The Birmingham age-herald., 1903-07-26
WISE ALLOWED BAIL
 BY JUDGE COLEMAN
State Appeals to Supreme Court
 for Review of Case
DEFENDANT GOES TO JAIL
Supreme Court VIII Convene the Sec ond Tuesday in November, and In the Meantime Wise Must
 Stay In Prison.

Judge A. A. Coleman of the Circuit court yesterday rendered a Judgment In the habeas corpus proceedings of Wil- liam Wise. granting the petitioner the right to be released on bail. The amount of the bond was agreed on by the at torneys at s1o.oOo. Solicitor H. P. Hefin at once gave notice that the case would be appealed and asked that judgment be suspended, pending the appeal, which was granted and the defendant remanded back into the custody of the sheriff
 Wise was taken to the county jail where he has been confined since the killing of Elias M. Lathem fin the lobby of the Morris hotel and will remain there until the Supreme court passes on the appeal. He is charged with the crime jointly with Glen Havis.
 The Supreme court will convene the second Tuesday in November, which falls on November 10. As this is preferred case 1t vii probably be taken up as soon as the justices come together.
 Many Spectators.
 There was a fair sized crowd of spec tators in the Circuit court room yesterday morning to hear the arguments of the attorneys. Judge Coleman announced Friday that he had finished going over the testimony in the Havis trial which had been submitted by both sides as evidence in the habeas corpus proceed ings. At the opening of court yesterday he announced that he was ready to hear ] the arguments and stated that they must be confined to one hour for each side
 Attorney S. D. weakley for the state objected to the evidence as to Wise's character, and the court gave the state the benefit of an exception The defense later withdrew the question, would you believe him on oath?" upon condition that the state would admit that his gen. eral character was good.
 Hugh Morrow opened for the petitioner. He read from the decision of Chief Jus tice Stone in the case of ex parte Ham mock & Elrod in the seyenty-eighth Ala bama reports to show that in order Tor the court to deny ball the proof must be evident or the presumption great that the defendant is guilty in the degree pup.sh- able capitally He contended that the only thing pointing to Wise's guilt vas the con spiracy Idea and that Witness Tom Cox was the only proof es that and that mo- body believed the evidence oi Cox.
 Public History.
 i've submit that the action of the Jury in the Havis trial is public history" he said, ''and that in arriving at a conclusion as to what jury might do, the court can take into consideration what this jury has done"
 Attorney Weakley spoke next for the state. He objected separately to each of the three questions In the evidence as to Wise's character and submitted that they should be excluded on the ground that they did not apply to his peace and quietude. but to his veracity.
 He read from ex parte Richardson in the nlnety-sixth Alabama to show that bail should be denied where the defendant testified in his own behalf. and from OK parte Williams in the eighty-1rst Alabama to show that in case of conspiracy both conspirators are guilty of murder, arguing that in this case the evidence of a con- splracy was clear.
 Solicitor HefIin Speaks.
 Solicitor H. P. Hehin brought out that 1t was almost impossible to show a con- spiracy in any other manner than by cir cumstantial evidence, and argued that the evidence in this case showed that a con- spiraey did exist between Wise and Havis. He claimed that Wise was the prin- cipal and that Havis was acting simply as the tool of Wise when he shot and killed Lathem. He said that the con- spiracy was shown by the fact that the two defendants were seen together about half an hour before the killing. that after arriving at the Morris hotel Havis went upstairs to Lathems room and that Wise on seeing Lathem at the clerks office , fin the rotunda sent the elevator boy to itell Havis to come down quick. He said that the conspiracy was further shown from the fact that Wise and Havis went to the hotel armed that Wise had sung shot belonging to Havis, and that Havis himself had pistol
 Solicitor Hefiin also contended that the defendant was not entitled to ball for the reason that the judge could not deter mine what the verdict of the jury would { be when Wise was put upon trial, as s they were the sole judges of the facts in the case. He said that the test as to whether a defendant should be allowed bond in a case like this was. what if from the states evidence the jury were to convict the defendant in the capital de- gree, then the defendant would not be entitled to bail under the law as laid down by the Supreme court unless the judge trying the case should say that