The Birmingham age-herald., 1903-06-25

mittee would require further time. The convention then adjourned until Friday and the committee continued its work
 While a few of the more unimportant points have been practically agreed upon, the main propositions-the price of cut ting coal. the number of working hours
 es-s4-e-e-&-&-4-s-s-s-s-e- s-s-s-SS-e-S-e- fnme case in the front part of the store talking to MT. Reece. that she finally went to the front door and waved her hand and that about five minutes after ward Lathem came in.
 The witness said that he did not know where Mrs Rubel went after she vert out through the back door, that one can go upstairs at the rear of the building as well as the front and that he did not see Mrs Rubel any more that day.
 In answer to questions by the defense he said that that back yard at the store had a gate leading out. that MT. Reece had room upstairs, that he was an unmarried man. that in the telephone conversation Lathems answers were frequently "Yes and No" and that he had not known La them previous to that day.
 w. 0. Mosely.
 The next witness called was William M. Moseley of Decatur. He testified that he had lived in the town of Decatur since 1885, that he knew no man named J. H. Mitchell, that he owned some real estate in Decatur which he looked after that he was around the Bismark hotel a great deal and that he had never known boarder there by the name of J. H. Nit chell.
 When the state tok up the examination fbe xxrt4t, HaH that I1a for I'll, in the grocery business that he spent much of his time at the First National bank that he generally went down town about S:30 first to the postoffice and then to the bank, that he sometimes drove to the country for a few hours where he owned some land, that there were about 7,500 people in the Decaturs, and that there were three hotels, the Tavern, the American and the Bismark. He said that he did not claim to know everybody, but that out of the juries picked in the county he could on an average call eight of their names, that he knew three Mitchels in Decatur, W. H. Jim, and Bev. that he had examined the hotel register for three or four years back and that he had failed to find the name of j. II. Mitchell.
 Mrs. Havls Called.
 Officer Eagln was then sent for, but as he was not present Mrs Havis was called to the stand. She said that the defendant was her son; that his name was Glennie; that she had lived in Birmingham since 1873 and that she was 59 years old. Sew eral questions were then asked which the court did not allow her to answer. Among them were:
 Mrs. Havis. Is not your son a con- sumptive?'
 ''Is he not weak physically"
 bo hod lungs?"
 Policeman Eagln.
 Policeman Martin Eagin had been sent for and was next put on the stand. He testified that he lived in Birmingham; that he belonged to the police force; that he had been on the force for nearly four teen years and that he knew Lathem. He was then asked some questions by the defense which the state objected to and the objections were sustained by the court. Among the questions were these:
 State whether or not you were once called to the house of Elias M. Lathem, and whether or not. when you got there, his father was holding the deceased in bed and that he was curslng his father"
 "State whether you took him to jail and whether or not he cursed you and his father and was violent all the way to the jail"
 "state whether or not the furniture at Iathem's house was broken on that occa- sion and whether his father said the de- ceased had done it."
 Showing of Mrs. Rubel's Testimony.
 The showing of the testimony of Mrs. Joe Rubel was then offered and was read to the jury by Capt Frank s. White. The showing was made because the wit ness is sick and unable to be present at the trial It has been published In full before and the substance of what her testimony would have been is that she had a telephone conversation with the deceased on the morning of the killing; that she asked him for some letters of hers that he had; that he told her that he would give her the letters if she would meet him at room 57 in the Morris hotel that morning and comply with his improper demands; that she asked him about a telegram sent to her servant from Opelika signed "B. Jackson" which she did not quite understand, and that in or der to get possession of the letters she finally agreed to meet him.
 The showing further states that she met her brother, William Wise, soon af- terward and told him of the conversation and about the letters. and asked him to go to the Morris hotel and try to get thciti iioiii MI. 1Sdthtltit ne Saiu ne would; that she told him not to get in any trouble about them. and that he started away saying won't" It says further that Mrs. Rubel later met Glen Havis. whom she knew to be a friend of Lathem and told him where her brother had gone and for what what purpose, and asked him to go to the hotel and see that there was no trouble, and that he said he would.
 Barton's Testimony.
 Following this the showing of the testi- mony of Richard Barton was presented which set forth that the witness was un- able to attend court, that he lived in Montgomery, that he knew Lathem, that he saw the deceased in Montgomery on the 16th of April 1908, that he had a con- versation with him in which he said that he was going to Birmingham, that he had gotten Into trouble about a woman but that he was prepared for it.
 At the opening of the afternoon session Captain White announced that the de- fense would close. William Wise was first put on the stand again, but as some of the questions put to him were not al- lowed the defense said they did not want to use him unless he could answer questions regarding the whole conversa- tion with his sister. The witness accord ingly stood aside.
 RebuttaI Testimony.
 The rebuttal testimony was then begun and the first witness called was Thomas W. Cox. He said that he had lived in Birmingham all his life, that he had been