The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-06-30
He Sought 10 Tear Down
Dyar's Testimony
SPOKE NEARLY SEVEN HOURS
Chart Diagram of Morris Hotel Lobby
Was Used In Demonstrating POSI-
ton of Participants In
the Tragedy.


in progress in the Criminal court for
thirteen court days.
All the arguments have now been made
in the case with the exception of that
by Solicitor II. P. Hefiin, who will close
the case. Three arguments have been al
lowed on each side, and there seems to
be little doubt about the case going to
the jury some time today.
When Solicitor Helm shall have finish
ed Judge s. E. Greene will deliver his
charge to the jury and, as one of the at
torneys puts it, ut will be up to them"
Attention to Details.
Captain White who is the leading at
torney for the defendant went much fur
Their into the details of the evidence than
any Of the previous speakers. He began
his remarks at the opening of court yes
terday morning at $40 o'clock and did
not finish until 5:45 o'clock in the after
| noon.
He devoted most of the morning to
seeking to tear down the evidence of the
states witnesses Dyar and Hogan. Dur
ing his remarks he used a large chart
giving outline locations of the various
ing occurred
Spectators were coming and going at
all times during the day, and the court
room was we'll filled all the time. Captain
White had the last argument for the de-
PENDANT and considerable Importance was
attached TO 1t on that account. His voice
held up well during the day. Captain
| vrl,ita oa{d In mort.
Captain Whites Speech.
Gentlemen of the jury, I congratulate
you this morning on the fact that we are
nearing the end of tedious trial COM
mend you for the patience and attention
you have shown. 1t is not always that a
jury fully appreciates its own Importance.
Does it occur to you that the swearing OF
Witnesses the holding Of court and the
pleadings of the lawyers are all for your
benefit An American jury is the greatest
institution in the civilized world. You are
even greater than that place OF final APP
peal, the house of lords.
what is home? What is its signfi-
canoe? One beautiful Sabbath day on the
banks of the Potomac the two great ar
mics were camped within sight of each
ser AS the evening shades began to
appear federal band stepped out and
began to play the Star Spangled Ban
ner'' 1t was no more than finished when
the band on the other side broke out in
pixie" With deafenlng shouts, as II i'm
PEELED by one supreme force, both bands
then came forward and played Home
Sweet Home" And such shout there
vast
'Only a short time ago I could have
pointed you to some happy homes before
the serpent of lust had cast his slime
about them. Gentlemen of the jury, look
back and see what they were and what
they are now. and see whose conduct has
left that mildew behind. See what the
serpent has left in its trail. See what one
man has brought about by his unholy
and lustful passion.
you are here today gentlemen OF the
jury, a supreme power on earth. You are
responsible to no one under heaven.
Tho Killing.
This indictment states that Glen Havis,
with malice aforethought, killed Elias M.
|
isn't the killing alone that has to be
shown in this case but 1t Is the thought
In the heart at the time of the killing.
Your sworn duty is to start out with the
assumption of the defendants innocence
Of the charge, and he should be presumed
innocent clear up to the close of the case.
| The overt act Of the killing and the fact
that the defendant did 1t Is not denied.
but what was the motive was 1t
malice? This Indictment procaims to you
| and the world that J. p. Meroney is one
| Of the states witnesses-one Of the men
that will be used in helping to convict
this defendant The state did not put him
up, but forced us to do 1t in order to get
the whole truth Of this case. He was
their witness. mind you, and yet they
were afraid to put him UP for fear the
truth would come out Is It fair?
~. ]. Carter, clerk of the hotel. Here
is his name on this indictment. Why
didn't he go on the stand? He is the very
man who could have told whether Dyar
was there that morning or not. Out OF
| twenty names on the back of that indct-
ment they only put up six, and Jim Vas
sar and Burrel Wilksie were introduced
after the case was closed and we did not
have a chance to combat their testimony.
No wonder they say they want you to
find Havis guilty of murder in the first
degree! The same thing that prompts
them to say that prompted them to with
hold these witnesses and keep back the
truth.
'sThey started out to prove malice and
when they saw they were going to fail
they scout around and bring in that man
Cox to swear that he saw Havis and Wise
together on the morning OF the killing.
why didn't they bring him in here at the
start? That was the time to have done
It, or all the despicable characters that
have existed in the world for 1000 years
the most contemtible and unworthy is
the Judas, the man who betrays for a few
dirty dollars"
Blackboard Diagram.
At this point Capt. White had a black
board drawing brought IN showing the To-
calites at the Horris hotel which he used
| to demonstrate the various positions Of
| the participants In the tragedy and the
| points from which witnesses stated they
| had viewed the killing. Members Of the