The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-10-23
FRICTION IN CAMP
(. OF ATTORNEYS OF
NALLSAND BROOKS
Judge CASTOR Does Not Be-
. lieve Military Protection
Necessary ct Huntsville
HABEAS CORPUS is
BEFORE JUDGE PUGH
Neither Side Anxious to Probe Too
Deeply Into the Case-Defendants
Merely Want a Reason
able Bond Set
BY RICHARD f. LUssIER

That there is friction in the camp OF
the attorneys for the defendants in the
habeas corpus proceedings which come
up this morning before Judge John G.
Pugh, was noted last night when Judge
zel Castor. the legal representative Of
Charles Nails, the former circuit clerk
of Madison county, who is indicted as
an accomplish in the assassination OF
Probate Judge w. T. LAWYER at Hunts
vile last June. said:
Il think that it is preposterous to
believe that military protection would
be necessary for the trial of c. NJ
Nails at Huntsville. I have been in
Huntsville doing some work of inves-
tgation in the past few weeks and
l have found the people there ex-
tremely fair, and there is not the
least semblance of mob spirit. l be-
heve that a serious mistake has been
made in claiming that military pro-
lection would be necessary for the
trials of any of the defendants in
the Lawler case"
M. b. Grace, the attorney for Percy
Brooks, a ferryman of Huntsville who
was jointly indicted with c. M. Nails,
and David d. Overton, also former
circuit clerk of Madison county, for the
killing of Judge LAWYER, issued a state
ment on Saturday morning that he would
request military protection for his client
at the trial in Huntsville. He stated
then that he would take no chance On
those wild fellers from the Tennessee
mountains"
WILL SEEK DISMISSAL
Regarding the habeas corpus proceed
ings this morning it was stated yesterday
that Circuit Solicitor Joseph r. Tate
and Special Prosecutor j. Fritz Thomp-
son, assisted by Douglass Taylor, the
counselor of the Lawler family, will at
tempt to have the petition of Attorneys
CASTOR and Grace, who are acting for
1t is asserted that the attorneys for the
state have a trick UP their sleeve
On the other hand, the attorneys for
the defendants positively assert that
Judge John C. Pugh can hardly extri-
cate himself from hearing the proceed
ings, despite the fact that he has a
heavy civil docket coming up before
week. 1t is we'll known that if the ha-
beas corpus proceedings are once gone
into that the hearing may be prolonged
several days, and may assume the char
acter of a trial as to the guilt or inno-
cence of the defendants.
Neither the state nor the defense has
any desire to probe too deeply into the
habeas corpus proceedings Attorneys
CASTOR and Grace would be extremely
pleased If Judge Pugh will allow the
defendants bond at a reasonable amount
without any showing being made in the
case Solicitors Tate and Thompson.
however, do not believe that Nails and
Brooks should have bond, and therefore
they will fight with all the resources at
their command, but yet withal, will at
tempt to maiAtain the present status
QUO of not showing just what evidence
they really have against the defendants.
ALLEN WILL BE PRESENT
Judge B. M. Allen, the leading counsel
of David d. Overton. the principal de-
PENDANT in the now famous Lawler muir
der case, will be present at the habeas
corpus proceedings this morning as will
Charles T. Grimmett, the personal at
torney of Overton.
Both Attorneys CASTOR and Grace have
conferred with Overton at the Montgom-
cry county Jail within the past three
weeks, and as the result of these con-
ferences it is stated about the court
house that the habeas corpus petition
will be pushed vigorously in an at
tempt to secure bond for Nails and
Brooks, but that the soft pedal will
be exerted the moment the state is de-
feated, or any attempts are made to
place the defendants ON the stand. 1t is
even stated that before the state would
be allowed to cross-examine Nails and
Brooks the habeas corpus proceedings
would be withdrawn.
The Overton trial is docketed for No
vember 20, at Huntsville. and despite
the evident desire of the state to in
fluence the defense to seek a change OF
venue, it is stated that no such motion
will be made. The habeas corpus pro-
ceedings today are merely the prelim-
mary maneuvers of the prosecution and
the defense seeking points in their favor
for the great legal battle which will be
staged at Huntsville during the last
week of November.
At the habeas corpus proceedings this
morning the widow of the murdered pro-
bate judge. his brothers and other rela-
tives and friends will be present Mrs,
Percy Brooks. her adopted daughter
and son, and Overton's brothers are also
expected. together with several wit
nesses subpoenaed for the hearing.