The Birmingham age-herald., 1903-04-25
Justice BeRners to Give Dscis-
 ion Next Tuesday
ATTORNEYS ARGUE CASE
Defense Did Not Introduce Witnesses. Solicitor Hefln Refers to Actions of Jurles and Makes Some
 Strong Remarks.

The Glen Havis and William Wise pre- liminary hearing came to a close yester- day morning at Il 15 o'clock. I. H. Ben ners, justice of the peace who is pre- siding in the hearing, reserved his decis- ion until next Tuesday morning at 1o o'clock.
 A large crowd gathered in the Circu court room again yesterday, the interest in the case seeming to have increased rather than to have diminished What came as the biggest surprise was that the defense rested after putting only one witness on the stand, who was not allowed to give testimony. It was generally supposed that the defense would have an array of witnesses on hand and many expected the days developments to be sensational
 After the state had examined the last witness for the prosecution, and the wit ness for the defense could not testify under a point of law involving the ques- tion of hearing some message over the telephone, both sides rested.
 Will Keep Them in Jail.
 The result will be to keep the prisoners in jail until a decision Is reached. and to keep them there longer if they are not admitted to bail by Justice Benners. The real issue was to secure bond for the two men who are deprived of their liber- ty.
 The prisoners were brought Into the court room at 10 o'clock. They sat in the same positions as on the previous day. Havis sat near his father.
 One witness, Dr. w. P. McAdory, was put on the stand by the state. He said: I knew Lathem. He Is dead now. was present when an autopsy of the body was held after the shooting Friday. There were two wounds on the face, as If made by severe blows, and bullet wound in the chest A large artery and large vein were cut by the ball. It was this bullet wound that caused death.
 At this point witness produced the bull let, which was also offered in evidence. There was no cross-examination and the state rested. Coroner Paris was not call ed as it was thought he would be.
 Only Witness of Defense. S. H. Hamilton was the only witness offered by the. defense He Is janitor at the county jail. He was asked by MT. Morrow if he had not received tele- phone message while in the sheriff's of- flee shortly after the killing Friday. The state objected on the grounds that 1t was a telephone message. The objection was sustained by the justice The de- fense said 1t would rest. This closed the testimony to be offered in the prelimin- ary hearing.
 The state attorneys said they did not care to argue and were willing to sub init the case without the speeches be- fore the justice. The attorneys for the defendant expressed a wish to make ar guments.
 First Argument.
 The first argument was made by s. D. Weakley for the state. He referred to the testimony which was given on the stand by the witnesses and briefly re- viewed the case He said he thought the testimony showed that the two defend- ants went to the Morris hotel Friday morning to search for Lathem. One went to his room, and not finding him there he did not go immediately down stairs. Wise sent him word to come down. He said that when Havis came down on the elevator he met Wise and Lathem in the lobby and they held conversation to- gether. "I believe the two men who went there and engaged in conversation with Lathem meant to kill him if necessary. There were two against one One witness ofh In the two that if he had done anything he was willing to apologize, and this is sufficient evil dence to show the two men went there heavily armed for the purpose of find ing Lathem."
 He said Lathem was evidently called to task for something he had done or some thing he had not done. No evidence had been introduced to show what it was about, but the two men assaulted him, one with a slungshot, the other with a pistol, shooting and killing him. He said that Wise and Havis went to the Nor ris with a deadly purpose in view. Havis pointed the pistol to Clifford, who had done nothing and this of itself would tend to show his purpose. Lathem stag gered, after being stunned, and sought to retreat. Then Havis rurns and fires upon him. Wise stood by and made no effort to stop him. There was evidently a conspiracy and. the men went to that hotel to do murder"
 At this point MT. Weakley referred to the weapon used by Wise.
 "A slungshot Is a weapon used by a sandbag man or a burglar. It is a pouch. or bag, filled with shot. Wise used this slungshot according to the testimony and the entire facts in this case certainly point to murder most foul. and that both are guilty of murder in the first degree. Both men I believe are guilty of assassi- nation. They went there prepared to do murder. When 1t was all over they did not stand there like men who were inno- cent. The proof shows they went to the Florence hotel and tried to appear as if engaged in their business and they said they never knew anything about the kill ing
 At this point the speaker said in a dramatic manner:
 They denied 1t; they put deceit and falsehood upon foul assassination. I do not think that under this testimony the defendants should be admitted to ball.''
 Argument for Defense.
 Robert Bell was the first attorney for