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BIRMINGHAM WEATHER Fair today. BIRMINGHAM AGE-HERALD THE GREAT FAMILY NEWSPAPER OF THE SOUTH The Age-Herald carries the full day and night Associated Press dis patches seven days a week. VOLUME LI BIRMINGHAM, ALABAMA, FRIDAY, JANUARY 13, 1922 14 PAGES NUMBER 253 DEFENSE IN LYNCHING CASE TO CLOSE EARLY TODAY ft * ft ft ft ft Newberry Is the Winner in Senate Election Contest FORMER PRESinmr POINCARE MAY BE NE W HEAD OF THE FRENCH GO VERNMENT Makes Lengthly Statement in Justification of His Action at the Conference at Cannes By Associated Press Paris, January 12.—Aristide Bri and today resigned from the premier-! ship, and Raymond Poincare. former President of the republic will likely succeed him. .VI. Briand’s resignation came with dramtic suddenness in the Chamber | of Deputies for the premier, return- i ing this morning from his confer- i euces with the British prime minister ■ at Canne had brought th eopposing members of his cabinet into accord ; with his policies and, by a powerful ^ speech in the chamber, had apparently ! won over the great majority to his | side. His blunt eloquence evoked a tiemendous ovation, and when he abruptly declared his intention of! withdrawing from the government, the members of the chamber seemed ' ov erwhelmed. Although the retirement of Pre mier Briand was unexpected, It was i apparent from the very beginning, that he felt keen resentment against 1 the many obstacles placed In his way! in the important negotiations in j which he engaged. fie had the appearance of a man aged and physically fatigued through out his entire speech. Great Eloquence Notwithstanding this however, sel dom has M. Briand risen to the high \ pitch of eloquence attained today j when in a voice trembling with ill- i suppressed emotion, and facing his I colleagues on the minsterlal benches, I he said: “A statesman has no right to go to his post of battle if he has not the certainty that he shall not iContinued on Page Two) SINN FEIN WILL TO DECIDE POLICY DeValera Predicts Split in Organization Over the Irish Treaty — Delegates to x Gather February 7 By «\R*ociateU Pre»» Dublin, January 12.—The king’s ] oclamation of amnesty, announce 1 silt of the departure of the auxil i ries and the resolution of the Sinn l'ein executive council to summon an extraordinary convention for Febru i y 7, to decide upon the future of t -e organization and policy after Lamon DeValdra, had predicted a i nlit in the organization, where the chief developments in the Irish situa tion today. Behind the Dai! Eireann stands the Sinn Fein organization of nearlv l.r*CG clubs from every district in 3 ' land. It is responsible for the s’ « f‘es8 o1 tht parliamentary and • tht*r c'c»tions and is re«,\ r.< 1 i*fi t i a;i!h«ptic popular voicj by ?• 1 • ' ip Feiners. DeV’alera is still its 1 vsident a nr. all its machiner’ no < - t< .ore has been directed exclusively lo’.var 1 indc| endence. The morning session of the exccu ti\e body of the Sinn Fein was de voted to the election of a standing cm mmittee which meets in Dublin for a)’, routine work of organizing. The election did not follow strict party lines but its membership will be can vassed throughout the country to morrow, to ascertain whether its in fluence will be used for or against the supporters of the treaty. Col. Bibb Graves in Race for The Governorship of Alabama Sets Forth Declaration of Principles, Chief Among Them Being Abolishment of Board of Tax Adjusters By FRED H. UORMLET Montgomery Bureau The Are-Herald. 221-2 First Xatlonul Bunk Building Montgomery, January 12.—(Spe cial.)—Col. Bibb Graves of Mont gomery, will be a candidate for gov ernor in the democratic primary, Au- I gust 8. He made this positive state ment late Thursday night on the eve | of the meeting of the state demo- ' cratic executive committee for the ; purpose of providing for the pri- j mary. Colonel Graves didn't announce but did state that at the opening of j the campaign he would become u • candidate, in his formal statement he set forth a declaration of prin ciples. Chief among them being a reduction of taxation by the aboli t.on of the tax adjusters and the placing of the duty of equalizing taxes oil elective officials, the aboli tion of the state board of control, the discontinuance of all exemptions except to churches, grave yards, schools and charitable