The Montgomery advertiser., 1903-04-24
HAVIS AND WISE ARRAIGNED
 FOR KILLING OF E. M. LATHEM

witness both Wise and Havis began smoking. Havis a cigar and Wise cigar cite.
 The witness marked on the diagram the positions occupied by the various parties at different times and also the point where Lathem was found lying. He said he heard cursing then heard Lathem say several times. T want to act the nan. l want to do the right thing" He repeat ed this. The two men engaged in the fight Havis and Wise were identified by the witness. He said that he saw La them in the hotel lobby nearly an hour before the shooting.
 The cross examination of the witness began, being conducted by Attorney John T. Shugart. He was asked about where Clerk Judson Cater was at the time of the shooting. He said that he did not know. He said that in getting away when the difficulty began he did not meet any one coming toward the scene. He saw a pistol under Lathem. He did not know how near his hands were to the re- volver.
 Redirect--"I did not see Lathem draw a pistol at any time. Did not see him with one until he was dead" The bar tender. porter In the pool room and sev- eral others reached the body before he breast and pointing behind the bar. La them was lying with his feet toward Nineteenth Street. The weapon could be seen before he was moved.
 lHt WttntSS Wd6 eACuScu anu buTci wilksie. the negro elevator boy at the Morris hotel was next called.
 The witness was examined by Judge J. J. Banks. He said that he was running the elevator at the hotel last Friday. He knew MT. Elias M. Lathem. He knew the faces of Mir. Havis and Mir. Wise. (Witness pointed out Wise and Havis.) T saw MT. Wise and Mir. Havis at the hotel about or 9:15 o'clock Friday morn ing in the lobby. saw Mir Havis at the dnor rf m ha third fn- ward the rear. (Witness described loca- tion of room 57.) MT. Havis had his hand on the door knob and was knocking on the door. He asked me where Mir. Lathem was. I told him he was down stairs. MT. Havis did not go up on the elevator with me. saw MT. Wise at the elevator down stairs. He told me to go to room 57 and tell the gentleman with a white hat on to come down and he would who had on white hat. and he went down stairs with me. Mir. Wise and Mir. Lathem were downstairs together then. They then walked toward the Nineteenth Street entrance, and stopped near the pri- vate office. This. was on the side next 10 the barber shop door,
 The men stood there for about an hour or an hour and fifteen minutes, did mol hear what they were talking about. They did not seem to be excited. The young man shook his head some times while he was talking like he might have been an- gry:
 Finally I heard scuffiing when I came downstairs and Mir. Lathem was down on the floor-they were all down together. M-. Wise was striking Lathem with something that had shot in it. The shot came out while he was striking him. and some of it rolled down to me and I picked 1t up. Mir. Havis was hitting him also.
 MT. Clifford ran out and Mir. Havis orew revolver and Mir. Clifford ran and I jumped back in the elevator. I next saw MT. Lathem staggering. l saw Mir. Havis nre a shot, then a couple of more shots. saw MT. Lathem after that. l also saw Mir. Havis and Mir. Wise MT. Havis started as if to go out of the hotel, but MT. Wise took him. caught hold of Street entrance. did not see Mir. Wise while MT. Havis was doing the shooting. MT. Lathem was about six feet from the door to the toilet room when the first shot was nred. He was about one step nearer when the next shot was fired. He was not advancing on Havis did not see any pistol on Mir. Lathem then. l heard MT. Clifford tell the men to stop, but did not hear either of the three men say anything. I could not see them. T saw MT. Wise in the lobby right af- ter the shots were fired. He was stand ing to the left of Mir. Lathem, facing the toilet room. toward Lathem, when Havii was shooting: He was nearer to the ele.
 
 front of the barber shop door. Havis was also kinder in front of the door. l did not see MT. Wise or MT. Lathen | after. they left the hotel Mir. Lathem was lying on his face with his head to ward the toilet room and hls feet point ing toward Nineteenth Street. He wa, dead when got in. I saw a pistol under him and his hand was lying over 1t. Ht | was pointing towards the bar and hi. | right hand was over 1t. 1 did not notice whether his hand clasped the pistol ol | not.
 Before MT. Lathem went inside tn, toilet room I saw something that looked | like a revolver. He was holding 1t down I did not see any pistol in his hand wher | Havis first shot. He had his hand kinder up at his side when the first shot wa. | fired. MT. Lathem staggered around whe, Havis shot and then Havis fired twic, more. The last shot was about over witt when I saw him with the pistol.
 While Hayis was shooting he moved | over toward the right. a little closer t, | MT. Lathem. He was nearer when h, fired the second shot.
 Court adjourned at this point until clock.
 At ? o'clock the court room was asail crowded to its fullest capacity. spectator occupying ali available standing room many standing in chairs and on the rail ings.
 The defendants were smoking when the. l were brought into the room. They ap peared cSol Havis looking especially un concerned. He was accompanied by hi | father.
 Dr. T. M. Barnett was the first wit ness introduced. He told of the au topsy over the remains of the late Ella M. Lathem. He said that he was presen and examined the body after the thora.
 was opened.
 The witness said that he did no recognize the deceased. He was tol
 tton made and sustained.)
 The witness then described the dea
 man. He had. in the judgment of tn
 physician, been dead about two to tw
 and a half hours at that time. Deat
 was caused from a gunshot wound. | The range of the fatal bullet was de
 scribed and the witness said that 1t wa
 sufficient to cause death and did caus
 death.
 The next witness was N. F. Ozburr
 He said that he had lived in Birmingham
 since September and was an employ of the Houston Biscuit Company. H
 said that he knew Wise (pointed ol | Wise.) "I have known Wise since fir of the year. I saw him at the Morr | Hotel last Friday between 10 and o'clock, near the office of the bookkeepe
 was near the window of the office, in foot or so of It. There was MT. Wi! , and two other persons there. The me , | seemed to be in an ordinary conversi | ton. I went into the toilet room an in five or ten minutes I started out ar
 my attention was attracted by a noise the lobby. think pressed the swingiI : door open little. There was a gla
 in the door. I saw MT. Wise near whe | Araf him and I aa " Ona man f1rif