The Birmingham age-herald., 1903-06-28

Birmingham get down town this morning they will find them in much better condi- tion than they were last weeK.
 The street department went to work with a will last night, and everything that was left in the alleys was carted away and thrown on the trash piles.
 This is in connection with a general Chief of Police wier and Street Commits sloner Mccartin have been together sew eral times recently. and they are working to get the city clean and to make it more presentable to visitors
 Yesterday Chief Wier issued an order to the patrolmen to notify all merchants that they must move into their stores ose-&eS-4>-O-~-s-e-s-@> -eS-s-S-s-s-s-s-s-0 at the Morris hotel he would give her the letters she wanted. It was he who said that. mind you. over the telephone. ac- cording to the showing-not Mrs. Rubel. What does Mir. Meroney say about that? He heard the conversation. He says nothing at all was said about meeting him in his room or about letters. And if Lathem had said 1t Meroney would have heard it.
 Tn the showing Mrs. Rubel should at least have said how and when and where she met Havis that morning. If he met her casually on the street and rushed to the hotel, how does 1t come that he was armed with pistol and a slung shot?. Gentlemen of the jury. the fact is, no such meeting ever occurred. She is Wise's sister. If that showing were true 1t would eonsign Lathem to eternal in- fanny. She was willing to testify to any thing to save her brother.
 How about Cox? MT. Morrow calls him liar. Liars and perjurers are not the men, gentlemen of the jury, that the city has in its fire department, those men who are known for their courage and bravery and who fight to save our property at the risk of their own lives.
 q say that when Captain White, the leading attorney for the defense went on the stand to reproduce a conversation had with a witness it shows the dire straits to which the defense has come. Captain White is an honorable man, but he Is a partisan, a lawyer intensely in- terested in his case. Testimony as to conversations is always considered the most unreliable in law.
 The Slung Shot.
 ''They say Wise did not have slung shot. How about those black and blue places on Lathems brow? Those wouldn't t fade out. Did Lathem infiict them him self? No Did Havis do It? No. Then who only could have done 1t? Why, Wise This is the kind of weapon that don't break the skin. It is the kind that makes black and blue places.
 ''Ah, gentlemen of the jury. this little weapon coming in here in the face of Wises testimony tells a wonderful story. It shows the conspiracy. It shows that the whole thing was prearranged. If they acted in seif-defense why did they slip away as they did and refuse to talk The wicked flee when no man pursueth, but the righteous are as bold as a lion?'
 "Now, gentlemen of the jury, I have tried to discuss this case fairly, and believe you will bear witness that I have not misquoted the evidence. There 1t is, and I thank you for your attention"
 MT. Bell.
 Mr. Weakley was followed by Robert N. Bell for the defendant. who spoke until 1 o'clock. He said in part:
 If 1t please your honor and gentlemen of the jury, the sensation that arises in me as I come before you is indeed pe- cnliar one. It Is a feeling of responsi- bility that Is almost unbearable-the feel- ing that my argument perhaps carries with 1t the life of a man, and the thought that by possibly making a wrong state ment may be Instrumental in that mans s death. This responsibility is greatest on the jury and on the defendants attor- neyg.
 T am glad Judge Banks and MT. Weakley were honest enough to admit that there Is more on trial in this case than the defendant, and am only sorry that they are not liberal enough to allow us to explain what really is involved.
 Counsel for State.
 The counsel for the state in this case are numerous-and they came here in the interest of what? Justice? Ninety-nine cases in one hundred are tried here in this court with only one states counsel to prosecute them. Why are there other men here? They are here to prosecute this man, not prosecute him. On the very ev- ening of the homicide we find Judge Banks down at the Morris hotel with blood in his nostrils hunting out evidence against him. ask you If they have been fair fin this trial? They have come to this jury and said. Here are the facts we give you, we hope you'll never find the rest
 They went out and got two witnesses after the case was closed and brought them in here. They saw the case needed propping Why didn't they bring them in here during the trial? They knew they would testify that Lathem had a pistol in his hand. And I don't care who the attorney Is. I say he Is not fair man who will ask jury to convict man by presenting only part of the facts When we began to question those two witnesses the state began to object at once.
 "Is 1t fair? Hasn't the defendant and the jury the right to know all the facts l? I say to you that what Lathem had done that morning and what he had been do- ing for the whole year before ought to be considered.
 T am glad MT. Weakley admitted to you that when one man sees another