The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-11-10
OVERT0N WILL Be
BROUGHT TO COURT
EARLY NEXT WEEK
B. M. Allen and Joseph r.
Tate Will Both Go to
Huntsville Sunday
TRIAL TO BE HELD
FOLLOWING WEEK
Little Time Is Expected to Be
Consumed When Trial Gets
Fairly Under Way

In all probability David D. Overflow a
former circuit court clerk of Madison
county, will be arraigned for the alleged
7. Lawler at Huntsville on Monday
morning. The actual trial of Overton will
not begin until the following week.
Special Judge B. NJ. Miller and all
Madison county court officials are ex-
pected to be on hand Monday morning
to conclude the preparations of the Over
ton trial, which is generally regarded
as the most important criminal hearing
that has been docketed in the courts OF
Alabama in several years. Overton is
expected to be transferred from the
Montgomery county Jail, where he is now
a prisoner, to the Madison county jail at
Huntsville next Sunday.
Judge B. NJ. Allen. the leading counsel
of Overton, stated last night that he OK
pected to be in Huntsville by Monusy
morning. He will probably motor to
Madison county on Sunday afternoon.
Regarding the plans of the defense,
Judge Allen was very reticent, but he nG-
mitted that as yet nothing had peen de-
cided on the question of asking for
change of venue.
I'VE have not discussed the matter of
requesting change of venue said Judge
Allen, land therefore the question is un-
decided. We have talked over a great
many things, but the subject of a change
of venue received little if any of our
attention.
Il expect that Overton will be arraigned
on Monday morning in Huntsville and
will probably go to Madison county on
Sunday afternoon"
TATE LEAVES SUNDAY
Circuit Solicitor Joseph R. Tate, WHO
will conduct the prosecution of Overtun,
stated last night that he was golns 10
Huntsville on Sunday afternoon
II am going a little early" said Solicitor
Tate sin order to make all the necessary
preparations for the arraignment of
Overton. At present l do not know just
when he will be arraigned as that is a
matter that will be decided by Judge Mill
ler However, in my opinion, he will
not be arraigned before Tuesday or
Wednesday. His trial will then be sat
for the following week. If the defense
is to make fight for a change of venue
they will make their motion for it at
the time of arraignment.
Il do not expect that the actual trial
will be very lengthy. The state will be
able to present its case in one or two
take much longer The trial should be
over in one week"
Associated with Solicitor Tate in the
prosecution of Overton, will be J. Fritz
Thompson, solicitor of the Fourth judicial
circuit, and Douglass Taylor, a well
known Huntsville attorney.
KILLING IN JUNE
Probate Judge Lawler was assasslnated
on the night of June IA at Huntsville
following a bitter political fight. An
investigation followed which resulted in
the arrest of c. NJ. Nails, the circuit
court clerk, and Percy Brooks, the circuit
man, and a countrywide search for Da-
vid D. Overton, the alleged principal in
the murder conspiracy.
To accentuate the excitement at Hunts
Vile, Shelby Peasants. one of the most
prominent attorneys of the state, and
Sheriff Robert Phillips, were found dead
from bullet wounds, self-inflicted, lew
days following the finding of the bo.iy
of Judge Lawler. With Overton at large
Nails and Brooks were transferred to Eir-