The Birmingham age-herald., 1917-05-02

CoIson testified that on the Satur-
 day before the escape he passed Over
 toms cell and thought he discovered 8 pistol which Overton secreted when he appeared The state sought to show that Overton had a private lock which
 he placed on his cell door when he left
 but Colson could not support this al- legation.
 FORCED HIM INTO CELL H. w. Cole, under 10-year sentence
 for murder in the second degree, testi- fled that Malona, Macena and Overton forced him into a cell and locked the
 door just before they escaped. Malona threw a pistol on him and he resist
 ed at first but when Overton appeared
 with pistol he decided it would be better to submit to their demands. Cole admitted that Sheriff Batson operated cold drink stand in a DOT tion of the jail for the selling of drinks to prisoners and that he 6Cole) was charged with the duty of managing the stand.
 T. E. Street and F. c. Marke, detec- lives. testified about general condi- 1 NASAS Sh NiAN A4dl hc sdlu n6 ndu 1 seen prisoners with keys; has seen the door leading to the alley unlocked 1 and has seen prisoners under sentence 1 of death, including Malona and Ma | cena, walking about the jailyard On | cross examination Marke said he did l not see any prisoners escape and ad- mitted that the men were taking ex- ] ercise.
 On redirect examination he said Ma
 and sentenced to death when he saw them in the yard.
 Soloctor Hugo Black said the grand jury investigated the Overton escape and pre- sented indictments against Orr, A. D. 1 Batson and Lavendar therefor. MT. Black said three grand juries had investigated the matter of paying slS0 per month for janitor service and that J. T. Howle had urged that Sheriff Batson be indicted i for embezzlement because this money was not paid for janitor service. The
 matter, he said, had been adjusted by having the said labor prisoners do the janitors work
 'I consider that MT, Batson's adminis- tration has been efficient" said Solicitor Black in reply to direct question by Borden Burr.
 l J. w. Corbin, in reply to a question, said he had seen Overton with a big roll of money-perhaps s1OOO-a few days before the escape. Details were given | by c. s. Johnson and J. l. Addington. white prisoners.
 1 Kelly Lewis. negro, charged with grand larceny. repeated the story of | the escape of Overton and others Tom l Williams, negro prisoner. testified that | he had seen white prisoners with keys and had seen them let persons in and l out of the jail while c. H. Bradshaw. white, charged with false pretense. 1 said he saw pistol in Overton's cell l a short time before the escape Brad shaw testified that the only time he saw the jail searched was after the escape.
 PLEADS NOT GUILTY When Sheriff Batson. holder of the most remunerative office in the state, appeared before the supreme court al 10 o'clock his attorneys answered tha, he would resist the charges of incon. : jetency and willful neglect of duty preferred by the attorney general in articles of impeachment which result : l ed from the escape and death of Davld overton and other prisoners, who ob- tained their liberty from the Jefferson 1 county jail two months ago. l Sheriff Batson's attorneys are Borden fir, Af ID. l The state is represented by William l.. Martin, attorney general and Perry w. Turner, assistant attorney general. James I R. Daly, Birmingham detective. who worked up the liquor cases in Russell | county, has assisted in the preparation 1 Of the charges against Sheriff Batson. being employed by the attorney general and Governor Henderson
 i One positive point was brought out ] against Sheriff Batson at the morning session of the trial Several grand juries 1 criticized him for the manner in which the county jail was maintained and
 guarded. But each witness who testified
 about the report and about the state allegations had good word to say for Sheriff Batson--they could find nothing
 to show that Sheriff Batson was incom- petent or guilty of wilful neglect of duty 1 other than the failure properly to pro- vide guards.
 Jude William E. Fort, who handled
 many of the cases in which prisoners were confined, and who charged the l grand juries many times, was the most l important witness at the first SC ssion but his testimony consisted of an expla-
 nation of the grand juries reports, which | maintained that the sheriffs system o1 I guarding prisoners was not sufficient But after going into details in explain. ing the reports and showing why ano how the criticisms were directed against | the sheriff, Judge Fort. in answer to I question Of Borden Burr, said "GeneralIy l speaking. should say Sheriff Batson has l been q very efficient officer''
 The story of the actual jail delivery which gave liberty to Madison county's noted prisoner, David D. Overton, anc others for short time did not come out at the first session, but it will be told
 with all it's thrilling facts before the case l is concluded Those who testified al 1 the first session were: Connie Austin
 who was made chief jail deputy by Sher- 1 If Batson after Overton and the othel
 prisoners escaped; II. P. Tressler, Mont gomery photographer who made photo. graphs of the jail and corridors for tn, use of the supreme court; Judge Fort B. B. Smith and H. NJ. Brannen, plair clothes officer.