The Birmingham age-herald., 1903-11-21
STRONG PLEAS ARE MADE FOR NM. WISE Case May Not Go to the Jury
 Before Tomorrow CHARGE WILL BE LENGTHY Speakers Yesterday Were Col. cald- well, Senator Morrow and Captain
 WhIte-The Latter Will Con-
 tue in His Argument.
CHARGE WILL BE LENGTHY

There is some doubht as to whether the Wise case will go to the jury today or not. It was thought yesterday that all of the arguments would have been finished by noon today but most of the speeches have been longer than was expected.
 Capt F. S. White was speaking when court adjourned last night and he will continue this morning. Solicitor H. r. Heflin has yet to close the case and II he does not finish by noon or soon after 1t is not probable that the case will get to the jury before court adjourns for the day.
 The charge of the court to the jury will probably require several hours, and this will be made immediately after Solicitor Hehin finishes.
 Many Charges Asked.
 The counsel for the defendant handed to Judge Greene during the afternoon two hundred and seventy-five written charges which he is to pass upon and decide up- on those that are to be submitted to the jury.
 
 interest in the case seems to increase. During the afternoon yesterday every seat in the large court room was filled and even the aisles were crowded with standing spectators.
 Col. J. M Caldwell, Senator Hugh Nor row and Capt. F. s. White spoke during the day. Col. Caldwell began on Thursday afternoon, but spoke for about an hour yesterday.
 He maintained that it would be almost impossible to find a train of facts that would more conclusively show conspir- acy than the facts as they had been brought out by the evidence in this case. He dwelt at length on the part played in the affair by the billy, which had been proved to be the property of Havis, the intimate friend of the defendant.
 Why Didn't He Send card2
 .sWhy did either Wise or Havis have to go up to room 57?" he asked Why didn't Wise send up his card in the reg ular form if he wanted to see g guest or that hotel? He went through that hotel twice hunting for Lathem Instead of either sending his card or going up him self, he waited until Havis came and then sent him, when, according to his story, Havis had come simply for the purpose of keeping Wise from getting into trou- ble.
 of Havis had found Lathem In room 57 when he went up there, the facts in this case might have been very different
 "Would you believe any witness who would say that Lathem had pistol in his hand in the incipiency of the diff culty? Would main allow his glasses to h off I, ,io hen a ipllV by two men, beaten almost to insensibil- ity. when he had a double action pistol in his hand? When he had that pistol in his hand would he seize his assailants with his hand instead of shooting?
 "Gentlemen, it was an unequal fight, wasn't 1t? It was not necessary for life to be taken was it? There was not time during the difficulty when either Havis or Wise was in the least danger of his life
 Now, in my humble way, I have att tempted to draw a picture to aid you in arriving at the true facts in the case. MT Shugart has told you to exercise your sympathy Sympathy Is a great thing but the jury box is not the place to ex- ercise it. Sympathy is one of the sweet est sentiments of the human heart, but 1t is justice that must be your guide in the jury box-iustice to the living and justice to the dead.
 You must not justify such acts as this. The murderer and the assassin are abroad in the land A sea of blood is flashing the very walls of our court houses. The preachers can't stop 1t; judges can't stop it. It is with the juries of our land to put a stop to crime"
 MT. Morrow Speaks.
 Senator Hugh Morrow for the defend. ant spoke next He first addressed him self to the court, laying down the two propositions of law which the defendant wished to submit for the courts consid- eration.
 "In the first place, gentlemen, I want to say I don't want to do anything to hurt the feelings of the relatives and friends of the deceased. But I am going to talk frankly and am going to try to talk the truth.
 This is a remarkable case The state would try to make you believe that a con- spiracy was framed to commit murder in one of the most public places In this the largest city in the state. to commit a murder so close to A man that he could reach out and touch them on the shou- der, to commit a murder right at a bar ber-shop door, where people are con- stantly passing in and out.
 'The state, with it's gallant array of counsel and the solicitors of the county, assisted by two detectives, ex-Chlef of Police Austin and w. H. Pinkerton has raked this town with a fine-toothed comb to put stripes on this defendant and now their whole case depends on the testimo- ny of two black negro witnesses. Try this case on the white testimony, gentle men of the jury.
 Some Peculiar Facts.
 What does the testimony of a negro amount to who has to hold his paper within two inches of his eyes to read, and who swore that he did not hear the shot fall on the floor, but he saw them; who stood up and seriously said when I asked him the question that he didn't know whether I was mile away from him or not. Let's try 1t on the white testimony
 Now, about that billy. If that 36-year- old bootblack and that near sighted negro are the only ones that saw that billy, don't you know he didn't have 1t? There has not been a single white witness on the stand, Clifford, Cross, Lynch. Askew or any other, who testified that the billy was in Wise's hand.
 A Little Learning Is Dangerous.
 "A little learning is a dangerous thing. ton to be dangerous. He has just reach ed the point where he parts his hair in the middle, wears a high standing collar presses his pants. wears patent leather shoes and red socks Vassar has gone just one step higher; he wears a white vest. You are not going to believe any