The Birmingham age-herald., 1916-11-28

well known oratorical and theatrical art istry to impress the jury that David Overton had shot Judge Lawler in self defense, and that the disposal of the body in the slough of the Tennessee river at Whitesburg was due to the ill-advised efforts of his friends. Judge Allen argued convincingly that as the grand jury was about to indict and impeach Judge Law Ter the latter had sought the aid of Overton to prevent the scandal and when refused such succor had turned and stabbed the man he was seeking to tempt into conspiracy to thwart the law.
 '"The shooting in self-defense followed ,' said Judge Allen, land as to the dis posal of the body, that is a mystery sealed forever by the dead lips of Sheriff Robert Phillips. Certainly such pro- cedure was ill advised. Overton, wound ed. came in and surrendered, but his friends, officials of the law, warned him away. Can he be blamed for the mis- takes of his friends?
 NO. Then, under the circumstances in this case, you must acquit him." THOMPSON CLOSES FOR STATE
 At 3:45 o'clock Special Prosecutor J. Fritz Thompson began the closing argu- ment for the state. It was the most viz orous, most sensational of the day, and it contained as severe an arraignment of the defendant at bar as ever was made in a court of law
 Prosecutor Thompson traced the trag- edy of last summer, step by step, until he reached the suicide of Sheriff Phil lips, which he attributed to the betrayal of Overton.
 Phillips died from a broken heart when he shot himself" thundered MT. Thompson, through the act of friend, 8 modern Judas Iscariot. But Judas, after he had betrayed the Master, retired to the hills, where he hung himself .'' And, he exclaimed, My God, why didn't t you do it?'
 Counsel for the defense speaks of our carrying Charlie Nails and Percy Brooks to Birmingham for safe keeping, and he is right. We did carry Nails and Brooks away for safe keeping, not from fear of mob violence, but from the fear of the bloody hands of Overton. A little more blood dripping from his fingers meant little, such are the depth of iniquity that rests on this mans soul, and our keeping Nails and Brooks In jail saved their lives. It was their testimony that forced the flinsy plea of self-defense"
 Prosecutor Thompson then dwelled fur ther on the alleged betrayal of Sheriff Phillips, until one of the juryrnen was openly crying and several women were weeping. He closed with an ardent plea for the death verdict
 Following the judges charge. which was lengthy, and the reading of the writ ten charges, the jury was given the case and they retired to the jury room. It was thought that at least several hours would elapse before verdict would be announced.
 Immediately after the jury had retired Attorney General William l.. Martin made motion in open court that bond in the cases of Charlie Nails and Percy Brooks both indicted for participation in the killing of Judge Lawler be set at 5000.
 Judge Miller entered the orders on the docket Both Nails and Brooks are now in jail at Guntersville, but 1t was stated last night that bond for Nails had al- ready been filed with Sheriff John Lowe, and that his release would follow. Bond for Brooks will be made tomorrow by his friends.