The Montgomery advertiser., 1903-04-24
Little New Brought Out by
 the Testimony.
The Woman Feature of the Case, If It Exists, Has Not Been Developed in the Evid- ence.-Hsnry Walker
 on Trial.

Birmingham. April 23.-(Special)--The p; eiiminary trial of Glen Eavis and Will nam W wise. charged with the murder of Lnas M. Latnem, began at Il o'clock this
 morning before Justice of the Peace l. H. Benners in the Circuit Court room t'ourt mad to be adjourned from the reg Glar office of the Justice in order to give accommodations to the army of wit iiestes and spectators who desired to at tero.
 .he trial is provoking more interest
 than any hearing of like import for many Years in this city and when court was called to order the room was packed and interest was intense. When the two pris- or.ers. Havis and Wise, were brought in they seemed composed and soon after the
 first witness began his testimony the &C., cused lit cigars and began smoking in an t unconcerned n annei.
 The killing which is charged to the
 two. men, occurred in the lobby of the
 Morris Hotel last Friday morning. Elias
 M. Lathem. a well known and prominent
 young traveling man being the victim.
 Hayis. it Is alleged did the shooting.
 while Wise was presedt and 1t is said
 struck Lathem several times before the
 fatal shot was fired. Joseph Rubel, |
 brother-in-law of Wise. is also charged
 with being an accessory to the murder
 but his hearing willnot be had until later, as he was arrested on a separate war rant. An air of mystery surrounds the
 cause of the killing and this enhances
 public interest. However, 1t Is very gem
 erally understood that woman figures in the case.
 An array of legal talent is engaged in the case on both sides. Both sides an- nounced ready and the court placed the
 witnesses under the rule. The first witt ness was Bert Clifford. son of the pro- prietor of the Morris Hotel and Clerk of the hotel.
 He said, that he knew Elias M. Lathem
 first the morning of the killing. He knew
 that Lathem was dead; He saw him in
 the bar at the Morris Hotel. He moved
 once after he saw him. This was last Friday. Lathem was shot about two and a half inches above che nipple. He was lying on his face when he first saw him.
 The witness said that later. at the under takers, he noticed black and blue bruises l on the face of the dead man. I Witness said that about 10:15 Lathem, Havis and Wise were In the hotel. They talked for quite a while and he heard fuss would. have to stop. Lathem apoio- I gized. About fifteen minutes later he ! heard a scuffiing and saw the men fight | ing. Havis and Wise hitting Lathem | hold of Havis to stop him and Havis | threw a revolver on him. He ran into the front office then.
 The revolver fired about the time he got to the office. There were three shots, all of which sounded alike to the witness. He said that after the shooting was over he returned to the spot and found a leather black jack or "slung shot. " The place where the shot was held in the slung was broken. He did not see any shot. Havis and Wise were gone when he got back. he did not see them. When Lathem was being struck. said the witness, he was doubled over. Wise was hitting over at him and Havis was hitting at him.
 The witness was shown a diagram of | the hotel surroundings and pointed out where the men stood. He said that there l were bullet holes in the wall. They were | about three feet apart. He indicated the | position of the bullets on the diagram | The bullet holes were about five feet from | where I.athem was found.
 l The prosecution introduced the diagram | in evidence.