The Birmingham age-herald., 1903-06-17
Showing of Mrs. RubeI's Tas-
 tinOny Was Filed
DEFENSE MAKES DEMURRER
Both Moves Argued at Length, But Judge Greene Refused to Sustain Either of Theni-ReIatives
 of Prisoners Attend.

The most sensational feature in yester- days proceedings of the case of Glen Havis, which Is being heard before Judge Samuel E. Greene in the Criminal court, was the submission to the court by the defense of the showing of Mrs. Joseph Rubers testimony.
 During the afternoon the defense also introduced a motion to quash the venire, and presented a demurrer to the indict- ment, both of which were overruled by the court, except that in the motion to quash there was one count left unset tied.
 Court Room Crowded.
 The courtroom was crowded during both the morning and afternoon. fea- ture of the days proceedings was the fact that Mrs. William Wise. Jr., wife of the co-defendant. and Mrs. D. M. Favis, mother of the defendant, attended both session Mrs. William Wise. sr., mother of William Wise, Jr., was present during the afternoon.
 The ladies sat with the prisoners and were much observed Mrs. Wise, Jr.' seemed happy to be with her husband
 The elder ladies were dressed in black and Mrs Havis frequently put her hand kerehief to her eyes.
 When Judge Greene had the docket sounded, the state announced that it was ready, while the defense said 1t had showing to make. After some preliminary discussion regarding certain witnesses, among them being Richard Barton, the attorneys retired to the jury room to go over the showing of Mrs Rubels testi- mony with Havis, the defendant, during which the court took an informal recess.
 Showing of Testimony. The showing of this testimony had been required by the court, because the defense had asked for continuance on the ground of Mrs. Rubel's absence, and had so em- phasized the importance of her testimony. A certificate from L. c. Morris was exhib- ited stating that Mrs. Rubel was very i'll and was confined to her bed
 When the attorneys for the defense re- turned to the court room the showing was turned over to the states attorney and at 1115 o'clock all jurors and witnesses were dismissed until o'clock. The full text of the showing of Mrs. Rube1s testimony is as follows:
 Joe Rubel material witness for the de- Jue Rubel a material witness for the de- fendant on this trial, who resides In the city of Birmingham, Jefferson county Al. l.. a-Irt summoned by the sheriff as witness for the defendant in this cause, and who Is absent without the procurement or con- sent of the defendant, and who is con- fined to her bed and unable to attend as witness on trial, that, if present, said witness would testify that she is a sister of William Wise, one of the defendants named in said indictment. the said Will lam Wise being her only brother; 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 de- ceased, and just prior thereto, she re- celved telephone message from the de- ceased asking her, stating in substance, to meet him that morning at room 57 of
 
 ated at the crossing of Nineteenth street and First avenue, In the city of Blrming- ham), and also saying in said conversA- ton over the telephone that if she would meet him there and do what he wanted her to do that he would deliver to her cer- tain letters written by her to him, which l letters she had made repeated efforts to l oh fof frov hi .1 and refused to return to her except on the condition that she would consent to a qualification of his Illicit purpose with her That in the same conversation he stated to her that he had the day be- fore sent telegram from Opelika, signed 'B. Jackson" and addressed to her house number and servant, which he intended for her. That she urged him, Tn said con- versation, to return said letters to her, which he declined to do, except on condi- tion that she meet him that morning at said room in the Morris hotel; that in order to 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 indictment, on that morning, she communicated to her said brother all the conversation had over the telephone by her and the deceased. and she also rolG her brother in the same conversation that the deceased had insulted her on the streets, had made indecent propositions to her, and had pursued and pressed her with his improper proposals for a long tim. That she also told her brother that she had just been informed that her husband had received letter from Mrs. Lathem. the wife of the deceased, stating in substance, among other things that she, Mrs. Lathem. intended to bring suit for divorce against her husband if her husband did not stop meeting her wit ness. at different places, and said letter also stated that she, Mrs. Lathem, had some letters in her possession written by her. witness, to the deceased.
 That her brother then told her' that she must not fill the engagement and that he would go to the deceaseEi and endeavor to persuade him to give hym her letters and cease pursuing and annoying her. That she said, I wish youl would, biff dou'f fnto any fr0uhlka ab0ut