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

nds been committed Tn or about Blr- mingham in some time. with the exception of the robbery of the union ticket office safe, was committed Friday night
 trunk in the rear part of the store of T. Holdenfield was taken away. It contained $500 in cash. The trunk and the money are both gone and there is no clue to who the burglar was
 It seems that just before closing his store Friday night MT. Holdenheld was
 soS~-ee&%S&-&~-A-es s-e-s-e-s-s-e-&-@-s-4-e Lathem and that he did not go before Justice Benners as witness in this case.
 The witness said he did not see MT. Dyar that morning; that he knew him; that Havis was at the ladies stairway, that the pistol was pointing toward Cliff ord and himself when he saw it last "It was while the pistol was in that position that saw Lathem fumbling with his hip pocket he said, adding that that was the position in which I last saw Havis.
 The witness was excused and R. A. Hogan was called but failed to answer. l c. B. Cross was next called by the state. He testified that he lived at West End. that he was a superintendent of ore mines, that he knew Elias M. Lathem. that he saw him alive the last time at the Morris hotel standing at the window opposite the private office. that there were two men with him whom he did not know, that he was at the register book when the shooting occurred. that he had seen La them about five minutes before, that he had passed within eight or ten feet of him and that he had heard Lathem say as he passed, If have (the witness did not ctach all the words) I am willing to apologize"
 He said that he saw Lathem while the shooting was going on and he was moving toward the wash room; that he was going through the door at the time of the third shot; that he did not see the other men during the shooting, and that he saw I.athem immediately afterwards. He said further that the pistol under Lathem was on the left side of the body about the hip, and that he saw him go through sideways after the shots were fired. with his face toward Nineteenth street.
 Cross-Examined.
 During the cross-examlnation by the de- fense he said that the hole in the grill work of the private office was about Sx10 inches; that he shook hands with Lathem as he (the witness) passed through tho lobby; that he heard him say he was willing to apologize for something he had done; that as he shook hands he said: Hello, Elias" and the deceased said: Hello. Charles" He said that they were friends and went to school together In Trussville; that he was on his way to the toilet room and simply stopped to shake hands; that he was looking for the name of J. w. Worthington on the regis ter; that the firing of the first shot first attracted his attention; that he had no intimation of difficulty before that, and that Lathem was the first man he saw after the shot was fired.
 The witness also testified that he turned to get out of the way; that when the last shot was fired his eyes were toward First avenue; that the shots were fired about as fast as man can shoot pis- tol; that he saw Lathem moving back ward pretty fast. turning slightly, with his left shoulder toward the door.
 He said that be could see down the lobby to about the foot of the ladies' steps; that he didn't hear anybody say, .Get me a gun," nor, "Tll shoot you;' that his hearing was good and that he was not excited.
 He testified further that he had talked with Dr. Lathem, Officer Patton and Judge Banks about the case.
 When this witness was dismissed court was adjourned until 2 o'clock.
 Morrison TestIfIes. W. w. Morrison was the first witness called at the afternoon session. He tes- tihed that he lived at woodlawn; that he was the janitor in the Chalifoux building which Is across the street from the Morris hotel; that he was standing entrance of the Chalifoux building at the time of the shooting and saw Havis come from the Morris hotel with pis- tol in his hand. He said that he went diagonally across Nineteenth street to First avenue that he was alone and that he didn't see him after that.
 He also testified that he then went
 
 them was lying at the end of the bar on his face; that he was lying on his face; that he looked to be dead; that he saw a revolver partly under fs body; that the deceaseds hands were under his body, and that he didn't see Wise at all The witness was excused by the de- fense and the next man called was Po- liceman R. J. Given.
 Policeman Given.
 Mir. Given said that he was a police man in the city of Birmingham; that he knew Havis; that he saw him at the Florence hotel on the day Lathem was killed; that he saw William Wise there with HavIs, and that two other men were with Wise and Havis. He said that he went to the Florence hotel bar with Cap- tain Johnson of the police force; that they arrested Havis; that the arrested man said that he did the shooting; that there was nothing taken from his person in his presence; that he did not search him, and that the prisoner made a state ment at the jail in the presence of of- ficer Johnson.
 When the defense questioned the wit ness he said that the pistol under Lathem was 3s-calibre Smith & Wesson and that none of the shells were exploded.
 MT. Latham on the Stand.