Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-03-21
JUDGES SLAYER
KILLED BY POSSE
David d. Overton Shot to Death
Following His Escape
From Jail
DESPERATE BATTLE FOUGHT
Prisoners Overpower Guards and
Fight to Last When
Surrounded.
DESPERATE BATTLE FOUGHT

shcrihs posse early Tonight. less
than twelve hours after lie. with six
other men, had ESCAPED from the JEFF
fcrson County Jail. where he was un-
der sentence Of death for the murder
OF Probate Judge ". T. LawIer. of
Huntsville.
Tony Maiino. also under death
sentence. was Killed with Over,ou. and
j. l." Latham. who had been held on (.
charge Of forgery. VAS seriously
wounded. The other fugi;ivcs are still
at large
Abou, atty shots were nrcd in the
battle between the posse and the cs-
capped prisoners. Oycrton. who was
armed with rifle. opened the engage
ment a general fusillade followed. i'm
which three Of the fugitives fell.
Three others were seen to turn and
run, being swallowed up in the gem
erai darkness. The seventh escaped
man was not seen by the posse.
GUARDS KNOCKED DOWN.
DISARMED AND LOCKED III,
The men escaped from jail early to-
day after Knocking down and dlsarm-
ing the guards and Warden Lavender.
'''' " "b'i' 'il'E lpckpI uD. Ihrg
down an ALLEY To where an au,ouohiIc
was waiting for them. and. climbing
into it. drove rapidly away. Three or
them were under sentence Of death
Sam Messina having been convicted
with Malino for the murder Of a ned
dlcr.
Late this afternoon a negro told the
sheriff that tho escaped men had been
in I,rta 4,
lands between birmingham and owen
ton. back Of Owcnton College. This
college is within 100 yards of the home
of Solicitor Joseph Il. Tate. who last
fall represented the State in the
prosecution OF Overton
Ten deputies. under sheriff Hatson.
surrounded the escaped men, and we're
soon joined by students from owenton
College. The youths led in chase
after overtons -FOUR companions, VINO
iied when the firing began over,on.
armed with rifle, met the fire of the
officers alone at first. He was soon
joined by AIalino and Latham. and the
trio fought TO a finish. The SLAYER Of
Judge Lawler fell with a rifle IN hand.
and must have died instantly. Malino
and Latham both were armed with
none Of the posse was injured
The other four men who cscaned
this morning arc Sam Messina. under
death sentence with Malino for the
murder OF a peddler; j. Anderson.
Frank Smith and +. {, Winters. all
three charged with forgery
MtLINo is RELIEVED
ro HAVE BEEN LEADER
Tony Maiino is believed by officials
TO have been the leader i'm the ulan
I" escape. and the delivery is thought
to have been carefully prcarranged.
About o'clock this morning Maiino
was eating his breakfast in his eel!
with warden and "a turnkey sud
denly he leaped TO his feet and locked
the officers in. He then proceeded to
unlock the cells which contained
pVerton and the other prisoners
When the seven men had assembled
in the cell corridor, another turnkey
came up. He was quickly over
powered, and the men made their way
TO the Jail yard. There they CON
fronted Warden Lem Lavender Over
ton. armed with "A revolver. and Ma
limo. fortified with razor. forced
Lavender into the Jail kitchen and
took his keys. The fugitivcs then pro-
ceedcd to the street and several
blocks away got in n small automo-
bile.
negro teamstcr who stood near tho
machine told the police lie heard the
driver say:
hurry up Hurry up! Pile in quick
me curtains were closed and the au-
tom"hile soon was lost in the traffic.
When thc news Of the Jail delivery
spread posses were formed i'm nearly
every town within fifty miles of Eir-
mingham. and rewards were offered
by the city and State.
David ID. Dverton WAS arrested on
September %, 1916, ON a charge of
having murdered Judge w. r. Lawlcr
IN Huntsville in June, 1916. The arrest
occurred at Smithville, Tenn. after
long search
CONVICTED OF MURDER
AND DEATH SENTENCE IMPOSED
In November last Overton was con-
victed of Murder by Il Huntsville jury,
and the death sentence was imposed.
An appeal to the Supreme Court was
pending when he made his escape
According TO officials the escape
would have been the signal for the
automatic dismissal OF the appeal and
Overton would have suffered the death
penalty without further legal action
had he been captured.
Thc finding of the body Of Probate
Judge w. 4. Lawler In the Tennessee
River. near Whitesburg Ferry, Ala.
on the morning of June II. 1916, was
followed by the suicide in the next
week of Shelby Peasants. Huntsville
attorney. and Robert s. Phillips sheriff
CT Madison County. who. II is alleged.
killed themse) ;cs because they believed
they were suspected in connection with
the Iawlcr killing.