The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-02-12

uary 20, in the Metropolitan bar room.
He died from the effects of the single
bullet that took effect eleven days later
at the Hilman hospital
As result of evidence offered by J..
P. Mcpherson. a bartender. who was on
duty In the Metropolitan bar the night
of the shooting. Jimmy Cross an engineer
has been summoned to appear before the
Inferior court where the preliminary is
being conducted, as a witness for the
state. Cross, 1t is alleged, is the old man
who displayed derringer in the bar room
shortly after the shooting.
Street Trouble.
b. b. Pierce, a telegraph operator testi-
fed yesterday afternoon that man, who
gave his name as Cantell, and Shugart
had some trouble ON Twentieth street.
just in front of the woodward cafe, a
few minutes before the shooting. Another
man. whose name is unknown to the wit
ness was with Cantell at the time.
Cantell was summoned as a witness
for the state at the trial. He could not
be found and the report of the deputy
sheriff wh04went to serve the subpoena
reads:
Last account Mr.. Cantell left here for
Smithfield, Texas, to secure a position.
Mullan, deputy sheriff. February 10. 1904 :
Deputy Sheriff Mullan stated yesterday
afternoon that he went to No. 2221 Fourth
avenue, where Cantel is supposed to have
lived about week ago to serve the sum-
mons for him to appear as a witness, and
that he was informed Cantel had gone
to Texas to secure employment.
Large crowds were present at both ses-
sions of the court yesterday. The attor-
| neys for the state have issued summons
for several other witnesses and yester-
day afternoon a motion was made by
that side to have the preliminary hear
ing continued until Monday morning, on
account of the witnesses not being able
to come to Birmingham before that time.
Several witnesses who reside in Montgom-
cry have been summoned to appear. Judge
H. B. Alternately before whom the case
is being tried took the matter of con-
tinuance under advsement, and will rem
der a decision in the matter this morn
ing.
y. u. Worcndm Cdlleu.
The morning session of court was called
to order shortly after 10 o'clock yester-
day. ]. G. worsham was the first wit
ness introduced by the defense. He testi-
fed:
II reside at No 623 South Twenty-third
street, Birmingham. Have lived In this
city since 1889. l remember the night
~1,o I IL,
politan bar room after the shooting. Was
in there about 10 o'clock at night. Ban
holzer was still there. He was In the
rear part of the bar room. While in the
bar room I saw a double barrelled der
ringer in the hands of Mcpherson, one of
the bartenders who was on duty at the
time He handed it to tall man. l know
this man when I see him. but do not
know his name. Have seen him since the
night of the shooting. Don't know wheth-
er or not the derringer was loaded"
Cross-examination:
'I was in the bar room where the
shooting is said to have taken place about
10 o. clock that night Was near the Metro
politan Hotel when l first heard about
the shooting. When I entered the bar
room a crowd of people were In there.
I was in the bar room probably half an
hour. The first l saw of the derringer
mentioned before, was when Mcpherson
handed 1t over the counter to the tall
man. who was standing there. 1t was a
nickle plated weapon. The tall man, who
took the derringer from the bartender, put
1t in his pocket took an Avondale car
after leaving the bar room and went d.
rectly home"
Policeman Oldham.
The defense called the names of several
witnesses without response. and Attorney
b. NJ. Allen, for the defense. stated that
Policeman j. s. Oldham was an impor-
tant witness for the defense. but that the
officer was at home suffering from rheu-
matism, and could not come to court. 1t
was then decided by both sides to adjourn
court and for the attorneys and Judge
and take his testimony.
Court then adjourned until o'clock. and
the trip made to the residence of OFFICER
Oldham at Jonesville. The following were
in the party: Judge Alternately, Attorney
Hugh Morrow and Attorney John T. Shu-
CART for the defense; Assistant Solicitor f..
W. Winston, Stenographer Jack w. Stall
lings, Roland T. Shugart, the defendant,
Deputy Sheriff Muf1and and the 'represen-
tatives of the press.
On reaching the home Of the officer he
was sworn by Judge Alternately. He tes-
titled:
II have lived in Birmingham and have
been an officer here for nearly eighteen
years I knew one of the Shugart boys,
but don't think know Roland, the de-
PENDANT. I was on duty at the union pas
senger station the night of the shooting
was in the Louisville and Nashville
railroad fagmans house at the Twen-
tieth street crossing at the time the first
shots were fred Immediately after the
first shots were fired I went into Il
Metropolitan bar. l heard three shots
at first and saw some one run. A hack