The Birmingham age-herald., 1903-11-22
FATE OF NM, WISE RESTS WITH JURY No Verdict Reached at Late
 Hour Last Night FRIENDS ARE IN SUSPENSE Although Thls Is Sunday, Verdict Can Be Rendered at Any Time
 During the Day-Differ.
 ences of Opinion.
FRIENDS ARE IN SUSPENSE

The famous case of William Wise, which has been on trial in the criminal court for the past ten days, went to. the jury last night at 9:10 o'clock. At Il o'clock the jurymen retired for the night without having reached B verdict.
 Mrs. William Delheim and Miss Wise. sisters of the defendant, together with other relatives and friends, remained in the court room last night until the jury was taken away by the baliffs for .fhe night. All of the defendants s friends were torn by conflicting emotions and the sus- pense has visibly affected the women who have so faithfully attended every session during the progress of the trial.
 Of course there was much speculation about the court house last night as to what the verdict would be and opinions varied widely. The interest in the result Is immense as was manifested by the large number of people in the court room and about the court house all day yesterday and especially during the afternoon as the hour drew near when the case was to go to the jury.
 Solicitor Hefiin Closes. s,
 Solicitor H. P. Heflin for the state closed the arguments during the afternoon, and following his speech Judge D. A. Greene delivered his charge to the jury. Capt. F. S. White finished his argument. for the defendant during the morning and the morning sesison was adjourned early and court was reconvened at 1 o'clock in order to get through during the day if possible
 At o'clock, when the court had finish- ed reading the written charges. the defen- dant announced that several exceptions would be taken to the charge of the judge to the jury. On that account a night session had to be held, at which time the case was formally given to the Jury.
 Although this is Sunday the jury can bring in a verdict today if one is reached, and it is pretty generally felt that Will liam Wise will know his fate before the day Is over
 When Capt. White arose yesterday to make the last remarks to be made by a member of the defendants counsel he said:
 Captain White Concludes.
 "when I stopped yesterday I was dis cussing the question of conspiracy. I was trying to show that without the billy there is absolutely no ground for conspir- acy, and wanted to impress on your minds the fact that two negroes were the only ones who saw the weapon in Wise's hand, and five white men who were looking right at the fight did not see il"
 Captain White devoted considerable time to the circumstances of the mems going to the hotel to show that they could not have arranged it beforehand. He laid much emphasis on the fact that a conversation over an hour long was car ried on in the lobby where everybody could see the three men, saying that men who had plotted to kill did not do that way.
 He laid great stress on the fact that Lathem must have had his pistol in his hand when he was shot, for he could not have drawn it with the bullet lodged in the muscles of his right arm. He main- tained that 1t was the first shot that took effect, because Lathem was still turned toward Wise, hence the bullet en- tered the left side and ranged through the body to the muscles under the right arm.
 Solicitor HefIin.
 Solicitor Fl. P. Hefiin, for the state, began his closing argument at the open ing of the afternoon session at 1 o'clock. He said:
 My position in this case, gentlemen of the jury, Is not like that of the other att torneys in this case my position Is more like yours. I get my pay whether this man Is convicted or not. It Is not the duty of the solicitor, as Captain White said, to convict a man. It Is his duty to convict the guilty and protect the inno- cent-to see that justice is done. Many a time since have been solicitor have stated to juries that did not believe the state had made out a case and did not