Fred's mother passed away when he was two. His father married twice after that, and according to his brother's testimony at the trial, it was a difficult childhood, to the point they had considered running away.
Fred made some bad choices beginning July 9, 1950, when he took a 1949 model car in Hastings (or Oxford as there are conflicting reports) and committed armed robbery at the Coryell service station in Grand Island at 2:30 a.m. He pulled a pistol from a box and forced the station operator, Lawrence Murphy, to turn over the station's money. He was arrested 37 minutes later, eight and one-half miles east of Kearney, Nebraska, by Safety Patrolmen E. M. Shaw of Minden, Francis Dvorak and O.H. Young of Kearney. They found $37 and the gun allegedly used in the robbery in the car. Initially Fred denied it, but after being identified by Larry Murphy as the hold up man, he admitted it. He was received July 14, 1950, to serve a three year term at the State Reformatory. Thirty-eight days later he escaped but was returned the next day and on September 14, 1950, was transferred to the penitentiary with an additional year added to his sentence.
He had gotten out of the Nebraska Penitentiary in Lincoln two days before Christmas 1953. He had served out his sentence of 3 years plus the year for escaping with time off for good behavior. The prison officials reported that he had a good record. He played in the prison band. He had gotten a job as a furnace salesman in Hastings.
Early Sunday morning , October 3, 1954, Fred took a car from Hastings and traveled over a little used gravel road to Earl Laurence Gugle's farm about three miles east of Holdrege. Lights were on as the family had just finished watching a late show on television and were enjoying a snack. Overton pretended to be looking for a man named "McFarland". Earl insisted that he didn't know any McFarlands and invited him in to look in the telephone book. Fred pulled a .32 caliber revolver and told him he needn't look any further as what he really wanted was their money, although he had several dollars of his own. He herded Earl into the living room where Imogene, Earl's wife, Leland Bruce Erickson, a 26 year old friend of the family from Holdrege, and Earl's 16 year old brother, Paul K. Gugel, a Holdrege high school student, were sitting. Fred ordered them to sit on the floor and give him their wallets. After taking $10, Overton told them that he hadn't eaten in days and was hungry. Mrs. Gugel, told him there was coffee and rolls on the table and to help himself.
Erickson attempted to distract him with conversation and then attempted to get the gun away from him. Shooting started. Fred put two bullets in Leland's chest, killing him. Paul and Earl wrestled Fred to the floor but received gun shot wounds-Earl in the leg and Paul receiving two bullet shots to the abdomen. Earl's brother, Karl Henry Gugel heard the commotion from his bedroom, and entered the room with a shotgun. He held Fred at bay until the sheriff arrived.
Sheriff G. Royal Hansen said he found Fred sitting peacefully on the davenport with the money in his overcoat. Fred admitted to the shooting in a signed statement. The sheriff took him to the Phelps County Jail.
Monday, County Attorney Richard E. Person prepared two counts of first degree murder charges against Fred. Imogene inquired rather Fred had been told Leland had died. When it was affirmed, she said, "Good, I want him to have plenty of time to think about the needless, cruel killing of a man who wanted to help him.
Tuesday, Fred was sitting in his jail cell silent and sullen reading religious pamphlets, awaiting trial. Paul was in critical condition.
Funeral services were held for Leland on Wednesday afternoon with Rev. Arthur Peterson officiating. He was survived by his parents, Carl A. and Lillian Erickson, and a brother, Floyd. Paul was upgraded to fair condition.
October 18th, District Judge Edmund Peter Nuss of Hastings granted Overton's request to delay the murder hearing as he hadn't retained an attorney and needed more time to decide. The judge asked if he wanted to select his own attorney, or if he would need the court to appoint one. He said if an attorney hadn't been selected within a week, one would be appointed for him. He noted that one of the witnesses was still in the hospital so the request wasn't unreasonable.
Tuesday, October 26th, William Henry Meier of Minden was appointed by the court to defend Fred. Overton was in court but didn't enter a plea. Meier was a former Deputy U.S. District attorney and former Democratic State chairman, at the time a candidate for the short-term in the U.S. Senate.
