The Birmingham age-herald., 1903-11-14
After Jury is Completed Defen- dant Enters a Simple Plea
 of Not Guilty
SEVERAL NEW INTERESTING
 FACTS ARE BROUGHT OUT
Bert Clifford Says Both Wise and Havls Were Beating Lathem on
 Back When He First Tried to
 Stop Them-several Testify.

The hearing of evidence in the trial of William Wise was begun shortly be- fore 10:3O o'clock yesterday morning. ". F. Caffee, a pattern maker, was accept ed by the defendant as juryman, which completed the jury for the trial of the cause.
 Five witnesses were examined during the day and wfile there were none who did not testify in the trial of Glen Havis, several new and interesting aspects were lent to the killing of Elias M. Lathem in the Morris hotel lobby last April for which the defendant was indicted. | As usual there was a large crowd Of spectators. A number of the members of i Wise's family were present, but Mrs. Will 1 liam Wise, his wife. was absent because of the sickness of her child. The relatives of the deceased were also present
 Judge D. A. Greene, before whom the case is being tried, stated at the ad- i journment of court last night that the sessions would begin promptly at 9;SO o'clock, continue not later than 12:25, be- l gin again at and adjourn for the day at o'clock during the progress of the trial
 Judge J. J. Banks is conducting the examination of witnesses for the state and Captain F. S. White for the defen- dant. assisted by Hugh Morrow.
 Special Venlre.
 At the opening of court for the day the first name on the special venire was call ed and the court proceeded with the se- lection of the twelfth juryman The names were called and disposed of as fol- lows:
 C. w. venable was the first man called in the mornings venire. He was excused by the court.
 J. II. Barr was excused by the court.
 Ed. P Montgomery was excused by the court
 V. F. Caffee pattern maker who lives ! at 5i4 N. Ninenteenth street, was accept ed by the defendant and the jury was completed at 10 o'clock.
 All the witnesses in the case were called inside the court room and sworn, after which they were placed under the rule and required to leave the court room. w. H. Morris, father-in-law Of the deceased, was excluded from the rule and allowed to remain. After short consultation the attorneys asked to have Bert Clifford called.
 Solicitor H. P. Heflin read the indict- ment to the jury. The indictment charged that Glen Havis, alias Hawkeye, ano William Wise did unlawfully and with malice aforethought take the life of Elias M. Lathem.
 Capt. F. S. White for the defendant en- tered a plea of not guilty.
 Bert Clifford.
 Bert Clifford was examined by Judge J. J. Banks for the state, and testified that he was cashier at the Morris hotel and that he was in the private office of the hotel on the day of the killing He gave a detailed description of the location and arrangement of the hotel, giving the posi- tions of various entrances and offices in the lobby. where the killing took place. He said that he saw William Wise in the lobby on the day of the killing with Glen Havis and Elias Lathem. and that
 
 window of the private office. He said they were there about three-quarters of an hour that he heard them cursing, that he touched Lathem on the shoulder and told them they would have to stop, that Lathem said, q beg your pardon" and that he heard Lathem later say several different times, T want to do the right l thing. I want to be a man.
 He said his attention was next attract ed by scufhing and that he heard Latin ems glasses fall and break He said when he looked up Lathem was stopped over. that Wise was beating him on top of the head and that Havis was striking him from below. He said the men were striking as hard blows as they could, that he left the private office, caught Havis and threw him back toward the check room; that Havis then drew a pistol and pointed 1t at him and that he ran around into the front office. calling to the clerk to bring a gun; that just as he got into the private office he heard three pistol shots and heard some one say, Tt is all over"
 In the Barroom.
 He testified further that he then went into the bar room where Lathem was lying on the floor; he said that Lathem was virtually dead, and that there was a pistol under him; that as he went into the bar room he picked up a leather pouch or black jack from the floor near where the men had been scuffing and dropped it back on the floor; that during the scuf- fe he could not tell whether any of the men had anything in their hands or not. He said that Lathem was a guest at the hotel and that he occupied room 57.
 In reply to the cross-examination of Capt F. s. White, MT. Clifford testified that he did not know MT. Lathem except by sight and that he was not a regular guest; that he did not see Wise shoot Lathem or attempt to shoot him. and 1 that he did not see him have a pistol: that he did not hear much of the conver- sation of the men and did not know whether Wise was pleading for letters Lathem had from Wise's sister or not. He testified as to the position of Lath- ems body when he saw it, saying that 1t was just inside the door of the bar room leading from the toilet room. that his head was toward the toilet room and his feet toward Nineteenth street. and that