The Birmingham age-herald., 1903-11-13


 The hearing of evidence in the trial of William Wise. charged with the murder of Elias M. Lathem, will probably begin this morning. Eleven members of the jury were chosen yesterday with un- usual dispatch and although the twelfth man could not be obtained from a spe- cial venire made for the afternoon ses- sion, it Is felt that he will be agreed upon this morning when court convenes at 9:S0 o'clock.
 The trial of Wise bids fair to excel in public interest that of Glen Havis. who was jointly indicted with Wise for the killing of Lathem. The court room was crowded, many spectators having to stand. Since the choosing of the jury is the least interesting part of the trial. the attendance will without doubt be very large when the attorneys get well into the evidence Various predictions are made as to the length of time that will be consumed in trying the case, but it is pretty generally agreed that it will take more than a week. Some of the most brilliant legal talent in the state is engaged in the trial, which shows the importance that Is att l tached to the ultimate result. The de- l fendant is represented by Captain Frank S. White, Senator Hugh Morrow, Shugart & Bell and A Leo Oberdorfer. The pros- ecution is being conducted by Solicitor H. P Heflin, S. D. Weakley, Judge J. J. NT al | When Wise came into the court room yesterday morning he was warmly greet ed by a number of his friends present At the afternoon session several mem bers of his family were present, as were the members of the family of the de- | ceased.
 Judge D. A. Greene had been on the announced ready. and after consulta- tion with the defendant the counsel for the defense announced ready. The defense introduced a demurrer to l the form of the indictment and a deposi- ton submitted by the defense was or dered published. At the trial of Glen Havis, R. F. Hogan testified that he wit messed the killing, in company with a man named Mitchell, who was in the em- 1 ploy of Phillips and Buttorff of Nashville The deposition introduced was by a mem | Der of the firm and stated that they had l never had such man in their employ.
 Choice of Jury. There was considerable interest in the choice of the jury, and while the state exhausted its five challenges before the venire had been completed. the jurymen | chosen seem to be satisfactory to both sides. The defendant has ten challenges, nine of which have been used and on this account it is felt that there will be little delay in choosing the last man this morn ing. The calling of the venire was as follows
 A. P. Rich was the first number of the venire called. He was excused by the state.
 Fenton Burns was the next name called, and he was the first juryman accepted by both sides. He Is miner and lives in beat 29.
 James H. Hard said his opinion had been fixed from the reading of the pub lished accounts of the case He was ex- cused by the defendant David Rich was excused by the state. F. N. Houppert was excused by the state.
 J. N. Chambers was excused by the court for cause. P. D. Bradford was excused by the court for cause D. R. Davis was excused by the de- fendant.
 J. T. Lynaugh was excused by the de- fendant.
 H. J. Weiss was accepted by both sides. He is an architectural contractor and lives in beat 37.
 J. A. Rollins whs accepted by both sides He Is an employe of the Birming- ham rolling mills. S. E. Jones was also accepted. He is a motorman and lives in beat 10.
 L. A. McMahon was excused for sick ness
 O. W. colgan was excused by the de- fendant.
 N. A. Pool was accepted. He is a miner and lives in beat 3.
 James P. Lally was accepted. He is also miner and lives in beat SS.
 Charles R. McElwain was excused by the state.
 D. G. Richardson was excused by the court.
 D. McLendon was also excused by the court.
 E. c. Adams was excused by the court.
 F. D. Prewitt. excused by the court.
 M. M. Barrett was excused by the de- fendant.
 A. 0. Chapman was excused by the court.
 R. M. Acton, excused by the court.
 J. L. Bullock was accepted. He is a farmer and lives in beat 25
 P. P. Moore. excused by the court.
 J. P. Burns, excused by the state.
 M. E. Casey. excused for sickness.
 J. c. McWilliams was accepted. He