Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-03-11
INSANITY DEFENSE
IN OvERTON TRIAL
Negro Who Hanged wife ana
Child Was Mad, Coun-
sci Declares.

William Overton, a negro, who on
June rs last murdered his wife, cora
b., and infant son, William s.. by
hanging them to bedpost in their
home at Ga Waverly avenue, went on
trial for his life today in the Court
of oyer and Terminer before Judge
Harry V Osborne.
Frank NJ. McDermit, counsel for
Overton. at the opening of the case
sought a postponement or a change
of venue, giving as his reason that
Prosecutor Wilbur A. Mott had yes
terday procured a postpenement of
the trialof Antonio Fiore. for murder,
on the plea that the panel of jurors
submitted was not satisfactory.
Mr. McDermit stated that il that
was true in the Fiore case it should
also apply to Overton's, but his mo-
ton was overruled by the judge after
Assistant Prosecutor Andrew Van
Blarcom, who is conducting the case
for the State, had explained that none
OF the men named in the special panel
for the Fiore case had been summoned
in the Oyerton case.
Mr.. McDermit made it apparent
that the. defense in the case will be
that Overton was insane at the time
he committed the crime. The first
question he asked Asbury T. Nick
erson, of $50 South Seventh street
+ the first talesman drawn. was if ne
had any objection to insanity as
defense in murder trial. Mr.. Nick
erson said he had not. but was ex-
cused by Mr. McDermit for other
reasons.
Charles W. Harper of GIG South
Orange avenue, retired hotel-keeper
the second man to be examined, was
satisfs Glory to both sides and was
chosen as the foreman of the jury.
From that time on slow progress was
made in filing the jury box, only
ten jurors having been selected up
to noon.
The jury as finally selected is as
follows: Foreman, Charles w. Harper,
GIG South Orange avenue; No. ),
John L. Wilcox. 7eS South Eighteenth
street; No. 3, Joseph f. Moriarity, So
Bruce street; No. 4, Frederick 0rt-
land, 10A Blocker street; No, 5, Jo-
seph L. Ambrose, 50 Mechanic street,
Orange; No. 6, William Waldron, Y.
nj. C. A., Washington street; No. Z,
Walter Palmer $50 Summer avenue;
No. 8, James Walsh, 81 Columbia
street; No. 8, Joseph Winant. Il Bou
dinot street; No 10, Harry Hill, FL
wood avenue: No. II. William Brodes-
sor, 507 South Fourteenth street; No.
L.. John Garrison. Van Rensselaer,
street. Belleville.
A total of thirty-seven talesmen
were examined before the box was
filled. OF this number thirteen We're
challenged by the defense. nine by
the State, while three were excused
for cause. being over the age limit
of Is years prescribed by the jury
law.
Martin Shorter, of 90 Main street,
! East Orange, the thirteenth man eX-
amined, had strong preiud.ces against
insanity being used as defense foc
murder. stating that he considered II
only an excuse for guilty man. He
was excused by the defense. Charles
j. OBrien, of South Orange, was the
only man examined who said he had
| a prejudice against capital punish
! ment, and, although he said he would
be governed by the evidence and vote
for capital punishment if he thought
the evidence warranted it, he was
excused by the State, his admissions
that he would not violate his OATH
being drawn from him very re-
iuctantly.
! Overton, tall, slender. dark
colored negro, seemed TO take but
| little interest in the drawing of the
jurors, sitting far apart from his
/ counsel. He occupied himself With
keeping his eyes rowing around the
| room. He has peculiar habit of
making his head roll from side to side
as he moves his eyes.
| Overtons crime was a particularly
astonishing one. There was no APP
parent reason for him taking the life
of his wife and child. He fed after
the crime. but a few days later gave
himself up to the police of a small
town near Hackensack and willingly
came back to Newark. After his ar
rest he was examined by orders of
Prosecutor Mott to determine wheth-
| or he was sane or not, but the re-
port of the physicians was TO the eff
feet that he was sane.
Similar examinations made at later
dates by Drs. Walter S. Washington
and William II. Hicks confirmed the
earlier impressions as to the mental
condition of the man, both doctors de-
claring that in their opinion the man
was sane and always had been.
Overton claims that MESA ge from
God ordered him to kill his wife and
child and at different times he has
also stated that at the time of the
commission of the crime his brain
| turned upside down and he did not
know what he was doing. McDermt
will base his entire defense on the
claim that Overton may be sane now
| but that he was insane at the time
the crime was committed.
| In opening the case for the State
Assistant Prosecutor Van Blarcom
! said the State would prove by COM
| petent alienists that Overton was
sane, both now and at the time OF
the commission of the crime He said
/ further that the State would show a
motive for the crime by proving the
| fact that Overton had been arrested
on a complaint made by his wife be-
fore his marriage to her and that
| the marriage was the outcome of
| this complaint.
| The first witness called was Ed
ward G. Kempf, a surveyor, who
/ identified q plot of the five-room
house occupied by Overton at GA
| Waverly avenue at the time of the
murder.