The Birmingham age-herald., 1904-03-02
New Testimony introduced at
 Habsas Corpus Proceedings HEARING WILL END TODAY
Assistant County Physician McAdory Swears That A. J. Banholzer's AL legged Slayer Was Drunk on
 Night of the Shooting.

associate judge of the criminal court oi Jefferson county, will come to an end this morning. It is rot kpown whether Judge Greene will render decision in the case immediately after the arguments are made. or not. The testimony offered at the recent preliminary trial of the de- fendant was offered by both sides at the beginning and the court will consider all of this, which is great undertaking be- fore the decision is rendered.
 Shugart, who is a young attorney IS confined to the county Jail on the charge of murder, it being alleged that he fired the shot that caused the death of A. J. Banholzer Banholzer was shot in the Metropolitan barroom on the night or January 20 and died eleven days later.
 If bail is allowed the defendant by Judge Greene and the bond is executed and approved he will be released from the county jail immediately, inasmuch as he cannot be held pending an appeal to the supreme court on the decision. He hsj not been indicted and therefore the state cannot appeal the case On the otner hand If bail is denied him he will go back to jail to await the action Of the grand jury, which meets next month. About two weeks ago he was denied ball by Judge H. B. Abernathy of the inferior court at a preliminary trial.
 Many Witnesses.
 Yesterday, the second day of the pro- ceedings, many witnesses were examined. There was no regular order or ex- animation. witnesses being introduced by both sides during the progress or the proceedings. This was done by agree ment. and to a certain extent for the convenience of the witnesses, several Of u,born came to Birmingham from other places to testify.
 Witnesses were introduced to testify as to the reputation of the defenoaht' and all swore that it was good. Ihe witnesses introduced by the defense swore that Shuwart was drunk or drinking on the night of the shooting. This morning pr. B. l.. Wyman, who is considered an expert on mental diseases, will testi1y as to the effects of alcoholic poisons on the brain This will end the testimony and the arguments Il begin immediate ly. They will only last in all two hours
 When court was called to order yes terday morning shortly after 10 o'clock Attorney B. M. Allen for the defense an- nounced that several character witnesses had been summoned to testify at the morning session.
 Solicitor Objects.
 we object to this,'' said Solicitor Hefiin 'fnasmuch as the character of the defendant has not been assailed.
 Judge Greene-sI will overrule the ob- jection."
 P. s. Miller was the first character wit ness called He testified:
 "I am surveyor of Jefferson county. Know the defendant. His reputation for peace and quiet in this county is good'
 Cross-examined:
 q live at West End and have offices in the court house Never was with Shugart at night Have never heard his character discussed either one way or the other.
 Judge A. A. Coleman of the circuit court testified:
 q know the defendant and have known him for several years. have never heard his reputation questioned up to this period His reputation has always been good. l have seen him in court and on the outside and was frequently in con- tact with him.
 Cross examinations:
 "I do not run round with the boys at night. but do in the day time frequently"
 Have never hearu of Shugart's asso- ciates at night. Have always heard him discussed as promising young man '
 w. E. Knox of Anniston.
 w. E. Knox of Anniston, appeared in the court room and was introduced as one of the witnesses for the state. He was sworn and testified as follows:
 My home is in Anniston. 1 am the superintendent of the Alabama Mineral division of the Louisville and Nashville railroad, and have been for the past ten years. Was in Birmingham the night of January 20. Was in the Metropolitan bar room about 10 o'clock. I went in there with John A. Bishop of Sylacauga. We entered by way of the front door. There were two or three people standing at the bar beyond Mir Bishop, who was at my left. There might have been two or three others at my right, nearer Twen- tieth street. We had just given our or der to the bartender when l heard a sound very much like the explosion of a small torpedo. Just at that time turn ed and saw a man with a weapon in his right hand. The man held the gun in downward position. I saw a cloud of smoke. He then stepped out of my vision
 T heard two other shots fired. These were fired between the front door and the screen inside of the bar room The man then walked to the rear door still a black moustache, but did not wear glasses. (The witness failed to recognize the defendant in the court room).
 Did Not Observe Condition.
 T did not observe closely the condition of the man with the pistol. except to notice that he had a rather fixed gaze. He wall> steadily. I could not say that he was drinking. He was oniy at the side door of the bar room for an instant. Think he had dark eyes,
 Cross-examination:
 T had only been in the barroom short while when the shooting commenced. My friend and myself went there from the Union passenger station, where we went to see friend off to Cincinnati I did not pay special attention to anyone In the