The Birmingham age-herald., 1916-10-03
Solicitor Tate Says This Re suit of Failure to Call Spe-
 cial Term of Court
STATE TRYING CASE IN
 PRESS, SAYS GASTON
Much Interest Attaches to Habeas Corpus Proceedings in Nails Case hursday-Relatives of Overton
 and Lawler to Attend

That the decision of Chief Justice John c. Anderson of the supreme court not to call a special term of the Madison county circuit court for October 16, and to allow the regular term to take care of the trial of David D. Overton, means. according to a statement made yesterday by Cir cult Solicitor Joseph R. Tate that Over ton, charged with the murder of Probate Judge w. T. Lawler, will not be tried this year.
 Without a special term of the Madison county circuit court the state is baked in it's efforts for an early trial of Over ton, the former circuit clerk of Madison county, who was captured last week in Tennessee on the charge of having killed Probate Judge W. T. Lawler last June at Huntsville.
 It is claimed by the attorneys repre- senting the state that on November 13, on the date of the opening of the regular term of the Madison county circuit court, that the attorneys representing Overton will file motion for a change of venue. If that motion is granted, it means a continuance until after the holidays, and may throw the Overton trial over until sometime next spring.
 MEANS A CONTINUANCE
 We wanted a special term of the Madison county circuit court" said Cir because we anticipate a motion for a change of venue in order to delay the actual trial of Overton.
 'If Justice Anderson had granted our request for a special term on October .6 the motion for change of venue could have been made and contested and even if granted we would still have been in a position to go to trial in some adjacent county in November at the regular term of court.
 AS no special term will be called we face the proposition that Overton will in all probability file motion for a change of venue when the regular term of court opens, as is his right under the law, and if his motion is granted, it means a con- tinuance of several weeks, to say the least.
 From the words of Solicitor Tate it was gathered that Overton had scored the first point in his defense.
 Judge B. M. Miller of Camden, of the Fourth circuit, who was named yester- day afternoon as the special judge for the Overton trial, is a brother of Judge John Hearst Miller of the city court, and is well known in Birmingham. Judge Birmingham last winter and spring at the time Chief Justice Anderson detailed several extra judges to Jefferson county to dispose of the heavily congested civil dockets
 TART COMMENT BY GASTON
 Judge Zell Gaston, attorney represent ing c. M. Nails, a former circuit court clerk of Madison county, who is being held at the Jefferson county jail await ing trial in Huntsville on charge of murder growing out of the killing of Judge Lawler, made the statement yes- terday afternoon to the effect that Solici- tors Joseph R. Tate and Fritz Thomp- son were trying their case in the news papers and he suggested, with a touch of scarcasm, that it was rather a novel procedure.
 only T0pTSSSHI V. M. 1NdiiS, Sdlu Judge Gaston, "and therefore. can only speak for my client and for him alone. will also announce that we will well come an early trial and we are convinced of an acquittal.
 "We have no desire to try our case in the newspapers, as it is quite evil dent that the attorneys of the prose- cution are trying to do. Either Solicit tors Fritz Thompson or Joe Tate or both have been trying the Overton case in the newspapers ever since Ov- erton was captured. They have gone so far even as to outline a defense for Overton and then have assured the public of their ability to break it. This course. as far as I have been able to observe. is something radically new in court procedure, something possibly inspired by modern methods of warfare in vogue in Europe which is to kill when you can and anyway you can. Now as Solicitors Thompson and Tate may desire to continue the newspaper trial of Overton, Nails and Brooks, have no desire to embarrass them by usurpng any of their cher ished newspaper space.
 'However, as Solicitor Tate has al- ready announced that he will hold Nails regardless of the outcome of the habeas corpus proceedings on Thurs day morning, the only comment that can make is to say that we shall wait to see which is the more powerful, the courts or the circuit solicitor.
 "As to the aStute unknown Sleuth