The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-06-28


about $50 o'clock when I saw him. 1
saw him enter the place and order
drink. He seemed to be drinking. He
came over to where l was sitting and
asked me to have drink with him.
which I refused. He was then trying to
fix his eyeglasses which were broken.
The defendant asked me If | was going
to remain in town at night, and 1 said
that l was not. He then said that he
was going home and teach his little child
a Sunday school lesson"
Cross examination:
John Abbott and Jim Abbott were in
the barroom with me that night John
Abbott advised the defendant to go home
on account of his condition. I do not
know how many children the defendant
has"
officer L. V. Shoenfield was called by
the state. He testified;
II have lived in Birmingham since 1886.
Am a special officer. Knew Banholzer
during his life time. Went out to the
, cemetery Saturday morning when The
body of the deceased was dis-interred.
Pr. Cunningham Wilson, another physi-
clan, young an Sexton Lambert. Mr..
Forney and three negroes were present.
The body was taken out of the casket
and bullet was removed from the thigh
bone Of the deceased. 1t was removed by
DR.. Wilson. I recognized the body. 1t
| was Banholzer."
The witness was not cross examined.
Removed the Bullet.
DR.. c. e. bowman, medical student.
was called. He testified:
II went out to the cemetery Saturday
morning with DIR. Wilson, when a body
was disinterred. 1 removed the bullet
from the corps The bullet entered the
body to the right of the navel. l traced
the bullet and found 1t lodged in the right
hip bone deeply embedded"
DR.. Cunningham Wilson was called into
the court room and he produced a bullet.
| DR.. bowman identified the bullet as
the one he had removed from the corpse.
Continuing the witness testified; Il took
the bullet out and gave 1t to Dr. Wilson"
Range of Bullet.
| Cross-examination.
| 1.-THE bullet took a downward range al
ter it struck the body of the deceased
We did not look for other bullets after
we found this one. Could not say now
many other bullets there were in the
corps. The signs Of the operation per-
formed by DIR. Wilson at the time the
man was shot were visible
DR.. Cunningham Wilson.
y DIR. Cunningham Wilson testified;
II have been a physician and surgeon
for twenty years. l knew the deceased
during his life time. There was only one
wound on his body. | saw the body taken
out Of the grave Saturday morning. Or.
bowman cut in and removed the bullet
from the right hip bone, where II was
| buried. I took charge of the bullet and
have had it since the time. l was not
present at the funeral of the deceased
The bullet was taken out of the body OF
Banholzer. l identified the corps. me
weight of the bullet is 100 grains
REORGANIZATION: "The bullet was
weighed by apothecary weight. We weni
to the graveyard about 4;SO o'clock Sat
urday morning. had never before traced
the course of the bullet. l only looked
after the damage 1t had done. After
entering the body of Banholzer the bull
let probably Travelled ten inches Evident
ly the pistol used was fired downwards.
1he solicitor and DR.. bowman were with
me when 1 weighed the bullet today.
John C. Forney, Sexton j. p. Lam
| bert. officer Schowfeld, myself and three
negroes were at the examination. The
body had not been taken up at the time
l arrived at the cemetery. l went out at
| the request of Mr.. Forney. There was no
representative of the defendant present.
l saw the grave opened and the body re-
moved from the coffin. : am not an
expert on bullets"
Shortly after o'clock the state an
nounced that it had closed and the wit
nesses in the case were discharged
/, Judge Greene then announced that he
would allow three arguments to be made
on each side, with limit Of twelve
houys for all of them--six hours for the
| defendant and six for the state.