The Birmingham age-herald., 1904-03-02

htHSfO cfN ---- --- ----- barroom. I did not know the bartender. as do not visit these places very often. J. P. McPherson, the bartender on duty the night of the shooting was brought into the courtroom, and the witness said that he could not say whether or not he was the one that took the order for him. Continuing he testified that he did not hear any conversation between the bar tender and anyone just before the shoot ing. T did not see anyone lay hands on the young man who had the pistol in his hand. 1 heard three or four shots on the outside After the shots were fired Mir Bishop and myself left the barroom by the side door. This door closed as the man with the gun in his hand left. did not see man with gray hair there.
 Man With Van Dyke Beard.
 "A man with a Van Dyke beard pulled a derringer and held 1t in his right hand as he walked out of the side door. Should judge this man was about 50 years of age.
 After the second shot on the inside I heard a man in the front part of the barroom groan Did not see any police man as I left the barroom. Am not cer- tain as to how the man with the pistol was dressed. Am positive, however, that he did not wear glasses, and am certain that he had a moustache. He was about the size of John Forney, but was prob ably not so heavy. Don't remember what became of the bartender who was serv- ing me-
 Redirect examination:
 There is a passage way between the screen and the wall in the barroom. The man was near the side door when he pull ed the derringer'
 pr. McAdory Called.
 pr. w. P. McAdory, assistant county physician. was called. He was witness for the defense and testified as follows:
 Have been the assistant county physi- clan for about three years and half. I saw Shugart, the defendant. the night of the shooting of Banholzer. about II o'clock at the city jail. l attended him professionally. He was drunk at the time, and was unable to stand up or to walk Ills condition was abnormal. Alco- 1Onc silInuld1lS QD ilOt ellttt dll dllke. IL makes some people wild and others quiet. I have known Shngart since 1892. and think that that l am acquainted with his temperament. I have no idea how much whisky he had taken that night. He was wild and fighty and extremely nervous He had to be supported when he was on his feet. I administered drug to make him empty his stomach, .and another to quiet his nerves. This was necessary. I F<xx. .1..4 1. .f~"- l. T of whisky in it.. X
 Judge Greene: Were his statements disconnected?"
 Witness They were,'
 On cross examination the witness testi- fled.
 "The city warden telephoned and asked me to come to the jail. saying that Dr. Whelan. the city physician, could not att tend Shugart. When first saw Shugart at the city jail he was almost laying in chair in the warden's office The excite ment of shooting man might cause a physical collapse.''
 Lengthy Question.
 By Attorney Stallings: Now, doctor. if man was to shoot a man at the Metropolitan bar, then walk out of the bar, then to the side door at Morris ave- nue, and then run from that door to the corner of Nineteenth street and Morris avenue, and then up Nineteenth street to First avenue. and then up First avenue and dagonaly across the street to some point about where Blaeh's store is-you know where that is--now I will ask you If man who could perform these physi- cal feats whether or not in your opinion he could be drunk 2"
 Objection by counsel for the defendant sustained by the court.
 Attorney Sfa11inga, or urouId ba ,,rdor that state of facts within an hour later be in a collapsed condition?
 Objection by the defense on the grounds that the witness testified as to the condi- tion of Shugart an hour later
 The court: "If the state will permit me I will ask the question according to my ruling in the natter
 Attorney Allen: Suppose the defendant will not let you ask it7-'
 The court: T have ruled on the admis- sibility of the principle upon which 1t is permissible. Doctor. taking the hy- potheses. If man was in the collapsed condition that you say Mir. Shugart was, could that drunkenness existing an hour previous to that time undergoing the scene Mir StaIlings has described, would In your opinion that drunkenness have existed in that person an hour previous to that timer" W
 Question By court.
 The coirt--'I will ask you again doctor If person was in the state of collapse. mental and physical, the same as MT. shugart was at the time you saw him. and If an hour or less than an hour. or shortly before that that rerson had shot. engaged in a difficulty, or shot person and run the distance of say two blocks, then, in your opinion. would that drunk ness have existed an hord previous to that time apd the pers ,n still be drunk at the timer"
 Dr. McAdory-" Judge, don't know that