institutions, the adjustment of freight and pas senger rates, the calling of a state democratic convention for the pur pose of writing a democratic plat form, an equitable appointment of a liberal appropriation l'or public edu cation, the bringing of pressure on the national government for an ev servico men’s bonus, the proper sup port of the health ahd child welfare departments and the maintenance of all prohibition laws now on the siatule books. Another plank, about which Colonel Graves said little of the much that could be said, was the maintenance of an American Sunday. He said he would prevent Its being commercial ized by" amusements run for money. He also favored the equalization of the- effect of all laws In order that voters, men and women, might have the same opportunities of participat ing in affairs of government. Favor* Bund Issue Referring to highway construction, Cole nel Graves said he was for the bond Issue which will be submit ted January 30 and if elected gover nor would see that the pledges now being made would be carried out to the letter. Or labor, Colonel Graves said lis was for the open shop, “open to all men. union men and non-union men.” and favorable to the maintenance of a freedom for all men, a freedom which would permit bargaining •cither individually or collectively. Colonel Graves closed his state ment with an appeal to the people, if they place the duties of the gov ernorship upon him, also to give him a legislature which would abide in oairying out the policies which he outlined. He further said he would r.sk for a platform founded upon hir, principles if a state convention be called. Colonel Graves' announcement caused much surprise. It had been reported for many months that he would be a candidate; but time passed and not a word came from him. Ht3 friends during the week revived the rej ort. but there had been no IntLma tioi that he would get into the ct n •cst 075 the evening preceding the I meeting of the democratic commit tee. German Economic Expert Addresses Cannes Conference By Associated Press Cannes, January 12.—1The allied supreme council adjourned In definitely tonight after receipt of news of the resignation of the Brland cabinet. Adjournment wu token after Walter Hatheaau. German fin ancial expert, had ftniahed ad dressing the council, and no ac tion or comment was made npon j his remarks concerning Ger many's default at her January reparations payment. Positive Foundation Laid For Business Development In 1922Reserve Board Says By Associated Press Washington, January 12.—The most encouraging feature of the busi ness situation at the opening of the,new year is that a positive foundation has apparently been established upon which to build banking and business development during 1922, the federal reserve board declared tonight in its monthly bulletin for January. Policies to be pursued during 1922, the board asserted, should therefore be constructive rather than merely conservative, "and will probably show the results of this constructive quality in the form of proper en largement of banking accommoda tions. greater case and liberality in the money market, and better pros pects of business and economic de velopment.’.’ The progress of business recovery during the past year was declared to have been “exceptionally uneven,” but “in those lines of industry which -upply the immediate needs of the -cuerai public a very satisfactorj* , <V-,nand for goods has' been expe V..need, and productive activity ha& fstiiadUy grown.” tinrope Improving > ”tt continued to be true, however," gie board continued, “that no com* vials or general recovery of dosses* tic business win no pu=»iu«: s«i« through the rectification of foreign conditions. The economic outlook in the leading European count: ies at the opening of 19-2. however, is evi dently better, except In one principal element, than it was six months ago.” This element, the board explained, was the failure of Germany to fulfill the reparations agreement. "Aside from the menacing develop j ments on Germany.” the board con ] tended, "and the maladjustment in prices and exchange, which is gen erally conceded to be closely related to the terms of the reparations agree ment, economic conditions show im provement of the state of things six months ago. The improvement is du. to an actual revival In the demand for good*, and has occurred in th< face of very aerlouf credit and cur rency condtti U. S. POLICY ON THE ECONOMIC PARLEY Resignation of Briand May Cause Further Delay in Determining the Admin istration’s Attitude By Associated Press Washington, January 12.