The Birmingham age-herald., 1921-02-03

THE BIRMINGHAM A tive deciaration. The car driven by West was taken within g or 70 yards of the soldiers barracks and Stevens asid to the witness, ''beat it. and the witness left without his automobile, according to his statement.
 On cross examination West admitted that he had made different statements about the affair than the one which h. finally told Judge Wilkinson. states att torneqs. He denied that the state had promised him he would not be indicted. and declared he told his last story after his brother had urged him to tell the truth.
 He admitted that his first story to states counsel was that he did not know anything about the lynching and that he was forced to leave his automobile in the road because of puncture He in- sisted that his last story was told only after his brother had asked him to tell all he knew He testified that he told his brother at first that he knew noth- ing about the crime, that he told GoT ernor Kilby and others in Montgomery that he knew nothing about it, that he told General Steiner and his own attor- ney John H. Bankhead of Jasper, the same thing. He admitted further that he ! told Mir Bankhead he did not need his | assistance as there was no connection between himself and the crime.
 KITCHENS TESTIMONY Clyde iI<tchins, member of Company M and roommate of Lancaster at the bar l racks at oTwnley, testified that soon after he got up the morning of the lynching he heard Lancaster tell shine boy to wash the mud off his pistol scao- bard.
 ] Later he heard Bugler Richardson eading an account of the lynchins and when he reached that portion of the story which said one member of the mob warned a prisoner in the jail that his warning of the mob's presence would he inc last warning he would ever give, Lancaster made motion as if pointing to himself.
 He also testified that Lancaster sent another soldier to the supply room for another pair of shoes, saying his shoes were wet. On cross examination the Wit ness admitted that it was not usual Tor Tor a soldiers scabbard to be muddy or ms shoes to be wet especially in the sec tior around Townley during rainy weather.
 He could not say whether ors aot Lancaster was listening to the reading of the account of the lynching to which he referred in his direct testi> mony.
 He admitted that Conrad W. | AuSttn, law cnlOfce"cnt fseCsfS | had him in charge since the lynch- 1 ing, and said he had been detained l by MT. Austin mt the direction of l Judge Wilkinson. but thnt he had | been permitted to go and come on l the permission of MT. Austin. l When he was questioned the. first time, he said, Judge Wilkinson told
 him he would be put in jail unless he
 told something. On redirect examina- ton, he said Judge Wilkinson told him Inc was not seeking anything but true statement.
 l The witness admitted that Judge Wilkinson told him and other soldiers Ithat they need not talk with attor- lneys for the defense unless thay de- sired to do so.
 | FORGED TO OBEY AUSTIN On questioning of the defense, the witness said he had been forced to do whatever Chief Austin told him 10 do since he became attached to Chief Austin.
 He did not know that he had been under arrest, but declared that he had Ibeen with you fellows" referring to Judge Wilkinson. who was asking the Iquestion.
 The question about being under ar, Irest brought a colloquy between Sem ator Carmichael who was cross -ex> | lamining for the defense and Judge Wilkinson.
 T want it known that this man has not been under arrest said Judge Wilkinson. These men were .n a military organization, and their su- period officers had a right and the Iauthority to attach them to any per ison.n ss..4-. --. 'Ts Chief Austin in the army?" asked Senator CarmichaeI. Ns% -'Sc
 No sir, he is not, in the army, bu, 'i he can be assigned to anyone. even to lyou,' Judge Wilkinson replied.
 'I don't want any assignment like that retorted Senator Carmichae lamd laughter.
 | Clyde Springer, soldier, testified thai he attempted to take Vests car to his
 home on the morning of the crime hui
 1t got stuck in the mud, and he aban- !doned it. That occurred just before
 daybreak. The witness said the cal
 was muddy, motor was warm and
 started easily, and pair of black lpants and hat were found in the car.
 He saw Lancaster in the mess hal
 later, and heard him say he was going
 to cut some notches on his gun, hs 3 said. The witness asked Lancaster who fired the first shot and Lancaster IPSiAeOu eO AiAHSCli, dCCoT uiHS to lHs witness.
 He could not remember much about
 a threat alleged to have been made
 but said his best recollection was thai
 Lancaster said the man who told or ,the company would follow Baird 4 ONY 15 YEARS OLD N
 On cross examination the witles.
 admitted that he was only
 Is years old, and had swor1 he was IS at the time he joined
 the national guard. He said he tolt
 officers at first that he knew nothing labout the lynchins, and supported hi. first story in conversat ton with Gov |ernor Kifby and the attorney geae.al His first story supporting his .esti lmony today was given to Judge Will
 kinson, and was taken down but aevet
 signed by him, according to his state, lment.
 He corroborated previous testimony
 that Judge Wilkinson told the state's
 soldier witnesses while they were being brought from Guin to Hamilton , that they need not talk to attorneys for the defense unless they cared t< do SO. and that he "refused positively to tell them anything.
 Guy Cannon, another soldier a Tcwnley.. -corfoborated the testimon, of the other soldier witnesses abou I!Lancaster's order for the cleaning o
 his muddy shoes shortly after the lynching and of his order for the Il ~ . | -s-E. Irv-