The Birmingham age-herald., 1903-06-23
Three Witnesses for Defense
 Heard in HaVis ThaI
QUESTIONS ARE OVERRULtD
Negro Porter of Barber Shop TestIfIes That Lathem Drew . Plstol-Rar- tender Was First to Reach
 the Dead Man.

The most important feature of the Havis trial yesterday, which is being heard in the Criminal court, was the announcement by the state that it would rest and the beginning of the hearing of witnesses for the defense. Solicitor H. P. Hefiln made the announcement that the state would rest at the opening Of the first session yesterday morning.
 The attorneys for the defense immedi- ately asked for time to have a confer ence. which was granted, and an infor- nal recess taken which lasted through the morning. During the afternoon five witnesses were called for the defense.
 Glen IIavis is being tried on the charge of murder in the first degree, and consid- erable discussion arose yesterday after noon concerning the testimony of J. P. Meroney the last witness called by the defense The witness was brought In to assist in showing the conduct of the de- ceased, Elias M. Lathem, during the day of the tragedy at the Morris hotel and thereby to bring out the motive which took the defendant and the deceased to the hotel at that time.
 Judge Greene ordered the jury to retire to the Jury room in order that the de- fense could show to the court the compe- tency of the witness to testify. The argu- ment was made by Attorney Hugh Nor row. but the objection of the state to the testimony of the witness was sustained by the court.
 Court Room Crowded.
 There were present at the afternoon session Miss Wise. sister of William Wise; MT. and Mrs. B. B. Havis, parents of the defendant, and Mrs. E. B. Havis, Jr., slster-ln-law of Glen Havis The courtroom was crowded during the en- tire afternoon.
 The first witness called by the defense was A. Goodman, bar tender at the Morris bar at the time of the shooting. The other witnesses during the afternoon were:
 T. c. Davies, who had charge of the pool room at the Morris, and who reached Lathem soon after the fatal shot was fired.
 Henry Mcdowell. coiored porter at the Morris barber shop. who was standing in the door of the shop at the time of the shooting.
 Robert Foster, coiored porter at the Morris, who was at the Nineteenth street vestibule of the hotel at the time the first shot was fired.
 J. P. Meroney who was employed at Reece's pharmacy on the day of the shooting.
 Goodman Testlfles.
 Mir. Goodman, the first witness, testi- fled that he lived in Birmingham; that he remembered the shooting; that he was on duty at the bar on that day, and that the first thing that attracted his atten- ton to the trouble was the firing of three pistol shots in rapid succession. He said that at the time he was sitting in chair between the bar and the poolroom; that he started in the direction of the shots; that when he was about half way to the door of the toilet room he saw Mir. Lathem coming through the door with pistol in his hand; that when he saw the pistol he started to turn back but glanced around again and saw him falling.
 He said further that the deceased was holding the pistol about even with the waist line that he had 1t when the wit ness first saw him; that as he began sink ing the pistol fell to the floor; that he was the first man to reach the sinking man, and that he did not remember in what position the pistol was fin under the body.
 The witness was then excused by the de- fense and the examination was continued by Attorney Weakley for the state. MT. Goodman testified further that at the time the first shot was fired he was about % feet from the toilet room door, that Lathem was just coming through the bar room door when he first saw him. that 1t is but single step from the lobby door to the barroom door, that he didn't hear him say a word and the he did not know when he drew the pistol. He said that the only other man he recalled who was present was Tom Davis from the pool room, that Lathem was dead when he struck the floor. that the only blood that he saw was a small spot on the dead mans shirt when the doctor oponed 1t. He also said that he thought that his negro porter was in the toilet room for he saw him come from there soon af- ter the shooting
 T. c. Davis Called.
 The witness was excused by both sides and T. c. Davies was called.
 He testified that he was at the pool room in the Morris hotel on the morning of the shooting, that he was reading the morning paper. that his attention was at tracted by the three shots, that he then came out Into the barroom and saw La them and that he had a pistol in his right hand.
 To the question of the state he said that he had not seen Wise or Havis that morn- ing and that he got to Lsthem just as he was sinking to the floor.
 Henry McDowelI.
 The next witness was Henry McDowell He said that he was a porter at the Mor- ris hotel barber shop and that he was working on April 1T. that he saw Mir. La them, Mir. Wise and MT. Havis on the morning of the shooting. that he first saw Lathem and Wise near the stairway where they talked for about ten minutes, that he next saw them between the bar Der shop door and the private office of the hotel, that they remained there nearly an hour and that their conversation seem- ed to be good natured.
 Al. A. tt.