The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-04-24
COURT ROOM IS PACKED
WHEN PRISONERS ARRIVE
Elevator Boy Says Lathem Made No
Attempt to Defend Himself and
That Wise Was Beating
Him With a SIungshot.

The preliminary hearing of Glen Havis
and William Wise. charged with the
murder of Elias NJ. Lathem In the Morris
hotel lobby last Friday morning, began
before 1. II. Benners, justice of the
peace, yesterday morning at IL O'clock
At 4:30 o'clock In the afternoon recess
was taken until o'clock this morning.
All of the testimony given by witnesses
yesterday was in reference to the actual
killing, most of them being eye-witnesses
to the shooting or events that transpired
a few minutes before or after the shots
were fired.
The witnesses examined were for the
state. The state is not yet through, and
Coroner Paris will be the first one to
take the stand this morning.
An hour before Justice Benners informed
the bailiff to call the court to order spec
tators filled the room. The hearing is
being conducted in the room occupied by
the Circuit court in the courthouse
Immense Crowd.
Ten minutes before court came to order
every available seat and all the standing
room were occupied and people thronged
the corridor. A curious crowd lined the
way to the county jail and as Havis and
Wise passed to the courtroom in charge
of Deputy Sheriff S. ]. Snow many pairs
of eyes gazed at the prisoners.
A few minutes before II o'clock the
prisoners entered the courtroom through
the office of the clerk of the court They
were escorted to chairs on the right OF
the judges stand. Havis sat on the right
of Wise. He smoked cigars and cigar
cites constantly Wise also smoked.
When court was opened the attorneys
for both sides announced themselves
eady.s.-Some-, -,of-. the. best legal talent in
the state has been engaged. The attor-
neys are as follows:
The Attorneys.
For the State-Judge ]. ]. Banks, So
licitor II. p. Hehin, Rudolph & Huddle-
ston, Cabaniss & Weakley and Col. John
M. Caldwell.
For the Defendants-Bradley & Nor
row. Shugart e. Bell and B. o. Ober-
dorfer.
The hearing was to have begun at 10
o'clock but a delay in opening the pro-
ceedings was occasioned by the fact that
Judge Dan A. Greene was delivering his
cDdTRee 10 lle jury III the I1OlllS ID. IdI-
rish case and some of the attorneys coulu
not leave the criminal court room.
Joseph Rubel Is not being tried In this
preliminary hearing. He was arrested
on a different warrant. Wise and Havis
were arrested on the same warrant. All
three of the men have been in the coun-
ty Jail since being placed under arrest.
Plea of seIf-Defense.
u a.. ,,,dor.+aad tbo+ tba ,.taa Of Al,
defense will be self-defense. The wit
nesses for the defense will be put on the
stand when all of the testimony for the
state has been taken.
Solicitor Hedin came into the court
room direct from the Parrish trial. As
he had not had time to become familiar
with all of the evidence to be given by
witnesses who had been summoned he
retired to confer with some of them. This
occupied several minutes. He examined
some of the witnesses and Judge Banks
examined others. the two attorneys max
ing a division of witness examinations
The testimony adduced was that Lathem
was shot and killed by Glen Havis; that
William Wise struck Lathem several
times with a slungshot; that before the
shooting the three men stood and talked
near the private office, to the left of the
Nineteenth street entrance, entering the
door from the street, and that Havis first
denied and then admitted killing Lathem
Morning Session.
When court was called to order the
names of the witnesses for the state were
read. They came forward In front of the
judges stand and the usual oath was ad-
ministered. The rule was invoked and
the witnesses retired.
The first witness called was Bert Cliff
fa,r 81
vate office at the Morris when the men
conversed near the entrance and who
tried to pull Havis away from Lathem
when the scuffie began He is the son
of the proprietor of the hotel Upon TAX
| ing the stand the witness said (examina-
| ton by Solicitor Hefin):
| I live In Birmingham and reside at the
Morris hotel. l have lived in Birming-
| ham eight or ten years l did not know
| Lathem personally / know he Is dead.
He was shot and died soon afterwards |
saw him in the Norris hotel bar room,
lying on the floor and he died before !
left the room. He was lying with his
| face to the floor. This was on Friday
morning of last week. The bullet took
effect above the heart. When / saw the
man his head was towards the toilet room
| door. / do not think he had been moved
up to that time. l did not see any bruises
on MIN then but did later when | saw his
body at the undertaker's.
Saw Beginning of Difficulty.
/ saw the beginning of the difficulty
that occurred in the hotel between the
men and 1t was about 1920 Friday morn
Ing. Lathem. Havis and Wise were stand
ing near the private office. They were
talking. and l heard curse words.
touched Lathem on his shoulder and said
the talk of that kind would have to stop
Lathem apologized. Ten minutes after
that l heard a scuffe. ] saw Havis and
Wise beating Lathem. ] grabbed Havis
and tried to pull him away when herpulI.
ed his pistol on me and l ran. Lathem
was crouched over Wise was In a posi-
ton with his back towards the barber
shop The back of Havis was turned to.
wards the door of the toilet room. / did
not see anybody else there at the time
When Havis pointed the pistol at me
ran to the frond office. l was standing
by the check room when he pulled the
pistol on me. ! heard three shots fired
& hen it was over came back and picked