—Determi nation of the administration’s atti tude toward participation in the inter national economical conference called to meet at Genoa in March may be delayed as a result of the resignation of Premier Briand of France, It was indicated today in high official cir cles. It is the intention of the ad ministration to avoid haste in decid ing its course in connection with tho economic conference, according to high officials, and it is believed that the change in the French ministry would be another factor to be con sidered before a decision as to this government’s attitude will be reached. So far the United States has not agreed to participate in the Genoa conference, it was said at the state department ;oday In response to in quiries arising from the statement by M. Briand in the chamber of depu ties at Paris that the American gov ernment had agreed to take part In that meeting. The administration, however, is un derstood to consider the resolutions adopted by the allied supreme council in calling the conference as couched in the terms of an invitation to the United States to participate and to be without division of opinion on its attitude toward the present situation. Until the scope of the contemplated conference discussion are known the United States also scarcely will be able to determine the advisability of taking part In the proceedings. Committee Investigating Al dermanic Form of Gov ernment Present Data The Junior Chamber of Commerce at a regular meeting held last night in the auditorium of the Chamber of Commerce went on record as being unanimously in favor of the re-open ing of Pershing pier at East Lake next summer for public dancing. Ap proximately 60 petitions were drawn' up calling for a referendum and will be placed this morning in the im portant down town stores by the members of the Junior Chamber where everyone in favor of the pub lic dancing can sign. A committee header by Edgar Bowron. Jr., and composed of R. H. Shaddick, Chappelle Cory, Jr.. J. K. Taylor and Donald B. Wood, was ap | pointed to have charge of the clrcu lation of the petitions and to have ! charge of presentation to the city j commission when the proper number of names have been secured. A report of the committee which has been Investigating J»e city gov ernment of over 100 cities of over 100,000 population was presented by M. K. Sterne, chairman of the com j mit tee. Mr. Sterne produced several questions which lie had written to the secretary of the chamber of commerce in the different cities and also their answers. This informa tion was turned over to the commit tee which is studying the aldermanic form of city government and which will make its report at the next meet ing. Approximately 73 members were in attendance lost night and during the evening short speeches being made by several prominent Birmingham citizens, among them being Commis sioner W. L. Harrison and former Commissioner Arlie Barber. liAHVKl AHKKSTKU New York. January 12.—Marcus Harvey, negro president of the Black i Star Line and head of the Universal i Negro Improvement association, was ! arrested today charged with using 'the mails to defraud. He furnished 1 $2,500 bail before Federal Commis | sioncr. Hitchcock and was released, f pending examination next Thursday. GISTOFTHE NEWS tifiNGRAIi i Defense closes argument In trial of | Arthur Burch. Smoot amendment to the Fordney i hill would give Harding brood power. .South again fights for return of 920U.O00.tNK) Illegal tax. 8TATK legislature can give more fees, court nays. Negro preacher la held for killing at Selma. Fraak Moody la aew president of Tuscaloosa bank. Life and SO years must be served toy Jefferson county convict. LOCAL Cold weather drives men and boys to city hall. Referendum petition on dancing under way. Realtors plan for Improvement ®l city. Funeral services ef victim of brutal axe murder. Non-Jews to raise fund for V. H H. A. Sulphnr by water to Acid makers of Birmingham. Railroad Officials Appear Before the Commerce Commission By AiMclttsd l'rei# Washington, January 12.