The Birmingham age-herald., 1904-06-25
HEFL|N CHARGES ABUSE OF WITNESS Informed That Nose Levy Had
 Been Cursed DENIED BY JOHN T. SHUGAR1 Mild Sensation Created at Morning Session of the Roland T. shugart
 TrlaI-Examinatlo of Wit
 nesses May End Today.
DENIED BY JOHN T. SHUGAR1

informed the court that he had been in formed that witness for the state, Nose Levy, had been insulted by the father or the defendant, John T. Shugart. l Judge Dan A. Greene called court to or- der yesterday morning at e:3o o'clock, and the solicitor requested Judge Greene to retire the jury to the ante-room inas- much as he had a statement to make in open court The jury retired and MT. Hefiin announced that he had been in- formed, that Witness Levy had been ac- oosted in the corridor of the court house by Attorney John r. Shugart after he had l left the witness stand on Thursday, and l had been cursed and badly abused. The | solicitor stated that if such was true he l thought the court should take some ac- tion in the premises. Attorney Shugart who was occupying a seat in the jury box, arose and said that MT. Hefiin's inform ant had told a willful lie He then re- sumed his seat. Judge Greene said that he would investigate the matter at a later time, but did not think the progress of the Shugart trial should be stopped. 1ne matter then passed off, for the time being at least.
 Large Crowds. Large crowds were present at both ses- sions of court yesterday. Both sides are making hard legal fight in the case. It is expected that the defense will finish this morning. that all of the testimony will be In by tonight and that both sides will be ready for the arguments to com mence Monday morning. The members of the juiy are already betraying signs of close confinement, the intense heat in the court room having telling effects upon them.
 The first witness placed on the stand yesterday by the defense was Champ Yeargin, a bartender employed at the Florence bar room He testified that Snug art was at his place about s:so o'clock on the night of the shooting and that he was drinking heavily. The witness said that the defendant broke a whisky glass on the bar counter, while he was in there, and that he staggered out of the place.
 Dr. W. P. McAdory, assistant county physician was called to the stand and he testified as follows:
 Am practicing physician. Was call ed to see Roland T. Shugart on the night of the shooting of Banholzer, the defendant being at the city jail at that time. Shugart was so drunk that he could not stand up. Do not know whether or not any whisky was given the defendant at the jail was examining the defend ant for broken leg and not for drunk ness.''
 Jack Brown, who resides at East Lake, testified that he was playing pool with Shugart on the afternoon before the shooting and that the defendant was at that time drinking very heavily. Saw the defendant that night about 7 o'clock at the Stag saloon. and he appeared to be drunk then.
 pr. J. M. Mason Called.
 Dr. J. M. Mason, county health officer, was next called. He testified: Know the defendant Saw him on the night of the shooting. He was then at Norton's drug store and appeared to be drunk. He was unsteady in his gait and his face appeared to be flushed. Jones Abbott and John Abbott were there at the time.
 Cross examination:
 'It was about o'clock at night when I saw the defendant on the night of the shooting. When I first saw him he was coming towards the drug store. l did not speak to him, but one of the Abbott boys did. Think he said to Shugart: I thought that you was going home.' and think that he replied, Well, I am So far as I noticed nothing else was said.
 Jones Abbott Testifies.
 Jones Abbott was called. q live at West End,' testified the witness. Have known Roland Shugart for several years. Saw him on the night of the shooting My brothers, MT. Collins, and myself were in the Stag saloon when Mir. Shugart came in. The swinging door in the saloon struck him in the face, breaking his eye glasses. I think he was drunk. We were up. He was staggering. He walked into the drug store and stumbled over a chair. Don't think that he would have recogniz- ed me if my brother had not spoken to him.
 Cross-Examlned. Cross examination:
 Think that he was wearing a light moustaches that night. When his glasses were knocked off he stopped down and picked them up. Think that he took one | drink of whisky in the Stag saloon while l we were in there. did not see anyone holding the defendant up while we were | standing at Norton's. The defendant went in the drug store and used the tele- phone"
 John P. Abbott. John P. Abbott, chief deputy clerk of the criminal court, was called. He testified: ..I saw the defendant in the Stag saloon 1 on the night of the shooting. Saw him when a wicker door In the barroom struck him in the face knocking his eye glasses | off. I considered him to be very drunk. l Abe Goodman was the bartender on duty | at the Stag saloon that night. l saw the defendant again at Norton's drug store l told him then to go home. and he said | that he intended to do 50. After leaving | the place he went down Second avenue towards Nineteenth street He wore moustache that night. It was very light | Cross examination:
 No one was with MT. Shugart. l did not see him after he went in the drug l store.",
 Abe Goodman. | Abe Goodman testified that he was a | bartender at the Stag saloon on January 20 T remember the night Mir Banholzer was shot" said the witness. 'I saw Shugart at my place of business on the