The Birmingham age-herald., 1903-06-21
Eight Witnesses Heard Yester- day in Trial of HaVis R. [, HOGAN GIVES TESTIMONY J. H. Lynch Stated on the Stand That Lathem Was Reaching for Hip
 Pocket While Wise Was
 Beating Him.

In the murder trial of Glen Havis which is in progress before Judge s. E. Greene at the Criminal court, J. H. Lynch testified yesterday that he saw the deceased Elias M. Lathem with his hand near his hip pocket during the seuffle with wm. Wise and R. L. Hogan testified that he was three feet behind Lathem when the first shot was fired.
 c. B. Cross while on the witness stand stated that he shook hands with his old friend Elias NJ Lathem five minutes be- fore he heard shots fired around the cor ridor.
 The state has brought out some strong points. but the cross-examinations of tho defense. led by Capt F. s. White, have been very severe. While the crowd of spectators yesterday morning was hard ly as large as on previous days the court room was well filled during most of the day.
 Mrs. Wm Wise, Miss Wise and Mir. and Mrs. B. B. Havis sat near the defendant all day. wm. Wise. the co-defendant, was not present. He is excluded on the ground that the cases have been severed and that he is simply witness in the one now on trial
 The father of the deceased was placed on the, stand during the afternoon. Eight witnesses were examined during the day. They were:
 The Witnesses.
 J. H. Lynch, who was at the hotel counter at the time of the shooting. I c. B. Cross. who was schoolmate of Lathem and shook hands with the de- ceased five minutes before his death. He was also at the counter.
 W. W. Morrison, janitor at the chali- foux building. who saw Havis come from the Morris hotel with revolver in his hand.
 Officer R. J. Given, who picked up the pistol from under Lathem's body, and who in company with Captain Johnson arrested Havis.
 John E. T. Lathem. father of the de- ceased.
 J. w. Donovan, newspaper reporter, who interviewed Havis soon after the shooting.
 A. B. Freeman, clerk at the Morris hotel, who assigned Elias M. Lathem to room 57 on the night of April 1e, 1903.
 R. L. Hogan, who. was coming from the wash room at the Morris hotel when the first shot was fired. He testified that he felt the force of the powder on his face.
 l Promptly at $40 o'clock yesterday morning court was called to order, the 1 jury. most of them with four-days' growth of beard. was brought in, and J. H. Lynch was the first witness called. 1 All the witnesses during the day were called by the state, and were first ex- amined by Judge J. J. Banks of the pros ecution, and later by Capt. r. .. White l of the defense.
 Lynch Testlfies. l MT. Lynch testified that he was en- 1 gagged in the insurance business; that he had been in Birmingham five years; that he was in the hotel when Lathem was killed and that he saw Clifford throw Havis across the hall, and saw Havis pull pistol on him. He said that the pistol was pointed toward Clifford, and that 1 Clifford was running toward him, and that he followed Clifford behind the counter of the public ofrice. He said that when he got behind the counter he heard three shots fired in suc- l cession, that Havss was between the book keepers office and the barber shop door, 1 that when he saw the parties Wise and Lathem were fighting; that Lathem was stopped over and that Wise had his right 1 arm as though in the act of striking the deceased; that the last he saw of them 1 they were opposite the barber shop door.
 He testified that he saw Lathem lying l on the floor afterward and that he was l dying; that his head was toward wash 1 room door and his feet toward Nineteenth street: that when he got there Lathem was slowly turning over; that he was lying on his left side when he first saw him: that he saw pistol under his 1 breast; that Lathem's left hand was under his body and his right hand near the pistol.
 He added that he didn't see Havis or l Wise after the shooting, that the barrel I of the pistol under the deceased was pointing toward the bar and that he heard | Havis say, "Ill shoot you" as Clifford was running.
 When he was turned over to the defense | MT Lynch said that he was in the hotel getting his mail; that when he first be- came aware of the difficulty he was start l ing around the corner to go inside; that | Clifford went directly behind the counter; that the elevator was to Cliford's front and right. He said he didn't see who fired the shots and that during the quar- 1 rel he did not see a man working at his hip pocket.
 Captain White referred to former con- versation between himself and the witness and asked if the witness had not told him differently before.
 What He Told capatin White.
 "I told you. MT. White" said the wit ness. that Lathem's right side was to- ward me; that the raised position of his hand seemed to me to indicate that he was trying to draw pistol. and that 1t was during the scuffle, while the other man was striking him. He testified further that he didn't see | clifford slide up to the elevator, and that | he was quite cure Clifford didn't go up to the post. He said he went immediately 1 to the sbarroom after the shooting. that l no one was near Lathem. that the em- ployes were in their usual places and were