The Birmingham age-herald., 1916-10-22
Attorney Grace Says Gov ernOr Will Be Asked to
 Take Precautions
HABEAS CORPUS IS
 TO BE UP TOMORROW
B. M. Allen Says He Knows Nothing of Request for Military Protec- tion-Prisoners Perfectly
 Safe in Huntsville

Military protection will be requested
 for Percy Brooks when he is ararigned
 in Huntsville, according to the statement
 of his lawyer, M. B. Grace, yesterday.
 Percy Brooks is jointly indicted with
 C. M Nails and David D. Overton for
 the assassination of Probate Judge w. T.
 Lawler at Huntsville last June and it
 is expected that Brooks, Nails and Over
 ton will be arraigned for trial during the
 week of November 13. Brooks and Nails
 are prisoners in the Jefferson county
 jail, while Overton is lodged at the Mont
 gomery county jail.
 It was while discussing the habeas cor
 pus proceedings to secure the release of
 Brooks and Nails on bond with Circuit Solicitor Joseph R. Tate yesterday morn- ing that Attorney Grace made the state-
 ment that he would seek military protec- ton before venturing into Huntsville. WANTS NO FUNNY BUSINESS T was talking with my client" said Attorney Grace, 'and it is our opinion that Governor Henderson should detail
 couple of military companies to guard the jail and courthouse when we go up there. We do not want any funny busi- ness, and we think it best to be on the safe side"
 "I think that your fears are ground less," said Circuit Solicitor Tate. The people of Huntsville are high class citi- zens and not given to outlawry In fact, you and your client are as safe in HuntsS vile as you would be in Birmingham However, you cannot get any military companies to come to Huntsville, as all | the militia has left the state.'' Well, we will make application for special protection just the same' said A | taking cahnces on such a grave matter, and one so fraught with possibilities for l chaotic outbreaks on the part of mobs.' Why don't you ask for change of veue?" said a reporter.
 We have already filed a motion for change of venue," replied Attorney Grace.
 | Attorney Grace, after making this sig nifieant statement also stated that the habeas corpus proceedings before Judge John c. Pugh, in the first of division of 1 the city court Monday morning will be fought to finish
 we haven't announced ready yet,'' said Solicitor Tate.
 we do not expect you to ever an
 nounce ready" was the retort of Attor ney Grace, "but we expect to make you go to trial. You can't keep Brooks in jail the rest of his life, you know Attorney Grace also told of a recent
 visit to David D. Overton, at the Mont gomery county jail. "I just went to see if Overton was friendly to us,'' said Mir. Grace. , ALLEN COMMENTS | When B. M. Allen was informed of the l statements of Attorney Grace regarding an application to Governor Henderson for military protection at Huntsville he said: T have heard nothing of such a move. That Is indeed interesting news. Now haven't actually been retained by David Overton to represent him, but until defin- ite steps are taken, of course I am look | ing after his interests. I can authorize this statement that we do not believe that military assistance will be neces- sary. I know the Huntsville people and they are as good law abiding citizens as one can find anywhere.
 1T intend to be present at the habeas corpus proceedings on Monday, but will not participate in the argument. I have nothing to say on whether we will ask
 for a change of venue, but it is my opin- I ion that we can secure just as fair a trial in Huntsville as we can anywhere else in the United States"