The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-11-22
JURY QUICKLY
SELECTED FOR
OVERTON TRIAL
All Preliminary Motions of Counsel for Defense
Are OverruIed- Judge Miller Warns Spectators
That They Will Be Searched for Firearms.
Mrs Lawler Will Be First Witness
BY RICHARD f. Luss1ER


Huntsville, November A.-(SpecialO
Unexpected progress was made today in
the trial of David D. Overton, former cir
cult clerk of Madison county, for the
alleged murder of Probate Judge William
T. Lawler last June, when late this after
noon the jury was closeted.
The jury which will decide the fate of
Overton is made up of 10 farmers, one
clerk and merchant. Only two of the
jurymen are from Huntsville. Their
names follow:
Walter A Uranium. farmer Newhope
George T. Bragg, merchant, Newhope.
Sid j. Hudson, farmer, Plevna.
Jacob Shield farmer, Huntsville.
Plen E. Hosch, clerk, Huntsville.
Ambrose B. Wilhelms, farmer, New
hope.
J. j. Bragg, farmer, Hurricane.
Dee Landman, farmer, Sulphur Springs
Grady Reese, farmer, Newmarket.
x G. w. Moore, farmer Deposit.
Clarence Hilliard, farmer, Madison.
James H. Todd, Jr., farmer, of Clutts-
willie.
Both the state and the defense an
nounced themselves as satisfied with the
jury
WILL PLEAD SELF-DEFENSE
Self-defense will be the pela of Over
ton, it was reiterated tonight by Judge
b. M Allen.
Tomorrow morning at o'clock Judge
B. M. Miller will start into actual trial.
The first matter to be decided will be for
the jury to pass on the pleas in abate-
ment. After a verdict has been brought
in this technical point, the states
counsel will state their case. The first
witnesses for the state will be Mrs. Will
liam T. Lawler, the widow of the dead
man.
Mrs. Lawler will testify as to the last
time she saw her huaband alive on the
night of June IA at a chautauqua meet
ing. Further than the expected testimony
of Mrs. Lawler. the states counsel would
vouchsafe no information tonight.
48 WITNESSES FOR STATE
The states counsel has summoned As
witnesses, while the defense has sum-
moned Is. Several more may possibly be
summoned as the exigencies of the case
demand, according to Judge B. NJ. Allen,
the leading counsel for Overton.
Following are the names of the wit
nesses summoned for the defense: r. L.
O'Neal, Sr., Dr. Edgar Rand, T. w.
Smith, R. e. Spraggins, Dr. j. D. Hum
phrey, w. f. Garth, c. S. Lowe, H. II,
Rhett, c. c. Anderson, Ed Johnson, DR..
E. Q. Williams, NJ. f. Erwin, X. W,
Ware, w. II. Bingham, l.. King, Donlz
Thompson, George II. Bodeker, Ben
B%,wn, j. w. Sharp, Curry Turner, Wal
ter Jordan, c. M. Nails, Percy Brooks.
Mrs. d. D. Overton, Miss Nora Overton,
Vernon Overton, II. c. Overton, and AL
bert Carrger.
The deposition OF Or G. Victor Will
iams, president of the Chattanooga
Academy of Medicine to the effect that
he had dressed the wounds of blond
man. on the night of June II at Chatta-
nooga was admitted without question by
the state.
JURY is CAUTIONED
Immediately after the jury was
finally selected this afternoon Judge
Miller instructed the clerk to admin
lister the oath and he cautioned them
not to discuss the case among them
selves until it was turned over to
them for final disposition. The jury
viii be kept together and they will
rot be allowed newspapers. They viii
4 lie housed at the Twickenham hotel
during the trial.
CASE is CALLED
This morning shortly after 10 O'Clock
before an immense crowd that surged
to and fro within the courtroom judge
Miller called abruptly:
THE state of Alabama VS.. David
Overton. What says the state?''
Ready, your honor. promptly an
swered Attorney General William T.
Martin.
1t was over two hours later before
Judge Allen of the defense announced
ready" and only after Judge Mil
Ter had overruled every point that he
raised regarding the constitutionality
of the proceedings, Regarding this