A trial date of December 13, was set Friday, November 5th. Fred plead innocent to both counts in a low voice with Meier sitting beside him. He had lost weight and showed no emotion during the arraignment. Meier filed a motion requesting one of the charges be dropped, but the judge overruled it.
Thursday, December 2, The Kearney Daily Hub reported twenty people were to be called as witnesses. Because of the anticipated difficulty in choosing a jury, more than 70 people had been called for prospective duty, and according to Clerk of the District Court, Elmer Brunzell, an addition forty eight jury panelists were called that week.
On Monday, December 6, it was reported that Meier had filed two motions in Phelps County District Court. One was challenging selection of the jury panel, contending that Phelps County had been violating a state law in that it didn't include women on its juries. He argued that the county board had ample time and money since 1941 to provide facilities for women jurors.
The other motion was seeking to have Overton examined by a psychiatrist. He had been examined by psychiatrists at the request of the prosecution that he submitted to voluntarily. Meier charged the results of those tests had not been made available to him and he asked that the court grant approval for another group of doctors to examine him.
December 13, trial began for Fred. County Attorney Richard E. Person indicated he would seek the death penalty. Meier hadn't indicated what line the defense was going to take.
Tuesday, the 14th, a twelve man jury, six of them farmers, were selected from a total of 94 panelists. The defense used all of its peremptory challenges and the prosecution all but one.
In Person's opening statement, he outlined facts of the case, bit didn't emphasize his expected demand for the death penalty.
Meier told jurors the burden of proof rested upon the state. He explained that acts may cast different light on the degree of penalty if it is proven that Overton did shoot Erickson. He said several lines of defense may be pursued, and that it may be shown that Overton was mentally ill, a fact which jurors would have to consider in deciding the penalty.
Mrs. Earl Gugle was the first witness. She identified Fred as the intruder who had killed Leland and wounded her husband and brother-in-law after robbing their billfolds.
Friday, December 14, the newspaper reported Meier had called witnesses who testified as to Overton's unstable early life and family difficulties and a girl who testified she had turned down Overton's proposal of marriage the day before the incident. Fred's father, Fred A. Overton, of Hastings; and brothers, Ralph and Dale, both of Meeker, Colorado, told of the early death of Fred's mother and difficult childhood. While Dale was telling his story, he broke down emotionally and the testimony had to be temporarily stopped so he could regain his composure. As Dale testified, Fred wept, showing the first display of emotion since the trial began.
Mrs. Walter Thomas, Fred's former employer from Hastings, testified that he was a good worker.
Meier requested a brief recess without objection from the prosecution. He then called Dr. Edward R. Brousseau, Omaha psychiatrist, to the stand to testify on the mental examination.
The article posted sums up the conviction of lifetime in prison.
January 10, 1955, The Kearney Daily Hub reported that the trial had been costly for Phelps County taxpayers estimating over $2500.
Lifetime was cut short with Fred passing away at the age of 33 years, 7 months, and 22 days. It seems that a takeaway from this tragic story is childhood has an impact on us. Our choices direct the outcome of our lives and do affect those around us. We can't change the past, but hopefully we can learn from it.
Fred made some bad choices beginning July 9, 1950, when he took a 1949 model car in Hastings (or Oxford as there are conflicting reports) and committed armed robbery at the Coryell service station in Grand Island at 2:30 a.m. He pulled a pistol from a box and forced the station operator, Lawrence Murphy, to turn over the station's money. He was arrested 37 minutes later, eight and one-half miles east of Kearney, Nebraska, by Safety Patrolmen E. M. Shaw of Minden, Francis Dvorak and O.H. Young of Kearney. They found $37 and the gun allegedly used in the robbery in the car. Initially Fred denied it, but after being identified by Larry Murphy as the hold up man, he admitted it. He was received July 14, 1950, to serve a three year term at the State Reformatory. Thirty-eight days later he escaped but was returned the next day and on September 14, 1950, was transferred to the penitentiary with an additional year added to his sentence.
