The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-12-01
Hearing Is Postponed Until
Friday Morning on Re-
quest of Allen
EVIDENCE AGAINST
JURYMEN is SOUGHT
ALL OVER COUNTY
Defense Will Make Effort to Show
Fixed Opinions Were Held Before
Taking of Testimony-Ac-
cused Man in Court

Huntsville, November 30.-(Spe-
cial. Judge b. NJ. Miller of the
circuit court postponed until to-
morrow morning at O'Clock hear
ing of a motion by the defense for
new trial of the case of David
ID. Overton, convicted of the muir
der of Probate Judge w. IT. Law
Ter, when the motion was pre-
sented this morning.
Judge B. NJ. Allen, chief counsel for the
Defense said among the points on which
a motion for a new trial would be asked
is the fact that several members of the
jury had expressed their fixed opinion of
the guilt of the defendant before they
became members of the trial jury and
that they had not had time to collect all
the affidavits required. He said he was
in Birmingham when the verdict was
rendered and yesterday the defendant
was removed to another county. AS the
witnesses against the jurymen live in
many parts of the county, and as the
weather had been very bad, the defend
ants counsel had been unable to get
ready in this limited time.
OYERTON IN COURT
Overton was brought back to Hunts
vile from the Birmingham Jail early
this morning by Deputies Alex Dyas and
w. b. Manning and was in court at 9
o'clock when the court was convened,
and Judge Miller said he was ready to
hear the motion for new trial.
Attorney Allen briefly told what he ex-
pected to prove; that at least three and
perhaps five men who became members
of the trial jury had expressed fixed
opinion Of the case before hearing the
evidence. and that the witnesses against
Madison county. He asked for a post
ponement of at least "a hours. He said
he hated to be the cause of such delay
because he knows the judge and members
of the opposing counsel are anxious to
get back to their homes, but that this
case is rather unusual in many ways
and is rather hard to be squared up with
ordinary precedents. He claimed that the
defendant is certainly entitled to rea-
oOAioSiS eiiiiS " ~ SPeiiS iiio itiotiOii aii0
nothing more than has been done could
have been done in this short time.
MARTIN OBJECTS TO DELAY
Attorney General Martin objected to
further delay and said even if the de-
PENDANT could show that members of the
jury We're biased it would not make them
incompetent in view of the questions that
had been asked them by the court. The
attorney general said he would not op-
pose the delay if he thought it would be
of any benefit to the defendant, but he
does not see any further delay will help
matters.
Attorney Allen disagreed with the at
torney general as to the Importance of the
testimony against jurors which he ex-
poets to introduce. That being true it
does seem to me that it is such a gross
and inhumane method of convicting a
man this court would not hesitate
moment to set the verdict aside. 1t is
so opposed to all ideas of justice that
there is not man who would say that
the defendant has had fair trial"
Attorney General Martin asked for
list of the jurors against whom affidavits
(ConAknued on Page TenD