The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-10-06
If Hearing Is Allowed Evil
dence in Lawler Murder
Mystery Expected to
Be UnfOlded Here
WIDOW OF MURDERED
MADISON COUNTY MAN
IN COURT YESTERDAY
State Urges Postponement of Hear
ing, But Defense Pleads for I'M
mediate Action-Judge Pugh's
Decision at $3.50 This
Morning

Judge John C. Pugh of the first division
of the city court will decide this morn
ing at $3.50 O'Clock on the motion of Cir
cult Solicitor Joseph R. Tate to quasn
the petition for writ of habeas corpus
to secure the freedom of Percy Brooks.
a ferryman of Huntsville, who has been
held prisoner at the jefferson county
Jail since last June on an Indictment
charging murder in connection with the
assassination of Probate Judge w. T.
Lawler.
Judge Pugh will also rule this morning
on the question of his jurisdiction to hear
the merits of the habeas corpus proceed
ings instituted by Mr.. Brooks, through
his attorney, M. B. Grace.
The decision of Judge Pugh to take
the above two technical points of law
under advisement and rule on them this
morning was the only result of several
hours of debate yesterday morning and
afternoon by the attorneys for Percy
Brooks and c. M. Nails and the repre-
sentatives of the state. Every technical
point of law was utilized by both sides
to gain an advantage.
The hearing marked the prelimnaries
of a criminal procedure of statewide in
terest. The courtroom was crowded with
the friends and relatives of the accused
and prosecuting individuals.
MRS. LAWLER ATTENDS
Perhaps the most modest and unassum-
ing person present was the one who took
the most interest in the proceedings,
Mrs. w. T. LAWYER the widow of the
murdered judge. Mrs. Law1er, woman
of medium build sat throughout the pro-
ceedings heavily yelled between Mrs.
Robert T. Lawler and Mrs. Clarendon
Davis. In the morning session the three
women, all of whom were attired in deep
mourning, sat within the inclosure re-
served for the jury and the opposing at
torneys and court officials, but in the aft
ernoon session they sat in the middle OF
the courtroom in the midst of friends
from Huntsville.
The widow of Judge Lawler took deep
interest in everything that was said. she
would move nervously in her CHAIR When
the attorneys conferred with Judge Pugh
and the tones of their voice could not
reach where she was sitting Friends
would then convey to her the purport OF
the remarks of the attorneys.
The spectators did not particularly no
flee Mrs. Lawler, as 1t was not gener-
a11v known about the courtroom that the
widow of the murdered judge was pres
emit Only the attorneys from HuntsViiie
and other friends were familiar with the
fact that Mrs. Lawler was an interested
snec+ator at a hearing when two men
accused of having participated IN the
rurder of her husband were trying py
the use of the writ of habeas corpus 10
seeura their release on bail.
She will be present in the court
room again this morning, 1T is UNDER
stood b ,ornus
The principals in the habeas corpus
proceedings excited more .han ~ -.
nary interest. G. M. Nails, FORMER CIT
cuit clerk of Madison county, walked
| a hout at will within the enclosure re-
served for the attorneys and conferred
| frequently with Judge Zell CASTOR, MS
attorney. Mr.. Nails is a tall, young
man. with a frank, open countenance'
| Percy Brooks, the other principal IN
| the habeas corpus proceeolnss, IS aii
| elderly man. He came In court yes
\ terday accompanied by his Family
| which was composed of his wife, a
| son and his adopted daughter. All Tour
| sat at table directly facing the judge
| Mr.. Brooks and his wife frequently
| conferred. but his daughter ana son
looked on the proceedings with a calm
| dispassionate air and did not display
particular interest.
| Others in the courtroom who took
more than a passing interest In the
| proceedings were J. b. Lawler, broth
| err of the murdered Judge; M. S. Bing-
ham, county engineer of Madison coun-
| ty, and Walter Byrne. a well known
| resident of Huntsville. These three
were in almost constant conference and
werc frequently Joined by Douglass
Taylcr, a young Huntsville attorney
who represented the Lawler interests
! in the proceedings yesterday. T. N
McAllister. the foreman of the Madi-
son county grand jury that indicted
| both Nails and Brooks, also was pres
lent Mr. McAllister is in the transfer
business at Huntsville and is well
known
| Charles Grimmett. the attorney for
David D. Overton, the ex-circuit clerk
1 of Madison county who is charged with
being the principal in the killing OF
Judge Lawler. and who was recently
CONTINUED ON Pare NineD