He had gotten out of the Nebraska Penitentiary in Lincoln two days before Christmas 1953. He had served out his sentence of 3 years plus the year for escaping with time off for good behavior. The prison officials reported that he had a good record. He played in the prison band. He had gotten a job as a furnace salesman in Hastings.
Early Sunday morning , October 3, 1954, Fred took a car from Hastings and traveled over a little used gravel road to Earl Laurence Gugle's farm about three miles east of Holdrege. Lights were on as the family had just finished watching a late show on television and were enjoying a snack. Overton pretended to be looking for a man named "McFarland". Earl insisted that he didn't know any McFarlands and invited him in to look in the telephone book. Fred pulled a .32 caliber revolver and told him he needn't look any further as what he really wanted was their money, although he had several dollars of his own. He herded Earl into the living room where Imogene, Earl's wife, Leland Bruce Erickson, a 26 year old friend of the family from Holdrege, and Earl's 16 year old brother, Paul K. Gugel, a Holdrege high school student, were sitting. Fred ordered them to sit on the floor and give him their wallets. After taking $10, Overton told them that he hadn't eaten in days and was hungry. Mrs. Gugel, told him there was coffee and rolls on the table and to help himself.
Erickson attempted to distract him with conversation and then attempted to get the gun away from him. Shooting started. Fred put two bullets in Leland's chest, killing him. Paul and Earl wrestled Fred to the floor but received gun shot wounds-Earl in the leg and Paul receiving two bullet shots to the abdomen. Earl's brother, Karl Henry Gugel heard the commotion from his bedroom, and entered the room with a shotgun. He held Fred at bay until the sheriff arrived.
Sheriff G. Royal Hansen said he found Fred sitting peacefully on the davenport with the money in his overcoat. Fred admitted to the shooting in a signed statement. The sheriff took him to the Phelps County Jail.
Monday, County Attorney Richard E. Person prepared two counts of first degree murder charges against Fred. Imogene inquired rather Fred had been told Leland had died. When it was affirmed, she said, "Good, I want him to have plenty of time to think about the needless, cruel killing of a man who wanted to help him.
Tuesday, Fred was sitting in his jail cell silent and sullen reading religious pamphlets, awaiting trial. Paul was in critical condition.
Funeral services were held for Leland on Wednesday afternoon with Rev. Arthur Peterson officiating. He was survived by his parents, Carl A. and Lillian Erickson, and a brother, Floyd. Paul was upgraded to fair condition.
October 18th, District Judge Edmund Peter Nuss of Hastings granted Overton's request to delay the murder hearing as he hadn't retained an attorney and needed more time to decide. The judge asked if he wanted to select his own attorney, or if he would need the court to appoint one. He said if an attorney hadn't been selected within a week, one would be appointed for him. He noted that one of the witnesses was still in the hospital so the request wasn't unreasonable.
Tuesday, October 26th, William Henry Meier of Minden was appointed by the court to defend Fred. Overton was in court but didn't enter a plea. Meier was a former Deputy U.S. District attorney and former Democratic State chairman, at the time a candidate for the short-term in the U.S. Senate.
A trial date of December 13, was set Friday, November 5th. Fred plead innocent to both counts in a low voice with Meier sitting beside him. He had lost weight and showed no emotion during the arraignment. Meier filed a motion requesting one of the charges be dropped, but the judge overruled it.
Thursday, December 2, The Kearney Daily Hub reported twenty people were to be called as witnesses. Because of the anticipated difficulty in choosing a jury, more than 70 people had been called for prospective duty, and according to Clerk of the District Court, Elmer Brunzell, an addition forty eight jury panelists were called that week.
On Monday, December 6, it was reported that Meier had filed two motions in Phelps County District Court. One was challenging selection of the jury panel, contending that Phelps County had been violating a state law in that it didn't include women on its juries. He argued that the county board had ample time and money since 1941 to provide facilities for women jurors.
The other motion was seeking to have Overton examined by a psychiatrist. He had been examined by psychiatrists at the request of the prosecution that he submitted to voluntarily. Meier charged the results of those tests had not been made available to him and he asked that the court grant approval for another group of doctors to examine him.
