The Birmingham age-herald., 1903-09-24
LATHAM ACQUITTED
 ON MURDER CHARGE
Shot and Killed a Negro at
 Virginia Mines
ACTED IN SELF DEFENSE
Evidence Clearly Showed That He Fired to Save His Own Life. Other Interesting News
 City of Bessemer.

Bessemer. September 23.-(Special)-M J. Latham, charged with killing Will Smith, a negro, at Virginia mines last Saturday night. was acgu4sted at his preliminary trial this afternoon before Justice of the Peace Daniel w. Houston of Jonesboro Beat No. 9
 The trial was in progress for about two hours. The defendant only introduced one witness, while the state introduced several. All the testimony showed plainly that Latham did the killing in self de- fense. The state was represented by w. S. Welch and the defendant by Attorney Davidson
 The trouble that lead up to the killing began Saturday night when several drunken negroes jumped on MT. Lathem, who is ex-sheriff of Bibb county and grade foreman of the coke ovens at the mines, and beat him rather badly. He finally managed to break away from the drunken brutes and went to his house and secured a shotgun. When he reached the quarters several negroes ran out and opened fire on him. He returned the fire, mortally wounding Smith, who died later, and wounding another negro. He was ar rested by Deputy Sheriff Fountain and carried to the county Jail and today was carried to Jonesboro, where he was tried and acquitted.
 Mack Albrook, who was charged with assault on MT. Lathem at the time the killing occurred Saturday night, was ac- quilted by Judge Houston for lack of evidence, there being no one appearing to prosecute him.
 Deputy Sheriff Fountain received eight warrants today for several Jonesboro law breakers and went this evening to arrest them. Four of these were charged with burglary and larceny two with as- sault and battery, one for abusive lan- guage and one for public drunkenness.
 Ed Moore, colored, was brought before Mayor Huey this morning on the charge of carrying a concealed weapon and gambling. He was fined $25 in the first case and $5 in the second.
 It is claimed that some of the work done by the city council at the meeting last night was unconstitutional It Is stated that under the constitution, the resolution to decrease the mayors sal- ary and the election of an unqualified elector to the position of city attorney will not hold.
 Another techncality trat was found in the work last night, is that in reducing the mayors and clerks salaries the coun- cil failed to mention the fees, that under the code, they are entitled to. By this oversight, the salaries of the officers are increased instead of decreased. It seems to be the general opinion that the hon. orable body let its enthusiasm run away with its judgment.
 The Bessemer negroes are working Tn the interest of the state fair. Last night they held a meeting in the office of Prof. w. l.. Council, one of the leading negroes in this district. and it was decided to go to work in earnest in behalf of the negro department at the state fair.
 Social and Personal.
 Mayor Huey Alderman ". H. Dennis. w. A Simmons, J. J. Collins and R. B. Ragsdale left this afternoon for Mobile, where they will spent week fishing.
 Fred l.. Seaman of Atlanta, is register ed at the Grand.
 Mrs w. Stewart is visiting relatives in Mississippi this week.
 Walter K. Smith has gone to Eutaw on a business trip.
 James Hendon of Collinsvile, Is stop ping at the Grand.
 Col. A. Draher of Cullman Is in Besse- mer today, looking after his business in- terests.
 H. S. Farley, a representative of Brad street was in the city yesterday on busi- ness.
 w T. Tatum and w. c. Rauch of Att lanta, are in the city today.
 Charles Howard of Chattanooga, is in the city looking after some business mat terS.