The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-06-27
DEFENDANT WILL
TAKE THE STAND.
Shugart Trial viii Be Resumed.
Today.
JURY EATS BLACkBERRltS
Quiet Day Was Spent Yesterday-eul-
lets Taken from Body of A. J.
6anhoIzer viii be introduced
In Evidence by the State.
JURY EATS BlACKBERRIts

| Andrew J. Banholzer, by shooting him
in the Metropolitan hotel barroom on the
night of January 20, will go on the wit
ness stand at today's session of his trial
| in the first division of the criminal court,
and testify in his own behalf When
court was about to adjourn Saturday af-
ternoon, the defense announced that 1t
had closed it's testimony with the prob
able exception of introducing the de-
sion Mr.. shugart stated yesterday that
he would go on the stand today.
The overcoat which the defendant wore
on the night of the shooting will also
be introduced in evidence by the defense.
There has been considerable conflicting
testimony with reference to the coat by
the witnesses for the state One declared
that the overcoat worn by Mr.. Shugart
on the night of the shooting was a short
tan coat, while another said that 1t
was of dark material The coat which
will be introduced today is rather long
dark overcoat.
The Moustache.
There has also been some conflicting
testimony on the part of the states wit
nesses with reference to the moustache
worn by the defendant at the time of the
shooting. Some witnesses have declared
that he wore a long dark moustache at
the time, while others say that 1t was
rather short and light. A ra;ner amusing
incident occurred at Saturdays session
with reference to the moustache of the
defendant. Col. J. j. Altman was on the
stand at the time as a witness for the
defendant as to his good character Col
onel Altman was also asked with regard
to the moustache of the defendant The
witness said that on the Sunday prior to
the shooting that he saw the defendant
at funeral and that at the time he
wore a short moustache
How short moustache was 1t col
onel?" asked attorney B. M. Allen for the
defense.
WELL I cannot say exactly" was the
reply.
Just then Attorney Allen spied young
man in the court room with a short
moustache, which was evidently his first
attempt" He was called before Col. Alt
man and asked If moustache of the de-
PENDANT was something like that of the
young man. Yes" replied the witness.
We'll IL the court pleases, we would
like to offer the young man with the
moustache in evidence"
According to Solicitor Harrington p.
Hef1in. the bullet or bullets removed from
the body of Banholzer. which was disn-
tered Saturday morning early at Oak Hill
cemetery, will be introduced in evidence
today by the state in rebuttal. The So
licitor says that the physicians who held
the autopsy and removed the bullet or
bullets will also be placed upon the stand.
Concerning the Number of Shots.
The witnesses have so far disagreed with
reference to the number of shots which
were fired The weapon which has, been
Identified as the one taken away from Mr.
Shugart after the shooting by the police
men making the arrest was 32-calibre
Colts special police pistol. 1t has been
contended that some one used a derringer
also in the ballroom during the difficulty
which is said to have taken place In there
calibre bullet The solicitor refuses to say
yet how many bullets were found in the
body of the deceased wnen the autopsy
was held Saturday morning, or to say
what the calibre was. This, however, will
of course come out during the progress of
the trial this morning
The defense at first asked that the
charges to the jury be made in writing.
but this request to Judge Dan A. Greene.
who is presiding in the court has been
recalled.
The Jurys Sunday.
The members of the Jury before whom
the defendant ~ besnR tYied, spent a quiet
day yesterday. Under The law, jury
hearing a cage ~ rot allowed to read
newspapers. or 20 discuss the case pend
ing among themselves. The law also for
bids the larry from attending church, and
so yesterday was spent in telling stories
The Jury was under the care of Baliff
Joe fdil, and yesterday afternoon they
were token on walk to the woods.
Eating blackberries and unfolding narra-
| dives was then the order of the day
Il is not known yet how many speeches
will be made in the case. There will be
| three or four on each side. Solicitor
Hefiin Is being assisted in the prosecu-
ton by Attorney Jesse F. Stallings and
Assistant Solicitor e. w. Winston, while
Attorneys B. n. Allen, Lee C. Bradley,
| Charles G. Brown, Hugh Morrow,
Robert N. Bell and John r. Shu-
CART are defending Mr.. Shugart. At
the opening of the trial it was
thought that it would be necessary to hold
night sessions. inasmuch as the law re-
quires the criminal court to adjourn on
or before July 4. but the trial has pro-
crossed rapidly and 1t is not thought now
that extra sessions will be necessary. In
case the jury does not disagree as to a
verdict, and should hold out, over time,
Judge Greene states that he will be COM
PEELED to call 1T unto court next Monday
night at II AS o'clock, and declare the re-
| suit of the case to be mistrial. This
is not apprehended, however, as the case
should get into the hands of the jury
by the latter part Of this week at the
laterst.
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| HN~rtacfAA pArEc