The Birmingham age-herald., 1922-01-12
ASLEEP IN BUNK WHEN BAIRD SHOT,
 WITNESS STATES
Case of Accused National GuardSman Expected to Reach Jury Sometime
 Saturday
By D. G. TINsLEY

<S tts o+ AAANCAabt
 Hamilton, January 11.-(Special) Sergeant Robert L. Lancaster, Ala bama guardsman, on trial for mur- der was asleep on his barracks cot at the time masked mob was shooting William Baird. striking miner. to death on Walker county road after abducting him from the jail at Jasper.
 This was the testimony given be- fore Marion county jury by fellow soldiers of Lancaster. charged by the state with participation In the lyncA- ing when the defense opened it's guns this afternoon in circuit court here and began construction of an alibi for the accused soldier.
 Testimony for the defense is exe pected to be concluded Friday. after which rebuttal testimony win be of- fered by the state. followed by argu- ments of counsel and the charge of Judge A. E. Gamble. Present indica- tions are that the case will reach tue Jury some tune Saturday
 State Closes Case
 The state closed It's case at noon today and the defense began it's n, nings at the afternoon session.
 B. G. Searey, member of the de- tachment to which Lancaster 5e- longed, told the jury he was on guard duty around the barracks du-- ing the hours covering the lynen- Ing and that he went in Lancasterts room on two occasions between mid night and o'clock 10 fix the fire. and on both occasions the defend- ant was sleeping in his cot
 Sensation of Day
 Charges by former members of Com pany M, introduced by the state, that Horace c. Wilkinson, chief prosecute ing attorney, had threatened soon after the lynching to jail them .it they didn't come across and tell what they knew" were sensational devet- opments of today's court sessions. Efforts were made by the defense at today's sessions to show by ques- tions on cross examination that these witnesses were intimidatcd into be coming state witnesses by state ot- fieials in whose custody they were during the period between their re- moyal from Townley following the lynching until and during the f5fst trial of Lancaster.
 Refusal ef BeraNe Wilkinson 'rrosf Rk theei,sa 9u iiflqs defesae attorneys to cX0niie stenoeraphr' report of interrogations of witness and his answers m the lawyers office soon after the lynching of which he was questioning the witness w's sus tained by Judge Gamble.
 A number of character witnesses from Tuscaloosa testified to the good character of the defendant at today's session.
 Springer Is Recalled
 Clyde Springer, member of the de- tachment of soldiers at TownleN when Baird was lynched. was recalled to the stand for oss-examination when court reconvened, this morning. He slept in the Towney barracks until o'clock the morning of the lynch ing, when he was awakened for for kitchen duty. he said.
 At breakfast the witness testified that they had heard that Baird had already been taken from jail. but did not know he had been killed Lam caster laughingly said he guessed he'd cut notch on his gun" the wit ness testified. All were joking about the affair, he testified.
 The witness testified he was taken away the next night about c'clock. He was taken to the jail at Jasper. he testified, and was then taken te Montgomery. On his return, lie said he was put in charge Of Connie Aus tin and was under guard until after the first trial of Lancaster, o which he was brought under what ne con sidered arrest. He first told his story to Judge Wilkinson in Birmingham in the presence of Austin. Captain Fleming and others, he said. When he came to the first trial, he testi- fled. he and others were met at Guin by Judge Wilkinson, who brough them to the office of defense attor- neys and told them they need noI. talk to the defense lawyers unless they wanted to. and witness refused to talk and walked out.
 Relieved From Duty
 After the first trial, Springer tesi fled, he was relieved from duty. He denied that he was cared for by the prosecution or the miners while he was seeking work at the Bankhead mines.
 Springer was followed on the wit ness stand by Clyde Kitchen. another member of the Townley detachment of Company NJ. He testified that Lancaster and others lived in the same barracks with him at Townley at the time Of the Baird killing.
 That night he went to bed about 9:30 he testified. and got up at 5:30 the next morning He did not see Lancaster during the night, he testi- fled. When witness got up Lancas- ter was in bed. he said. and got ilp about 6 o'clock. I.ancaster's pistol scabbard was muddy. the witness testified. that morning. Lancaster told witnesses he would get the shine boy to get the mud off Al that time. witness testified, he had