The Birmingham age-herald., 1921-02-07

,emed to him the 12 intelligent on a verdict.
 The best information available is that the jury Is deadlocked, six favoring ac- quittal and six standing for conviction.
 The jury began consideration of the case as soon as the charge was conn pleted at o'clock Saturday night, and throughout the passing minutes of the evening and early morning a small kero- sene lamp flickered in the jury room, in- dicating that sleep was cast aside as the men attempted to answer to their own satisfaction the question put to them by the court: 'Is Robert J. Lancaster guilty of being member of the mob beyond all reasonable doubt and to a moral cer- tainty?"
 STOP FOR BREAKFAST
 The deliberation was interrupted for . few minutes for breakfast after which the jury returned to it's room and dis cnssed the case until lunch time
 During the afternoon the jurors were seen in their room through the windows which face a principal street of Hanil-
 
 Idoffed, and indications were that tho jurors were prepared to remain within their quarters until the court was con virced there could be no verdict.
 Oft times a juror would come to the window and look down upon the people who stood in small groups throughout the night and today awaiting AtEe judg- lment. Many times it could be seen that juror stood in the middle of the floor and appealed to the other members for q decision in accordance with his views. But that was all spectators accepted hearsay evidence as to the standing Of the jury. No one knew. No one could hear spoken word or gain any infor- nation from the gestures of the jurors. Citizens of Hamilton said it was no un-, usual thing for a jury in this county to deliberate 4S hours.
 COURT IS SILENT
 Judge Sowell has not indicated how long he will permit this jury to remain in session, though it is expected mis- trial will be declared if no decision is reached by Monday morning. Relieving a mistrial is certain, court officials, attorneys and spectators arc now speculating on the date for Lam casters second trial. It is thought he will face another jury as soon as the case of Sergeant Glenn R. Stephens is submitted to a jury. This trial is sched- uled to begin February 21.
 The state seeks to obtain verdicts in the cases of Lancaster and Stephens be- fore the seven other accused guardsmen are tried. It contends that Lancaster and Stephens were the brains which or ganzed the expedition and directed 1t during the trip to Jasper, during the raid on the jail and during the execution of Baird. whose body was pierced by if bullets s
 
 prosecuting officer, today received an anonymous letter which was posted at the South Highlands station, at Birming- ham,. It told him to remember that Private James Morris, who is alleged to have been killed by Baird, was shot from different directions. Judge Wilkinson also received letter complimenting him for the fight he has made for the convic" tion of Lancaster. x
 LEGAL STRUGGLE The trial started last Monday and Twas easily one of the hardest fought legal battles in the history of Alabama criminal procedure. Lancaster and the other inricted guardsmen art members of Company NJ of Tuscaloosa. who were stationed at Townley, Walk CT county, on the date of the lynching. Baird was in jail at Jasper, Walker county held as a suspect in connec- !tion with the killing of Private James .. Morris of Company M who, it is all lleged had slain Adrian Northcutt. preacher miner and lfather-in-law of Baird. The mob overpowered Jailer Sides, took Baird from prison and sieved his, body with bullets. NINE ARE KILLED Walker county has been the storm center of the Alabama coal fields since the general strike was called September last. Baird was the ninth man slain in that county as result of the strike. directly and indirectly, state officials have stated. Immediately after the lynching of Baird. investigation by state and mili- tary authorities resulted in Company I'M being ordered to barracks at Tus- caloosa. After a special grand jury had returned indictments against ths nine guardsmen, separate trials were demanded. and Lancaster's case cane first. A change of venue was granted to this county
 The trial of Ssrgt. Glenn l.. Stephens has been set for February 21. Wheth-' CT the trial in the Lancaster case will change the plans to begin the Stephens lease on that date was not announced.