The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-02-15
BREWER WILL Be
ON TRIAL TODAY
Will Be Heard by Judge Aber-
nathy on Contempt Charge.
WAS ARRESTED SATURDAY
There Was Considerable Conflicting
Testimony Offered at the PreIlmi-
nary Hearing of the Shugart
Case and Two Contempt Cases.

Willis Brewer, Jr.. an attorney who has
been in Birmingham only short while.
will be tried this morning at $3.50 o'clock
in the inferior court of Birmingham, be-
fore Judge II. B. Alternately. for con
tempt Of court He is the son OF Hon
Willis Brewer. who represented the Fifth
Alabama district in congress for two
terms.
The arrest CT Young Brewer for con-
tempt of court was made as the Roland
T. Shugart preliminary hearing was end
ing late Saturday evening in the infer
Tor court shugart was tried last week
on the charge of killing A. j. Banholzer
in the Metropolitan barroom on the night
of January 2o.-As Solicitor Harrington
P. Helm was making the closing argu-
ment in the case he said that. in his
opinion, Brewer, one of the witnesses for
the defense had sworn falsely. Brewer
was in the court room at the time and
denounced this as lie. He was i'm
mediately arrested by order of the court
and would have been sent to the county
jail but for the pleadings of the attorneys
on both sides In his behalf Judge Aber-
nathy then decided to continue the mat
ter over until this morning
Second Contempt Case.
This was the second case of contempt
Of court during the progress Of the pre-
liminary. Attorney Robert NJ Bell for
tho defense and Solicitor Helm came to
blows during the early part Of the trial
and were fined $40 each by Judge Aber-
nathy. This fine has not been paid by
either of the lawyers and Judge Aber-
nathy will this morning take up the mat
ter again and hear reasons why the fines
should not stand.
The result of the Shugart preliminary
hearing was one of the most important
matters discussed yesterday. The de-
PENDANT was bound over to the grand
jury without ball on the charge OF MUIR
der In the first degree. He was immedi-
ately taken back to the county jail by
Deputy Sheriff Mullan The defendant was
arrested Immediately after the shooting.
and was first carried to the city jail
by Officer Brizendine. Later he was car
ried to the county jail on a warrant sworn
out before Judge Alternately charging as
sault with intent to murder. Banholzer
lived eleven days after being shot. When
he died another warrant was issued by
Judge Alternately charging murder in the
first degree.
The defense in the case. 1t developed in
the argument was that the defendant
was too drunk ON the night of the shoot
ing to have held malice towards anyone,
and was therefore not guilty OF murder
In the first degree A number Of wit
nesses testified that shugsrt was drunk
and was In dazed condition.
Conflicting Testimony.
There was a great deal OF conflicting
testimony offered at the preliminary, and
this fact was mentioned by the attorneys
on both sides during the course Of their
arguments in the case.
The defendant and his father were APP
parently confident that the court would
allow ball, finding him guilty Of murder
in the second degree. Just before the de-
cisior was rendered Saturday night John
r. shugart, the father of the defendant.
told his son that he wanted him to como
out to his house and spend Sunday after
noon; that his mother was unwell and
was quite anxious to see him. shugart
said that he would be there IL bail was
allowed him.
Whenever l finish my work In the az
ternoon I intend to go straight home and
stay there with my family until the next
morning." remarked Shugart to a friend
before he was remanded TO jail. He has
a wife and one child. His home is on
North Eleventh avenue
The grand jury does not meet until
April. 1t is understood the defendant will
corpus proceeding.