Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-03-12
Tried AS SLAYER
| OF WIFE AND BABE
)Verton Insane When He Com
mitted Crime, as Alleged,
Declares Counsel.

William H. Overton, on trial in the
Court of Oyer and Terminer before
zJudge Harry V. Osborne for the MUIR
ider of his wife and 4-months-old
|rhild. William S. Overton, ON June 2s
last, took the stand in his own be-
half today.
Overton was called as the second
witness for the defense, Frank NJ.
McDerm.t, who is conducting it, tell
ing the jury that he would prove to
Ehem that the double murder was not
|the act of a sane man, pointing out
that Overton had no reason
whatever for killing the innocent
thild.
The first witness called was Frank
|Spagnola, keeper at the county
GAIL, who has had Overton in charge
For several months. He described
lDVerton's actions at the Jail and said
hat ovefton spent a great deal time
Sleeping, giving as a reason that his
s'hrain was sagging down and he
eould not stand up" He also spoke
bf the habit Overton has of rolling
his head from side to side and of the
staring look in his eyes at all times.
/ Noticed by the Jury.
/ This latter trait has been noticed
by the iurymen as Overton is con-
stantly moving his head in the court
room, While his eyes bulge and he
stares around the room, apparently
hot seeing anything that is taking
place.
| In his own behalf Overton put in
denial of remem brance of anything
that took place on the night of the
murder. He said he remembered
being in a saloon in the evening and
bf going home. From the time he
reached his home until his arrest in
Hackensack five days later he de-
lelared his mind was blank, He said
he did not know his wife was dead
.lntil told so by the Hackensack
police
This is in contradiction of the
statements made by the Haekensack
police who say Overton told them
he was wanted in Newark for killing
his wife when he was arrested.
Despite the loss of memory of affairs
connected with the crime. Overton's
mind was clear on affairs dating back
kiyteen years, when he first came to
Newark. He told the name of the
man he worked for and had a dis
linct recollection of names dates and
places.
/ On cross examination by Assistant
Prosecutor Frederick c. Lehlbach,
bverton insisted that he did not know
his wife was dead until told so. On
he evening in question he had been
fhoodooed he declared, by negro,
whose name he did not know. He re-
hembered that he had a drink with
lhe latter and that the negro told him
he would commit murder.
The drink he had was snakes
blood" he said. He knew it was
makes blood because he could feel
he effects of it ever since. He also
declared that his brain was ''swelled'
nd that he knew he was crazy
asked by Mr.. Lehlbach whether he
4as guilty of murder Overton re-
plied. "There is a God in heaven.
he alone knows whether | am guilty
Ir not" The jury was deeply inter
listed in the mans testimony.
DR.. Walter Washington and DR..
william H. Hicks both testified that
hey had examined OVerton and that
be was not insane.
Jury's Theatre Party.
The jury sitting on the case had A
lheatre party and banana banquet
asst night. The theatre party was
Nth the permission of Judge Os-
borne. who on request of the mem
bers allowed them to visit Miners
Empire Theatre. accompanied by
curt officers, rather than spend the
|vening in rooms at the Continental
Hotel.
The banana banquet was not with
he Judges permission. 1t was coun-
nv store night at Miners, and when
he distribution of prizes took place
William Brodessor, of 507 south
Fourteenth street, juror No. II on
he case, was the lucky winner OF a
lunch of bananas. Court Attendant
lames Flaherty. who with John Hop
Inns. Joseph Ellis and James Hearn
were in charge of the jurors, went TO
he stage for Mr.. Brodessor and got
he bananas. What remained of the
bunch after the chorus girls got
through stripping it made fine mid
light lunch for the jurors on their