The Birmingham age-herald., 1903-07-21
JUDGE COLEMAN
 ID TAKE HIS TIME Will Spend Several Days Look ing Over Havis Testimony WILLIAM WISE IN COURT Both Sides Agree to Submit Testi- mony of Witnesses in the Havis
 Case as Evldence--can
 Have Other Witnesses.
WILLIAM WISE IN COURT

It was agreed yesterday between the attorneys for the state and for the de- fense in the case of William Wise. charg- ed with the murder of Elias M. Lathem, that the stenographlc report of the tes- timony of witnesses in the recent trial of Glen Havis should be submitted as evidence in the habeas corpus proceed ings instituted on behalf of Wise by his attorneys.
 The defendant was brought in before Judge A. A. Coleman of the Jefferson county Circuit court yesterday morning at 10:8O o'clock. He was accompanied by his wife. His parents were already in the court room. Very few spectators were present.
 The attorneys present were Solicitor II. P. Heflin S. D. Weakley and John NJ . Caldwell for the state. and Capt. r. s. White, Hugh Morrow, Robert N. Bell and A. Leo oberdorfer for the defense.
 Both Sides Agreed.
 Attorney Weakley announced to the court that both sides had agreed to sub init the testimony of witnesses in the Havis trial as evidence In the habeas corpus adding that the state did not care to submit the testimony of John E. La- them and also that they wanted to sub init the evidence of Burrel wfksie at the preliminary trial before Justice I. II. Benners as 1t was more complete than in the trial in the Criminal court.
 Judge Coleman took the testimony which amounts to five hundred pages of typewritten manuscript and announced that he would take his time In going over it. As soon as he announces that he Is ready the attorneys will make their pleas before him and he will give his decision as to whether the defendant is to be re- leased on ball.
 Can Have Other Witnesses.
 The admission by both sides of the stem ographc report of the previous trial does not deprive them of the right to intro- duce any additional witnesses that they may desire It will probably be several days before Judge Coleman finishes the evidence, during which time the defen- dant will remain in the county jail, where he has been since the day of the killing.
 The agreement entered into between the attorneys for both sides, which is filed with the clerk of the Circuit court, is as follows:
 The Agreement.
 William Wise-Applicatlon for Ball. Tn this cause 1t is agreed by and be- tween the state of Alabama and William Wise that in the hearing of the habeas corpus, either the state or the said Will liam Wise may use, In lieu of the personal attendance of the witnesses, the steno- graphic report of the testimony of any witnesses who testified on the witness stand in the case of the state of Ala bama vs Glen Havis. recently tried in the Criminal court of Jefferson county, Alabama, and either side may object to same or parts thereof for competency or relevancy. The state will introduce the testimony of Burrel Wilksie on prelimi- nary before Benners J. P. because he was in the Havis case examined only in part and on rebuttal, but either side may introduce any other testimony of witt nesses not examined In said Havis case Each side must proddce it's own witnesses (Signed)
 HARRINGTON P. HEFLIN,
 FRANK s. WHITE,
 "SHUGART & BELL"