The Birmingham age-herald., 1903-06-28
Attorneys Bell and WeaEay FiR-
 iSh Arguments in Morning
WHITE AND HEFLIN ID SPEAK
Famous Case VIII Probably Go to the Jury Late Tomorrow Afternoon. Speeches Are Attracting
 Much Attention.

The Jefferson County Criminal court. in which the arguments on the evidence in the trial of Glen Havis, charged with the murder of Elias M. Lathem, $ in progress, adjourned yesterday afternoon at 1 o'clock out of respect for the late Judge W. w. wilkerson and in order that Judge S. E. Greene and the members of the bar taking part in the case could attend Judge Wilkerson's funeral
 The motion for adjournment was made by the Hon. Charles c. Brown, ex-attor- ney general of Alabama, and Judge Greene announced that the court would not again be in session until o'clock Monday morning.
 During the morning S. D. Weakley, for the state finished his argument, as did also Robert N Bell for the defense. Two arguments will be made tomorrow, after which Judge Greene will deliver hls charge, and the famous case of the state of Alabama against Glen Havis will go to the jury.
 Frank s. White Tomorrow.
 capt. fTdHh D. w lANC VIII v 16AtA AAf' argument for the defense tomorrow morn- ing at the opening of court and will be followed by Solicitor H. P. Hehin, who will close the case, and 1t is thought the case will go to the jury late tomorrow afternoon.
 The attorneys who have taken part m the arguments In this case thus far are
 
 efforts. and the anxiety of the public to hear them is shown by the immense crowd that packs the courtroom at every session.
 Mir. Weakley's Speech.
 Mir. Weakley began yesterday morning at 9;S5 o'clock and spoke for an hour and ten minutes. He said in part:
 'At the conclusion of my argument yes- terday, gentlemen of the jury. was dis cussing the facts in this case as brought out by the testimony of eye witnesses. had undertaken to show that the testi- mony of MT. Clifford, supplemented by that of MT. Dyar covered the whole trouble. Cross testimony was simply that he came through the corridor. Hogan testified that he came through the door very close to Lathem and testified that there was nothing in Lathem's hands,
 What do the defendants witnesses. Foster and McDowell say? Mcdowell says that what first attracted his atten- ton was the fall of shot on the tile floor. Foster says that Lathem was pushed by Wise toward the card case and that he staggered across Their testimony is cor roborated by that of Lynch. Cross and Dyar.
 Concerning WIse's Testimony.
 'T can't blame Wise for testifying as he has. If havis Is acquitted then 1t natural ly follows that Wise will be acquitted. Is 1t not natural for him to weave some thing into the case to arouse a doubt7 And do not say this in harshness to MT. Wies gentlemen of the jury.
 "As a witness In this case Mir. Wise de- stroys himself. In some things he saw too much and in other things he saw too little. In seven distinct particulars his testimony differs from that of other witt nesses. Why didn't he see these things? Because they would be detrimental to Havis and therefore to himself. It shows that he Is trying to deceive the jury. And when man testifies falsely in one par ticular he will testify falsely in all. If you believe that kind of evidence you will never convict criminal. If the juries are going to reject the testimony of good, upright and honest men for that of de- fendants and their associates you may as well tear down your jails and abolish your courts.
 Now take Askew. gentlemen of the jury His testimony is much like that of Wise. He saw too much of some things and not enough of others. He didn't see the very things that four or five other witnesses saw.
 "A man can't create the necessity for killing man and then claim self-protec- ton. They can't claim self-defense for Havis on the ground that he was trying to protect Wise. because Wise was the aggressor. If Lathem struck Wise, where is the evidence of the bruise? Why didn't they bring that i'm
 They have taken great pains to show that Havis went there casually. Mrs. Ru- bel is Wises sister. She is willing to come here Into court and disgrace herself to save the defendant. whose conviction would have such a disastrous result for her brother.
 Mrs. Rubei's Showing.
 Tier showing states that Lathem said to har that if sha uould cor,e tn room S7