December 13, trial began for Fred. County Attorney Richard E. Person indicated he would seek the death penalty. Meier hadn't indicated what line the defense was going to take.
Tuesday, the 14th, a twelve man jury, six of them farmers, were selected from a total of 94 panelists. The defense used all of its peremptory challenges and the prosecution all but one.
In Person's opening statement, he outlined facts of the case, bit didn't emphasize his expected demand for the death penalty.
Meier told jurors the burden of proof rested upon the state. He explained that acts may cast different light on the degree of penalty if it is proven that Overton did shoot Erickson. He said several lines of defense may be pursued, and that it may be shown that Overton was mentally ill, a fact which jurors would have to consider in deciding the penalty.
Mrs. Earl Gugle was the first witness. She identified Fred as the intruder who had killed Leland and wounded her husband and brother-in-law after robbing their billfolds.
Friday, December 14, the newspaper reported Meier had called witnesses who testified as to Overton's unstable early life and family difficulties and a girl who testified she had turned down Overton's proposal of marriage the day before the incident. Fred's father, Fred A. Overton, of Hastings; and brothers, Ralph and Dale, both of Meeker, Colorado, told of the early death of Fred's mother and difficult childhood. While Dale was telling his story, he broke down emotionally and the testimony had to be temporarily stopped so he could regain his composure. As Dale testified, Fred wept, showing the first display of emotion since the trial began.
Mrs. Walter Thomas, Fred's former employer from Hastings, testified that he was a good worker.
Meier requested a brief recess without objection from the prosecution. He then called Dr. Edward R. Brousseau, Omaha psychiatrist, to the stand to testify on the mental examination.
The article posted sums up the conviction of lifetime in prison.
January 10, 1955, The Kearney Daily Hub reported that the trial had been costly for Phelps County taxpayers estimating over $2500.
Lifetime was cut short with Fred passing away at the age of 33 years, 7 months, and 22 days. It seems that a takeaway from this tragic story is childhood has an impact on us. Our choices direct the outcome of our lives and do affect those around us. We can't change the past, but hopefully we can learn from it.
Fred's mother passed away when he was two. His father married twice after that, and according to his brother's testimony at the trial, it was a difficult childhood, to the point they had considered running away.
Fred made some bad choices beginning July 9, 1950, when he took a 1949 model car in Hastings (or Oxford as there are conflicting reports) and committed armed robbery at the Coryell service station in Grand Island at 2:30 a.m. He pulled a pistol from a box and forced the station operator, Lawrence Murphy, to turn over the station's money. He was arrested 37 minutes later, eight and one-half miles east of Kearney, Nebraska, by Safety Patrolmen E. M. Shaw of Minden, Francis Dvorak and O.H. Young of Kearney. They found $37 and the gun allegedly used in the robbery in the car. Initially Fred denied it, but after being identified by Larry Murphy as the hold up man, he admitted it. He was received July 14, 1950, to serve a three year term at the State Reformatory. Thirty-eight days later he escaped but was returned the next day and on September 14, 1950, was transferred to the penitentiary with an additional year added to his sentence.
He had gotten out of the Nebraska Penitentiary in Lincoln two days before Christmas 1953. He had served out his sentence of 3 years plus the year for escaping with time off for good behavior. The prison officials reported that he had a good record. He played in the prison band. He had gotten a job as a furnace salesman in Hastings.
Early Sunday morning , October 3, 1954, Fred took a car from Hastings and traveled over a little used gravel road to Earl Laurence Gugle's farm about three miles east of Holdrege. Lights were on as the family had just finished watching a late show on television and were enjoying a snack. Overton pretended to be looking for a man named "McFarland". Earl insisted that he didn't know any McFarlands and invited him in to look in the telephone book. Fred pulled a .32 caliber revolver and told him he needn't look any further as what he really wanted was their money, although he had several dollars of his own. He herded Earl into the living room where Imogene, Earl's wife, Leland Bruce Erickson, a 26 year old friend of the family from Holdrege, and Earl's 16 year old brother, Paul K. Gugel, a Holdrege high school student, were sitting. Fred ordered them to sit on the floor and give him their wallets. After taking $10, Overton told them that he hadn't eaten in days and was hungry. Mrs. Gugel, told him there was coffee and rolls on the table and to help himself.
