The Birmingham age-herald., 1904-06-30
CASE IS
 IN JURY'S HANDS Arguments Were Concluded Yesterday Afternoon JUDGE GREENE'S CHARGE Jury Trying Alleged Slayer of A. J. BanhoIzer Failed to Reach Yer
 dict Last Night and
 Retired Early.
JUDGE GREENE'S CHARGE

county charged with taking the life of Andrew J. Banholzer, by shooting him with a pistol In the lobby of the Metro poltan hotel barroom on the night of January 20. is now with the jury.
 The arguments ended yesterday after noon and after an exhaustive charge by Judge Dan A. Greene the case was given to the jury. It was then 6:90 o'clock. Shortly afterwards the jury went to sup per. returning thirty minutes later. They over the case until o'clock and then failing to agree upon a verdict retired for the night. The jury is in charge of Bailiff John c. Burgin.
 Two arguments were made in the case one for the defense and the other for the state. At the morning ses- sion Robert N Bell, law partner of the defendant, spoke and Solicitor Harrington P. Henin closed yesterday afternoon Tor the state. The arguments of both Of the attorneys were regarded as masterly err forts. They discussed the case in a logi- cal manner and held me close attention of the members of the jury. Solicitor Hefin closed his argument at o'clock.
 Large Crowds.
 The crowds at the trial were unusually large at both session yesterday. During the argument of Solicitor Henin he re- marked that human life in Jefferson coun- ty did not appear to be safe. and Att torney B. M. Allen~for the defense ob- jected to that line of argument The oo- lection was sustained by the court and that part of the solicitors argument was excluded by Judge Greene.
 When Solicitor Heflin closed his argi- ment about four o'clock an adjournment for an hour was taken fer the purpose of allowing the court to go over the special charges presented by the attor- neys for the defense. At o'clock court reconvened, and Judge Greene proceeded to deliver his chargd, which by tho way, was pronounced one of the ablest charges ever delivered in the courts Of Jefferson county. Among the spectators present were a large number of members of the Birmingham bar, and they gave the court their undivided attention.
 Charge to the Jury.
 In charging the jury the court said In
 
 part:
 '.In the administration of law, there are certain functions and responsibilities de- volving upon different individuals, each separate and distinct, and each equally important In It's particular sphere. In the several days consumed in the investiga- ton of this cause, counsel on both sides. under the direction and supervision of the court, have produced for your considera- ton the testimony of the witnesses; and developed hereunder their respective the ories."
 "Counsel have argued to you ably and exhaustively all the different phases of such testimony and its effect. In all of these proceedings. gentlemen, you have been merely passive instruments. being finally prepared to administer the law, fairly, faithfully, and honestly, between the state of Alabama and Roland T. shugart, having due regards for your oaths as jurors to well and truly try, and true deliverance make, and remember innocent from unjust punishment. and at the same time to punish the guilty. with out fear or favor, regardless of the con- sequences. In the discharge of this solemn and important duty you are to exercise your own common sense. intelligence and knowledge of human affairs. but always applied to the evidence given from the stand. This responsibility of deciding up- on the facts rests upon you solely and finally, and in that sphere you are su- preme and when that Is ascertained, it remains for you to apply the law to those facts so ascertained, and render your verdict in accordance herewith. It is the duty of the court to give you the law applicable to this case, and his ren- dition of such law you are to accept as final and absolute, and if the facts as- certained by you, when considered in the light of the law as given you by the court show the defendants guilt of any degree of homicide beyond reasonable doubt, 1t becomes your sworn, solemn and imperative duty, to declare that fact by your verdict, and if the evidence falls to show such guilt. 1t Is equally your duty to so declare" M
 Degrees of Homicide.
 Relative to the degrees of homicide the court charged the jury:
 'The degrees of unlawful homicide which you are called upon to consider in this case, and all of which are included in this Indictment are:
 Murder in the first degree.
 Murder in the second degree.
 'Manslaughter in the first degree.
 Murder in the first degre is the wilsul, deliberate, premediated and malicious kili- Ing of a human being. wilful means gov erned by the will without yielding to reason. Deliberate means. formed with deliberation in contradiction to a sudden and rash act. Premeditated means conni- we'd or designed previously.
 "Deliberation and premediat tion are kin dred terms, and as used in the state meen only that the slayer must intend before the blow is delivered. though 1t be for only an instant of time before, that he will strike at the time he does strike. and that death will be the result of the blow; or in other words if the slayer had any time to think before the act. however short such time may have been, even a single moment and did think, and he struck the blow as a result of an intention to kill produced by this even momentary operation of the mind, and death insued. that would be a deliberate and premcdiated killing, within the mean <fA