The Birmingham age-herald., 1921-07-26
ASSENT WITNESSES
 MAY CAUSE TRIAL
 TO BE POSTPONED
(Continued from Page one)

soldiers and who testified at the first trial that he saw Lancaster in his bunk at the time Baird was being shot to death many miles away, has not arrived. The defense regards hi. testimony as of great importance.
 Judge Horace c. Wilkinson, special prosecutor for the state, resisted the motion of the defense for a continu ance, declaring that the state desires to dispose of the cases at this time Judge Duke ordered the defense to prepare a showing indicating what 1t expects to prove by the absent witnesses and gave 1t until S:30 o'clock Tuesday morning to prepare this showing.
 Judge Wants Action
 Judge Duke let it be known that he has come to Hamilton to dispose of the cases if possible and through out the first day he suprred the at- torneys for the state and defense on- ward. He indicated tht he will not permit any delays which are not ab- solutely necessary, and 1t was with great reluctance that he permitted the defense to postpone the showing for the absent witnesses until Tues day.
 Guy Cannon, for whom the state had an attachment issued, is very important witness, but Judge Will kinson announced that 1t was willing to proceed with the trial after every effort had been exhausted to bring Cannon into court. Cannon, soi- dier, gave testimony which tended to corroborate the statement of Les !, .lwtr 1 .af1 1- caster and the other soldiers indicted composed the mob which killed Baird.
 Only 55 Answer
 Only 55 of the panel of 100 called for service in the Lancaster case will be available if the court requires the trial of the case Tuesday. Forty five were excused for various reasons during the preliminary questioning Monday. Many had fixed opinions of the guilt or innocence of the defend ant. while a great number declared they were not willing to convict Lam caster on ciroumstantial evidence.
 Less interest is being shown in the trial of the cases now than during the first trial of Lancaster which began January 3i The court room was only filled during the first day and a great many of these pres
 
 nesses.
 .,er.eant Lancaster was brought into court during the preliminary plays of the state and defense. He was garbed in the uniform of the army All of the indicted guardsmen arrived in Hamilton during the early hours of Monday and are in a cell in the Marion county jail. Although they were not summoned as witness es the defense desired their presence in order that they might be inter viewed if there were need for 1t. The soldiers were brought in before day break and when early risers passed the jail heard the strains of music of a victrola It was the instrument which citizens of Tuscaloosa pur- chased few days after the soldiers were imprisoned and which they have carried with them during their jour neys between the jails of Hamilton, and Bessemer.
 Steiner for Defense
 Among the witnesses for the de- fense who are here are General R. E. Steiner, Major Lucien c. Brown and Colonel Dallas Smith. The setting for this trial is different from that of January. One sees no army or uniforms moving about the court house and streets and not member of the state law enforcement de- partment has been summoned as and not one has arrived in Hamilton.
 The state has augmented it's force of attorneys since the last trial Monday Judge Horace c, Wilkinson, special prosecutor had as- sistants W. c. Davis of Jasper, Ralph w. Quinn of Birmingham, Solicitor J. M. Pennington of Jasper, W. V. May hall of Haleyville. c. E. Mitchell and J. P. Middleton of Hamilton.
 The same attorneys appeared for the defense at this trial as appeared at the last. They are Senator A. H. Carmichael of Tuscumbia, Lecile D. Gray of Jasper, Fleetwood Rice, John Mcqueen and II. L. Findley of Tusca loosa, Ernest B. Fite, Kel V. Fite, and Fred Jones of Hamilton.