The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-11-23

AT the time Judge Allen stated 10 the
court that he wanted to show Judge Law
| Ter was big, robust man, while Oyerton
| was in poor physical condition. This
| was taken as indicative of the plea of
| self-defense, as already has been an
| nounced to newspaper men by Judge AL
! len, the leading counsel for Overton.
| The states counsel indicated tonight that
| Judge Allen, in his DISCRIMINATION of
| the witnesses, had been of the utmost
| service to the prosecution in bringing out
| facts which they could not otherwise
| have secured. Judge Aliens brusque
manner of examination of the witnesses
seemed also a source Of much gratffi-
cation to the states counsel.
BLOOD ON BRIDGE PAINTED OUT
| Judge Allen, in his cross-examination
| of Shelby Fletcher, a cotton broker.
| brought out that a list of witnesses for
! the grand jury was given to Judge Law
| ler and he also drew out of Grady Clin
| ton. a young country boy. that on Thurs
| day morning, June 10, he passed on the
| Whitesburg bridge, and saw distinct
marks of blood, and that a few hours
| later when he returned, the blood had
| been painted over, and also covered with
| dirt
| Judge Aliens cross examination of Sen
| ator Spragins was also regarded very
| favorably by the states counsel.
| Court convened at 905 o'clock this
morning and as the prisoner was brought
| in he was greeted by Judge Allen: Good
morning Dave, how are your"
| Overton answered smilingly in a low
| Tone The courtroom was damned full.
| All who entered were searched for fire
| arms. About half of the large audience
| were women. While the large crowd
! was orderly, the sarcasm of Judge AL
| len at times produced ripple of laugh
| ter until finally Judge Miller said: This
| is not a laughing case. If your hus-
| band or brother were on trial for his
| life you would not feel like laughing. If
| your husband, brother or father had been
| murdered you would not feel like laugh
1 ing There is nothing more serious than
| where a man is on trial for his life. Ii
| you have no respect for this court, the
state, the family of the deceased, or of
| this defendant, you will leave this room.
| 1 will have no more laughing" And
| there was no more the remainder of the
! day.
| For the first hour after the morning
session of court opened today Judge Mil
| Ter was kept busy overruling Judge AL
| len on his various points of law. The
| pleas of abatement were finally given to
the jury on a general charge, following
| which Overton was arraigned To the
arraignment Overton pleaded mot
| guilty. The trial then began.
| MIND. LA w LEN YIN . lAND
| Mrs. William T. Lawler, the widow, at
| tired in sombre garments, was placed on
the stand as the first witness for the
| state at 1875 o'clock. Attorney General
| William l.. Martin started the eXamina-
| ton with Solicitors j. Fritz Thompson,
Joseph r. Tate and Attorney Douglass
| Taylor as assistant counsellors.
Mrs. Lawler testified distinctly and
| slowly. She told of being at the chau-
| ia 11ul1a neatinQ waiting for bar huc.
band. She was not cross-examined. l. d.
| Buford, a county commissioner followed.
| He testified to having seen Judge Law
| Ter telephoning in his office at the court
house on Wednesday night, June IA, at
| about 1880 o'clock and that it was quite
| dark. Cross-examination failed to break
| down his testimony.
TELLS OF FINDING BODY
| w. M. Jordan. planter, next told of
| the finding of the body. AS he recited
| the gruesome details, Mrs. Lawler, sit
ting by her brother-in-law. wept silently.
| Mr.. Jordan testified to finding the body
with graphing hooks, and that when
| found it was weighted down with a piece
| of railroad track iron, weighing about
| $50 pounds, and that 1t was tied about the
body with bailing WIRE He described the
| condition of the body. the two cuts on
| the head, the intentions on the forehead
l
| heart.
| On cross-examination he testified that
| George H. Bodeker, private detective,
was directing the search for the body
| r. e. Pitts, planter, testified to the
| same facts stated by Mr.. Jordan. While
more severely cross-examined his testi-
| mony was not materially changed, al
| though he stated that the head wounds
were possibly inflicted with the railroad
| iron.
| DR.. H. D. Westmoreland testified to
postmortem examination of the body. and
| there were two long cuts on top of the
head and two punctures on the fore
| head
Both wounds were evidently made from
| the front, stated the witness. The bullet
wound entered the tenth rib and was cut
out of the RICH side. The witness also
fight on the part of the defendant, and
stated that Judge LAWYERS neck was
broken. and that it possibly had been
broken from being thrown from a height
into the water. He also testified that the
neck was more likely to break by such a
fall if life still remained. On cross-ex-
animation, Dr. Westmoreland testified
that Judge Lawler had been shot with a
| 80 calibre bullet, and that he was a man
about feet inches tall and weighed
| about 10 pounds. He testified that the
shot could have caused instant death.
MRS. LAWLER WEEPS
At the beginning of the afternoon SEES
sion, Coroner J. r. Poole was the first.
witness. He testified regarding the body
and the clothes and the railroad iron and
| bailing wire all of which were admit
ted as evidence. AS the clothing was
exhibited Mrs. Lawler again wept. On
oss-examination the bullet was brought
out and placed in evidence.
i DR.. F. f. Baldridge was the next wit
ness He testified regarding the wounds,
practically as did DR.. Westmoreland, and
on cross examination there was a great
duel of minds between the witness and
Judge Allen.
E. d. Green, merchant of Huntsville.
was the next witness. The witness oper.
ates a store Immediately in front Of the
courthouse. He stated that when the
courthouse was built. piece of railroad
iron was left which he attempted to con-
vert into a weight on which to tie his
horse. 1t was too heavy. however. and
he left the piece of Trail about a foot
land a half long, weighing about 100
pounds, in the courthouse yard. He tes-
titled that he had frequently seen the
piece of iron in the courthouse yard, and
he then positively identified the piece of
l. kN.& - -