The Birmingham age-herald., 1904-02-11

to operate on the quiet. Chfef Wier had them warned but they would not heed. and so finally he sent them the last mes sage, which was followed by the frequent visits Of the two policemen.
 Several white men have been arrested on charges of vagrancy, and a score or more have been forced to leave the city. Yesterday Judge Feagin fined H. M Nose and John Perry, Jr., $l5 each on a charge of vagrancy. 1T. J. Mckinley was later arrested on a similar charge and will be tried today.
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 also with me at the time. spoke of the shooting Four or five shots were fired in all. When the third shot was fired was near the man who was standing in the side door of the bar room. Don't know In which direction the pistol was fired. One more shot was fired. This was by Officer Brizendine. I did not see Shu- gart running down Morris avenue to- wards Nineteenth street Saw officer Brizendine running down the avenue. Shugart was opposite the Western Union Telegraph office when first saw him. He was crossing Frst avenue. He ap- peared to be going into A building under course of construction. The man saw in the bar room was rather tall. He called me by name, saying .Tomerlin, catch that - He has killed two men in here.' The third shot sound ed louder because I was nearer the bar room.
 q have been living Birmingham for twenty years. Was arrested and fined one time in the police court on the charge of larceny"
 Redirect examinations:
 T was summoned here as a witness for the state Have been serving as an offi- cer for eight or ten years"
 George T. Howell Called.
 George T. Howell was next called. He testified:
 T live at No. 110 North Twentieth street. Am a law student. Have been here about one year. My home is in Dal- las county, this state. I was standing near the Metropolitan bar the night of the shooting Was just north of the bar room entrance on Twentieth street. Was standing near Bryans barber shop. Will lis Brewer was with we. We had been there probably ten or fifteen minutes. I never knew shugart before the shooting"
 Objection by the state to the witness testifying relative to difficulty between shugart and two other men before the shooting sustained by the court. The ob- jection was later withdrawn.
 nit,
 Street Difficulty.
 'I saw difficulty on the sidewalk pre- vious to the shooting betweens the de- fendant and others. After the first diff fcnlty Shugart went into the Metropol- itan bar immediately. He had the first difficulty with two men. They followed him into the saloon. One was tall fellow and the other was smaller The larger of the two carried double -barrel- ed derringer in his hand The other fell low had knife. with a large blade. It was in his hand and was half opened In the difficulty with Shugart in the sa- loon previous to the shotting the larger man struck him. They clinched then. could see the blow struck. The larger man had a weapon fin his hand. Imme- diately after the blow was struck two shots were fired.
 The larger man who followed shugart Into the saloon fired the first two shots He said: T hit the - - a h---l of lick" The little fellow said: 'I kicked out of him." The two men were probably eight or ten feet behind Shugart when they followed him into the saloon. shugart did not have on eye glasses at that time. The defendant was slightly bent over as he entered the sa- loon. I did not see any weapon about him When MT. Brewer and myself were talking on the side walk I saw Shugart fan over a bicycle in front of the Wood ward Cafe. Two men were standing by him at that time. Shugart got up and went into the Metropolitan bar. the two men following closely behind him. At the time of the shooting I saw two men in the bar room, to the right as you en- ter. Banholzer was shot. He was about ten or fifteen feet from where shugart and the other two men were having the T GI.a x.-k..