The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-12-02
GREAT LEGAL BATTLE
IN MADISON COUNTY
TO SAVE OVERTON;
NEW TRIAL is DENIED
Continued from Page one)

solicitors IN their argument I1dL BFoOkS
and Nails were taken to Birmingham 10
prevent the defendant from taking them
on a midnight ride to Whitesburg slough;
that the court terrorized the jury by or
dering the sheriff to have each spectator
searched before they entered tn jury
room; that several of the jurors had
fixed opinions of the guilt of Overton and
expressed themselves in favor of hanging
him before becoming members of the
jury; that members of the jury expressed
fear of returning verdict before asking
the court to make special provision for
their safety
WITNESSES OFFERED
The defense offered a number of wit
nesses who testified that certain of the
jurors had expressed their opinions of
the Lawler murder and Overtons guilt.
One of the bailiffs testifying that some
Of the jurors asked him to go to Judge
Miller and ask him to provide for their
protection. The state, in reb uttal, Of
fered testimony by IL of the jurors in
person, who swore that they We're not
influenced by anything but the evidence.
All Il of them signed an affidavit which
was offered in evidence, that they had
DdS6u THEIR NGIuiCl dlOlO vi tilC SNlUSilAc
heard in the courtroom.
Among the witnesses who said they had
heard threats of mob violence were w.
F. Garth, chairman of the jury commits
sion; Ed Johnston, representative in the
legislature: Ed l.. Love and others.
BAILIFF TESTIFIES
Jury Bailin Cory Turner testified that
people crowded about the jury box in the
courtroom and made comments on the
evidence within the hearing of the jury
and that relatives of the Lawler family
also made comments. The quarters of
the iurymen in the hotel were on the
fourth floor, he said, where there were
numerous witnesses and detectives of the
state, who made use of the same corri-
doris. Once late at night he was awak-
ened by two Jurors returning to the
ROOM He did not know where they had
been or how long they had been out but
after that the room was locked on the
outside.
JURORS QUOTED
Mrs. Stewart quoted Juror Grady Reee
as saying that if Overton was caught no
ought to be hung. Ira Jones' insur-
ance agent quoted Juror Lem Hosch as
saying he feared that Overton would not
be convicted because of lack of evidence,
but he ought to be hung, w. E. Garth
said it was his opinion that had there
been acquittal or a hung jury, the
danger of mob violence was very immi-
nent. Ed Johnston and Ed L. Love said
substantially the same thing e. e.
Johnston and Hugh Craft testified by af-
fdavit that they heard rumors that if
Overton was acquitted he would be as
sassinated before he got out of the court
house. r. o. Adams testified by affidavit
that Juror Wilhelm told him Overton,
Nails and Brooks ought all to be hung.
JURORS SIGN AFFIRAVIT
Grady Reese, foreman of the jury, de-
MED that he knew Mrs. Stewart. During
Reeses testimony the state introduced
the affidavit signed by all the members
of the jury saying that the jury had
no communication with any one. had read
no papers, heard nothing except wit
nesses, argument of attorneys and charge
of the judge bearing on the case and
formed their verdict on the evidence
alone.
Other jurors testified that they had not
heard side remarks in the courtroom
and did not talk about the case with
each other and had expressed no fear of
mob violence. Each denied in turn that
he had fixed opinion of the case before
hearing the evidence. At tbs Judge Miller
said he would allow half an hour to a
side for argument, at the end of which
time he rendered his decision adverse
to the motion, the court coming to a
close at 9;15 without having recessed for
supper