The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-10-24
EFFORTS RENEWED

the state is after, and Immediately fol-
lowing his capture the attorneys for Nails
and Brooks again renewed their efforts
for a hearing on their writ of habeas
corpus. The state then announced that
the hearing would be postponed indef-
initely, If possible. Efforts were also
made to have the habeas corpus proceed
ings dropped. However, no trade could
be arrived at by the attorneys for Nails
and Brooks and the solicitors for the
state and the legal sparring for an adj
vantage continued.
On October the habeas corpus pro-
ceedings of Nails and Brooks were called
before Judge Pugh. The state had many
witnesses on hand, in case the judge or
dered the case gone into. However, al
though Judge Pugh ruled that he had
jurisdiction to hear the petition for the
writ, he also ruled that the attorneys for
the defense had not properly notified the
representatives of the state of the pro-
posed hearing. Judge Pugh then con-
tinued the hearing until yesterday morn
ing.
In the three weeks intervening between
October and yesterday much has nap
pened relative to the habeas corpus pro-
ceedings for the release of Nails ana
Brooks. The attorneys for the defend
ton who is a prisoner at the Mont
gomery county JAIL and it is stated by rep
resentatives of the state that trade
was arranged whereby should the hear
ing on the habeas corpus proceedings go
through that no evidence bringing in the
name of Overton would be introduced
Whether or not there was such an agree
ment, it is noteworthy that Attorneys
Castor and Grace scrupulously avoided
y al OnaStiOnS of the
witnesses. The name OF Overton was
never mentioned
Three weeks ago the state came to
bat in the habeas corpus proceedings
with a plentiful array of witnesses
ready to delve to the limit. if need be-
on the habeas corpus petition, once the
Judge entered into the case. However,
the state has also been doing some con-
ferring, and that there mas peen
change of plans was noticed by the iact
that no witnesses for the state showed
up. and neither did any special coun-
sci. Solicitor Joe Tate, who represented
the state, did not ask over three ques-
tions during the entire proceedings, al
though he objected to every question
asked and to the placing on the stand
of any of the witnesses.
Watching closely this featured legal
duel were Judge B. M. Allen, the &C
leading counsel of David
D. Overton, and Charles T. Grimmett
his personal representative. Both of
these attorneys appeared satisfied with
the maneuvers of both the defense and
the state in keeping Off dangerous
ground"
WHERE MALLS WAS
Judge Zell CASTOR opened the taking
of testimony by offering some show
a.
porter and a bank cashier of Hunts
Vile One was to prove that Nails at
tended the Chautauqua meeting on the
night of June IA, and the other was to
the good character Of Nails. Mrs. Nails
was then placed on the stand She is
a rather pretty young woman of slight
build and of refined appearance. On
the stand she spoke in low but firm
tones.
Mrs. Mails testified that she remem-
bered the night of June IA very we'll.
She left her home at 7:40 o'clock to
attend the Chautauqua. She left her
husband at home, and later she saw
him at the Chautauqua. They both re-
turned home together and Nails inn
mediately went to bed and soon was
sleeping heavily. She testified that her
could not have left the bed
they slept in without waking her.
well what time did your husband
finally leave the BEDROOM" questioned
Judge CASTOR.
"About 4 or 4:3O o'clock. 1t was just
daylight" replied Mrs. Nails.
Take the Witness" said Judge Gas
ton.
Everyone in the courtroom turned
their eyes on Solicitor Tate, expecting
that he would question Mrs. Nails on
what had happened at daylight to cause
Nails to leave the room, but the rep
resentative of the state disappointed
the onlookers by Struggling his should
ers and saying:
Come down."
The father of the defendant. I. r.
Nails, and Gus McGehee, a small boy,
were also witnesses in seeking to
prove an alibi. They were not cross
examined by the state. The last wit
ness was Charlie Nails. the defend
ant.
Did you have anything to do with
the death Of Judge Lawler?" questioned
Judge CASTOR. .
mo, sir" was the reply in low tone.
No questions were asked by the state,
and the defense rested.
The Brooks case was next.
BROOKS CASE NEXT
In the Brooks case Mrs. Percy Brooks
was the first witness and she testified
that her husband came home i'll on the
night of June IA and Immediately retired.
She stated that he could not have left
the room without her knowledge.
Miss Lizzie Cotton, an adopted daugh-
ter testified to the same effect. as did
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