The Birmingham age-herald., 1924-02-01
KEY JURY STILL
 OUT AS PATTON TRIAL BEGINS
Night Session Held By JudgeG Glen Stephens
 Arraigned


 HAMILTON, Ala. Jan. 3f.--(Spe. ciaf. )-Althoush the jury in the Joseph Key case is still out, the trial of Roy Patton, also charged with participation ih the lynching of William Baird miner, durins the 1921 coal strike, opened this morning and during the day a number of witnesses were examined. The testi. mony was similar to that in the Key case and in that of Robert I. Lancaster, who was sentenced to IS years in the penitentiary.
 ! The Key ease retired at 1 50 o'clock yesterday afternoon and was still out late tonight. Talk S0f a mistrial was heard among court officials. The .Lan- caster e@ss resultsd in z paistrlsi swics bsfefe ths trial Ikst sw&ek v Want Dss4lan zIsad
 Judge Charlss |. Almon E spseaihs up the ease and held another night session tonight. Glen stephens was ar. raigned this morning and his trial sei for February {.
 Roy Patton was placed on trial at 8 50 o'clock. The following were se- lectea on the jury Robert L. Hollis, Detroit; Morgan White. Guin; Ben. q. Burlcson, Hnlesyilie; Ben Nertham, Hamilton; John A. Ilolcomb. Tackle burg Mat Taylor, Hamilton; Oscar c. Duke. Dextar John T. Hudson, Hackle- burg; Josh w Stephens, Detroit {; George M. Burleson, Hamilton: ". .. Knight Detroit, all are farmers
 ]. F Sides. jailor. Walker county jail, testified as in previous trials. ]. D. Alvis testified he saw Captain Lclar atethe train on the night of the lynch. ing and heard Laficaster ask him what time to %. The answer was. About midnight" the witness said. M. Daniel, mail carrier; A. B. Legg, coro- ner of Walker county J. A. Ballenger, R. M. Ellis and Df. A. M. Waldfop testified the same as in former trials.
 Bryant Hartly testified Roy Patton was present when Lancaster said. How about going to Jasper and take Baird out of jail" No one said anything, he testified. On cross-examination he ad- mitted getting uniforms and returning them. He was followed by the follow ing witnesses, ]. T. Guin, B. o. Bryan, Clarence Mason, Mrs. Philips, ". ID. Craven, Avery, and NJ. C.. Norris.
 New Witness Introduced
 The state introduced . new witness. NJ. T. Hntto of Jasper. who was in busi- ness at Towpley during the strike. He said Captain L6lar was related to his wife, and that Isolar told him his men would trap Baird. After Baird was placed In jail at Jasper, Captain Lolar told Huffe he said that Baird would never be tried. On cross-examiHation he could not remember the month or the year statements were made. He nd- mitted he left Townley on account of the strike.
 Captain McMeans identified clothing found at the barracks.
 Glenn Stephens was arraigned this morning and the trial set for February 4. The jury. was not drawn on account of only 3D names being in the pot. Judge Almoti ordered the jury commit tee to fill the box. A large number of defendant witnesses are arriving from Tuscaloosa tonight.
 Sergeant Isancaster is in the HaH,Il- ton jail. He will testify tomorrow. The case will go to the jury tomorrow at noon, it is predicted.
 Defense Springs Surprise
 After the state rested its case shortly after o'clock this evening defense at torneys sprang surprise in calling Mrs. Irene Mckay. of Moundsvilie to the stand. She testified Hartley, the states star witness, told her some time ago that he would swear Ion stack of Bibles" that the boys" (ineluding Patten), were innocent.
 Following Mrs. Mckay number of character witnesses took the stand in Patten's behalf, among them Rev. c. NJ. Boyd of Tuscaloosa and Ernest Town sent, postmaster at Tuscaloosa.
 Court adjourned 1t 9 80 to resume again Friday morning.
 Nothing was heard from the Key jury during the evening. strengthening the belief that the case will. result in a mistYiai.