The Birmingham age-herald., 1903-04-25
HEARING OF HAVIS AND WISE
 COMES TO SUDDEN TERMINATION
CONVENTION
 REQUIRES MUCH ROOM

The Baptists of Birmingham are very eager to invite the Southern Baptist con- vention to meet here next May but feel that n would be impossible owing to the limited hotel and boarding house accom- modations. At a meeting of the Baptist ministers of the county last Monday the matter was discussed. and after much talk 1t was decided that Birmingham could not compete now with other cities which have more extensive hotel accommoda- tions.
 one who made the apology. The question is. was 1t murder in the first degree? Would these men have gone to a public place like the Morris hotel If they sought Lathem's life? A slungshot Is weapon used to strike but not to kill. Burglars and robbers who carry such weapons do not intend to kill with these weapons, unless it is absolutely necessary. It is made to knock a person senseless and leave him alive. It is very clear in this case that Wise had no intention of talk ing the life of Lathem. The evidence of the states witnesses Is undoubtedly that Lathem had a pistol in his hand when he went out and fell down. There Is no evidence about who brought on the diff culty, and no one can presume to say who did. It Is reasonable that the two men should have gone there to settle a dis pute. People go to that hotel every day to talk over things, but not for the pur- pose of killing men. If the defendants would have thought there would be a killing they would certainly have gone elsewhere, and not where they were prac- tically surrounded by "a cloud of wit nesses'
 Morrow Speaks.
 Hugh Morrow spoke next for the de- fendants:
 It is the duty of this court to decide this case according to the facts brought out in the testimony. Where is the evidence of any conspiracy? Men who have murder in their hearts do not con verse for an hour and twenty minutes in friendly way say what you will Not only one of the defendants had a pistol but Lathem also had a pistol in his pocket If there had been any conspiracy to assassinate Lathem Havs would have shot him in his room, or Wise at the bottom of the elevator
 What testimony would you hold Wise on? Where Is the evidence that he stood by and aoquiesced? Was 1t his duty to go between two men who had pistols? I do not think your honor will refuse ball to Wise unedr the testimony that has been brought out. To hold Wise you will first have to be satisfied that there was conspiracy. The undisputed evidence shows that a message was telephoned to the sheriff's office to the effect that the men were ready to give themselves up, but the state objected.
 Where is the evidence to show there was murder In the heart of Havis at that time? If there had been he would have pulled his pistol and shot Lathem before. I think the state has failed to show cases where the death penalty would probably be inflicted and where the defendants should not be admitted to bail
 Solicitor Heflln.
 Solicitor H. P. Heflin made the last ar- gument for the state. In his short speech he referred to the fact that it was hard to hang white man In Jefferson county, saying Human life is about the cheapest article l know of in Jefferson"
 The solicitor said in substance:
 We cannot look into the minds of men and we have to judge of their thoughts from their conduct The proof in this case shows that the defendants went to search for Lathem. Each of them was making an effort to find him. Havis went to his room. The proof shows that the two men were acting in concert and both of them made attacks. Wise used a slungshot and no doubt the wounds on Lathems head would have resulted in his death. Lathem did not do one single thing. He was killed by Havis. Several wounds were inflicted on his head by Wise. Can't you imagine what kind of blows 1t would take to tear open a leather bag? The blow was prob ably as hard as that of a hammer. And why was this slungshot used? Because 1t makes such wounds as to leave doubt be- hind as to how they were inflicted for similar wounds apparently might be made by falling on the floor, from the appearance of the wounds
 Lathem would have been Justified If he had pulled pistol and killed either or both of the two defendants. There is no proof that he drew a pistol until he was fired on by Havis. If he had one he would have been right in drawing it be- fore that time. What evidence is there that the defendants acted in self f-defense? The testimony shows that Lathem plead ed an hour to get things right. No doubt he kept them there 80 long by his plead ings to them not to attack him. What excuse could there have been for an att tack in such brutal way? Under the law a person cannot take a life unless he has to do 1t to protect his own life. The evidence in this case is that La- them was stopping over and the two de- fendants were beating the life out of him. Havis did what he wanted to-killed Lathem.
 Concluding Remarks.
 Concluding the solicitor said:
 Common sense will tell anyone that Havis went there at the bidding of Wise. Human life Is the cheapest article you have in Jefferson county and they take lives because they think no jury will hang a white man If he Is at all respectable and if our juries keep this up every good cit izen will have to take care of himself and not rely on the law
 Why did Wise take a slungshot to the hotel? He did 1t to cover up the deed There is no evidence introduced by the