The Montgomery advertiser., 1903-04-25
The News of Birmingham

Birmingham. April 2.-(SpeciaI.)-fne Glen Havis. charged with the murder of Elias M. La.hem, who was shot and killed in the lobby of the Morris Hotel on Friday morning last. came to a con- clusion this morning. Justice Benners ans nounced that he would announce his de- cision next Tuesday morning. The reason of this delay was that, the testimony taken must be transcribed and signed by the witnesses. Another large crowd was present today to hear the proceedings of the case. Among those in attendance was the brothers ot the dead man. Havis of Wise was with his son in court.
 The State concluded its testimony with the evidence of pr. W. P. McAdory. County Physician, who told of the au- soSea soPny on ,s the 6oay 0 bcS He d mans death. The defense presented but one witness, s. H. Hamilton. janitor of the Court House. He was asked If he received telephone message the day of the tragedy, the purpose being to show that the accused sent a message to the Sheriffs office asking to be arrested. This was objected to and the evidence was ruled out. The defense. then closed.
 Attorney s. D. Weakley opened the evidence, to his mind, showed very clear ly that the defendants had gone to the Morris Hotel for the purpose of engaging in an alteration with the deceased and with the intention of killing him if neces- sary. He called attention to the manner in which the defendants were armed. one with slung-shot, and the other with a revolver. They assaulted him. he said. one with slung-shot and the other with his fist. The deadly purpose" of the defendants, or one of them. was shown by the presentation of a pistol by Havis to MT. Clifford because the latter was endeavoring to stop the difficulty.
 He said. that Mir. Lathem was beaten and stunned. and was staggering away in a dazed condition when he was shot by Havis, Wise looking on quietly. He said that the evidence clearly showed a conspiracy, as it was with the weapon of the highwayman or robber. that one of the "conspirators'' went to the hotel He believed that the presumption was great that both were guilty of an assassination. He said that they did not stand as .n- but that they slipped away" to the Florence Hotel and appeared to be in the pursuit of their usual business. deny ing any knowledge of the affair. This Is crime. He said that it was clear that the defendants were not entitled to bail.
 Attorney Robert Bell opened the argu- ments for the defendants. He said that defendants went to the hotel together or were together until Havis came down. stairs. He said that the evidence showed that the defendants were there talking
 to the deceased. that they were in a remonstrated with them. He said that
 the logical conclusion was that Lathem
 was making the disturbance as he was
 the one who apologized. Is the case one in which the killing was done wilfully and premeditatedly? That is the question before us"
 Attorney Bell said that the slung shot
 was weapon made to save life, to strike a man and not kill him. and the con cluslon was that he did not intend killing MT. La.hem. He called attention to the evidence bearing upon the pistol founo
 under Lathem, saying that there was evidence to show that he moved his hand back toward his hip pocket before he was shot. He said that If the men had formed a conspiracy 10 kill Latham they would not have gone to public hotel,
 where they would be surroundea py They had a right to go there on matter of business or to settle dispute.
 He argued that the case could not be
 one of murder in the first degree. ana ants were entitled to bail He said that there was no evidence of ill will before hand and no evidence as to who started the difficulty. He believed that they were entitled to bail.
 Attorney Hugh Morrow. for the defen- dants, argued first the~conspiracy charge asking. Where is the evidence of a con, spiraey?' He said that he felt sure that Mr Weakley drew on his imas1natioI when he said there was conspiracy and that they went to the hotel together He called attention, also, to the pistol car ried by Lathem and said that if the ac' c,sed Havis, was to be censured for go. ing there with revolver. the deceased was to be equally consured for doing SO The speaker referred to the testimony of the witnesses, pointing out what he termed conflicts. He said that the con duet of Wise in the matter did not war
 rant his being held on the charge gsS of mur, lnr der Wise he said, was not called upon to run between two men. both armed
 with pistols, and both in the act of draw
 fine evidence. said MT. Morrow. must show that there was a conspiracy.
 The fact that Havis used his list in the n, eliminary fight was pointed to by MT Morrow that no conspiracy existed to XII the defendant He said that Havis used his fist until Lathem started to draw ms pistol. Havis, he said, did not draw ms pistol to take the life of Lathem in the
 first place. but when Burt Clifford caught him in such rude way. There IS not n ,.,;tpore h, tho case" he said. to show