—Two rail road presidents completed statements today in opposition to railroad rate reductions at the interstate commerce commission's investigation Into the reasonability of transportation rates and also underwent prolonged ques tioning from commissioners who heard their arguments. Daniel Wil lard, of the Baltimore and Ohio, dur ing a long exchange with Commis sioner Each, insisted that lower costs of railroad operation could not be attained by abolition of passes for railroad employes, private cars for executives, or similar alterations of policy, because their relative im portance was little. S. M. Felton, president of the Chi cago Orest Western, however, in answer to questions from Commis sioner Lewis, said that railroads can not be efficient in the employment of labor until the railroad labor board, which controls them under the trans portation act, allows them to estab lish rates of pay which correspond with wages paid workers of similar occupations in the communities which the railroads serve. Japan and China Make Further Agreements on the Shantung Matter By Associated Press Washington, January 12.—Direct ing their efforts to settlement of minor phases of the Shantung dis pute while awaiting word from To kio and Peking regarding compro mise proposals submitted by Arthur J. Balfour and Secretary Hughes for a solution of the cpnt-ovsrey over control of the Taingtao-Tsinanfu railway in the Klaohow leasehold, the Chinese and Japanese delegates today agreed to the disposition of concessions for extension of the road. The two groups, however, failed to reach an agreement concerning the opening of the port of Tsingtao to the commerce of the world on equal terms. Another attempt will be made tomorrow, it was announced. The Chinese proposed that Tsingtao be a "seif-opened" port, as distin guished from a "treaty" opened port. To this the Japanese tentatively agreed but desired more time to consider terms under which the port should be opened and administered by China. No great difficulty is looked for In arriving at a solution of this question, however, but the many details involved tn it, It is said, will consume a good deal of time. Arkansas tornado Results in Death of Three Persons By Associated Press Pettigrew, Ark., January 12.—News reached here today of the death of three persons and the destruction of farm houses and other property worth thousands of dollars In a tor nado that struck Fallsville, a remote settlement in Newton county January 4. The scene of the storm is in one of the wildest sections of the Ozark3, without railroads or telephones, and tlie courier who brought out news of the tornado reported that many per sons are in need of assistance The dead are: William Nichols and his wife and Mrs. John Donahoo, his mother-in-law. Miss Estelle Donahoo, 16. a cripple, and Edna May Donahoo, 7, were se riously injured. -Mrs. Donahoo’s body was blown 300 yards and parts of the log home were found four milts away. Other houses i were destroyed or unroofed and the | tornado destroyed a large amount of timber as it tore a wide swath I through the virgin forest. Army Transport Is Fighting to Reach American Shores By Associated Press New York. January 12.—puffete 1 by mountainous seas, leaking and I partially disabled by engine trouble, i the army transport Crook tonight jdoggedly maintained her fight to i reach land with her 1,000 foreign ! rervice veterans, war brides and children. Wireless messages picked up at Governor’s Island reported the troop ship still several hundred miles j at sea, but steaming toward New | York at a two-knot clip. Up to ea.’ly ! this evening, the St. Miliiel, sent out to aid the Crook, had not reported. Dispatches from the transport de clared the morale of all on board wasdfciigh, unshaken by last night': orders to man the lifeboats and pre pare to desert the floundering ves sel. Women, they said, hung over the rails, laughing and joking with the men, who sang as they made all ready to meet the catastrophe, it it should occur. Many, however, were sea sick. CHILD FATALLY BIRRED Ashland, January 12.— (Special.) — According to reports reaching Ash land today, the 6-year-old child ol Mr: and Mrs. Alonzo Daugherty, ol about 15 miles south of here. Wat burned fatally in an open grate Tues day morning, death resulting yester day. The child’s name is not knowi hers. FORD MEETS WEEKS FOR A CONFERENCE ON SHOALS TODAY Discussion Will Likely Bring to Conclusion Negotiations on the Detroit Manufac turer’s Proposal Rj Tress Washington, January 12.