The Birmingham age-herald., 1922-01-14
HARDING CONCERNED
 OVER PROHIBITION
By Associated Press

T1HnDING OONOEnNGO
 OVER PROHIBITION
 By Associated Press
 Washington, January 13.-President Harding. if was made known today, is considerably concerned over the question of prohibition enforcement. but it was said, had as yet deter mined upon no definite policy to se- cure a more thorough compliance with the law.
 Unfavorable comment was made at the White House, concerning muni- cipalities which, it was said, had openly countenanced the flouting of the prohibition law. II was tndlcat- ed that the President was giving considerable thought to the situation It is known he regards law enforce ment as the keynote of constitutional government and it was said that he was observing the situation closely with the view of evolving some policy for adherence to the law.
 
 rebuttal. He testified to being in .udre WiIkinson,s office in Birming- ham when Jim Carroway, defense witness, was examined and to taking A stenographlc report of those pro oeedings and testified to certain statements made there by Carroway with reference to getting q gun silnS from the supply room of the ToWnley barracks. which Carroway had de- nied making while on the stand.
 stenographer Examined
 c. B. Fritz, stenographer at the former trial. was examined with rel erence to the testimony of Lieutenant McBride at that time. Excerpt rom the official report of the former trial containing testimony of this witness alleged to be contradictory of his testimony on the present trial, was identified by the witness and read to the jury by couI<el over objec- tions of the defense which Judge Gamble overruled.
 The next witness was Dr. J. w.. Knox, Townley druggist, who testi- fled for the state earlier In the case. He testified he saw Lieutenant Me Bride in his-store about 10 o'clock the night of the Baird killing. Defense witness had testified that the store closed at o'clock that night.
 The state rested at 10:45 o'clock this morning and the defense an- nounced that it had no further tes- timony to offer. All witnesses on both sides were ordered discharged by the court.
 Davis Opens Argument
 The opening speech for the prose cution was begun by w.. C. Davis. special prosecutor, of Jasper, at Il o'clock this morning. He told the jury that it Is an unusual case be- cause of the fact that 8 soldier is being tried for murder, a man whose uniform ought to represent the laws of the country and the protection of the weak as well as the strong. He said the jury is not concerned with the alleged rights and wrongs of the striking miners or whether Baird was justified or not in killing Pri- vate James Morris.
 Baird was in jail in the hands of the law and entitled to fair trial, he said. The state charges, he told them, that the men sent by the state to preserve order have been the cause of disorder and the perpetra- tors or one of the greatest crimes in the history of the state, the dragging out of jail of poor, helpless pris- oner and shooting him to death.
 Did Robert Lancaster do it?H he asked the jury. and referred to the tact that Norris belonged to the same military company as the defendant and was from the same town, Tusca- loosa, as a motive. Davis dwelt on the visit of Lancaster and other sol diers to the Jasper jail several days priorN 10 the lynching and the de- fendants inquiry about whether all the locks were the same, as show ing preparation for the crime, and reviewed the states evidence in de- tail. In closing he appealed to the jury to enforce the law by rendering a verdict of guilty.
 Argument for Defense
 When court reconvened at the aft -cruoou svssrvn svtrrr- Hfuosuren, Tusca- loosa attorney, made the opening speech for the defese. For 50 amin- utees he pleaded with the jury for the acquittal of Lancaster. In open ing he asked the jury to remember that under the law before they can convict they must be convinced be- yond a reasonable doubt that Lancas- ter participated in the killing of Baird Mcqueen took up the states evidence and dwelt on failure of any of the witnesses to testify that any soldier equipment was on the men who broke into the jail at Jasper. He characterized the majority of the states witnesses as being so sympa- thetc with the striking miners that to convict the defendant. even to swearing they could recognize an au- tomobile in the darkness by it's sound.
 The attorney then reviewed brief