The Birmingham age-herald., 1903-06-25
Defense Closed Their Case
 Yesterday Afternoon MRS. HAVIS GOES ON STAND
Afternoon Session Was Mostly Con sumed By Arguments By the At torneys on objections Made
 to Parts of Testimony.

Mrs E. B. Havis, mother of Glen Havis, was placed on the stand yesterday to tes- tlfy for the defense in the murder trial in progress in the Criminal court in which her son is the defendant.
 At the beginning of the afternoon ses- sion the defense announced that 1t would now close. The only evidence admissible after that was in rebuttal of the testi- mony already given.
 The afternoon was largely consumed by arguments on objections which were car ried on by attorneys from both sides. The crowd in attendance at the trial was prob ably larger yesterday afternoon than on any previous day since the trial began Many of the relatives of the defendant, the co-defendant and the deceased were present.
 An important feature of the morning session was the presentation of the show ing of Mrs. Joe Rubel's testimony and also that of Richard Barton of Montgomery by the defense and neither of them was objected to by the state. Four witnesses were called in person by the defense dur ing the morning before 1t closed, and four were called by the state in rebuttai during the afternoon. The witnesses for the defense were;
 Witnesses for Defense.
 ]. P. Meroney, pharmacist at Reeces drug store, who heard the conversation between the deceased and Mrs Rubel on the morning of the killing.
 William O. Moseley of Decatur who testifed that no such person as J. Il. Mitchell lived at the Bismark hotel In De- catur.
 Mrs. E. B. Havis. mother of the defen- dant who was asked about the general physical condition of her son.
 officer Martin Eagin. who was asked number of questions, but did not answer them because they were objected to by the state
 Witnesses for Rebuttal. The witnesses called for rebuttal testi- mony were:
 Thomas W. Cox who stated that he saw Havls and Wise together at the corner or Nineteenth street and Fourth avenue at 9n5 o'clock on the morning of the killing
 Eari wilksie, elevator boy at the Nor ris hotel who said that he saw something in wise,s hand during the scuffle.
 w F. Bolin took the stand but dld not finish his testimony.
 Jim Vassar who was also stopped be- fore he finished.
 Subpocnas for Witnesses.
 At the beginning of the trial yesterday morning subpoenas for twenty-nine new witnesses for the state were sent out. The morning session was little late in beginning, it being 9:55 when Judge Greene instructed the oailiff to have or- der in the court.
 At the opening the defense asked to be allowed to offer again the testimony of J. P Meroney saying that it thought that the aspect of the case had changed so that it was now admissible. The attor- news for the state asked for conference, and upon their return said they had no objection
 Meroney Testifies. MT. Meroney testified that he had been in Birmingham three years; that he was now in the drug business; that he was employed at Reece's drug store on April IT, 1903; that the drug store was on the first floor and that there were private bedrooms upstairs. He said that Mrs. Ruhsl came there one morning; that isa- them came about half an hour afterward that they spoke together for couple or minutes; that Mrs, Rubel then went out by the rear door; that there was a stair way there leading upstairs; that Lathem went out at the front door and up the front steps with MT. Reece; that Mir Reece came back at once; that Lathem came back in about half an hour, and that he did not see Mrs. Rubel any more that day.
 The witness said that this took place about a week or a week and half be- fore the killing, and that he did not see them meet there again. He also said that Lathem came into the store on the morn ing of the killing at about S:15 o'clock and asked if MT. Reece was there; that when he said he was not that Lathem asked him If he would mind calling Mrs. Rubel up by telephone, saying that the people at the house would know his voice; that he agreed; that someone else an- swered the phone. but that she finally came, and that he turned over the re- ceiver to Lathem.
 Telephone Conversation. He continued, saying that Lathem first words were: You know who this is;" that he then spoke about telegram; that he said he would like very much to see her. Lathem then asked how about the Morris hotel, saying to come by the ladies' entrance to the parlor, and send up her card to room B. and that he would come down. According to the witness Lathem told her that there was some trouble up, and that he wanted to do everything he could to get her out of 1t, as well as himself.
 The witness said that Lathem then wrote his name on a piece of paper, to- gether with the number of his room, and asked the witness to call him by tele- phone in half an hour and tell him his wife was sick in order that he would have an excuse to get away from a man at the hotel with whom he was busy that morn- ing and could meet Mrs. Rubel.
 In answer to questions by the state the witness testified that he was standing very close to Lathem while he was tele- phoning that nothing was said about Illicit relations or about letters, that he told her he had received a telegram say ing there was trouble brewing and that he wanted to find out what the trouble was. that he had come to town to help her out of tito do what was right, that he would like to have her come there and talk to. him about it, and that he did not ask her to come to his private room.
 The witness further testified that Mrs.