The Birmingham age-herald., 1904-02-01
End Game Yesterday Afternoon
 About 5 O'clock SHUGART SLEPT AND
 DID NOT KNOW OF DEATH
Funeral Services Will be Conducted This Afternoon from Residence of John c. Forney-charge
 Will be Changed.

l Andy Banholzer died yesterday after noon at o'clock at Hillman hospital from the effects of the bullet wound re- ceived at the hands of Roland T. Shu- gart on the night of January 20. The shooting occurred in the Metropolitan bar, where Banholzer stood talking to a friend. Banholzer's death was very un- expected.
 The body was taken to the residence of John c. Forney, brother-in-law of the de- ceased and prepared for burial. The funeral. services will take place this after noon at o'clock from the residence of MT. Forney and the interment will be in Oak Hill cemetery. The Rev. Dr. J. W Stagg will conduct the services. Shugart has not yet been informed of the death of Banholzer. He is in the county jail on charge of assault with intent to murder, and he expected to be able to make bond today had the con dition of the dead man been as good as it was Friday or Saturday. The jail author tiles said they did not notify him of the death of Banholzer because they did not wish to break his nights sleep.
 Murder Charge.
 The charge against Shugart will be 1 changed this morning, and an additional warrant will be sworn out against him before Judge H. B. Abernathy of the inferior court. No warrant was served on him last night. The case of assault with intent to murder will be dismissed.
 The circumstances of the shooting were peculiar and sensational Banholzer and Arthur Gladhill. friend of his, were standing in the cigar stand vestibule of the bar talking about Masonry It seems that Shugart had some trouble with some railroad men across Twentieth street from the saloon and that they knocked his glasses off and he claims stamped him in the face. He went to the saloon and ordered a drink. He folded his arms on the bar and laid his head on them. Just as the drink was served he raised himself up slightly and said to Bartender J. M. McPherson: II am going to kill the first that comes in to that door" With that Shugart stepped back, drew is pistol and fired one shot which entered Banholzer's ab- domen. Shugart fired a second time and then stumbled backwards over a case of whisky which yves in the middle of the ofior. Here it Is said, a railroad man grappled with him, and Shugart struck the man over the head with his pistol. | Shugart then ran out of the side door of the saloon. As he started out of the door he turned and fired a third shot, which struck over the fxings of the bar.
 The Deceased.
 The deceased was foreman of the Bir- mingham Machine and Foundry company, and was considered one of the quietest and most peaceable citizens of East Bir- mingham, where he lived. His only rela- tive in this part of the country was Mrs. J. c. Forney. his sister.
 Shugart is the son of John T. Shugart. one of the most prominent attorneys in the city. He is g years old and has wife, who lives on Eleventh avenue be- tween Twenty second and Twenty third streets, north. Shugart is in the law firm with his father.
 For several days up to Friday night 1t was thought that Banhozer would live. but serious complications set in and Dr. Cunningham Wilson, who attended him at the hospital feared that he would not recover On Saturday Banholzer's condi- tion became alarming and yesterday morning it was seen that he had no chance to live
 Judge H. B. Abernathy, before whom the warrant charging Shugart with as- sault with intent to murder, had stated that he would allow Shugart bond as soon as Dr. Wilson would give certifi- cate to the effect that Banholzer would probably live. It was thought that Shu- gart would be able to make bond today, and he went to sleep last night with that expectation.
 Since the shooting John T. Shugart. father of the man in jail, has stated that he discovered evidence that his son was attacked in front of the Joe Wheeler res- taurant by three railroad men, who were attempting to rob him of roll of money he had in his pocket. The three men have never been arrested.