—Secre tary Weeks arranged today to con fer with Henry Ford and his advisors tomorrow in an effort to adjust dif-, ferences between government offi cials and the Detroit manufacturer i purchase and lease the nitrate and waterpower projects at Muscle Shoals. The conference was expected to re sult In bringing the long pending ne gotiations to a conclusion and make It possible for the war secretary to take final action within two weeks. J. \V. Worthington, who asked for the meeting In Mr. Ford's behalf, de clined to comment on what attitude I the Detroit manufacturer would take with respect to the request that cer- | tain modifications he made in the pro- | poBal in order to make it acceptable, ! and officials of the war department ' declared they had no information as j to what changes if any would be j made. It was stated definitely, how- ; ever, that unless alterations were i agreed to In the conference the offer ! could not be submitted to Congress j with a favorable recommendation. HurMtionnutrp Prepared ®4dt*etary Weeks also was knovtn to have prepared a questionnaire Which he would present to Mr. Ford for answer. The result of the answers. , it was said, would go far toward bringing the two groups to an under standing and determining what dis position of the proposal the secretary would make. While officials declined to say what the questions wrere in advance of the conference, they described them as 1 being to the point and aimed directly at provisions of the offer dealing with j future operation of the plants at Mus cle Shoals. One was said to involve the future use of plants In trie event the experiments proved after reason- j able trial that commercial fertilizer compounds could not be manufactured at a profit. Week* Hu rut ion* Along this line of questioning, it i was understood, the secretary w'ouln ask what Mr. Ford would decide upon as a substitute, whether it would be something for the national good and how long he would be willing to manufacture fertilizer at a loss and whether he would be willing to give a sufficient surety bond to the gov ernment to guarantee production of fertilizer compounds despite possible (Continued on Page Two) DENBY MAY AGAIN HUNT IN VIRGINIA By AHorlatfd Preea Washington, January 12.—Another delicate situation has been cleared away, and Secretary of the Navy Den by will. In consequence, be able to hunt as often as he desires in Vir ginia. At least, so says a letter the secretary received today from M. It. Hart, secretary of the Virginia de partment of game and inland fish eries. Recently Mr. Denby was reported as having engaged In a game hunt in Virginia without having a state license, and Mr. Hart wrote him. asking an explanation. In the ensu ing exchange of notes the navy sec retary showed that he had had the required certificate, and Mr. Hart's reply today said: ■'We trust that you may visit Vir ginia on hunting trips frequently, and wish to assure you it will give this department pleasure to assist you in making your visit enjoy able.’ In discussing the incident todav, Mr. Denby was reticent in telling the number of shells he used in bring ing down each bird, but declared it ] was not over an average of 5R. He only stopped shooting, he said, when I he began to fear he was filling up the nearby river with lead and form ing an obstruction to navigation. WARD ENTERS RACE j To Manage Own Campaign for Ag riculture Commissioner Montgomery. January 12.-—(Spe cial I—Judge John B. Ward of Abbe ! ville member of the house of ropre sentatives from Henry county in 19f> and former probate judge of the same county, today entered the race for commissioner of agriculture of Mahama. He Is the third candidate for this office and the fourth to he mentioned for it. Judge Ward notified William P. robb. secretary of state, that he will manage his own campaign and will receive and disburse all funds .rhlch will be used in the furtherance of his interests. James M. Moore, supervisor of the division of food, feed and drugs of the state department of agriculture, was the first person to qualify for this race. James A. Wade, former commissioner of agriculture, filed his declaration lust before Christmas. Robert F. Seale, member of the house of representatives from Sum ter county, has informed Ills cr|ent) that he is considering making the race and would have a definite state ment during the next