The Birmingham age-herald., 1903-11-20
WEAKLEY, CALDWELL AND
 SHUGART ADDRESS JURY
MT. Shuart Says for First Time in His Experience He Has Been Called Upon to Defend Jew for
 Murder-Tribute to Them.

gument this morning.
 The order of speaking for the others of the counsel today will be Hugh Mor- row for the defendant Capt. F. s. White for the defendant and Solicitor H. r, Hefiin for the state, who will close the case Following this the charge will be made to the jury by Judge D. A. Greene
 The crowds in the court room yesterday were larger than during any previous day of the trial, as many seemed eager to hear the arguments being made in the case.
 Many compliments were expressed last night on the speeches made during the day and they are considered among the most able ever made in the trial of a case in the county. The attorneys nave entirely different methods of handling the evidence so that instead of becoming tre- some the discussions are interesting rom start to finish.
 Mir. Weakleys Argument.
 S. D. Weal<ley began shortly before lo o'clock and spoke until nearly 12;3O o'clock He said in part
 "Gentlemen of the jury, the time has now come in the course of orderly proce- dure for the counsel for the state to as- sist you in connecting the law and the facts in this case. In my remarks hope to appeal to your judgment, your reason and your intelligence.
 'In the first place, William Wise is in- dicted for murder. It has been shown that Elias Lathem was at the Morris hotel where he had the right to be, and that he was sought out at least by Wise and before those men left that hotel the 1 life of Lathem had been taken It is conceded that Wise did not fire the fatal shot but the state maintains that his complcty in the affair makes him guilty ! of murder, and murder in the first degree.
 'When this defendant went to the hotel he looped the loop taking roundabout route in order that he might come upon Lathem unawares and in order that La- them would have to give him an audi ence. When he finally found him he said in a very beligerant voice: want no excuses, sir. He told him he was no gen tleman and that he had lied. The de- ceased was undoubtedly pleading with i Wise to let him alone. The details of the scufle show still more forcibly Wise's determination not to allow Lathem to get away without giving up those letters.'
 What Constitutes Murder.
 Mir. Weakley devoted several minutes ] to an. explanation of what constitutes murder in the first degree. asserting that this was case where a life had been taken as result of unlawful, malicious deliberate and premeditated intentions against the deceased. He then read sev. eral opinions on what constituted a con l spiracy and how far each of the conspir- ators is responsible for the act of one of l them
 Witnesses cannot be brought here. gentlemen of the jury, who can tell that i they actually heard a plot formed to kill man." continued the speaker. Tn such matters you must be guided largely 'py your differences. If you find that these men went there with evil intentions to- ward the deceased even though they did not intend to kill him. and they provoked him into a fight and the killing resulted, one of the men is just as guilty as she l other, and it is murder in the first de- l gree"
 i Another important principle of law is ] that a man must retreat before he can | take another mans life The law takes no account of human pride. It holds that 1t is better that one man should retreat 1 than that human life should be taken l Further than that a man cannot claim self defense if he provoked the quarrel.
 "rhe defeudant's testimony conflicts with that of other witnesses and you can readily see that Wise's testimony cannot ] be considered as reliable as that of other i witnesses. He denies that he had a 1 slung shot. Then who in the name of God did have it? Did some evil angel drop it down from the sky? It was there and it had to come from somewhere.
 What They Went There For.
 '.Now what did those men go there for? l Feel in the pockets of Havis for that pis- i tol,and you will know. Feel in the pock- cts of Wise at that time for the slung shot and decide what he went there for.
 when Wise went around there to the Nineteenth street entrance who did he 1 meet? Why, his intimate friend Glen l Havis, the very man he wanted to see Nobody knows how long he had been there. Was that mere accident that l they should meet? I submit to your intel 1 ligence that it was a prearranged affair. l One of them went to the hotel one way l and the other another. In going to that 1 hotel they looped more loops than did 15chley at Santiago.
 "Where did Havis go after the shoot l ing? He fled to a room over Goss' saloon. | The wicked fee when no man pursueth, | but the righteous are as bold as a lion l And then when Wise went over to see him he said. Put lock on your lips
 ''The state put five witnesses on the stand who saw the killing. The defendant put on one, Stephen Askew. and himself. And in between these we had whole lot of character sandwiched. It was case where the defendant was very long on | character and short on facts. We do not (continued on Eighth Pane)