The Birmingham age-herald., 1903-06-27

Waite, propr1etor5 or the EaSonVlle creamery. MT. Waite has had consider able experience in similar lines of work in some of the department offices in Washington.
 o4e-4-@-S-s-@-&4-e-s- M. Lathem and his wife and William Wise and his sister Suppose a girl you had known a long while should come to you and tell you that her brother had gone to the hotel and asked you to go also to see that he didn't get Into trouble. Would you go?
 "IIavis only spoke once during that conversation and received an oath in re- ply. If he had gone there to kill he would have done 1t at once. The undisputed evil dence shows that when they fought Glen ! Havis tried to separate them. Does that make him bloodhound, an assassin and i a butcher?
 Afternoon Session.
 The morning session was adjourned at this point and the announcement made that court would reconvene at ? o'clock. At that hour MT. Morrow resumed his ar gument He carried on the discussion of the relative value of the testimony of Capt. White and of Tom Cox, which had been touched upon before dinner, asking why Cox should ever have gone to Captain White at all unless he wanted money not to testify. In answer to the argument of a conspiracy MT Morrow asked them to explain why Clifford said the men talked together for a long time in the lobby if 1t was a conspiracy.
 MT. Morrow then took up the testimony of Hogan, characterizing him as the man who had an engagement to meet a man who afterward turned out to be woman and whom Jim Vassar says didn't pass in front of him at the door of the washroom. After Hogan he considered the testimony of MT. Lynch, saying that he was just about as good witness for the defendant in the case as for the state.
 "Who stood the examination better than Steve Askew?' said Mir Morrow Mir. Weakley got some things out of him on cross-examination that he didn't want too. Did you notice that? There Is not a witness in this case that said Askew was not there, and there is not one who said Dyar was there. Dyar claims Clerk Carter was handing him a letter at the time his attention was attracted to the fight Why didn't they put Carter on the stand to show that Dyar was there? It was be- cause they were afraid to- They knew what would happen
 There is not a man on this Jury that will say that Wise had no right to go to that hotel, and there Is not one of you that would have been half as patient as Wise was. William Wise begged and pleaded for an hour and a half for the happiness of his sister and her four little girls.
 "The state wants you to believe that Lathem drew his pistol after he was shot. Didn't Dr. McAdory tell you that the ball entered the left side went through the top of both lungs, cut the artery supplying the right side of the body and lodged in the muscle of his right arm? Could he have drawn a pistol after his arm was paralysed by having the supply of blood cut off from It?
 Cross Testimony.
 "The testimony of Cross don't show that he was impressed with the belief that his old schoolmate was about to be murdered as he passed along in the corridor and shook hands with Lathem.
 "Gentlemen of the jury, there Is no evil dence of conspiracy fin this case. For a long time circumstances had been bringing on that fateful day of the killing. I cannot conceive. gentlemen of the jury why Lathem was unwilling to give back the letters. cannot conceive what evil spirit prompted his actions; I cannot con- ceive why he should have refused to go before Mrs Rubel when Wise told him iO Nohia PAOfS tiat 6tiC lldu LlO lebltTS Ol his.
 Mir. Morrow finished his argument at 3:20 o'clock, which had lasted exactly three hours. He was followed by Samuel D. Weakley for the state, who did not finish but will resume at the opening of court this morning at o'clock.
 MT. Weakey.
 Mir. Weakley said in part:
 t'It now bpoOmes my diffU eraptIot,oav. of the jury, to present to you this case as I understand 1t, in answer to the careful and able speech to which you have Just listened l noticed you followed him with great interest, and l, too, was interested. I wanted to know what reason a lawyer practicing at this bar could offer to show why this defendant should be turned loose.
 When man loses his life by violence the inexorable decree of the law is that the man who takes that life shall suffer the penalty prescribed, unless he does 1t in defense of his own person.
 'I am not going to allow the case of Cox vs. White to be submitted to you if l can help 1t. l am here to prosecute Glen Havis-the man that shook hands with Lathem when he got off the elevator and called him Elias.
 T believe that I can show you that Lathem died without ever knowing that Havis was going to kill him-died while he was not even looking at his slayers
 Did Lathem tell Mrs. Rubel all this lying rot, as set forth in this showing? MT. Meroney, who heard the conversation, tells you that this showing Is not true.
 "Gentlemen of the jury when you con slider difficulty you must take Into con sderation the mental and physical atti- tude of the parties to 1t in the beginning What was Lathem's attitude? He was the motives and feelings of Wise and Havis. Wise said I want no excuses, sir. He wanted trouble from the very begin hing
 Not a Boy.
 MT. Morrow calls the defendant a boy. haven't heard any testimony that shows he is a boy. He was old enough to own a pistol and a slung shot. He was old enough to be around Wise's saloon at 12 o'clock at night. He was old enough to know what he was doing.
 The indictment charges murder in the first degree. Mir. Morrow emphasized reconciliation and deliberation as defin- ing murder in the first degree. and that therefore your verdict must be something less than murder in the first degree"
 MT. Weakley quoted some opinions from the l17th Alabama cases at this point to show just what constitutes murder in the first degree, continuing he said:
 Gentlemen of the jury, not one attack has been made on the character of Bert Clifford by the defense and I know you are going to believe him as far as his evidence goes in the case. realize, gem fIeman in making my argument that I