The Montgomery advertiser., 1903-06-17
Showing of Mrs. Rubel'S
 Expected Testimony.
She Would Swear, It is Set Forth, That Elias Latham, the Deceased, Had Repeatedly Pursued
 Her With Indecent
 Proposals.

Birmingham. June l6.-(Special )-In the trial of William Wise and Glen Havis, charged with the murder of Elias NJ. La tham, a young travelling man. in the Nor ris hotel lobby, last April the effort to have the case continued because of the illness of Mrs. Joseph Rubcl, sister of Wise. material witness. was the subject for much dicussion. The attorneys for the defense presented the following writ ten statement as to what they expect to prove by Mrs. Rubel:
 The defendant expects to prove by Mrs. Joe Rubel. material witness for the defendant on this trial, who resides in the city of Birmingham, Jefferson County, Alabama, and who has been reg ularly summoned by the sheriff as wit ness for the defendant in this cause. and who Is absent without the procurement or consent of the defendant. and who Is confined to her bed and unable to attend as witness would testify that she is sister of William Wise, one of the de- fendants named in said indictment. the said William Wise being her only broth CT; and that on the day of the shooting of the deceased she was in the city of Birmingham; that on the morning Of the shooting of the deceased, and just prior thereto. she received a telephone mes sage from the deceased asking her, saying in substanc to meet him that morning at room 57 of the Morris Hotel (which said hotel Is situated at the crossing of Nine teenth Street and First Avenue. in the city of Birmingham,) and also saying in said conversation over the telephone that if she would meet him there and do what he wanted her to do that he would de- liver her certain letters written by her to him, which letters she had made re- peated efforts to obtain from him, and which he declined and refused to return to her except on the condition that she would consent to a qualification of his H. licit purpose with her.
 That in the same conversation he stated to her that he had the day before sent a telegram from Opelika signed R. Jackson and addressed to her house number and servant, which he intended for her. That she urged him, in said conversation, to return said letters to her. which he declined to do except on con dition that she meet him that morning at said room in the Morris Hotel; that in order 10 get the letters she finally agreed to meet him at said room on that morn- ing. That as soon as she saw her brother, William Wise, co-defendant in this indict- ment, on that morning, she communicat- ed to her said brother all the conversa- ton had over the telephone by her and the deceased, and she also told her broth CT in the same conversation that the de ceased had insulted her on the streets
 
 and had pursued and pressed her witl his improper proposals for a long time That she also told her brother that sht had just been informed that her husband had received letter from Mrs. Latham the wife of the deceased, stating in sub stance, among other things that she Mrs. Latham, intended to bring suit fol divorce against her husband If her hus | band did not stop meeting her, witness at different places, and said letter als' | stated that she. Mrs. Latham, had som | letters in her possession written by her
 witness. to the deceased.
 That her brother then told her tha
 she must not fill the engagement. anC | that he would go to the deceased and en deavor to persuade rim to give him hel letters and cease pursuing and annoying her. That she said, T wish you would
 but don't get into any trouble abou them; that her brother, starting ava! fror1 her at his house, where said con | Vcrsation took place. to the hotel, stated | T won't That after her brother haC left her. knowing that the deceased wa
 in the habit of carrying a pistol and wal | in the habit of drinking she went to he
 brothers store to intercept him; tha | when she arrived at the store she founr 1 that he was not there, and after she lief
 the store she met the defendant on tn
 street That she had known the defend l dIlI SlnCe He WIS d young Doy. anu hHSN | him to be a friend of the deceased's wife
 as well as a friend of her brother; tha l she told the defendant that her brothe had gone to room 57 at the Morris Hote
 to see Elias Latham to get from hin
 some of her letters. and that defendan
 was q close friend of Lathams and tha 1 she wished he would go up there. | don't want them to get into sny trouble l That the defendant then started to tn
 Morris Hotel stating all right | The attorneys in the case consulted fo | considerable time in reference to thi
 showing. seeking for continuation O
 the case. anyhow until Mrs. Rubel woul i be able to get into court.
 | A motion made to quash the indictmen was overruled. A motion to quash tn venire of the jury was under consIdera tion when court adjourned until tomor row Intense interest Is being taken fl the case.