The Birmingham age-herald., 1921-07-24
LANCASTER FACES 4 SECOND JURY ON BAIRD MURDER CASE
Surprise Caused by the An nouncement That Key Will Be Second One of Group
 to Be Tried for Life
By FRED H. GoRNLEY Montgomery Bureau, The Age-Herald 22I-2 First National Bank Building

loosa company of the Alabama na- ticnal guard, Monday will face for the second time jury in the Marion county circuit court on an indictment charging him with being member of a mob which went into the Walk CT county jail early the morning of January I3, removed Will Baird, union minor, from his cell and shot him to death beside the road which connects Jasper with Townley, where the troops were quartered during the miners strike early In the year. Baird was in jail on a charge of kill ing Pvt. James M,, Morris comrade of the Tuscaloosa soldiers.
 Lancaster will be the first of nine men to be called to the bar on in dictm ents which charge murder m the first degree He was the only one tried when the cases were first called the latter part of January. A jury failed to reach a verdict after deliberations which began on Satur- day night and continued until nearly noon the following Tuesday
 Much Legal History
 Much legal history has been writ ten in the cases since Lancaster faced jury the first time. After the jury was unable to agree, Judge Horace C. Wilkinson, special prosecuting of ficer, mol pressed the case against him and those agaInst the other eight guardsmen, had new warrants sworn out charging murder, and afterward had new Indictments re- turned The purpose was to return the cases to the Walker circuit court which had jurisdiction until the sol- diers were granted change or venue.
 But the efforts of the state to try the cases in the county In which Baird was killed failed. The supreme court ruled that when a case has once been transferred to another county on a change of venue. 1t can not be again moved, but must remain in that county until 1t has been dis posed of in some way.
 Lancaster's case has attracted state wide attention because of it's bearing on all the soldiers. The ver- dict in this case is expected to be followed by like yerdicts in all others. For this reason counsel for the state and defense will put their greatest effort into the case, In view of the fact that six months have elapsed since the lynching, 1t Is ex- pected the trial will be entered with out great delay. A preliminary move of the defense is expected to be a motion to estop the trial on the ground that the state has abated the case. If the court rules against the defense. it is expected jury will be selected and the taking of evidence started at once.
 Both Sides Ready
 Both sides are ready for trial and are anxious to dispose of the cases, which have attracted great attention since Baird was lynched and the sol diers were arrested Lancaster and his associates have been in jail since the middle of January part of the time being confined at Birmingham and at other times at Hamilton and Bessemer. Since the decision of the supreme court requiring the disposi- tion of the cases in Marion county they have been ready for trial, but their cases could not be taken ur because the judges of the circuit were engaged in trials in other coun- ties. The prosecuting attorney Judge Wilkinson. also has been en- gagged in other cases and could not again take up these cases until this month.
 Alabama will see the same great array of attorneys as 1t saw wher the first case of Lancaster was tried Judge Wilkinson will be the state: chief prosecuting officer, and will bt assisted by w. c. Davis, attorney fol the Baird family and J. M. Penning ton, circuit solicitor. Lancaster will be represented by Senator A. H. Car michael of Tuscumbia, Lecil D. Ora. of Jasper Judge Bernard Harwoot of Tuscaloosa. Fleetwood Rice q Tuscaloosa, John Mcqueen of rus caloosa, j.. Manley Foster of Tusca loosa, MT. Finley of Tuscaloosa ant Ernest B. Fite and Kell V. Fite O Hamilton. C. E. Mitchell of Hamil ton also has been employed by tn state to assist in the prosecution.
 Plea of Not Guilty
 Lancaster entered plea of no guilty when arraigned before Judg J. J. Curtis in the Marion circui court Wednesday. His trial will b conducted by Judge Lum Duke of Le county. who was ordered to Mario for the trial, so all local influence might be removed This action wa taken by Judge John c. Anderson chief justice of the Alabama. suprem court. with the approval of Judg Curtis and Judge T. l.. Sowell of tn Marion circuit.
 Leslie West, taxicab driver. who i alleged to have driven one of the au tomobiles for the party whicl
  states star witness again. At tn first trial West testified that h drove the soldiers to the jail tn night Baird was removed, and tha he was present when Baird,s bod. was riddled with bullets. but that h took no part In the commission of tn crime. Three soldiers also gave tes timony tending to prove that the ac oused guardsmen were absent iron camp at the hour the lynching oc cured. Guy Cannon, one of tn states important soldier witnesses is out of the state according to in formation this week, and has no been served with a subpoena.
 Additional Evidence
 Judge Wilkinson has announce, that the state has additional evidence to offer which was not submitted a the first trial, but has not indicate, what new facts will be presented
 Lancaster will offer testimony il establishment of an alibi. At hi first trial he contended that he wa asleep in his bunk at the time Bair, was lynched: that he took no part il the lynching. and that he knew noth ing about it until the general in vestigation started at the cam about daybreak of the morning tn crime was committed. At his frs trial he offered evidence to shoy that he was in camp during the nigh
 Corp. Joseph W. Key will be. ar rGgned during next week on
 charge of complcity in the crime Tho decision of the state to try hir second caused a great surprise. Tn original plan was to try Sergt. Glen R Stephens second and it was c the first day of his trial in Febru aFy that the state decided to nc pross the eases and return them t