The Birmingham age-herald., 1922-01-10
SURPRISE IS SPRUNG
 BY PROSECUTION IN GUARDSMAN'S TRIAL
Preacher Also Identifies De- fendant as Being in Car Going Towards Jasper on
 Night of Lynching

Night 0t lynChIng
 Hamilton, January s.-fspeeist
 ]. D, Avis. new state witness,
 testified late today at the trial
 of sergt. Robert Lancaster that
 few hours before William
 Baird .yns taken from the Walker
 county Jail and iynehed he
 heard Lancaster ask Captain Loi-
 lar, hts commanding officer
 ..yvhat time he should go." To
 this question. the officer, accord-
 ing to the witness, rephedi
 "About midnight" This eonver-
 sntion took place at the depot
 in TownIey few hours before
 the Iynching, according to the
 witness.
 Following selection of Jury in record breaking time. trial of Ser geant Lancaster, Alabama national guardsman. for the alleged murder of William Baird. striking miner. who. was taken from the Walker county jail at Jasper January ", 1s21, by a band of masked men and iynehed, was begun this afternoon before Judge A E. Gamble.
 With the exception of one juror. listed as a clerk Lancasters fate will rest in the hands of Marion county farmers. Trial of the case is expected to be considerably shorter than al the previous hearing q year ago. when mistrial resulted as g number of the witnesses used before will be eliminated tnis time. accord ing to plans of both proseeutipn anl defense.
 Crowds which packed the court room at the former hearing were n1- ticeable by their absence today. at tendance of spectators at the trial being very small.
 Details of the abduction If Baird from the Jasper county jail we're les- tieied 10 by ]. r. Sides. iailcr. there On the night of the lynehins. Tie wdness related 10 the Jury tp hear ing automobiles drive up followed b.s demands fof adlnittapee py fersona knocking eA the door.
 n<seriIiar seizure of Baird
 He then described the breaking in or three masked men and 10 being compelled to take them to Bair'is cell at the point of pistols and of the forcible removal of Baird by theri despite the prisoners appeal fcr help.
 During the recital of Balrds re- moval from the jail and his pleas for help. his widow sitting with counsel for the state, burst into tears.
 The state sprung a surprise late today when It introduced new wit- ness, J. D. Avis, who testified thas he overheard Captain Lollar tel Lancaster at the depot in rownley a few houds before the Baird lynchius to go about midnight. when Lancas- ter asked him what time he should go.
 Identification of Lancaster as be- ing on the front seat of an automo : bile going from Tow nley toward Jas per late on the night of the ,ynch- ing was made in court by Rev. A. Tidwell, a witness for the state.
 Court was called to order shortly after Il o'clock by Judge A. E. Gam ble of Greenville, who has been es- pecially designated by Chief Justice John c. Anderson of the supreme court to try the case.
 Enters Court With Smile Just before the formal order open ing court was made the defendants. Sergt. Robert Lancaster, was brought into court dressed in his army uni- form with an olive drab sweater, in- stead of the regulation blouse, ani carrying his campaign hat in hts hand. Lancaster entered smiling and shook hands with members of his counsel, after which he took his seat at the counsel table and chatted with his attorneys and others uptii court began.
 The state is being represented by Horace c. Wilkinson, special assist ant attorney general. Ralph Quinn. W. C. Davis. C. E. Mitchell, j.. M. Pennington and J. Y. Mayhall.
 For the defense appeared A. H.. Carmichael Fleetwood Rice. J. w.. i Mcqueen. Lecil Gray, H. L. Finley. kel Fite and Earnest Fite. Organi- "a tlon or the Jury was begun dS tfis first business of the court. A venirs of 100 men had been summoned t. try the Lancaster case. the regular venire of 40 and an additional special venire of 50 men. Qualification of | the prospective jurors was begun at | ff.10 and was completed al noon. The usual questions provided by the statutes were asked, which included among other inteirogations as to l whether or not the taiesman had a ] fixed opinion as bias that would pre- vent his giving the defendant far trial. whether fixed opinion aeainse | capital punishment exists in his mind ]