The Birmingham age-herald., 1904-06-24
STATE RESTED IN
 TRIAL OF SHUGART Two New Witnesses We're h.
 troduced Yesterday FIRST WlTNESSFOR ORDEFENSE Testimony of Policeman 5rlzendlne, Deceased, Will Be Submitted to the Jury ThIs Evening By Agree
 ment4 4-Nothine New.
;IRST WlTNESSF0R DEFENSE

on trial before a jury in the first division of the criminal court, Judge Dan A. Greene presiding, charged with taking the
 life of A. J. Banholzer. The shooting occurred in the Metropolitan bar room
 wednesday night. January 20. Banholzer died at the Hiliman hospital ten days
 later. The defendant is on bond. During the proceedings yesterday two new witnesses were put on the stand by
 the state Both testified that they were eye-witnesses to the tragedy.
 Superintendent Knox Testlfies. When court was called to order yester-
 day morning at 9:SO o'clock W. E. Knox, superintendent of the Alabama Mineral
 division of the Louisville and Nashville railroad, with headquarters in Anniston.
 was called by the state.
 He testified:
 1T was in the Metropolitan hotel bar
 room on the night of the shooting, about 10 o'clock While in there I heard a
 sound from the front of the building
 which I thought was the explosion of a
 torpedo. I then turned and saw a man with pistol in his hand, the weapon be- Ing pointed downward This man was of medium size. There were several other persons in view. The man who did the shooting stood there for short while and then passed entirely out of my view. Other shots were fired after he disap- peared. He left the bar room by way of
 the side door leading to Morris avenue. He was not moving very rapidly. I do ~.4~.
 He had a dark moustaclne.
 cross-Examined. Cross examination:
 '"The person standing at the bar to my
 right was some ten feet from the screen
 which divides the bar room proper from fore was served by the bartender. I
 heard some noise as if it were the snuff fling of feet later"
 Typewritten evidence offered by the
 witness at the habeas corpus proceedings
 with reference to hearing some noise was then submitted to the witness by Attor- | ney Allen Continuing MT. Knox testi- fled:
 'The man who. did the shooting had a dnrt n A1lodSldtuC anu was HUI NtdIitiS eye glasses. and do not think that he wore
 an overcoat. My friend MT. Bishop of | Syiacauga who was in the bar room with | me, and then left. The man who did | the shooting did not shoot back into the bar room as he started out of the side door. Another person, a man probably 1 45 or 50 years of age, passed out of the door with me, or rather just before me. 1 He had on a dark overcoat and wore a Van Dyke beard. saw him pull little derringer from his pocket There were several shots fired on the outside of the bar room before I left there. No one grabbed the man who did the shooting and I did not see him stumble over any boxes The man with the derringer left 1 the room hurriedly and appeared to be 1 greatly excited-'
 Nose Levy Testlfies. 1 Nose Levy was next called by the state. 1 He testified as follows:
 My residence is In Birmingham. Have resided here for twenty-two years. I was I at my place of business at the Metropoli- 1 tan barroom on the night of January 20. 1 The shooting took place there that night. l At the time was behind the cigar stand waiting on a customer. Was near the screen. My face was towards the shelf l when the first shot was fired. Can't tell at what point in the barroom the first l shot was fired. It was on the inside; cant { I tell how far. however. Two shots were l fired in rapid succession. l immedia tely | turned around and saw the defendant. | He was then standing in the opening and had gun in his hand. I saw him shoot again. He was then within eighteen 1 inches of the partition. Could not say which way the gun was turned. MT. Ban- holzer had been in the place talking to Arthur Gladhill for probably thirty min utes.
 sI saw three men enter the barroom. They were punched together with Shu- gart. This was after the first two shots were fired. The men were probably three feet from MT. Shugart. They seemed 10 be trying to get out of the way of the pistol One of them had Mir. Shugart by the arm. The other two seemed to be irving to get out of his way. l only saw one pistol and Mir. Shugart had it. had not taken a drink that night. After the last shot was fired someone said, He has killed a man. Motion to exclude this statement sustained by the court.l MT Shugart left the place by way of the side door, He had a weapon then in his hand. Shugart did not fire his pistol
 as he went out of the barroom. I was
 selling a bottle of whisky to a man when
 MT. Shugart came into the place. Don't
 know who the customer was. man came in there and asked for va1ise that he had left with me previously. This man
 was James worrelI, known as Uncle Jimmie.'
 cross-ExamInation Cross examinations
 "I was looking north when the first shot was fired Worrell, Gladhill Ban holzer and myself were in the cigar de- partment. Have heard the names of the three men who came in. One was O Brien, the other Cantrell and the third I do not know.
 "Ar. Shugart was near the center of the opening when I first saw him. He
 was standing still. Cannot say how he was dressed that night. Think he wore a
 moustache that night. Uncle Jimmie
 Worrell had a moustache also. I did
 not see anyone in there with a Van
 Dyke beard neatly trimmed
 "I was not excited in the least. Did
 not have time to be so. Did not see any
 one but the defendant go out of the side
 door. After MT. Shugart got out of the door two more shots were fired could not see these flashes. Did not notice my difference in the sound. "Only one man had hold of Mir. Shu-
 sart This was the little man of the
 three. The other two were standing around
 Shugart. l did not see MT. Knox in the
 barroom. Did not notice anyone in the place. Do not know when MT. Shugart
 came In. Don't think the defendant wore
 an overcoat. Did not see anyone follow