The Birmingham age-herald., 1903-06-16
DEFENSE MUST EXPLAIN
 FAILURE ID BE ON HAND
While a Spirited Discussion Is Ex- nected on the Point, 1t Is Believed
 the Trial VIII Not Be
 w. Postponed.

yesterday morning before Juoge oainuei E. Greene. The court room was erowoed' It now looks as though no continuation would be asked but that the cases VIII proceed without interruption until they are finished. Havis case will be tried first
 Ia+tla was accomplished yesterday ex- cept the selecting of three juries Tor the week. Upon the qualification of the jurors Judge Greene called for the case or the state against William Wise, but upon re- orest of the defense the court agreed to try the Glen Havis case first, since saveranee decree was recently handed down.
 A large and able corps of attorneys nave been engaged by both sides. The state fig represented by Solicitor H. F. Henin' Banks & Selheimer, Rudulph & Huodles- ton. John M. Caldwell and cabaniss x weakley. while the defense is made by shugart & Bell, A Leo Oberdorrer' Frank l.. White and Hugh Morrow.
 The prisoners were brought into the court room shortly before 10 o'clock and they were objects of much attention from the crowd that had gathered to hear the opening of the trial.
 Demeanor in Court.
 Both Wise and Havis were cool and col lected and there was a slight smile on the face of Wise during most of the morning. The only signs of nervousness exhibited by either was the fact that Havis spent some little time In carefully trimming his nails while the jury was be- ing selected and both he and Wise chewed gum during the entire time they were in the court room.
 They were both carefully groomed and there was not the least sign that either had spent the past six weeks in prison.
 When they came Into the court room numerous friends came forward and shook hands with them William Wise, Sr., and E. M. Havis, fathers respective ly of the two defendants occupied seats inside the rail.
 The first order of business after the court was called to order was the selec- tion of juries special venire was used, and the list of juries as finally arranged was as follows:
 The Juries.
 Jury No. 1-Charles M. o'Connor, F. J. Barnes. J. A. Bingham, A. Rich, E. E. Green, Tobias Zophey. w. J. Gibbs, A. J. Hart, D. J. Rogers, T. T. Singletory' w. H. Webb and J. A. Berry. J. s. Bailey, was excused on account of sick ness
 arttn Brown. T. g. Price, Samuel L. Lacy, Pat Mc- CIesky, J. K. Durham, Ed. Pulley, J. J. Jones, L. N Archer, Oscar Jones, Alex. Osborne and H. B. Ketchum. W. A. Chappell. Searl LeGrain and c. E. Lind sey were excused on account of sickness, and William Muir was excused because he has not all his naturalization Rapers.
 Jury No. 3--W. H. Propst, T. R. Hardin, o. B. Robertson, w. J. Ellard, G. L. Dal- ton, F. R. Wood, Lock Pitts, Sylvester Lindsay J. J. Walker. J. D. McKinzie, c. D. Fitzpatrick and R. l.. Waldrop T. IT. Motion was excused on account of asthma trouble, and Joe Warnefelt is over 60 years old and claimed exemption. From these men the jury will be chosen that is to decide the fate of Glen Havis.
 Roll of Witnesses.
 After the selection of jurors the roll of witnesses for the state was called. They are as follows: J. J. Carder, Burk Wilksie, w. w. Morrison, Charles Cross. ]. H. Lynch, Madison Greene, Garland stanton, Pert Clifford. John Williams, pr. McAdcry F. L. Dyar, Phillip Elan, I. c. Johns, w. r. Bovin, James w. r,onovan. Ali Gwin, Chief of Police Wier. Officer Culpepper, Officer Murphy, Jack curran, Leon Friedman, Officer Baker. onIce Shirley and J. B. Cole. | At the conclusion of the roll call So- l,citor Hefin for the prosecution an nounced that the state was ready. The witnesses for the defense who were present are as follows: Charles Ross, John Williams, Abe Goodman, Jim Va~- sar. James Mann, Officer Brown, J. P. Meroney, Tom Davis, Robert Foster. w. N. Driser and Dan Hamilton. | At the conclusion of this roll call of witnesses the court. upon motion. ad- journed until o'clock in the afternoon.
 Absent Witnesses.
 Immediately after the calling of court to order in the afternoon Capt. Frank S. White arose and asked that since ten of their witnesses were absent the case be continued He cited the absence of Mrs | Rubel whom he said was one of the most | important witnesses in the case. A cer- tifcate was produced from Dr. L. c Morris stating that Mrs. Rubel was con- | fined to her bed by serious illness Among the other witnesses for the de- | fense that were absent were; Mrs. Cur N ry, Mrs. Allen. Mrs. Mattie Mann. Henry i Mcdaniel. Frank Leonard and Ida Bar. hker.
 | Judge Greene stated that under the cir. cfmstances he thought the best thing tc do would be to serve other attachments and postpone the case to another day this Meek.
 The fefense added that they were ex- pectingt some very important telegrams at anyt time. but that they had not vel arriveq at tho local office.
 ] rho oart then said that sipes Mrs Ru