The Birmingham age-herald., 1904-02-11
State Rests and Defense Offers Testimony at PreIimi-
 nary Hearing,
STATES EVIDENCE IS
 FLATLY CONTRADICTED
All Witnesses Declare That 6anhoIzer, the Victim of Shuaart's Bullet, Was a Disinterested
 By-stander.

Was a Disinterested
 By-stander.
 The state rested and several witnesses were put on the stand by the defense at the second days session of the pre- liminary hearing of the charge of murder against Roland T. Shugart the young att torney who is said to have shot A. J. Ban holzer in the Metropolitan bar on the night of January 20. Banholzer died eleven days later at the Hillman Hospital where he was carried immediately after he was shot.
 Witnesses for the defense testified at the preliminary hearing yesterday that Shugart had difficulty with two men on Twentieth street between Morris avenue and First avenue previous to the shooting of Banholzer; that he was knocked down by the two men and that they followed him into the bar room, one being armed with a pistol, and the other with large knife. and that after the thre reached the interior of the bar room the difficulty renewed. One witness declared that one of the two men who followed Shugart into the bar room fired the first two shots.
 This testimony contradicts the testi- mony offered by the state. The state sought to prove by it's witnesses that the only shooting done in the bar room was by Shugart.
 n Cta1 l4r.1d tyaa joined the attorneys for the state. All of the witnesses agree that Banholzer was an innocent bystander.-
 The inferior court room. where the case is being tried before Judge H. B. Aber- nathy, was crowded at both sessions yes- terday.
 Court was called to order yesterday ham Wilson, the physician who attended the wounded man, being the first witness called by the state at the morning ses- sion. He testified
 pr. Wilson Testifles.
 q am a physician and have practiced in Birmingham for seventeen years. Knew A. J. Banholzer, the deceased. l was called upon the night he was shot to at tend him. Saw him that night about 10 o'clock at the Hllman hospital. He was then in the operating room and was suf- fering severely from a bullet wound in the abdomen. The bullet struck him about two inches to the right of the navel. It passed through the cavity in the abdo- men and the intestines and lodged in the muscles of the back, just above the hip bone. Think he died nine days after being shot. From the night he was shot he was always in critical condition. He was conscious at times. The bullet wound caused his death. It was large ball. There were eight perforations of the in- testines removed about three feet of the intestines at the operation. The intestines were severed
 oss-examination:.
 q examined the deceased after death. The bullet was never located. l did not probe for the bullet. Did not think this necessary, as I thought the bullet was out of all harms way"
 The ntate announced that service had not been secured on Witnesses D. Evans, c. c. Cantrell and Pat Dowdell The re- turns show that Cantrell has gone ts Texas. Assistant Solicitor Winston stated that the state would like to introduce the absent witnesses later, If they can be found. He said that he did not know to put them on the stand later.
 The state rested shortly after 10 o'clock
 Tomerlin Called.
 John Tomerlin, who arrested Shugart, was the first witness called by the de- fense. He testified:
 'T am a special officer employed by the Louisville and Nashville railroad. ! was at the railroad crossings on Twentieth street the night Banholzer was shot. l heard the shots fired and ran towards Morris avenue. l saw a man in the side door of the Metropolitan bar fire. That was not Shugart. ran up to him and he said, Catch that man. he has killed two men, I ran up Morris avenue towards Nineteenth street and met Officer Brizen- dine caught Shugart on the north side of First avenue between Nineteenth and Twentieth streets. That was the first time I had seen him that night. He appeared like crazy man. He wore no eyeglasses at that time said, Roland, what have you doneY and he said, "romerlin, they were trying to kill me Officer Brizendine took a pistol out of Shugarts pocket. Think that two cartridges had been ex- ploded. Did not see the pistol in the hand of the man who was shooting in the side door of the Metropolitan barroom."
 Cross Examined.
 Cross-examination:
 q have been employed by the Louis vile and Nashville as night watchman for about month. Worked for the Bir- mingham Rolling Mills about four years. My duties with the railroad call me any where from Oxmoor to Boyles Gap. Think that I came down town that night to get a lunch. Was talking to an Alabama Great Southern railroad flag man at the time of the shooting. We were standing about one half block from Morris avenue. I judge. Two pistol shots first attracted my attention. MT. Roper, another railroad switchman, who was FINS E. PERKINS, Dentist,