The Birmingham age-herald., 1903-06-18

 Elias M Latham In the Morris hotel lob by on April IT, which has been before the Criminal court for the past three days, began yesterday afternoon at 5:sO o'clock. Five jurors were empanelled before the court adjourned at 65o o'clock.
 This means that the case will be tried at once instead of going over until the Sep tember term. as was at first thought prob able The attorneys for the defense ex- hausted every means to get the case con- tinued.
 overruled Motions.
 The record of yesterdays proceedings is little more than series of motions and objections by the defense. most of which were overruled by the court.
 The mornings proceedings began with the overruling by the court of the de- fenses motion to quash the venire It had been overruled the previous day with the exception of one count and this count met the fate, of the others at the hands of the court.
 The defense followed this up with mo- ton to continue the case. It was based on certain errors of spelling in the names of the jury venire. including w. H. Webb. 4 Tobias zopf and A. A. Simmons It was overruled.
 Crowd of Spectators.
 At both sessions yesterday there was large crowd of spectators, many of whom were standing in the afsles. MT and Mrs. William Wise, sr., parents of William Wise. Jr., who is also charged with the murder of Lathem, were present during the morning as were MT. and Mrs. E. M. Havis. parents of the defendant. | Shortly before court was called to or der in the afternoon a party of rela- lives of William Wise, the co-defendant, entered the room and took seats inside the railing. Among them were the four little girls of Mrs. Joe Rubel, nieces of Wise. Others who came with them were Mrs. w. L. Delheim, sister of Wise and of Mrs. Rubel, Mrs. Albert steinau of Monroe, La, who Is also Wises sister, little Miss Sybil Delheim. niece of Wise, Joseph Rubel and Mrs William Wise, Jr.
 Affectlonate Greeting.
 None of the nieces had seen their uncle since his confinement and the greeting was very affectionate. A touching scene took place during the short afte%oon re- cess when nurse brought in the little child of William Wise. The co-defendant held the smiling infant in his lap during the entire recess.
 As on the two preceding days, there were several relatives of the deceased, Elias M Latnem, within the railing on the opposite side of the room from the defendants.
 Motion to Quash.
 The first proceeding after court was called to order in the afternoon was the introduction of another motion by the defense to quash the venire. The motion was made on the ground that W. P. Ell | edge, who was on the original venire, had been improperly excused by the court. It was based on technicality. which required some little time to straighten out
 The court announced that 1t would solve the question by sending out after the juror. This was done and court took an informal recess in the meantime. Elledge was brought in at 4;15 o'clock and the motion to quash was overruled. | The defense then made a motion for con- | tinuance and also one that the defendant be not tried at the present time. both of which were overruled. MT Elledge was examined by Capt. F. s. White for the defense. He was asked how he had passed his time since Mon day and whether he had read The Age Herald the News and the Ledger during the past two days, or since he was ex- cused as a juror. The state objected and was sustained.
 Eight or ten questions were asked all of which were objected to by the state and the objections were sustained by the court
 At this point the defense brought in a lengthy paper and the state facetiously asked If that was another motion.
 It proved to be a motion to quash. but was overruled. Motions to continue and to not try the defendant at the present time, based on the same grounds, were also ovcrruled.
 At 4;50 o'clock Judge Greene an- nounced that 1t was time to proceed with getting a jury and ordered the names placed in hat. The defense objected to placing four specific names in the hat but was overruled.
 Attorney John D. Weakley, for the state, suggested to the court that the defense be asked to enter all their gen eral and specific objections at the same time. so that all could be disposed of to- gether.
 Objecting to Webb. The defense filed an objection to placing the name of H. H. Webb in the hat which was sustained, and the court ordered the sheriff to summon a man to supply his place from the qualified citizens of the county.
 c. L. Huey was called and his name took the place of H, H. Webb on the venire.
 The selection of the special jury to try Glen Havis on the charge Of murder was | then begun.
 R. l.. Waldrop a farmer. was the first man called, and he was accepted by both sides.
 Jurymen Accepted. A list of the five jurymen thus far ac- cepted is:
 | R. L. Waldrop. l J. D. Mckenzie. | T. L. Dalton. A Berry