The Birmingham age-herald., 1903-10-15
WISE'S CASE WILL BE TRIED NOV. fl Will Be Heard by Judge Dan A,
 Greene TIME ALLOWED FOR TRIAL William Wise Was Indicted With Glen Havls for the Killing of Elias M.
 Lathem on April 17,
 Last.
TIME ALLOWED FOR TRIAL

The case of William Wise, who is charged with the killing of Elias M. Lathem in the lobby of the Morris hotel on April 1T, last, will come up for trial in the Jefferson county criminal court on Wednesday, November Il.
 It will be tried in the first division with Judge Dan A. Greene presiding.
 There has been much discussion for sev- eral weeks as to when the case would come up, and after consultation held at the office of the clerk of the court yes terday 1t was decided to set 1t for No- vember H. The judges of the criminal court alternate from the first to the sec- ond divisions and on the week beginning November 9 Judge Dan Greene would have been presiding over the first divis- ion. No cases will be set in the second division for the following week in order that Judge Dan Greene may be free If the case runs over into that week.
 Attracted Much Attention.
 The case of Wise has attracted so much attention not only in Birmingham, but throughout the state that it needs little explanation. He was joinly indicted for the killing of Lathem with Glen Havs, Havis was tried last June before Judge S. b. Greene, found guilty and sentenced to serve twelve and one-half years in the penitentiary.
 The evidence at the former trial show ed that Havis fired the shot that caused the death of the deceased. and an eff fort will be made to show that there was a conspiracy between Wise and Havis to bring about Lathems death
 The killing caused a great sensation, because of the prominence of MT. Wise in the city, as well as the fact that MT. Lathem was a commercial traveller well known in Birmingham and throughout the state. Certain other circumstances connected with the matter made the former trial of unusual public interest.
 Confined In Jail.
 Wise has been confined in the county jail practically since the day of the shoot ing During the summer he was brought before Judge A. A. Coleman of the cir cult court on a writ of habeas corpus, in an effort to secure his release on bail. The court finally decided that the peti- tioner was entitled to bail, as a matter of right, and the amount was agreed upon among the attorneys at $10,000.
 County Solicitor Henin at once gave notice of an appeal, and the matter is now waiting to be passed upon by the supreme court of the state. In the mean- time Wise was kept confined. The regu- lar term of the supreme court will begin on the second Tuesday in November. which is the 10th, and as the Wise mat ter Is preferred case, 1t will probably be passed on soon after the court con yenes.
 When Hayis was sentenced his attor neys immediately gave notice of an ap- peal, and that matter is also now await Ing action by the supreme court. Havis In the meantime has also been in the county jail,
 Havis and Wise were confined in the same cell at the jail for several months, but during the summer they were sepa- rated, because of the state of Havis' health. His physician pronounced that he was afflicted with consumption and that 1t was not safe for Wise to be con- fined with him.