The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-10-02
Detective Throws Light on
the Cause of Suicide of
Shelby S. Peasants
of Huntsville
HABEAS CORPUS ON
THURSDAY WILL BE
FIRST LEGAL FIGHT
Understood One of Birming-
hams Most Prominent
Attorneys Will Help in
OvertOn Defense
b, RICHARD f. LussIER

BY RICHARD r. LUSSIER
Undoubtedly a special term of the Mad
ison county circuit court will be called
by Chief Justice John c. Anderson, ac-
cording to Circuit Solicitor Joseph r.
Tate. who again conferred for several
hours at the courthouse yesterday on the
plans of the prosecution of David d.
Overton. for the murder of Probate Judge
w. T. Lawler. at Huntsville, last June.
AS announced exclusively in The Age
Herald yesterday, Chief Justice Ander-
son will decide today whether he will
call a special term of the Madison county
circuit court for the trial of Overto.l
Justice Anderson has already announced
through The Age-Herald that he will Sc
lect a special judge to preside at the
Overton trial.
According to Circuit Solicitor Tate who,
with Special Prosecutor j. Fritz Thomp-
son of Centreville, will have full charge
of the prosecution of Overton, it is de-
sill able to call a special term of the
Madison county circuit court for october
16 in order to prevent delay
TO HAVE CONFERENCE
GAS soon as Assistant Attorney General
Perry w. Turner confers with Chief JUS
tice Anderson" said Solicitor Tate, The
will be fully informed of the plans OF
the state on the approaching trial "1
Overton and l feel quite positive that he
will call a special term of the Madison
county circuit court for October 16. There
are many excellent reasons why we de-
sire to proceed quickly with this case,
and Mr.. Turner will explain them in futl
to the chief justice on Monday morn
ing.
Il spent the day at the courthouse in
conference and reviewing the grand jury
notes taken at Huntsville last June. 1t
will take a lot of work to map out the
prosecution. but to punish the guilty IN
one of the most heinous crimes ever COM
mitted in Alabama is an inspiration to
hard work.
]. Fritz Thompson, special state prose
cutor, left Birmingham yesterday morn
ing for Montgomery, en- route TO scale
t., conduct more trials of the prohibition
law violators of Girard. 1t is understood
that Mr.. Thompson will not return to Btr-
mingham until the Overton trial opens
He will not appear before Judge Johr
c. Pugh in the first division of the city
court next Thursday morning in the ha-
beas corpus proceedings instituted by G
M Nails, ex-crcuit court clerk of Mad.
ison county, and Percy Brooks, ferry
man, both held in the Jefferson county
Jail on charges of murder in connection
with the killing of Judge Lawler. fol
their release on bond Circuit Solicitor
Joe Tate will appear for the state al
the habeas corpus proceedings.
INTEREST AT HIGH PITCH
On the prospects for an early trial
for Overton, interest in the case is at a
high pitch throughout the state. While
Overton is in the Montgomery county jail
and has not as yet officially named the
attorneys that will represent him, it is
known that one of the best known GRIM
inal lawyers of Birmingham has been
selected and is already at work prepar-
ing his plans,
In a talk with one of the county de-
tectives engaged in the investigation OF
the murder of Judge Lawler, the curious
circumstances that brought about the sui
eide of Col. Shelby Peasants of Hunts
VILE were reeounted. The sleuth pre-
scented an interesting theory on the state
of mind that led Mr.. Peasants to take
his life.
SHELBY Peasants was one of the
most high minded citizens in Madison
county, said the detective, "and he
was deeply moved by the killing OF
Judge Lawler. He was of such a tenn
peramental nature that anything of a
disgraceful nature upset him. And then
some of his friends told him that
Charley Nails, the fugitive circuit clerk
of Madison county. wanted to employ
him for his defense and that made Mr.
Peasants more nervous than ever. On
the night before he shot himself Mr.
Peasants was told that Nails was on
his lawn near some bushes and want
I'd to see him and talk over his case
Mr.. Peasants at once went into a rage
at this incident and requested that
if Nails was out there that he be taken
away, that he wanted nothing to dc
with the case and that he was shocked
at the presumption taken
''The alleged visit of Nails. in my
opinion, worked on the nervous tenn.
permanent of Mr.. Peasants SO thai
when he went to his office the next
morning and started to write brief
for the Virginia Bridge company. ir
which the word bridge was repeated
many times, his brain snapped under
the strain and he shot himself. He
shot himself in the left temple with
his right hand by reaching over and
pulling the trigger with his thumb
Oh, tScre was no doubt about Mr.
Peasants killing himself"
EXPLAINS SUICIDE
"What about the suicide of Sheriff
Robert Phillips?" the detective was
ask ed.
"Well, in my opinion, Sheriff Phil.
lips was little too premature" he
replied. HE did not wait long enough