The Birmingham age-herald., 1903-11-22

ask for 8 conviction. If I believe a man Is guilty I am going to do my best to convict him.
 Captain White has charged that my associates have been paid to help con vict this man. have just the same right to charge that my opponents are trying to turn loose a guilty man because he pays them fees for 1t.
 Our laws. gentlemen of the jury, are such that they must be executed by hu- man agency. If twelve jurors are chosen and allow man of means to hire law yers to come here and befuddle that jury and clear a defendant, what is tho use of the law? The laws were made to be enforced and don't you know that If more men who commit murder were punished, there would be less crime? You have no right to let your sympathies dominate you in this case. If you be- lieve he Is guilty you should render an honest verdict accordingly" MT. Hef1in asked why Havis and Mrs. Rubei had not been placed upon the stand, Why didn't they bring that paid assassin here, that henchman of Wise In order that you could see what he had to say" he continued. 'vrhe defendant said at the completion of the evidence that he was willing to submit the case without argument. I repeat what Mir. Weakley said that such procedure is un- falr"
 Captain White Objected.
 Capt. White interposed several objec- tions to the solicitors line of argument, most of which were overruled by the court.
 This Is the dirtiest case that has ever came Into this court" continued Mir. lief lin, 'and William Wise is at the bot tom of 1t. He didn't intend to be here. He thought he would get out of any trouble by hiring Glen Havis to do the killing, and when he gets arrested himself he hatches out this story about his sister to defend him. Weigh this story careful ly gentlemen of the jury, and if 1t lacks truth don't fail to do your duty.
 Capt. White says Lathem had his pis- tol out before he was shot, because he couldn't have. drawn it afterwards Well. as see it, 1t don't make any difference when Lathem pulled his pistol. He ought to have pulled it long before he did"
 Mir. Hefin maintained that the reason the three talked there for over an hour was because Havis and Wise wanted to inveigh Lathem off where they could assassinate him, which was shown by the fact that they tried to get him to go with them to Mrs. Ruble's.
 The solicitor twice made the statement that human life was the cheapest thing in Jefferson county, and when objection 
 ''Capt. White said there were no scars on Lathems head except on the temple" said MT. Hefiin. That Is just 1t. That Is the reason they used a slung shot, the weapon of the footpad. slung shot leaves no bruises. Then the fact that Lathem died so soon afterwards and lost so much blood is another reason why the bruises didn't show.
 Do you believe that If one of you were killed that a jury could be found in this county that would hang your slayer if he were white man?'
 This question was objected to and the court instructed the jury that 1t was improper and should not be considered.
 Do your duty gentlemen of the jury" he concluded. Convict this defendant or turn him loose as you see the case"
 Judge Greene Delivers Charge.
 Judge D. A. Greene began his charge at 4:3o o'clock. He first told the jury that he had reconsidered the objections made to the statement of the solicitor that Ha- wis and Mrs. Rubel should have been produced and would sustain the objection. He instructed the jury not to take these statements into consideration in rendering a verdict
 Every man accused of crime" said Judge Greene, Ifs entitled to fair trial before jury composed of his fellow citi- zens. The Judgment of that jory Is su- preme. The courts province is simply to tell you what the law in the case Is. The jury is the sole and final judge of the facts in the case So that the execu- ton of the law is in your hands. You represent the power and the majority of the law.
 "The defendant is charged jointly with Glen Havis of the murder of Elias M. Lathem although William Wise alone Is on trial"
 The judge then defined the various de- grees of homicide. murder in the first de- gree. murder in the second degree and manslaughter in the first degree. He out lined the case as contended by the state and the contention made by the defend ant regarding the killing of Lathem. Z Conspiracy was defined and the respon- sibilty of those conspiring for the acts of any one of their number was outlined.
 Judge Greene finished his oral charge to the jury at 4:50 o'clock and the written charges submitted by the defendant were read. followed by the reading of those submitted by the state
 Little was done at the night session ex- cept the formal presentation to the jury of the indictment. the written charges and the billy which was submitted in evi- dence. The jurymen retired to the jury room at 9:10 o'clock.
 
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