The Birmingham age-herald., 1921-04-19
OVERRU[ES MOTION FOR DISAPPOINTMENT
 OF MURDER TRIAL
Neville and MiIIigan, Accused of Killing Bivens, Want Case Deferred for Further
 Preparation of Defense

Motions to postpone the trials of W. B. Neville and Charlie Milligan, charged with the murder of John Bivens, union miner, were overruled yesterday by Judge William E. Fort in the criminal division of the circuit court.
 John Altman. attorney for the accused men, objected to their cases being set for April 9 on the grounds that too short a time remained before they are set for the proper, preparation of de- fense
 c. P, Beddow special prosecutor for the state, in resisting the motion, told the court that a prompt trial of the cases was necessary because of the dan ger that eye witnesses to the killing may be gotten out of the way if the cases are postponed. Threatening letters had been received at the homes of some of the states witnesses about their forth coming testimony. MT. Beddow told Judge Fort.
 WIVES SOUGHT THEM
 ACCOKuluB lO ClistI 5eS illsA0S Ot AAhA. SAAN- man, the men were being held in con finement by the state and the wives of Dan Lattimer and Lloyd Little, who are said to have been present at ths time of the killing, did not know where their husbands were and had come to the county jail to inquire as to their whereabouts.
 Any knowledge of the whereabouts of the men was denied by MT Beddow, who cit tad hQ 1IUdarStn0d fhaV had been re- leased.
 The witnesses referred to were Dan I1attimer, who turned states evidence at the coroners inquest; Lloyd Little, who is alleged to have been with Milligan and Neville at the time of the shoot ing, and Wick Ware, who was accom- paning Bivens home from work when he was Killed and who was also fired upon several times by the assaiiants of the miner.
 INDICTED APRIL 15
 Neville and Miiligan were indicted by the Jefferson county grand jury, April 15, and on the following day were ar raigned in open court and their cases formally set for trial April S. The week beginning on that date has been set aside for the hearing of capital cases The formal motion filed by MT. Alt man yesterday asking that the trials be deferred as insufficient time remained ir which to properly prepare the derense were supported by affidavits from Milli gan and Neville and from the attorney It was alleged in the motion that fol some days after their arrest the rner were held in solitary confinement ol such as prevented communication witt the outside world, and were deprived o the benefit of counsel
 NUMEROUS WITNESSES Approximately 75 witnesses will b' summoned in the case from this and ad joining counties, according to the al | legations of the motion, and the attor ney will be in Montgomery several day. this week appearing before the supreme l court.
 1 It was also pointed out that the at torney for the defendants also repre- sented J. R. Allison, who will be triet next week on charge of murder and ! as there are numerous witnesses in tha case, it will be impossible for him t give the proper attention to the cases Q Milligan and Neville in order to hav' them properly prepared for trial.
 In overruling the motions. for post ponement of the trials, Judge Fort al flowed the original setting to stand witt | called Monday it was found that addi 1 the stipulation that when the cases wer tional time was needed, they would D. SC. for later day in the week