Erickson attempted to distract him with conversation and then attempted to get the gun away from him. Shooting started. Fred put two bullets in Leland's chest, killing him. Paul and Earl wrestled Fred to the floor but received gun shot wounds-Earl in the leg and Paul receiving two bullet shots to the abdomen. Earl's brother, Karl Henry Gugel heard the commotion from his bedroom, and entered the room with a shotgun. He held Fred at bay until the sheriff arrived.
Sheriff G. Royal Hansen said he found Fred sitting peacefully on the davenport with the money in his overcoat. Fred admitted to the shooting in a signed statement. The sheriff took him to the Phelps County Jail.
Monday, County Attorney Richard E. Person prepared two counts of first degree murder charges against Fred. Imogene inquired rather Fred had been told Leland had died. When it was affirmed, she said, "Good, I want him to have plenty of time to think about the needless, cruel killing of a man who wanted to help him.
Tuesday, Fred was sitting in his jail cell silent and sullen reading religious pamphlets, awaiting trial. Paul was in critical condition.
Funeral services were held for Leland on Wednesday afternoon with Rev. Arthur Peterson officiating. He was survived by his parents, Carl A. and Lillian Erickson, and a brother, Floyd. Paul was upgraded to fair condition.
October 18th, District Judge Edmund Peter Nuss of Hastings granted Overton's request to delay the murder hearing as he hadn't retained an attorney and needed more time to decide. The judge asked if he wanted to select his own attorney, or if he would need the court to appoint one. He said if an attorney hadn't been selected within a week, one would be appointed for him. He noted that one of the witnesses was still in the hospital so the request wasn't unreasonable.
Tuesday, October 26th, William Henry Meier of Minden was appointed by the court to defend Fred. Overton was in court but didn't enter a plea. Meier was a former Deputy U.S. District attorney and former Democratic State chairman, at the time a candidate for the short-term in the U.S. Senate.
A trial date of December 13, was set Friday, November 5th. Fred plead innocent to both counts in a low voice with Meier sitting beside him. He had lost weight and showed no emotion during the arraignment. Meier filed a motion requesting one of the charges be dropped, but the judge overruled it.
Thursday, December 2, The Kearney Daily Hub reported twenty people were to be called as witnesses. Because of the anticipated difficulty in choosing a jury, more than 70 people had been called for prospective duty, and according to Clerk of the District Court, Elmer Brunzell, an addition forty eight jury panelists were called that week.
On Monday, December 6, it was reported that Meier had filed two motions in Phelps County District Court. One was challenging selection of the jury panel, contending that Phelps County had been violating a state law in that it didn't include women on its juries. He argued that the county board had ample time and money since 1941 to provide facilities for women jurors.
The other motion was seeking to have Overton examined by a psychiatrist. He had been examined by psychiatrists at the request of the prosecution that he submitted to voluntarily. Meier charged the results of those tests had not been made available to him and he asked that the court grant approval for another group of doctors to examine him.
December 13, trial began for Fred. County Attorney Richard E. Person indicated he would seek the death penalty. Meier hadn't indicated what line the defense was going to take.
Tuesday, the 14th, a twelve man jury, six of them farmers, were selected from a total of 94 panelists. The defense used all of its peremptory challenges and the prosecution all but one.
In Person's opening statement, he outlined facts of the case, bit didn't emphasize his expected demand for the death penalty.
Meier told jurors the burden of proof rested upon the state. He explained that acts may cast different light on the degree of penalty if it is proven that Overton did shoot Erickson. He said several lines of defense may be pursued, and that it may be shown that Overton was mentally ill, a fact which jurors would have to consider in deciding the penalty.
Mrs. Earl Gugle was the first witness. She identified Fred as the intruder who had killed Leland and wounded her husband and brother-in-law after robbing their billfolds.