few days. NINE G.O. P.’S VOTE Vote Is 46 to 41—Democrats Are Solid in Opposition to Seating Michigan Senator By Associated Press Washington, January llv—Truman H. Newberry of Michigan tonight finally won his long fight for a seat in the United States Senate. y The right to the seat was de termined by the Senate itself, which, by a vote of 46 to 41 on a resolution sponsored by republican leaders, as serted that Mr Newberry was en titled to his seat. All who voted for him were repuo licans, while nine republicans and 32 democrats voted against him. Three senators were paired for and three against the resolutions and three sen ators did not vote. Adding to the resolution declaring Mr. Newberry entitled to his seat and denying the claims of Henry Ford, the defeated democratic con testant In the 191S election that be cause of campaign expenditures Mr. Newberry was not entitled to sit in the Senate, was a statement of pub lic policy by which the Senate "se« verely condemned and disaproved" the use of excessive sums in behalf of any candidate. Mr. Newberry, himself on the floor only once during the long battle, and then to speak in his own defense last Monday, telephoned his support ers at the capitol loniffht after the result was determined, that ho re garded the results as a •‘complete vindication and an exoneration of myself and all concerned." *evrDerry * mmemem "My heart Is filled with thankful ness.” he said, “that the three years and four months of persecution has ended in a complete vindication and an exoneration of myself and all con cerned.” His announcement definitely an swered statements made during: the closing hours of debate that Mr. New berry did not approve of the resolu rion In Its final tortij. His supporters had held that the condemnation or the use of excessive sums of money appended -to the original resolution merely restated what the majority of the investigating committee had writ ten In its report and what Senator Newberry himself had said. Demo crats and republican opponents, how ever, contended that it placed the Michigan senator under a cloud and there were insistent demands that he Continard on l*nge 'lHrol OF ARMS TREATY Conference Discusses Effect Briand’s Resignation Will Have on Negotiations. Americans Apprehensive By Associated Press Washington, Januray 2.—Further details of both the naval treaty and the Shantung negotiations were ironed out today, but the arms dele gates gave up hope of a plenary session this week to announce defi nite results. The “lug five" completed B* first revision of the naval convention ami sent the text back to its legal ex perts for a redraft of the changes. They will meet again tomorrow, and a virtually completed treaty may be ready for the full executive ses sion on Saturday or Monday. In the Shantung conversations fur ther supplemental agreements were reached by the Japanese and Chinese, and a new promise of progress on the central question of the Teingtao Tsinanfu railroad was held out by a series of compromise proposals suggested informally by Secretary Hughes and Arthur J. Balfour. Word of the resignation of Pre mier Urland of France created a mo meulary stir in conference circles but the disposition in French quar ters tonight was to minimize ,ts Im mediate effects on the Washington negotiations. Albert Sarraut, head oi the delegation, announced he would go ahead with his conference outtes pending instructions from the now cabinet, and indicated hts belief that the change of administration would n,,t vitiate the agreements projected here. Krlnnd'a Itetireiiienl Among American officials in the conference, however, there was ap , prehension that M. Briand's retire ment might have it far-reaching ef fect on the naval limitation program. It was pointed tint that the retiring premier had been directly responsi ble for France's withdrawal of hei USD,000-ton capital ship proposal, and that the temper of the succeeding cabinet on that subject could only be conjectured. Included In the few treaty provi sions not yet finally accepted In tlu informal conversations of the “big five” are understood to t><^ the sec tions relating to disposition o; scrapped ships and fixing a "statu: quo for Pacific fortifications. Or the former however, the chief dele gates are said lo he in virtual agree rnent while in regard to fortifica tions the instructions awaited froo Tokio are generally expected to luakt an eari,j- settlement possible. BLOOD IS DRAWN AS WITNESS AND ATTORNEY BATTLE Itjr DOH.I.AS ii. TINM-HV Hamilton, .lannnry I-.