The Birmingham age-herald., 1903-11-19
Captain White Hears Remark.

ee-s-~~<-s-s-e-e-e-e- -e-e-e-&A->>->%4N<A that he didn't care whether he was able to do much or not, because Lathem had struck him first.
 He said that he went to the hotel with a ranking feeling in his heart toward Lathem because of what his sister just told him; that he did not know anything about letters written previously except that the families were very intimate and that he had seen Mrs. Lathem take notes to MT. Lathem written by Mrs. Rubel, that before the trouble he was or inti- mate terms with Glen Havis and that Havis made the saloon his headquarters and was in the habit of coming in prae- tically every day.
 At the afternoon session the crossex- animation of MT. Wise was continued by the state. The witness testified he had not seen Lathem for several months previous to the day of the killing; that when he was striking Lathem during the fight he hit him as hard as he could that his hands were sore from it for a good long time afterward.
 Havis and Mrs. Rubel SchooImates.
 The witness testified that Glen Havis and Mrs. Rubel were schoolmates; that when Lathem showed him the pistol he said he was carrying it for his father in-law; that when he called ur the sheriff's office he told them young man there who had had shooting scrape wanted to give himself up and that the young man he referred to was Glen Havis; that in the conversation at the Morris Lathem did not deny the charges made about menacing Mrs. Rubel.
 Col. J. F. B. Jackson Called.
 Col J. F. B. Jackson was called and went on the stand. He was asked by the defense about his knowledge of the truth and veracity of the defendant and whether he would believe him on oath. The questions were objected to by the state and the objection was sustained by the court, whereupon the defense said they would not introduce all of their char acter witnesses, but wanted 1t to go on the record that they were willing to put them all up.
 Thomas O'Hara was called and testified that the general character and the repu- tation of MT. Wise for peace and quietude were good. Several other witnesses were then called who testified that the general moral character of MT. Wise was good among them being Officer Baker and Officer Culpepper. John G. Bradley, clerk of the Criminal court testified that he went to school with William Wise and was in the same class and that his gen. eral moral character had always been good. Mr Sommer also testified to the good character of the defendant.
 l.. w. Friedman, reporter for the Bir- mingham News, testified that he went to the Florence hotel bar with J. w. Dono- van and that when they asked him about the killing he said he had nothing to say; that the question asked was, What could you tell us about this killing" and that Wise said he had nothing to say. A. B. Freeman testified that he was clerk at the Morris hotel on April F. He turned to April 16 on the register which he had with him and showed where E. M Lathem had registered at o'clock D. m on that day from New Orleans. He said that he was supposed to have spent that night at the hotel
 At 3:3O o'clock the defendant an nounced their case closed.
 Rebuttal Testimony.
 In rebuttal the state called J. P. Me- roney He testified that he was a clerk in Reece's drug store on April r.
 At this point the jury and witness retir- ed and the question of the competency of the testimony of Meroney was argued at some length. The court finally held that the testimony sought 10 be brought out by the witness was not competent
 The state then announced then thai they would close and Captain r. S. White for the defendant stated that the defendant was willing to submit the case to the jury without argument.
 S D. Weakley for the state said they preferred to argue the case and 1t was decided that the arguments should begin at the opening of court this morning. The order of speaking by the attorneys for the state will be s. D. Weakey. Col. J. M Caldwell and Solicitor H. P Hefin. The order of speaking by the defendants s