Friday, December 14, the newspaper reported Meier had called witnesses who testified as to Overton's unstable early life and family difficulties and a girl who testified she had turned down Overton's proposal of marriage the day before the incident. Fred's father, Fred A. Overton, of Hastings; and brothers, Ralph and Dale, both of Meeker, Colorado, told of the early death of Fred's mother and difficult childhood. While Dale was telling his story, he broke down emotionally and the testimony had to be temporarily stopped so he could regain his composure. As Dale testified, Fred wept, showing the first display of emotion since the trial began.
Mrs. Walter Thomas, Fred's former employer from Hastings, testified that he was a good worker.
Meier requested a brief recess without objection from the prosecution. He then called Dr. Edward R. Brousseau, Omaha psychiatrist, to the stand to testify on the mental examination.
The article posted sums up the conviction of lifetime in prison.
January 10, 1955, The Kearney Daily Hub reported that the trial had been costly for Phelps County taxpayers estimating over $2500.
Lifetime was cut short with Fred passing away at the age of 33 years, 7 months, and 22 days. It seems that a takeaway from this tragic story is childhood has an impact on us. Our choices direct the outcome of our lives and do affect those around us. We can't change the past, but hopefully we can learn from it.
Fred made some bad choices beginning July 9, 1950, when he took a 1949 model car in Hastings (or Oxford as there are conflicting reports) and committed armed robbery at the Coryell service station in Grand Island at 2:30 a.m. He pulled a pistol from a box and forced the station operator, Lawrence Murphy, to turn over the station's money. He was arrested 37 minutes later, eight and one-half miles east of Kearney, Nebraska, by Safety Patrolmen E. M. Shaw of Minden, Francis Dvorak and O.H. Young of Kearney. They found $37 and the gun allegedly used in the robbery in the car. Initially Fred denied it, but after being identified by Larry Murphy as the hold up man, he admitted it. He was received July 14, 1950, to serve a three year term at the State Reformatory. Thirty-eight days later he escaped but was returned the next day and on September 14, 1950, was transferred to the penitentiary with an additional year added to his sentence.
He had gotten out of the Nebraska Penitentiary in Lincoln two days before Christmas 1953. He had served out his sentence of 3 years plus the year for escaping with time off for good behavior. The prison officials reported that he had a good record. He played in the prison band. He had gotten a job as a furnace salesman in Hastings.
Early Sunday morning , October 3, 1954, Fred took a car from Hastings and traveled over a little used gravel road to Earl Laurence Gugle's farm about three miles east of Holdrege. Lights were on as the family had just finished watching a late show on television and were enjoying a snack. Overton pretended to be looking for a man named "McFarland". Earl insisted that he didn't know any McFarlands and invited him in to look in the telephone book. Fred pulled a .32 caliber revolver and told him he needn't look any further as what he really wanted was their money, although he had several dollars of his own. He herded Earl into the living room where Imogene, Earl's wife, Leland Bruce Erickson, a 26 year old friend of the family from Holdrege, and Earl's 16 year old brother, Paul K. Gugel, a Holdrege high school student, were sitting. Fred ordered them to sit on the floor and give him their wallets. After taking $10, Overton told them that he hadn't eaten in days and was hungry. Mrs. Gugel, told him there was coffee and rolls on the table and to help himself.
Erickson attempted to distract him with conversation and then attempted to get the gun away from him. Shooting started. Fred put two bullets in Leland's chest, killing him. Paul and Earl wrestled Fred to the floor but received gun shot wounds-Earl in the leg and Paul receiving two bullet shots to the abdomen. Earl's brother, Karl Henry Gugel heard the commotion from his bedroom, and entered the room with a shotgun. He held Fred at bay until the sheriff arrived.
Sheriff G. Royal Hansen said he found Fred sitting peacefully on the davenport with the money in his overcoat. Fred admitted to the shooting in a signed statement. The sheriff took him to the Phelps County Jail.
Monday, County Attorney Richard E. Person prepared two counts of first degree murder charges against Fred. Imogene inquired rather Fred had been told Leland had died. When it was affirmed, she said, "Good, I want him to have plenty of time to think about the needless, cruel killing of a man who wanted to help him.
