The Birmingham age-herald., 1903-06-26
EVIDENCE IN FiAVIS TRIAL ALL
 IN AND THE ARGUMENT BEGINS
ADDITIONAL POLICEMEN
 ELECTED LAST EVENING

The six new regular patrolmen are the supernumaries moved up and the fol- lowing were elected in their places; Thomas Ward. s. s. Powell, c. E. Ray, B. F. Carter. W. A. Disheroon and J. H. Ball.
 The new men will be placed in the res idence portions of the city and 1t Is thought that they will aid in decreasing the number of burglaries in those sec tions
 -&&%-<x-&-4-&-e-4-s-s-e-% %-e-s-s-S-4%-s-s conspiracy was the killing of Mir. Lathem. I shall confine myself to that phase of the case.
 Gentlemen of the jury; Robert D. Lee, that matchless soldier and incomparable gentleman said that the grandest word in the English language was duty. He had won honor and fame under the flag of his country but he came to a parting of the ways and looking out over his country and seeing that his native land would be covered with fratricidal blood, he said that, painful though it might be, he would do his duty and that new flag which he took up stood for that duty. You, gentle
 
 casion with a solemn and a serious ddty- a duty which you have not sought, re- sponsibility which you would not willing ly have undertaken.
 You have been called here by the au- thority of the great stat of Alabama to whose citizenship you belong. You have been called from the various occupations which you pursue and are now charged with the discharge of a duty than which no more important can fall to the lot of man. You were put under oath to try the case of the state of Alabama against Glen Havis and a true verdict render accord ing to the best of your knowledge and ability, so help you God You are no lon- ger private citizens. You have been call ed from that private life and invested by the law of your state with supreme au- thority.
 And I tell you gentlemen of the jury there Is more on trial today than this de- fendant. The majesty of the law, the peace and dignity of the state of Alabama is on trial before you. The state of Ala bama. through it's authorized channels has brought to you the indictment that Glen Havis, the defendant, caused the death of Elias M Lathem and that 1t was murder in the first degree.
 Contention of the State.
 "The contention of the state is that the charge has been fully met by the evil dence. Let us approach the evidence in fairness, searching after the truth, so that when the truth Is found and you leave here you can place your hand on your heart and, with bowed head, you can say before the Supreme Power, I have done my duty If anyone had any claim of association, friendship or neigh 1.ar1 Ara1 L.y~. I put 1t all away and have faithfully dis charged the trust put upon me-
 When you have done that, you can go out before the world with something which no man can give and which no man can take away-a clear and approv- ing conscience.
 Was this a conspiracy? Did these two men go to the Morris hotel with precon- ceived purpose either to kill Elias M. Lathem or to do him personal or bodily harm7
 q say, gentlemen of the jury. that the evidence showing that it was is over whelming, and 1 don't believe there Is an honest mind among you that has reach ed any other conclusion. When did they get together? Wise tells you 1t was at the storm door at the Morris hotel, and that the last time he saw Havis was the night before.
 
 when you consider William Wise's testi- mony to remember that he is vitally in- terested in this case. Do you believe that the meeting at the Morris hotel was the first time Wise and Havis saw each other that morning? Tom Cox Is a poor man who has been in the Birmingham fire department for years. He says he saw them together at 9:15 o'clock on the morning of the killing. Did he look to .rOt h lfo0
 What Is the significance of 1t? If that was a casual meeting, gentlemen of the jury, why should Wise have denied 1t? If there had been an innocent meeting he would not have denied it. It was his consciousness of guilt that made him take the stand and testify falsely
 Examining cox's Testimony.
 Lets look at Tom Cox's testimony Is he vitally interested? Was he willingly a witness? I want to call your attention to the conversation with Capt. White. You, gentlemen of the jury, have the state- ment of Cox against that of Capt. White. Cox did not want to testify. He had the initial knowledge that would establish a conspiracy, and yet he did not come to the state. He went to the attorneys for the defense and told them he did not want to get mixed up in the case. He said he did not mention the matter of pay for leaving town. There, gentlemen of the jury, you have one testimony of a witness who had no interest in the case against that of a member of the counsel for the defense.
 What did Wise and Havis do when they got to the corner of Fourth avenue and Nineteenth street,? An, thy're smart, gentlemen of the jury they're smart. They said let's not go down Nine teenth street together. Why, gentlemen of the jury, the very fact of their separa. tion is the strongest proof that the con. spiracy was matched at that time. Ii that been an innocent meeting between those two men and if there had not been a conspiracy they would not have sep arated.
 If you meet friend. a bosom friend a man with whom you have been inti- mate for several years, and he is going along the street in the same direction in which you are going, do you separate and on opposite sides of the street. When Cox passed within three or four feet of Wise and spoke to him he was so absorb ed that he made no response
 Do you believe that testimony? If you do, gentlemen of the jury, you can come to no other conclusion than that the con. spiracy was formed at that time. And what is the next step? Let's take Wise's testimony. He went to that hotel hunt. ing Lathem. He knew the number of the room Lathem occupied. What does he do He passed through the lobby and out by the Nineteenth street entrance without even making an inquiry in the office for the man he was hunting. (Objected to by the defense but overruled.) An, the gen. tlemen are getting restless early in the game Did Wise ask for I.athem2 No