' ~.,rued on page thirteen)