The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-10-01
Chief Justice Anderson Will
Name Special Judge to
Conduct Trial in
Huntsville
STATE is READY
AND WANTS CASE
SET FOR OCT. 16
Oner a Hundred Witnesses
Will Be Summoned and
Change of Venue
May Be Asked

Chief Justice John C. Anderson of the
supreme court will decide tomorrow morn
ing whether he will call a special term
of the Madison county circuit court, on
October 49, for the trial of David D.
Overton, on the charge of having killed
| Probate Judge w. T. Lawler of Hunts
| vile, last June.
Justice Anderson will have conference
with Perry w. Turner assistant to the
attorney general, this afternoon on the
probable date of the Overton trial Mr..
Turner left Birmingham last night after
an all afternoon conference with Special
Prosecutor J. Fritz Thompson, Circuit
Solicitor Joseph r. Tate, Robert 7. Law
Ter, brother of the murdered judge, and
several county detectives, bearing the
message that the state was ready for the
trial of David D. Overton, and also car
rying request from both Mr.. Thompson
and Mr.. Tate, that special term of the
Madison county circuit court be called
by Chief Justice Anderson.
Assistant Attorney General Turner was
to have conferred with Chief Justice An
derson late last night, but he missed train
connections, and at late hour by long
distance telephone, Justice Anderson in
formed The Age-Herald that he had not
conferred with Mr.. Turner, nor had he
received any intimations of the result
of the conference in Birmingham.
WITHHOLDS- DECISION
Justice Anderson indicated that as the
criminal term of the Madison county
circuit court opened on November 20. He
did not see any particular reasons for
calling special term, but that he would
withhold any decision in the matter I'M
til he had conferred with Attorney Cen
eral Logan Martin, or one of his assist
ants, regarding the Overton trial.
Justice Anderson announced, however
that he would send a special judge to
Madison county to preside over the trial
of David Overton, as Judge Robert c.
Brckwell had already requested to be
relieved. Judge Brickwell, it is under
stood, would prefer to have an outside
judge preside at the trial of Overton,
which is expected to be the most dra-
matically staged criminal procedure ever
held in the courts of Alabama.
II have not seen Assistant Attorney
General Perry Turner" said Justice An
derson, over the long distance telephone
late last night, land do not expect to
see him until tomorrow at the earliest.
do not know whether the state Is ready.
for the trial of Overton, and as the Madi-
son county circuit court convenes in
November. only about month off, am
inclined to the opinion that it would avail
little to call special term. However,
will make no decision until | have
talk with Attorney General Martin, who
III understand will return from French Lick
Springs on Monday, or with his assistant,
Perry Turner. l have decided to send
special Judge to preside at the Overton
trial in Huntsville, but am not ready
as yet to announce his name.
When Justice Anderson was informed
that Special Prosecutor Fritz Thompson
had stated that the state was ready to
proceed with the trial of Overton on Oc-
tober is. he answered that he would talk,
matters over with the attorney general
before reaching any decision on whether
he would call special session of the
Madison county circuit court
81 will make no decision In the mat
ter" said Justice Anderson, until Mon
day at the earliest"
STATE is READY
J. Fritz Thompson, at the conclusion of
the all afternoon conference on the plans
for the prosecution of David D. Over
ton. the ex-circuit clerk of Madison coun-
ty, for the killing of Judge W. 7. Lawler,
announced with positive assurance last
night that the officials of the state Sc
lected to conduct the trial or Overton
were ready to proceed, and that special
term of the Madison county circuit court
and a special judge would be requested
of Chief Justice Anderson. He also an
nounced that Assistant Attorney General
Perry W. Turner, who attended the con-
ference, had been dispatched to Mont
gomery to inform Justice Anderson of the
situation.
1T have not heard whether Chief JUS
tice Anderson will call a special session
of the Madison county circuit court. =
said Prosecutor Thompson last night
but I believe that he will as soon as
Mr. Turner confers with him and in
forms him of our plans and conclusions
regarding the prosecution of David d.
Overton
eve believe that october 1s should be
<Cortsru~d an Pare Eleven)