The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-02-11

had come in. Don't know exactly where
Shugart was when I first saw him. Five
or six men were standing around on the
sidewalk in front of the Metropolitan
hotel. when I passed. At first [ did not
recognize shngart and turned around
and gave him a second glance. The two
men followed Shugart into the saloon.
After the shooting I went back in the
saloon and saw Banholzer on the lioor'
John C. Stewart Called.
T John C. Stewart, IAN employee of the
Woodward cafe was called oy the defense.
He testified:
II live atfForty-slxth street and Tenth
avenue, Kingston Was working for the
Woodward cafe at the time Banholzer
was killed Was behind the counter. Saw
Shugart standing in front of the restaur-
ant Immediately before the shooting. He
was scuffling with two men. One of the
men hit him under the chm. Think he
was a large man. Shugart was Knocked
over two candy buckets filled with oy-
ster sheels. He landed on his head. In
getting up he turned over a bicycle that
was standing against the curb stone lie
got up and walked away. Am not person.
ally acquainted with Shugart." Tile Wit
ness identified the defendant
Don't think that I would recognize the
two men that had the difficulty with
Shugart If l met them ON the streets.
cross-Examined.
Cross animation:
1.-THE counter in the Woodward cafe
is several feet from the door. Had seen
Shugart before the night of the shooting,
but did not know him personally. l re-
marked to a man i'm the cafe after Shu-
CART had been struck that was the hard
est blow | ever saw struck Shugart
went in the air and landed on his head.
His feet came down the bicycle. |
heard the shottings 1t was Immediately
after the Shooting. ] did not count the
shots. Was getting out of the way of
danger. Did not hear any cursing on the
sidewalk. AS l looked out the large man
was scuffling with Shugart. Did not see
anyone kick shugart after he was down
on the ground. Could not tell in which
direction the three men went
Willis Brewer Testifies.
At u O'Clock court adjourned until 2
for dinner. When the afternoon session
vase allied to order Willis Brewer, Jr.,
was placed on the stand by the defense.
He testified:
Am son of Willis Brewer of Lowndes
county, and am a lawyer. Practiced in
Montgomery nearly two years. Am a
graduate of the University of Alabama.
Reside in Birmingham now. Have been
here about six weeks Live at No. 10
North Twentieth street. Have known
Shugart for about four and a half years.
Remember the night Banholzer was shot.
At the time of the shooting l was stand
ing in the Metropolitan bar room door.
Previous to the Shooting I thought that
I saw Shugart fail over a bicycle up
Twentieth street. was talking to Mr..
Howell at the time The noise of a scuf-
ne up the street attracted our attention.
Later Shugart passed by me and l bow
ed. He evidently did not recognize me
as he did not speak. Don't think that
he wore eye glasses at that time | was
in the same class with Shugart at the
University of Alabama and we graduated
together. | never saw him without
glasses before. He came from the direc-
ton that night where l saw man fat
over a bicycle. After passing me Shu-
CART went into the bar room. Two other
men followed him in. One of these men
was taller than the other. These two
men were Strangers to me- As they pass
ed Howell and myself they were talking.
One of the men had a pistol in his hand.
tie fellow said there is the -
-" The other man said something
about hitting someone. l watched the
two men closely. just as they got on
the inside of the saloon partition there
was a mixup. Two gun shots followed
quickly Think the big man fired the
first two shots. Six or seven shots were
fired in ALL The big man struck the man
thought was Shugart. The shots were
fred shortly afterwards. l did not see
the man who was shot,