The Birmingham age-herald., 1904-02-10
Inferior Court Room Was Very Much Crowded With
 Spectators STATE INTRODUCES
 SEVERAL WITNESSES As the Defendant Entered the Court Room He Shook Hands With the Brother-in-Law of the
 Deceased.


 Roland T. Shugart. the young attorney at law commenced yesterday afternoon be- fore Judge H. B. Abernathy of the In ferior court. The hearing will probbaly last all of today, and perhaps longer. Shugart is charged with the murder of A. J. Banholzer. He was shot in the Metropolitan hotel bar on the night of January 20. Eleven days afterwards Ban holzer died at the Hillman hospital, where he was carried shortly after being wounded.
 Judge Abernathy's division of the h. ferior court, located in the Allen building was crowded sometime before the time set for the hearing which was o'clock. It was difficult matter to secure chairs for the attorneys in the case and the members of the press found it a hard matter to secure a place to work
 Tried to Get Larger Quarters.
 John c. Forney, a brother-in-law of Banholzer. who is one of the attorneys in the prosecution, made an effort to se- cure the use of the council chamber of the city hall, in which to conduct the hearing. MT. Forney is a member of the city council and he made the request of Mayor Drennen for the use of the chamber The mayor told him that he could not give the desired permission without first obtaining consent of the members of the city hall committee of the city council This plan was then drop ped
 Before this, Solicitor Harrington F. Hefain and Judge Abernathy made an at tempt to secure one of the court rooms in the courthouse but were unsuccessful. Judge Abernathy then told the spectators that they would have to make room for the witnesses deputy sheriff cleared the court room to certain extent.
 Shugart in Court House.
 Shugart has been in the county jail since the night of the shooting He was brought into the court room yesterday afternoon about AS o'clock by a deputy. He appeared at ease. John T. Shugart. his father and s. c. Shugart, brother. both of whom are also lawyers, accom- panied him in the court room. The other attorneys followed closely.
 As Shugart entered number of friends of the young man shook hands with him. Later he shook hands with Judge Aber- nathy and with Attorney Forney.
 The defendant is represented by Attor- neys Robert N. Bell of the firm of Shu- gart & Bell; Hugh Morrow. Lee c. Brad ley and Judge B. M Allen, and his father and brother.
 Solicitor Hehin. assisted by Assistant rr Forney. are conducting the prosecution.
 The case was called at 2:15 o'clock and both sides announced ready after the roll call of the witnesses, majority respond ing. The rule to witness was invoked. A recess was then taken and the attor- neys for the defense and Shugart retired for conference.
 First Witness.
 Arthur Gladhill, who was with Banho1- ger at the time he was shot. was the first witness called by the state He testified:
 'I live at No. 1716 Third avenue. Bir- mingham, and am blacksmith by trade. Knew Banholzer and remember the night he was shot. The shooting occurred on the night of January 20, this year. Was Wltn nlIIl dl tnt tlfiles anu Hdd Dccn Wlth him for about two and a half hours. He was shot while standing in the cigar stand of the Metropolitan bar. A parti- ton separates the bar from the cigar stand.
 'Banholzer and I were standing there and heard shot fired. He then fell at my feet. We were near the liquor case in the cigar stand. Had been there probably thirty minutes. I do not know Roland T. Shugart. Don't remember having seen him in the bar room at the time of the shooting. The first shot was from the rear of the bar room. Two shots were fired in rapid succession.
 After he was shot Banholzer exclaim- ed ''I am shot" He was then facing me- I did not examine his wounds at that time Some young doctor came shortly after the shooting. I know J. P. McPher- son and Nose Levy. They were in the saloon at the time of the shooting. Ban holzer lived until the Sunday afternoon week following the shooting. He died al the Hillman hospital.
 Had No Trouble.
 "we did not have any trouble with Shugart or anyone else previous to the shooting. After being shot Banholzer asked me who fired the shot. and told him that I did not know. He then asked me to telephone to pr. Cunningham Will son and to John c. Forney, his brother in-law. I did not see anyone run out of the barroom after the shooting. Banholzer was shot in the abdomen about two inches to the right of the navel.
 Cross-examination by Attorney Allen: we had been in the barroom some time. Don't remember how many people were in there at that time. The first shot attracted my attention. Quite crowd of people gathered in the barroom after the shooting. I went with Banholzer to the hospital. Did not notice anyone else in the cigar department at the time of the shooting"
 McPherson Called.
 James P. McPherson, one of the bar. tenders employed by the Metropolitan bar, who was on duty at the time of the shooting. was the next witness called by the state. He testified:
 s.I am a bartender at the Metropolitan bar. Have been employed there for nearly seven years. Knew Banholzer for about