The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-10-03
mo SPECIAL TERM
WILL Be CALLED
TO TRY OvERTON
Supreme Court Judge Holds
That Regular Session Is
Too Near-Judge Mil
Ter Selected to Preside

Montgomery, October 2.-(Special.I
David D. overton. accused of the muir.
Ger of Probate Judge Lawler of Madison
county, will be tried at the regular tern
of the Madison circuit court, beginning
November 20, before Circuit Judge B. M
Miller of Camden.
Chief Justice John c. Anderson of the
Alabama supreme court announced this
afternoon, following conference with
Assistant Attorney General Perry Turner
that he will not call n special term of the
Madison court to try Overton, inasmuch
as the regular term is so near, and that
practically as speedy a trial can be oh
tanned at the regular term.
Concurrently he issued an order for
Circuit Judges Robert C. Brickell of the
Eighth and B. M. Miller of the Fourth.
to exchange circuits for the fall term in
order that Judge Brickell. at his own
request, may be relieved of trying Over
ton for good and sufficient reasons.
Should, from any cause, the Overton
case fail to reach a trial at the regular
term, it is quite likely that Justice An
derson would seriously consider calling
an adjourned term of the court, but JUS
tice Anderson indicated that this is a
matter the future can take care of.
c. T. Grimmett of Huntsville attorney
for Overton, spent three hours in con-
ference with the accused man today. pre-
~. 1afa
Mr.. Grimmett left tonight for Huntsville
without making any statement as to the
plans in aid of Overten.
Mr.. Grimmett encountered considerable
difficulty in gaining access to the pris
oner, while A. E. Overton, brother of the
accused man, could not get to see him
A misunderstanding is supposed to have
caused the dilemma, but nevertheless A
e. Overton tonight contended that it was
only another instance of the continue
persecution, of his brother.
When Grimmett and Overton called al
the Jail, they were advised that under in
structions from the attorney generals de-
partment no one would be allowed to see
the prisoner. Later, accompanied by the
sheriff, Mr.. Griminett went to the at
= rF
torney generals Office where he was ac-
corded every courtesy and told he might
have access to his client. A member OF
the department indicated that the in
structions to the sheriff were to prohibit
promscuous visiting, but that had it beer
known to the department that mem
Der of Overton's family desired to see
/ him, the request would have beer
granted. A. E. Overton remained here
tonight and will likely visit his brother
tomorrow morning.
Mr.. Grimmett was given unrestricted
privacy in comforting with his client. The
prisoner was taken from the steel cage
to cell in another section of the Jail
in which he and the lawyer were securely
locked during the three hours. Aftel
the conference, Overton was searched be-
fore being returned to the cage.
THAT have been denied permission tc
see my brother after coming 200 miles
and when within 100 feet of him. is totally
unjust and unfair, and is only another
sample of the unabated persecution OF
i my brother" said A. f. Overton, but ]
must bear it and be hopeful of seeing him
| tomorrow.