Tuesday, Fred was sitting in his jail cell silent and sullen reading religious pamphlets, awaiting trial. Paul was in critical condition.
Funeral services were held for Leland on Wednesday afternoon with Rev. Arthur Peterson officiating. He was survived by his parents, Carl A. and Lillian Erickson, and a brother, Floyd. Paul was upgraded to fair condition.
October 18th, District Judge Edmund Peter Nuss of Hastings granted Overton's request to delay the murder hearing as he hadn't retained an attorney and needed more time to decide. The judge asked if he wanted to select his own attorney, or if he would need the court to appoint one. He said if an attorney hadn't been selected within a week, one would be appointed for him. He noted that one of the witnesses was still in the hospital so the request wasn't unreasonable.
Tuesday, October 26th, William Henry Meier of Minden was appointed by the court to defend Fred. Overton was in court but didn't enter a plea. Meier was a former Deputy U.S. District attorney and former Democratic State chairman, at the time a candidate for the short-term in the U.S. Senate.
A trial date of December 13, was set Friday, November 5th. Fred plead innocent to both counts in a low voice with Meier sitting beside him. He had lost weight and showed no emotion during the arraignment. Meier filed a motion requesting one of the charges be dropped, but the judge overruled it.
Thursday, December 2, The Kearney Daily Hub reported twenty people were to be called as witnesses. Because of the anticipated difficulty in choosing a jury, more than 70 people had been called for prospective duty, and according to Clerk of the District Court, Elmer Brunzell, an addition forty eight jury panelists were called that week.
On Monday, December 6, it was reported that Meier had filed two motions in Phelps County District Court. One was challenging selection of the jury panel, contending that Phelps County had been violating a state law in that it didn't include women on its juries. He argued that the county board had ample time and money since 1941 to provide facilities for women jurors.
The other motion was seeking to have Overton examined by a psychiatrist. He had been examined by psychiatrists at the request of the prosecution that he submitted to voluntarily. Meier charged the results of those tests had not been made available to him and he asked that the court grant approval for another group of doctors to examine him.
December 13, trial began for Fred. County Attorney Richard E. Person indicated he would seek the death penalty. Meier hadn't indicated what line the defense was going to take.
Tuesday, the 14th, a twelve man jury, six of them farmers, were selected from a total of 94 panelists. The defense used all of its peremptory challenges and the prosecution all but one.
In Person's opening statement, he outlined facts of the case, bit didn't emphasize his expected demand for the death penalty.
Meier told jurors the burden of proof rested upon the state. He explained that acts may cast different light on the degree of penalty if it is proven that Overton did shoot Erickson. He said several lines of defense may be pursued, and that it may be shown that Overton was mentally ill, a fact which jurors would have to consider in deciding the penalty.
Mrs. Earl Gugle was the first witness. She identified Fred as the intruder who had killed Leland and wounded her husband and brother-in-law after robbing their billfolds.
Friday, December 14, the newspaper reported Meier had called witnesses who testified as to Overton's unstable early life and family difficulties and a girl who testified she had turned down Overton's proposal of marriage the day before the incident. Fred's father, Fred A. Overton, of Hastings; and brothers, Ralph and Dale, both of Meeker, Colorado, told of the early death of Fred's mother and difficult childhood. While Dale was telling his story, he broke down emotionally and the testimony had to be temporarily stopped so he could regain his composure. As Dale testified, Fred wept, showing the first display of emotion since the trial began.
Mrs. Walter Thomas, Fred's former employer from Hastings, testified that he was a good worker.
Meier requested a brief recess without objection from the prosecution. He then called Dr. Edward R. Brousseau, Omaha psychiatrist, to the stand to testify on the mental examination.
The article posted sums up the conviction of lifetime in prison.
January 10, 1955, The Kearney Daily Hub reported that the trial had been costly for Phelps County taxpayers estimating over $2500.
Lifetime was cut short with Fred passing away at the age of 33 years, 7 months, and 22 days. It seems that a takeaway from this tragic story is childhood has an impact on us. Our choices direct the outcome of our lives and do affect those around us. We can't change the past, but hopefully we can learn from it.
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