The Birmingham age-herald., 1903-04-19
Third Arrest in the Lathen
 Shooting Case
4 MEDITERRANEAN OF WISE
The RubeI Family Lived Just Across the Street From the Lathems and
 They Were Considered the Best of Friends.

Joseph Rubel, brother-in-law of William Wise, was yesterday arrested on a war rant charging him with being an access sorry to the killing of Elias M. Lathen, which occurred Friday morning In the lobby of the Morris hotel. Wise and Glen Havis are already in jail on war rants charging them with murder.
 The warrant was sworn out before Judge Samuel E. Greene of the Criminal court yesterday morning by Coroner ". D. Paris. and the wording of the charge is ''unlawfully and with malice afore- thought killed Elias Lathem by shooting him with a pistol" It is returnable inc stanter before Justice of the Peace I. H. Benners.
 Rubel was taken first to the office of his attorney, Leo Oberdorfer, and then to the county jail, where he was placed in a cell near w SC and Havis. He re- fuses to make 9 statement of any kind, and is acting he advice of his attor- neys.
 Rubel is general manager of the saloon in which he was arrested, and married Miss Bernice Wise a sister of the man in jail. He Seemed to be collected when arrested and showed no signs of surprise. The arrest was not surprise.
 Rubel and his wife live on Fourth avenue, between Sixteenth and Seven teenth streets. Their house is nearly op- posite that of Lathem.
 Families Are Intimate.
 The families have been very intimate for long time and were considered the closest of friends. Only short time ago Lathem and his wife sat up one night with the remains of Benny Wise, and since that time Wise and Lathem have been seen together, evidently on friendly terms.
 It is probable that Mrs. Rubel will be among those summoned during the in vestigation. Exactly the relation ssf her husband to the affair has not been given out by the authorities, as he was found in his place of business short time af- ter the shooting occurree. It is claimed by the prosecution that they can prove that Rubel was in the Morris hotel bar room at the time of the conversation be- tween Wise, Havis and Lathem in the lobby, and that he left only about two minutes before the shooting took place. It is stated, however, that Rubel can prove an alibi.
 The arrest of Rube1 is considered by those who are watching the case to indi- cate that the Investigation of the coroner
 
 ing and the wording of the warrant he swore out against Rubel is also taken as a confirmation of that belief.
 The money found in Havis pockets will probably prove an interesting and important feature of the investigation.
 Woman in the Case.
 Besides the arrest of Rubel there were no developments in the case yesterday except that 1t Is generally admitted by the authorities that there is a woman in the case. Her name has never been used officially.
 Yesterday morning Coroner Paris fur ther examined Bert Clifford, Jim Vasser, the boot black, and Burl Wilksia, the elevator boy. The eveidence he secured from them is said to have been practical ly the same as that obtained in the state ments made to the press yesterday. The preparations for investigation before the grand jury are about finished, and it is probable that the case will be again taken up the first thing to- morrow morning. Some witnesses have already been examined. The jury has been kept informed fully on all the details of the affair up to the present minute, and when the investigation begins it is probable there will be about twenty-five or thirty witnesses summoned before 1t. A number have already received their
  shortly.
 Telegram May Figure in Trial.
 What may develop into feature of the case was the telegram found among the effects of the dead man yesterday morn ing by Coroner Paris. The telegram was from Mrs. Elias M. Lathem to her hus- band and was addressed to him at hotel in Opelika. The telegram was as follows; "She came at o'clock. Refused to see her. Tried to come in anyhow, but could not. Went away excited Answer" The date of the telegram was April 15.
 point being raised by the defense Is that shortly after the affair Friday morn- ing Chief Deputy Sheriff Stradford re- ceived a telephone message that some thing had happened at the Morris hotel, and that the parties were ready to givr themselves up. No names were given, and a deputy was sent to the hotel, but failed to find the two men. Later sec ond telephone message was received stat ing that some one had been killed.
 Yesterday a bottle of whiskey and some cigarettes, the latter containing opium, were sent to the jail for the prisoners. but It was not given them, and was locked in the safe at the sheriffs office for safe keeping.
 The prosecution will probably be rep resented in court by Selheimer and Banks 
 of the attorneys for the defense have al ready been given.
 Funeral Arrangements.
 Relatives of the family of the deceased are coming to the city to attend the fu- neral which takes place this afternoon at o'clock from the Cumberland Pres byterian church. The interment will be in Oak Hill cemetery. The Rev. I. D. Steele will conduct the services.
 The pall-bearers will be:
 Active-C. E. Abraham, H. W. English, c. M. Tardy, c. G. Brantley, A W. Smith, A. M Wallace, John H. Atkins, c. D. Gillian.
 Honorary-Dr. J. E. Frazier, pr. J. W. Hughes, Dr. George M Morrow, Henry B. Gray, Captain F. P. O'Brien. Henry Badham, B. B. Martin, James Downey. At the special request of the local lodge of the Order of the United Commercial Travellers of America. of which order Mir. Lathem was a highly respected and hon ored member. the funeral services will be entirely in charge of and under the direc- ton of the said order.