The Birmingham age-herald., 1903-06-24

 western portion of the city. It drove over West End smithheld, Cleveland and Pow derly. but the members have not made up their minds how much of the section should be taken.
 Those present were Mayor Drennen, chairman; F. M Jackson, City Engineer Kendrick and Joseph Beitman. The sub committee was appointed at recent meeting of the Greater Birmingham com- mittee and instructed to ride over the territory and map out the proposed ex- tensions.
 The Greater Birmingham committee is composed of committees from the Board of Trade, the Commercial club and the mayor and board of aldermen. o-e4-A-e-e-4-@e-e-A-e-e-e-o- s~-S-s-e-o~0-N-e-o , witness said that Mrs. Rubel was his sis ter; that she was living with her hus- band at the time of the killing; that they were keeping house; that Mrs. Rubel had four children; that MT Rubel was thirty six years old and that Mrs. Rubel's father was quite an old man. The witness also said that Mrs. Rubel told him that if Lathem brought her name to the ground 1t would be harder on her than on him, because her children were all girls and his were all boys.
 Argument By Mr. Weakley.
 An argument was then made by MT. Weakley In favor of the objection and the defense submitted the matter to the court without argument. The court sus- talned the objection. The defense then asked to be allowed to ask the questions in the presence of the jury in order that they could reserve legally This was ob- jected to by the state and sustained by the court.
 Jury Called In.
 The Jury was then called in and the cross examination of the witness, William Wise was continued by the defense. The witness stated that Mrs. Joe Rubel was his sister; that he went to the Morris hotel on the morning Elias M Lathem was killed that he went in by the First avenue entrance; that he passed through the lobby looking for Lathem; that when he reached the Nineteenth street vesti- bule he met Havis coming in; that Havis went on inside and that he did not see where he went that he himself went out on Nineteenth street where he saw a man that he thought was Lathem on First avenue; that he went down that way and found he was mistaken; that he then came back Into the hotel in the same way as at first and that as he stood by the counter Lathem walked in and held close converse for a minute or two with the clerk
 He said that he then told the eleva- tor boy to tell the gentleman with the white hat in number 57 that he needn't mind that the man he wanted to see was down stairs and that the man with the white hat was Havis. He added that he then addresses Lathem. telling him that he wanted to speak to him. He said that about that time Havis came down stairs; that he and Lathem shook hands, calling each other Glen and "Elias;" that La- them then began telling him that he had Just gotten In at 545 that morning in re- sponse to a telegram from his brother; that he told Lathem he didn't want any excuses and that he had come in refer ence to the telephone conversation he had that morning with his sister, Mrs. Rubel
 The witness stated further that Hayis was standing within hearing of their voices that he then told Lathem that the telephone conversation which he had had with his sister that morning had been repeated to him in which Lathem had made an appointment with her for that morning at the Morris hotel in room 57 and in which he had told her that if she did not come 1t would be to her dlsad- vantage.
 Said He Did Not Want Trouble.
 The witness said that he told Lathem that he had told his sister that she had done wrong to agree to meet him and that she had said, Well, Willie, l must tell you something; he has some letters of mine that I must have;" that she told him that he had threatened to disgrace her unless she compiled with his de- mands for an assignation, that he had told heT ft4uf oI.A l unaccompanied along Nineteenth street. that he would be on the lookout for her and that he told her if she came with anyone 1t would be to her disadvantage.
 The witness said that he told Lathem that he was there to ask him to cease troubling her, that he had tried to take liberties with her in the past, that he had on one occasion even threatened her life unless she compiled with his wishes. and that he had only desisted when she screamed. The witness stated that he said to Lathem, Why do you do this? Why don't you give me those letters and let it stop?" He said that Lathem an- swered that he didn't have the letters, that they were in Montgomery; that he | then said to Lathem, You know those letters are not in Montgomery-you have them;" that he replied, "If you say. have those letters you tell a d--d lie." The witness then told Lathem that he did not want to have trouble that he simply wanted the letters; that Lathem asked, "Why don't she give me the let- ters she has of mine?9 and that the wit ness had replied that she had no letters of his. and if Lathem would come with him he could prove it. Lathem started and then stopped. saying, NO, I'll not go d-m step; won't be bulldozed by any one"
 Wise then said that he told him that he did not want to bulldoze him. that he was simply there in behalf of his sister as a gentleman; that he said to him, You have those letters holding them as a men ace to my sister and no gentleman would do it." and that Lathem replied, "If you say I'm not a gentleman you tell a d. l lie"
 | The witness then testified that some one in the private office tapped Lathem on the shoulder and said that they could not allow such language in the hotel and that Lathem had said, T beg your par don.' Wise said that he then begged La- them for the letters for the sake of those four little girls; that he was running the risk of breaking pp two happy homes. his own and Mrs Rubers.
 He said further that just then Havis spoke up and said, "Elias, why don't you give up those letters as Billie asksT' that Lathem had said, Its none of your d. business and you keep your mouth out of it," and thta Havis had replied, That's right. don't suppose it's my affair" Wise then told Lathem that he did not partic- ularly want them himself; that if he would give them to Havis he would be