—- (Spe cial. »— Blow* wrrr passed br lwpfn Horace Uilklnuon, spe clal assistant aMorney general fn charge of the prosecution of Hob* ert I,alienator for the mnrder of William Hal rd. and Meat. L B. McBride, iiltneaN for the de fense. thin afternoon on the street here. The affair la aaid to have grown out of a clash between the nttorney and the witneae In court early in the day, while Me Hr Ida ««» testify lug. During croaa ex amination of Mcllride, W ilkin ■on naked MeHrlde If he didn't make a certain atateincnt at the former trial, rending from a stenographic report of the first trlnl. “I don't know whnt was In that book nnd whnt you put In it.*' McBride replied. Wilkinson jumped to his feet and told the court i •*! resent this witness In sinuating that 1 put anything la this hook. It 1s the official rec ord of the former trial, aud I intend to Introduce It at the proper time. If he'd make that statement out of court I'd knock his head off." l.ate this afternoon, daring a recess of court, according to wit nesses. McBride accosted Wil kinson on the street and struck nt hint. In the exchange of blows blood was drawn from the attor ney's nose. They were separated by bystanders. EVE OF MEETING McDowell’s Friends Lay Plans for Fight, While Conven tion Plan Advocates Are Active By FKEI> II. GORMLEY Montgomery Bureau The Are-Herald. i 221-3 First National Hunk Building Mpntgomery, January 12.—(dpe cl*J )—Gossip about candidates for office in the democratic primary August 8 became general among lookerson here for the meeting of the state democratic executive com mittee at noon Friday following the announcement late Thursday fror Col. Bibb Graves that he would be candidate for governor. Friends of Senator Charles S. | Dowell, candidate for Lieutenant i ernor. began their plans for a . .gut, i believing another entry in the race : for governor will mean another entry ' | for lieutenant governor. B. T. Phil* : lips, state senator of Lee and Russell counties, was prominently mentioned in the hotel lobbies during ths «v,. ning as the probable running mats of Colonel tirav'ea. SenRtor Phillips is In Montgomery and some of nis friends admitted that he was cons'd1* ering becoming a candidate for a state office." Convention Advocate* Huey Supporters of the convention plan for the nomination of candidates for Judges of the supreme and appellate courts will make a sincere and hard fight to have the state committee adopt their suggestions. The execu tive committee of the Alabama Bar association in. special meeting Thurs day afterncln named a subcommittee and charged it with the duty of pre | paring the resolution calling the > convention which will be among the | first matters to be submitted to the I committee. Candidates and particular friends of candidates, including those who will be in the. race for the supreme court and appellate courts, are fight ing the proposal. The contention Is that the plan was put forward in the interest of persons who would seek the nominations In a convention but who vv;ould not have a chance in a primary. r#ookerson have reached the con clusion that the convention resolu tion will not receive many votes. One thing is certain: the committee is determined to put up the bars and to admit only those who voted the 1 democratic ticket in the last general election. .Tames H. Webb of Mobile, will be named chairman of the committee as the successor of W. D. Nesbitt. of Birmingham, unless something un usual happens. No opposition has yet developed. LANCASTER DENIES PARTICIPATION IN KILLING OE BAIRD Defendant Declares He Was Asleep on Cot in Barracks at Hour Lynching Said to Have Occurred Hr DOI'Gt.AS O. TlNSLEt e Hamilton, January 12.