The Birmingham age-herald., 1904-06-25
MISTRIAL RESULT
 OF L. & MS SUIT.
JURY FAILED TO AGREE IN CASE OF THE RAILROAD COMPANY AGAINST A GUARANTY COM. PANY TO RECOVER LOSS.

| N% North America on trial in the first divis- ion of the city court, resulted in a mis- trial because the jury could not agree upon verdict. The jury reported yester- day morning after being out all night that it would not agree, and ], was discharged ! by Judge Charles A. Senn. It Is under stood the jury stood eight for the de- fendant and four for the plaintiff.
 The railroad company brought suit against the Guaranty company for SIS, GOO, claiming this amount was lost by the act of Robert NJ. Brown, local cashier in 1901 MT. Brown was Bonded by the Guaranty company and the railroad company claim ed that it lost the amount asked for on account of Mr. Brown allowing the South ern Grain Brokerage company to unload cars without the presentation of bills of lading. MT Brown coptfnded that he had instructions to allow tfE.
 -~~------------------ ---->-----~-~-< - I saw the swinging doors strike him in the face knocking off his eye glasses. He took one drink in the barroom."
 Cross examination:
 When he walked up to the bar I sold him a drink. He staggered out of the barroom.
 The testimony of Policeman F. L. liminary trial, was read to the jury by Solicitor Hefin as evidence for the de- fense. Policeman Brizendne arrested the defendant, shortly after the shooting Harry Stratford. Harry Stratford was the next witness called by the defense He testified that he saw the defendant going into the Metropolitan barroom on the night of the shooting: that two men followed him into the place. About two minutes after wards there was some shooting. One of the men who followed the defendant into the barroom carried a knife in his hand. ''J was near Parker's drug store when 1 heard the shoots fred" said the witness. T had been over on the Southside serv- ing some papers. then went into the union passenger station and looked at the schedule board. I was expecting Jake Meyer, a Chicago travelling man. Don't recall what train he was coming in on. The letter from him was written in New Orleans I do not remember having told Jones Abbott that I did not know any, thing about the difficulty because I was at home asleep at the time. If I did say such a thing 1t was because I wanted to get out of being a witness in the trial. Don't recall having told my uncle that did not know anything about the diff ficulty. I saw Officer Brizendine in the barroom shortly after the shooting. I saw Brizendine a few moments ago in the solicitors office, or a man I took to be Officer Brzendine. I do not know Of- flcer Oldham. I did not personally know Officer Brzendine''
 Court then adjourned for dinner.
 Afternoon Session.
 xxy1,a far \, afternoon session, Policeman John s. Old ham was called by the defense. He testi- fled as follows:
 "I have been a policeman for nearly eighteen years. Was on duty at the union passenger station on the night of the shooting. Two shots were fred and I ran towards the Metropolitan bar. Two more shots were fired. When I reached the side door of the parroom I saw man there with a derringer in his hand. He was tall man with gray hair. took hold of the man with my left hand"
 James Worrell, Uncle Jimmie" was brought into the court room and he was Identified by Policeman Oldham as the man who had the derringer.
 Pistol Introduced.
 The pistol taken away from the defend ant after the shooting was then intro
 
 Chambers. who was desx sergeant of the police department at the time of the shooting, identified the pistol as that of Shugarts. He said that ne carried the weapon to the preliminary trial. A. P. Rich identified the pistol as being one he sold the defendant. The witness testi- fled that in his opinion the pistol de- scribed as being the one used by the de- fendant would fire with a great deal of n1 tvo1Ild Q0 through a mans body, provided it did not strike any bones,
 ross-examlnation: "I am not an expert in gun powder. Am not an expert in weapons. Never was employed in a gun shop. I have seen men shot with a pistol of 32 calibre when the bullet went through the body There are different makes of derringers. I have been shot three or four times"
 He said the pistol would shoot with a great deal of force and a bullet from 1t would go through human body if fired at close range. As aa expert, he said that a bullet from a derringer would go through a body.
 Rich cross-Examined.
 Cross-examination: T have seen a number of wounds produced from a Al derringer bullet. Have also seen a num- Der of men who were killed with a Colts police special like that of the defend- ant
 Chief of Police wier identified the ps- tol offered in evidence as the one taken from the defendant Sergeant T. J. Shr- ley also identified the weapon.
 Emanuel RothschIld.
 Emanuel Rothschilds was called by the defense He testified as follows: sI am in the cleaning and dyeing bus mess. Was standing near the corner of Morris avenue and Twentieth street on the night Banholzer was shot. I saw the defendant staggering down Twentieth street. l kept my eye on him and wheR he reached the Woodward Cafe I saw two other men in front of him. Afterwards l saw MT. Shugart lying in the gutter He finally got upon his feet and came on down Twentieth street and turned into the barroom. The hands of one of the other two men was at his sides. The larger one of the two carried a weapon in his hand. The two men followed the defendant into the barroom. In there the three men were scuffling. Mir. Shugart's s back was towards me and the other two men were facing me.
 1T saw the two men grab Shugart and l the larger man of the two struck down upon Shugart with the weapon. heard