The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-06-28
EVIDENCE IN AND
ARGUMENT BEGINS
Roland 7. Shugarfs Trial Draw
ing to a Close
DEFENDANT ON THE STAND
Said He Was Drunk on the Night OF
DEFENDANT ON THE STAND
Said He Was Drunk on the Night of
the Shooting Of Banholzer and
Had No Recollection Of
What Happened.

Young attorney who Is charged with Tan
,ne the life of Andrew ]. Banholzer by
shooting him with pistol In the Metro
politan barroom on the night of January
20. is rapidly reaching its end. The last
witness was examined yesterday after
noon. and one argument was made. The
opening address to the jury was delivered
by Assistant Solicitor Edward w Win
ston. This morning one of the attorneys
for the defense, probably Judge B. M.
Allen will speak. Under a ruling of the
court only three arguments are to be
made by each side, twelve hours time be-
ing allotted for the speech making six
hours to the side. Solicitor Harrington p.
IIehin will close for the state.
The defendant was placed on the stand
yesterday morning and testified in his own
behalf. He swore that he had no recol-
lection of what happened on the night
of the shooting; that he was drinking
heavily at that time. He testified clearly
and deliberately The wife, little daugh-
ter and mother of the defendant with
several other ladies', occupied seats In the
court room.
At the afternoon session the grewseme
story of the elimination of the body Of
Banholzer at Oak Hill cemetery early Sat-
urday morning was told by several wit
nesses. DR.. Cunningham Wilson and DR..
Bowman told of the autopsy held over the
corpse and the extraction of the bullet
which is said to have caused the death
laf fl.1
| crowded at the time and the witnesses
were given close attention. The bullet was
introduced in evidence. 1t was of a 80
calibre. apparently
Morning Session.
Court was called to order yesterday
morning at $40 O'clock
John P. Evans. stenographer was called
by the defense. The witness is employed
as a court reporter In the case, and while
on the stand reported his own testimony,
holding his note book In his hand. Ques-
lions were propounded to the witness by
Attorney b. M. Allen,5 but Solicitor Hef-
lin objected, upon the ground that the de-
Tense announced on Saturday afternoon
that 1t had finished introducing testimony
with the Possible exception of the defendant
and Witness Ray. The court overruled
the objection, however, and the witness
testified that he had seen the pistol of
the defendant about a week before tho
shooting. He said that the defendant car
ried the pistol at the time with one of
the cartridges exploded.
! e. c. Winston, assistant solicitor of
Jefferson county, was called as a witness
for the defense The state objected to
Mr.. Winston being introduced as wit
ness. The objection was overruled by the
court and the witness testified:
IT know the defendant and have known
him for several years. l know that the
defendant owned pistol identically like
the one offered In evidence by the defen-
dant at this trial"
Defendant on the Stand.
At 10 o'clock the defendant went on the
stand. He testified;
IT am the defendant in this case. Was
born and reared in Jefferson county. I
am an attorney and have been for about
two years.. I remember January 20. Had
been sick previous to that day. I got
drunk on that afternoon. The last thing
that l remember was when was at the
Florence cigar stand that afternoon. DOM
remember anything after that. Don't re-
member going to the Metropolitan bar
room. Don't remember the shooting. l
wore a rather long black overcoat that
night. Wore a soft black hat. 1 wear
eyeglasses.
1.-THE next thing l remembered was
when they had me on a table in the war
den's office at the city Jail. Don't know
how / got there. My eyes are weak and
for that reason l wear glasses. My eyes
were injured by an explosion in the lab
oratory at the University of Alabama
when 1 was a student.
The Pistol.
1T always carried the pistol with one
| empty shell all of the time. This is the
same pistol Mr.. Evans and Mr.. Winston
saw. Mr.. Winston had the pistol in his
possession shortly before the shooting
never saw Mr.. Banholzer in my life. Never
saw James Worfell until after the diff
iculty, or trouble.
81 wore a short light-brown moustache
at the time of the shooting"
cross-Examined.
Cross-examination: II left my office
between and o'clock on the afternoon
of the shooting with the intention of CO.
ing to the federal court. First stopped at
the Peerless barroom and took a drink.
Then went to the Florence barroom and
played pool for about an hour Took sew
eral drinks in there, not less than four.
Don't recall where was at 5 o'clock.
Recall having seen the Abbott boys that
night at the Stag saloon. Afterwards
went to the Florence barroom again.
i don't recall having seen Mr.. Bonner at
Norton's drug store between and Z
o'clock on the night of the shooting"
Ernest Ray.
Ernest Fay, coach Inspector for the
Southern railway at the Avondale shops,
was called. He testified.
u know j. NJ Brooks, witness for the
state. 1 recall the time of the shooting.
I was standing almost directly in front
OF the Metropolitan barroom talking to
Mr.. Brooks and Mr.. Ethridge. l think
five shots were fired in the place. Two