The Birmingham age-herald., 1903-06-21

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 he was snoozing the burglar entered the rear door and carried the trunk away. The proprietor awoke after a while. locked his store and went to bed without discov- ering the burglary.
 Yesterday morning a friend of the proprietor asked him if he had missed his trunk. Investigation then revealed the burglary. The matter was reported to the police and they are Investigating It. The store was at Thirty-ninth street and Fifth avenue, Avondale
 os-e-&-~-~-e-e-4-e-S-S-e-e- 1 the court Among the questions asked were:
 Did not the deceased once curse you for interfering between him and Mrs. Rubel@'
 Wasn't the deceased in the habit of carrying a pistol because he anticipated trouble between himself and his father-in- law and his brother-in-iaw?"
 Don't you know that the officers came to his house several times to arrest him for beating his wife?"
 Don't you know that he struck his wife?'
 The witness was excused and J. W. Donovan was called
 Mrs Donovan Testifles.
 MT. Donovan testified that he was a newspaper reporter, that he knew Havis, that he saw him the day Lathem was killed, that 1t was shortly after the killing and that the conversation took place in the wholesale liquor department of Wise's l a rd yf hot Ina ole ht T,t1 at the bar. He said that he asked him if he knew anything about the killing that Havis said he did not and that he said he had been to the Southern Express of- flee. The witness further testified that after officers Given and Johnson came In Havis turned and said: 'It's all or boys; they've got me; I did it," that the prisoner after being arrested said someth- ing about telephoning as he went out at the door but that he did not catch the words.
 4. B. Freeman. A. B. Freeman was then called. He said that he knew Lathem. (The Morris hotel register was brought in at this point and the witness was instructed to turn to | April 16, and & wrangle ensued among the attorneys, the defense objecting to the allowing of the witness to refresh his memory.) The witness testified that Elias M. Lathem registered at the hotel on April 16, that he assigned him to room 57, that he became a guest of the hotel at about o'clock on the evening of the 16th. He said that he saw him, that to the best of his recollection Lathem went | to his room, that he didn't see him until the next morning about 10 o'clock, that he saw him go up the stairs the night be- fore. He said that he thought T. J. Rog- CTS went up with Lathem, that Rogers was assigned to room 56. that the two rooms adJoin, that the two men came in- to the hotel together about the time the L. & N. train from Montgomery arrives. He testified further that room 57 is on the third floor of the hotel; that 1t Is back court room on the east side of the building He said that he did not know where Lathem lived; that when he saw him next morning he was alone at the counter in the lobby; that he saw Rogers several times during the day; that Rogers always stops at the Morris when in the city and that he didn't know that Lathem
 
 The witness also testified that he had only said Good morning to the deceas- ed and that he didn't see him talking to anyone He said that he was down on Second avenue when the shooting occurred and that the night before Rogers had said to Lathem, Shall I register for you?'' and that Lathem had answered Yes The witness was then asked the question: Have you told the jury now all you know about this case?" To this he answered Yes"
 Last Witness of the Day.
 The last witness of the day was R. L. Hogan. He testified that he lived at Woodlawn: that he worked in the mailing department of the postoffice; that he didn't know Lathem; that he was three feet behind Lathem when the first shot was fired and that a friend who was with him caught his arm and said, Look out" He said further that he saw man a few feet away with pistol pointed to- ward him. that Lathem was facing the pistol that he didn't see Wise; that he had just stepped into the lobby; that La- them was a little to his right; that there was nothing between him and Lathem; that Lathem was stooping somewhat; that he did not see anything in his hands which were hanging at his side. He said that Havis was directly between Lathem and the private office; that he did not know the man that was shooting; that he felt the force of the powder; that he got out ot the way as quickly as he could; that he heard only one other shot and that he did not hear any of the men say any thing.
 When the defense took the witness he testified that the friend that was with him was John H. Mitchell, whom he had met at the depot that morning; that he went with him directly through the barroom of the Morris to the wash room: that he met his friend some time between g and 10 o'clock; that after the shooting he went to East Lake to meet Miss E. J. Hanson. arriving there at i2:O5 o'clock; that he was married man; that he had