The Birmingham age-herald., 1903-07-17
WISE'S CASE WILL
 BE HEARD MONDAY
Application for Writ of Habeas
 Corpus is Made
EFFORT TO SECURE BAIL
Attorneys Will Argue That Wise Is Entitled to Bail, Since Havls Was Only Found Guilty of Mur-
 der in Second Degree.

WI III 0SkShAA SNSAN1+ An application for a writ of habeas cor pus in the case of William Wise was made to Judge A. A. Coleman of the Jefferson county Circuit court yesterday morning and the prisoner will be brought before the court Monday morning at 10 o'clock. MT. Wise has been confined in the county jail since his arrest on April r charged jointly with Glen Havis with the murder of Elias NJ. Lathem in the lobby of the Mirris hotel on that day It is thought that the attorneys for the defense will base their arguments for the release of the defendant on bail on the clause of the state constitution which stlpulates that bail shall not be denied the defendant unless the proof is evident or the presumption great that he is guilty of the offense charged in a degree pun ishable capltally.
 The Probable Argument. They will probably argue that since 1t was proved In the trial of Havis that Havis was the one that actually did the shooting and since he was found guilty of murder in the second degree and given a sentence of twelve and one-half years in the penitentiary. that Wise is not guilty in higher degree than HaVis, and is therefore, entitled to bail as a matter of right since the second degree is not punishable capitally.
 The hearing of the application for a writ of habeas corpus will probably be among the most important similar pro- ceedings ever held in the county, for un- less the evidence in the trial of Havis is admitted it will be necessary to hear the greater part of the witnesses in the case.
 The document filed in the Circuit court yesterday morning is as follows:
 The Petition.
 State of Alabama,
 Jefferson County. To Hon. A. A. Coleman. judge of the Cir cult court for the Tenth judicial dis trict:
 Your petitioner, William Wise, respect fully represents unto your honor as fol- lows:
 1. That he is imprisoned in the county jail of Jefferson county, Alabama, by An- drew w. Burgln, sheriff of Jefferson county, Alabama, by virtue of a writ of arrest for the offense of murder, issued by John G. Bradley, clerk of the Grim inal court of Jefferson county, copy Of which writ of arrest is hereto attached. ?. Your petitioner further charges that he Is unlawfully and illegally restrained of his liberty and imprisoned in the coun- ty jail of said county by the said Andrew W. Burgin under said writ of arrest with out bail for that he is not guilty of said ofrense charged in said writ of arrest and Is entitled to be released on bail, or for that under the facts in the case the proof is not evident nor the presump- ton great that he is guilty of the of fense charged in the degree punishable capitally.
 8. The premises considered, petitioner prays that a writ of habeas Corpus may be issued, directed to the said Andrew W. Burgin, sheriff of Jefferson county, Alabama, commanding him to bring the body of petitioner before your honor at such time and place as may be appointed. together with the cause of petitioners de- tention, then and there to do and receive R1aL SnOuAl Dt COlSiucicu IOiCCAiiiht3 him; and petitioner further prays upon final hearing thereof your honor will grant unto your petitioner the right to be released upon his giving reasonable ball.
 Witness my hand this 16th day of July. 1903. WILLIAM WISE Subscribed and sworn to before me. this 18th day of July, 1903.
 (Signed) ROLAND T. STIUGART
 Notary Public.
 Notice Given
 The following also accompanies the ap- To Hon. H. P. Hefin. Solicitor Jefferson County:
 You will take notice that William Wise has filed his petition in habeas corpus seeking bail before the Hon. A. A. Cole man. fudge of Circuit court of Jefferson county which said writ was granted and that the same Is set for hearing on Mon day, July 20, 1903, at 10 o'clock a. m. This, the 1sth of July. 1903.
 (SigneD FRANK 8. WHITE,
 SHUGART & BELL,
 HUGH MORROW, Attorneys for William Wise. accept the Aervice of the above notice. (Signed) H. P. HEFLIN,
 Solicitor The following notice was conveyed to Sheriff Burgin by the clerk of the Circuit court:
 State of Alabama. Jefferson County: To Any Sheriff of Jefferson County-You are hereby commanded to have the body of William Wise. alleged to be detained by you by whatever name the said Will liam Wise is called or charged, with the cause of such detention, before A. A. Cole man. fudge of the Circuit court of Jef- ferson county, on July 20. 190s at 10 o'clock a. m to do and receive what shall be con- sidered concerning the said William Wise Dated this 18th day of July 1903
 signed) A A. COLEMAN Judge of Circuit Court of Jefferson County.
 Received July 16, 1925 D. m., 1903.
 ANDREW W. BURGIN,
 Sheriff of Jefferson County.