—(Special.) Absolute denial of any participation in the lynching of William Baird, striking miner, in Walker county a year ago, was the answer today of Robert J. Lancaster, Alabama guardsman, to the state’s charge of murder, on which he .is being tried. Lancaster took the stand tn Ms own defense thin afternoon at 3:16, Vor more than an hour, under the a auco of A. H. Carmichael, cdHdr for the defense, he related to ,% Ma rlon county Jury in detail hls move ments on the fatal night and tcTd them that he slept on hls barra oot from midnight until morning. Crowds of spectators packed the room and hung o\er the railing* a* the accused soldier told hls story and underwent a grilling cross examina tion at the hands of Horace IS. Wil kinson. special assistant attorney general in charge of the prosecution The crowd leaned forward and fo cused every eye upon (he uuused man when Mr. Carmichael asked him the direct question if he and other soldiers had together raided the Jas per Jail, taking Laird out and shoot ing him to death. mirarr, me fli't’iufd soldier faced the 12 men who will decide his fate, and In a • voice, audible over the en tire room, replied: •*l did aot.M The defense will close He case thn morning, after which the elate wil, offer rebuttal testimony, and argu ments will b© made, followed bf ■fudge Gamble’s charge. Lancaster’s fate will probably bs in the hands of the ju * r.i«v afternoon. Lancaster** *1 Sergeant tncaiU he lived, and jol' guard tllf H the ies F r* Str ewn; 'at outfit, wneru Ui ' !Ui Wh-:n the oo«l . .less testified. h T ' /fia, where bt h«u to his d i sch ur g<» He drove a tax! for called out on strike >mpany M. Fourth Ala try. He first did duty iley, in Walker county, he and later at Townley, with inent of about 80 men. De was on strike duty from September 17 until the Baird killing i The barracks where the detachment ' was quartered were about three quarters of a mile from Townley, de fendant testified. There were three V*08ts, he testified, one at the bar racks. another in Townley and the tihird at the junction point, where the 3r1king miners received supplies, fiese were taken care of by several ^trols, in placing which there was n<> formality, re. he 10 tli ter d< patro* i whet* fi he test! thenoe i Whei| th ink o.f Larnast His c< the f1r»: head n<p cn and with Hi slept V ant M * On Duty Till Midnight 8 o'clock on the night of Jan 1.M1, defendant went on h hisgpatrol, he tes to 12 there was no at the barracks. Us aced two men at tho During the time he be on duty he stayed About 12 that night ifled, and went back ti . th his patrol. Lancas ig Leslie West at any at Knox’s drug store i Defendant took his i camp via the railroad ft ff duty at 12 o'clock, the union joint, and *oad. ived there he got a o.i' a and went to his room, l ;i the jury. n the corner next to iff. ie testified, with the e fire. Sergts. Whit son and Clyde Kitch* VIoore shared quarters taid. •r ( en went to bed and mah ut the night until v* it morning by Lieuter; ule, he testified. This was « 'T ».e said, and he got up abo it ' He denied asking our \ a scabbard or send anyone for *e». His shoes wer-f v/et trorn ti. *ain in which he did t\, v nv 1 night, he said. I*an . w n iled tatins at breakfast i b t ; he oing to cut a notch ( n y * p iat the man who told I nottvu on Page Two) My Favorite Stories By IRVIN S. COBB An Earnest Cry for Help Our town—I mean the one where I was born—formerly abounded in characters—“types” they’d call them in a larger place. One of our local institutions 20 years ago was a black driver named Abe, but ’ called Old Abe for short. Abe was popular with both races, good 1 natured, loud mouthed and friendly. He had one social shortcoming, though. About once in so often he would slip out on a dark night and acquire something of value without the formality of speaking to the owner about it. Kor awhile he escaped a penitentiary sentence. But eventually he was caught with what the grand jury and the prosecuting attorney regarded as the goods, the said goods consisting j of a stray calf. He was lodged in the Blue Eagle jail to await trial. 1 His cell was in the upper tier. On the Sunday afternoon following ; his incarceration his wife, accompanied by five or six of Abe’s pick aninnies, came to pay' him a visit. It was the first time she had seen him since his arrest. , On her way out she was halted by the deputy jailer, whose name was Grady. ,. , ... “Dora,” he said, "have you hired a lawyer for Abe yet? “Naw, suh,”-*he said, “effen Abe was guilty, right away I'd git him a lawyer. But he p’intedlv tells me lie ain’t de leas' bit guilty. So, of co’se, dat bein’ de case, he «in’t needin’ no lawyer to git him clear.” From the floor above, down the iron stairwell, came floating the voice of Abe: . “Mr. Grady, oh, Mr. Grady!—you tell at fool nigger Oman down thar to git a lawyer—an’ git a dam good one. too." (Copyright, 1922, by the Central Press Association.)