The Birmingham age-herald., 1903-06-24
WILLIAM WISE GOES ON STAND
 FOR DEFENSE IN FiAVIS TRIAL
TO RECOMMEND LINES
 FOR CITY EXTENSION


 mend for incorporation Into the city limits
 The subcommittee met at o'clock at the Commercial club rooms and went over all the territory In vehicles. They chose some of the sections which they consid- cred would be the most benefited by being taken into Birmingham, and which would in turn benefit Birmingham by being an- nexed.
 The committee was out for several hours, returning about 2:3o o'clock. The committee would not give out any direct statement as to the territory they have agreed upon.
 It Is understood that East Lake, Avon dale and Woodlawn will be included iri the proposed Greater Birmingham bill. Gate City will not be included.
 A portion of North Birmingham and East Birmingham will also be included in the bill. Village creek will be about
 4-@~~e~%~~>es%~@ ~-S-e-e-4> , being thrown and that Havis was not thrown toward the barber shop door. He said that when Havis fired Lathem was not facing him squarely; that the deceased was facing almost directly to- ward First avenue; that Lathem had his pistol pointed at Wise; that he then heard some one In the direction of Nine- teenth street say: Don't shoot;'' that Lathem then turned his pistol on Havis and said: D. you, I'll shoot you" with strong accent on the ''you;" that when he then looked at Havis he had a pistol in his hand and that the shooting then began.
 The witness said that when his atten- tion was first attracted to the scuffle, he heard a voice say, "Yes, and I'll shoot you as sure as h." that he found later when Lathem spoke again that 1t was his voice, and that he heard some one say to bring him his gun. He said that he was not working at that time, that he had been without work since Janu- ary 12, that he spent a good portion of his time down town, that he had taken one drink at home on the morning of the killing, but had not taken any after he got down town.
 The witness said he did not know whnt became of Wise and Havis after the shooting that he left the hotel after the last shot was fired, that Wise and La- them struggled across toward the map case together and that Lathem did not stagger over there alone.
 He said that he had talked to the at torneys for the defense about the case on two different occasions, that he had talked to them about 1t on Monday that the first one he talked to about the matter was a clerk In Wells store, that he next told bartender Jaeger that he had seen the shooting and that he did not attend the preliminary trial.
 He said that he left the hotel after the shooting by the First avenue entrance. that he had been to the hotel several times since the shooting, that he was in the bar on Monday and that he had re- gently passed through the lobby.
 Capt. F. s. White for the defense then | asked the witness if he had not also talk ed to the attorney for the state, and he replied that he had talked to Judge Banks since he had been summoned as a witness.
 F. L. Dyar was then called In an- swer to questions by the defense he said that he had not told MT. Leonard at the Morris hotel within a week after the killing that he knew nothing about it and that he did not remember telling Tom Case one morning at the same place that he was trying to find out something about the case.
 Frank Leonard.
 Frank Leonard was called. He testi- fled that F. L. Dyar told him within a week or two after the killing that he did not know anything about the case. He said that he was employed at the Nor ris bar at that time, that he was on inti- mate terms with Wise. that he was at one time in bis employ for six and one-half years. He said that the remark by Dyar was made in a general conversation among three or four persons, that he could not tell the exact place in the hotel where the conversation took place and that he did not remember the exact ques- tion that evoked from Dyar the words, T know nothing about it."
 | Captain White for the defense an- nounced that they now wanted to sub init the showing of the testimony of Mrs. Rubel The court announced, how ever, that court was adjourned until Z o'clock, and that the matter would be taken up at that time.
 Afternoon Session. The defense at the opening of the af- ternoon session instead of submitting the showing of Mrs. Rubel called William Wise as a witness The entire afternoon was consumed with his testimony. When Mir Wise went on the stand Judge Greene told him that since he was the co-defendant in the case that he need only answer such questions as he wanted to regarding the case.
 The first question asked the witness by Captain White was whether he had a conversation with his sister, Mrs. Rubel, on the morning of the killing, and what he had done in pursuance of such con versation. The question was objected to by the state. and the jury was sent from the room in order that the court could decide on the competency of the witness 1, to testify. The witness was then asked to give an account of the conversation.
 Wise's Testimony. He said that his sister, Mrs. Rubel. had called him out of the dining room on the morning of the killing and had told him of conversation she had just had with the deceased Elias M. Lathem. She told him that she had made an appointment with Lathem to meet him in room 57 at the Morris hotel at 10:30 o'clock that morning; that she had done so in order to get, possession of some letters she had written him and which he told her he would give up only on condition that she meet him and comply with his improper demands of her. She said that he con tinually held these letters over her head as a menace; that through their instru- mentality she had met him on previous occasions because he had forced her to by means of the letters; that at such times he had tried to take liberties with her, by caressing her and had made improper proposals to her. She also said that he had told her to come down Nineteenth out for her and that in their telephone l. 4cII 1x1