The Birmingham age-herald., 1922-01-09
TAMIL TON AGAIN CROWDED
 ON DAY GUARDSMAN TRIAL
 STARTS FOR SECOND TIME
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- Hti ! - VII SEOONG tW L.
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 opening the court over which Judge A. D. Gamble of Greenville, who has been specially assigned by the chief justice of the supreme court to pre- side, is made, and the case of "the state vs. Robert L. Lancasterr is for mally called for trial, the little court room which for two weeks was the scene of his former trial Is again expected to be packed to overflow ing with interested spectators.
 Judge Gamble. together with most or the attorneys representing the state and the defense. arrived this afternoon in preparation for the opening of the court this morning, and the remainder will arrive early tomorrow morning. The nine prisoners of whom Lancaster will again be the first to face jury for his life, have been here several days since their removal from the Jail at Bessemer for arraignment
 While the townspeople today and tonight maintained an air that might be best described as excite ment, suppressed. but not concealed, and went about their ordinary busi- ness, behind the walls of every pub lie building, including the Marion county Jail and courthouse, and the little hotel which comprises Hamil- toms sole hostelry, the state and the defense marshaled their forces. and on the eve of the opening gun in the coming battle perfected their plans for the protracted trial that will start tomorrow.
 Secrecy Maintained
 Lists of prospective jurors were carefully gone over, witnesses were again conferred with, and their rec ollection refreshed, while stenograpn- ic reports of the former trial, in which a jury after long hours of deliberation reported themselves un- able to agree on a verdict, were read and reread by the attorneys who will oppose each other in court
 Horace c. Wilkinson, special as- sistant attorney general, in charge of the prosecution for the state un- der commission from Gov. Thomas E. Kilby, arrived from Birmingham late this afternoon and imme- diately went into conference with those of his assistants who had al- ready arrived, mapping out the plans to be pursued by the prosecution in the trial of the case. Assisting him in the case will be w. c. Davis of Jasper, Ralph W. Quinn of Birming- ham, Solicitor J. M Pennington of Walker county, W. V. Mayhall of Haleyville and c. E. Mitchell and J. F. Middleton of Hamilton.
 While the states attorneys ma tured their plans for waging the Nn tV1ry hat 1.x Al. the defense also caucussed among themselves and conferred with their witnesses and the soldiers under in- dictment in the county jail. Attor- neys who will battle for the acqult- tai of Lancaster include Licil Gray of Jasper, Senator A. H. Carmichael, Tuscumbia; Fleetwood Rice. John Mcqueen and H. L. Findley, Tusca- loosa. and Ernest B. Fite, Kel V. Fite and Fred Jones.
 While both sides maintained the greatest secrecy regarding their plans and watched each other much as two bulldogs waiting to be un- leashed, it is expected that trial of the case, when once begun. will pro- ceed to it's conclusion without any Interruptions similar to the one that last summer resulted in a contin- uance when defense attorneys charged Judge Wilkinson. chief at- torney for the prosecution, with hav- ing been the author of articles wi th reference to the case which appeared in the Marion County News. a few days before the trial began. and which, 1t was claimed. prejudiced> the case of the defendants.
 Plan Trials For All
 Some difficulty Is expected to be vi {,, ,a af 3,,r owing to the fact that former trials have created such widespread dis cussion of the case and so many of the residents of the county have either heard the evidence in court or have heard it discussed among their neighbors and opinions ex- pressed upon 1t.
 Following the trial of Lancaster. 1t is planned by the state to put the other defendants on trial as rapidly as possible. it is stated
 While plans for the prosecution and the defense progressed to- day, the nine prisoners who have been under arrest since few days after the lynching of Baird remained quietly in the Marion county jail apparently unmoved by the prepara- tions for the battle in which they will be the central figures, and con tinuing to maintain the spirit of op- timsm which has been character istic of them since tfRir arrest. Ex- cept for the time consumed In their daily meals and duties and that spent in conference with their attorneys. the nine men whose arrest caused such a wave of excitement through out Alabama and around whom so many months of legal battle has been waged, spent the time quietly with relatives and friends who were al- lowed to visit them.