The Birmingham age-herald., 1903-06-20

c. l.. Huey.
 w. J. Gibbs.
 E. C. Brown.
 T. s. Price.
 H. B. Ketchum.
 J. C. Harbin.
 Mir. Harbin is car inspector for the Louisville and Nashville railroad
 The courtroom was crowded yesterday the spectators including many lawyers not directly interested In the case, but who are listening to 1t because of the large number of unusual legal points that are being brought up
 Mrs. steinau. sister of William Wise the co-defendant, and Mrs A. Wise were present for short time during the morn ing. MT. and Mrs. E. B. Havs, parents of the defendant were in the courtroom all day occupying seats near their son. The prisoner sits directly behind his coun- sel and Is in frequent consultatl ton with them. He smokes cigarettes during recess usually, but yesterday afternoon be kept an unlighted cigar in his mouth during the course of the trial
 After the Jury had been chosen Judge Greene ordered some changes made in the arrangement of the tables and chairs in order to give the witnesses more room. One electric fan runs on the bench and another on top of the prisoners cage and these make the courtroom much more comfortable
 Oath Administered.
 The witnesses for both sides were all called forward and given the oath. They were then put under the rule and in- strUcted to keep out of the courtroom until called. to talk to no one about the case and not to read the newspapers
 William Wise is simply witness in the Glen Havis case, now on trial, and the defense made the special request that he be allowed to remain In the court room as his presence was necessary to the counsel for the defense. The state ob- jected and was sustained and Wise was taken back to jail. The parents of the defendant were allowed to remain.
 A question arose over whether the reIa- tives of the deceased should go or stay, and they were finally permitted to be present. The relatives of Elias M @@dAilCAh NliO we're pIeSeHl WeTes U. D- E4. Lathem, his father, and Dr. Mansfield Lathem and W. D. Lathem, his brothers.
 The defense at this point asked to see the solicitors notes to the grand jury. which was refused
 Solicitor H. P Hehin read to the jury the indictment of the grand jury. It charges that Glen Havis, alias Hawkeye, and William Wise unlawfully and with malice aforethought killed Elias M. Lathem, and makes the specific charge of murder in the first degree.
 The defense. through Attorney Robert N. Bell entered plea of not guilty.
 First Witness.
 The first witness called was pr. w. P. McAdory, assistant county physician. He was first examined by Solicitor lief lin. He testified that he knew Elias M. Lathem; that MT. Lathem was now dead; that he performed an autopsy over the body on April 17 and that the de- ceased was killed by a pistol shot. He said that the bullet entered four inches to the left of the mid-line of the body and one and a half inches below the collar bone; that the bullet did not come out; that he extracted the bullet from the long head of the triceps muscle of the right arm; that the bullet ranged from left to right; that it broke the second rib, lacerated the upper part of the left lung, punctured the upper part of the right lung and cut the artery that supplies the right side of the body with blood
 Asked about other wounds on the body, the witness said that there were two blue spots near the temples on each side of the head, which seemed to have been caused by a bruise, the skin was not broken. He said he made the examina- tion between 1 and 2 o'clock, and did not know exactly how long the man had been dead. He said he gave the bullet to Judge Banks at the preliminary trial.
 The defense excused the witness with out ross-examination.
 Clifford Testifes.
 Bert Clifford was called next and he ia considered a very important witness, in- asmuch as he was in such close proximity to the men at the time of the killing.
 He was examined by the state through Judge J. J. Banks. He testified that he was in the private office of the Morris hotel on the morning of April IT, that he first saw Glen Havis at the pay window about 9;30 o'clock and that Will liam Wise and F. M. Lathem were with him. He said that at first they were simply talking; that Lathem was nearest the grill work of the office window, that Wises' back was to the barber shop door. that Havis back was toward the toilet room door and that the three were close together. He said that they were about five feet from the window, that he finally heard them eursII and reached