The Birmingham age-herald., 1904-02-10

 1 They were in the bar room. McPherson and Levy were in the bar room at the time of the shooting. Don't know who fired the first shot.
 Policeman Mcdonald Called.
 Officer W. J. Mcdonald was called He testifed:
 T have been police officer for a num- Der of years. Have seen Shugart, but am not personally acquainted with him. Officer Brizendine had Shugart when I saw him after the shooting then went to the Metropolitan hotel I thought sev- :, eral other men were shot, in fact had been informed that such was the case. Think Officer Brizendine had Shugart's pistol
 "Shugart made some kind of a state- ment after he was placed under arrest, 1 but l do not remember what he said When l reached the bar room Banholzer was lying on the floor in the rear part. l did not see the wound"
 Cross-examination:
 | T was in First alley between Nine teenth and Twentieth streets when the first shot was fired. l thought at first that 1t was a torpedo. After I saw that Shugart was in the custody of Officer Birzendine and John Tomerlin I told them to carry him to the police headquarters Don't remember whether or not he wore eye glasses at the time I saw him."
 Officer c. w. Norrell testified that he " at ha Mafr
 the shooting He did not see Shueart
 there. Banholzer was in the bar room and a physician was attending him. Saw Shugart at the station house about 12 o'clock the night of the shooting.
 The name of Officer Brizendne was called and he did not respond. After some delay he appeared in the court room and was sworn The witness testi- 1 fled:
 Policeman Brizendne Testifies. l I was on duty near the union passen-
 ger station on the night of the shooting. Don't recall exactly how many shots were fired. I was standing on Morris avenue near the ladies entrance to the union pas
 senger station Was talking to hack
 man. Could not locate the first shot When the second shot was fired I ran
 into the barroom. Two young men ran by me. One said, there he goes. catch him.
 I did not recognize Shugart but followed
 him up Morris avenue to Nineteenth 1 street, Nineteenth street to First avenue. ] and First avenue in the direction of Twen- l tieth street. Both of Us were running and l Shugart was making headway met John i Tomerlin on Nineteenth street and asked | him to join in the chase. Tomerlin caught 1 Shugart on First avenue between Nine- 1 teenth and Twentieth streets. TomerIin is 1 a special railroad officer. think
 q carried Shugart to the city jail When
 l got hold of him some one told me that 1 he had killed two men. He said that he
 would never have shot if they had not
 shot first. I took a Smith & Wesson. 3s- calibre, revolver from him and gave 1t to | Chief Wier. Two cartridges In the revol- | yer had been exploded. Don't think that Shugart said anything else to me about !, the shooting. He ran about two blocks. probably. When joined Tomerlin and Shugart on First avenue they were com ] ing back towards Nineteenth street. Cross examination:
 In Bad Condition. "Shugart appeared to be in a bad cond.- tion. He acted strangely. Could not say whether or not he was under the infiu- ence of whisky or something else. He ap- peared to be dazed. I do not think that he wore glasses at that time" ''Shugart's clothing was wet and I could tell that he had been down on the ground. of his pocket
 At 4:3O o'clock court adjourned until this morning at s:3O o'clock.