Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1917-03-23
SIX COMPANIONS OF
OVERTON, STILL FREE
Slayer of Judge LawIer Is
Shot to Death in Battle
With Posse
BY Associated Press D

BIRMINGHAM. Ala, March IL
David n. Overton. slayer of Judge ".
7. LAWYER. and a fugitive from the JEFF
ferson county Jail, who yesterday with
six companions engaged in a battle with
a posse of deputies in the outskirts of
Birmingham. was shot through the heart
and killed by Deputy Lee White, 1t was
learned today.
When Overton fell, White declared
Tony Malino and Sam Messina took
flight. A volley from the rifles Of the
possemen brought Malino down with
death wound. but Messina fled and
escaped in the darkness. The pursuers
today still are on the trail of Messina
and four other men who formed the lit
tie band that escaped from the county
Jail early yesterday.
I l. Latham. under indictment on
charge of forgery. who received fatal
wound in the battle. shortly before noon
today requested to see County Solicitor
Black. lie declared he wished TO make
a statement. Latham would give no
indication of what he intended TO tell
the solicitor. Solicitor Black went inn
nediately to the hospital where the dy-
ing man is confined.
Hospital authorities at noon said
Latham gradually was sinking and hope
for his recovery is abandoned.
Of the former Huntsville official. last
night viewed the body of his father in
A local undertaking establishment. Later
he went into an anteroom where for
half an hour he wept in silence. He
was the only member of the Overton
family 10 visit the undertaking estab-
lishment.
A grand jury Of the jefferson county
circuit court today is investigating yes
terday's Jail delivery, which involved
the flight of seven prisoners. three OF
whom were under death sentences for
murders.
ENDS SENSATIONAL CASE.
The escape Of Overton and his COM
panions. the battle that followed and
Overton's death brought 10 a dramatic
close one of the most sensational muir
der cases i'm Alabama's histody. Over
ton. clerk of the Madison county circuit
court and former chief Of police of
Huntsville. disappeared soon after the
discovery of the body OF Judge LAWYER.
his political rival, in slough Of the
Tennessee river. After months or
search he was captured. brought 10
Huntsville. convicted and sentenced to
death. An appeal TO the supreme court
STAYED execution of the sentence, and
meanwhile Overton was brought to Birm-
inghatn for safe-keeping. His defense
was that he ana Judge Lawler had be-
come involved in a political argument,
that A fight followed, and Lawler was
shot in self defense.
During the trial il was brought out
that while search was being made for
Overton in all parts of the country, he
was visiting Huntsville at regular In
tervals in order TO see his family.
While Overton was a fugitive, Shelby
Peasants, a prominent attorney there,
committed suicide because he believed
ne was under suspicion in connection
with LAWYERS death, and few days lat
er Sheriff Phillips killed himself for the
same reason. The situation then became
so tense that state troops were called
upon TO guard the town. Threats OF
Ivnching were heard and the troops re-
NAMED on duty for a week. Overton's
trial, however, was conducted without
disorder.
HOW THEY ESCAPED.
The escape of the seven prisoners APP
parentIy was deliberately planned. All
were armed, and no difficulty was found
in overpowering Warden Lavender. In
addition an automobile was found wait
ing for them a short distance from the
Jail A report from Montgomery said
Attorney General Martin had ordered the
Jefferson county grand jury to investi-
gate the affairs.
Malino was under death sentence for
killing a peddler. Latham was under
inictment for forgery.
The men still at large are Sam Mes
sina, under death sentence with Malino,
j. Anderson, Frank Smith and F. c. Win
ters AL charged with forgery.