The Birmingham age-herald., 1903-06-24

suited and mistreated as she had been In the past; that Lathem then struck at him and they clinched; that Havis rush. ed in to separate them and that Lathem struck him; that Havis got Lathem around the neck and began striking him; that he himself struck Lathem two or
 three times He said that Clifford then came out and threw Havis to one side;
 that he himself caught Lathem around the body for he knew he had a pistol;
 that Lathem had the pistol right against
 his stomach and said "D-n you, I'll shoot you" that he then heard some one say, Don't shoot;" that Lathem then
 turned his gun on Havis and he heard the shots.
 He testified further that he did not know at that time who threw Havis
 away; that he didn't hear anyone say,
 Give me my gum that Havis heard the
 greatest part of their conversations; that
 he was within three or four feet of them
 during the last part, and that he was not
 more than five feet away at any time. He said that he did not strike Lathem with anything else than his first; that l he had no weapon with him and that he never carried one.
 | He said that the conversation was quite a lengthy one; that he did not know the exact length of time 1t consumed; that he had lived in Birmingham since 1880; that he was only boy when he came to the city, and that he went to school to Judge s. D. Greene.
 He said that Lathem lived just across the street from Mrs. Rubel on Fourth avenue, between Sixteenth and Seven teenth streets and that he himself lived two doors from Mrs. Rubel on the oppo- site side of the street from Lathems.
 He said that he had rooms in the house adtoining Mrs Rubels but that he board
 ed with his mother. He also testified that he did not know whether Havis and La them were on friendly terms or not and that they had both lived In town for 8
 number of years. State Examiners. At this point the state took up the ex- | animation and the witness testified that | he did not hear the rattle of shot on the | floor during the scuffle; that he did not
 see shot fall on the floor; that he did not | see the piece of leather lying on the floor
 which was presented in court: that he
 never struck Lathem with such a weapon; | that this was the first time he had ever | testified In this case. He said that he did
 not see anyone have the weapon which
 was presented in court that he had | known Havis for several years; that he | was around his place of business good
 deal and that he saw him in there some | time or other every day.
 He said that he gave the elevator boy 15 cents to go up stairs in the hotel and
 tell Havis to come down; that he waited | for Lathem to come out of the office that when he addressed Lathem he did not say | anything; that they walked toward Nine teenth street together; that Havis follow ed them and that at no time during the conversation did Lathem say, "If l have done anything wrong I want to apolo- :! gize."
 1 He said that Havis was no relative of
 his nor of Mrs Rubel but simply frieno of the family.
 The witness testified that Lathem had
 something in his hand when he struck | him; that he couldn't see what it was; that he himself struck Lathem perhaps l six times; that Havis never hit Lathem while the witness was clinching that