The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-02-14

4
the Bijou at a special holiday matinee to
! be given a week from tomorrow after
noon.
1919 4-as-8~<s-s-~<~%>
bail. There is no evidence that Banhol-
ger had any difficulty of any kind on the
night he was shot. He was therefore
Killed without cause. II the testimony OF
Mcpherson is true this is not a bailable
/. case. The theory of the state Is that
! Shugart killed Banholzer without cause
The proof shows that the defendant was
] drinking that night"
Attorney StalIings said the only way to
draw a mantle OF charity over Brewer
was to arrive at the conclusion that he
was drinking quite heavily the night OF
the shooting. and therefore he could not
recall what really happened. He said
three or four witnesses impeached the tes-
timoy of Brewer, and that he hoped the
defense would clear up the foggy testi-
mony In the mind of the court. He
| declared the doctrine of self defense could
not be set up In this case
Attorney Bell.
| Attorney Robert N. Bell made the OPEN
| ing argument for the defense He COM
menced to speak when the afternoon ses-
sion was called to order at o'clock. He
opened by saying that he appreciated the
manly way in which Attorney Stallings
had presented his side of the case.
Attorney Bell said that in this case
the principles of law and liberty were Mt
Issue. He said the life and liberty of one
of the brightest young men of this coun-
ty depended upon the result of the hear
ing He said that Attorney Stallings had
not presented the law in the case; that ne
did not give enough of 1t. rs there a
In hn osf 10 ,rrl,o ",
Jefferson county," asked Attorney Bell,
who understands the law, whether he be
friend or enemy of the defendant, who
believes that this boy can be convicted of
murder in the first degree? The boy was
unable to have had generalization or mall
ice in his heart that night. Officer Brlz-
endne and every other man who touched
him testified that he was drunk or was
In dazed condition on the night Of the
shooting.
IF I had had my way about it, not
single witness for the defense would have
been placed upon the stand at this pre-
liminary hearing. We contend that this
young man was In such a condition that
night that 1t would have been impossible
for him to commit murder. Drunkenness
does not excuse, nor does 1t Justify
murder, but it does help to determine the
degree of homicide. In this you have a
!
Implied malice will not convict a man
of murder In the first degree In Alabama
1t requires expressed malice to do this.
Attorney Bell spoke of the testimony Of
fered by John Stewart, the boy employed
| in fine woodward cafe He was witness
for the defense and the lawyer said:
! Although this young man is waiter
IN a restaurant J nad Just as soon neheve
MN as 10 peneye Mcrherson VINO Is aiso
ar.psas.a,, Ill stata,,ea,t 70 the
| a-sa,.e, - a. ,,Istt - az shoo+in,
newspaPeIs On ene ms NJ oi .ne S,oos' a
80 evt,,ra Tha nowsnaners b.d b,s
-. - ,,aa,s "a ,.,tetto - ~ had
.a.'a ~ :. Ian
~ ''''' ~ ~
As to Number OF Shots.
ct do NOT know how many shots were
! a. ~. a, ,o,,o,,a. 1,r,,,,aa IT A1drioh
- -, aa,,a., 80. VIZ,
"nen nc sass nc "e''' -
did the state ran TO put Nose Levy one
of its witnesses on the stand? VIII teli
you why. 1t was because Levy would
have contradicted the testimony of NC
| Pherson.'
In conclusion Attorney Bell said: III
jury should convict Roland Shugart OF
murder in the first degree at the mai
| trial, | believe that John G. Forney the
brother-in-law of the deceased would ask
| the judge 10 set dsiuc tic Nci'it' M
the Forneys and know they want Justice
at all tines
A....,.v Al AI,en
a.,
The second ana iast argument ioi ..e
defense was made by Attorney b. M
Allen. In opening his argument the at
torrev said that II was the duty of the
,s-...... - ..,s. .,a court and the i,rv
~ 4.,,a fao+s about a casa
IN obtaining the tue iao's aDou'
at all times.
He said;
I'VE are now oeaHng win iha..el y.
life and DEATH ana pupic seneiinene
should not be consioereo' ! am llann
to say that have nevel neard as much
contradictory evidence as naS peen oher-
ed In this case The facts N Tue case
show that the defendant was knocked
down while walking down Twentieth
street before the shooting. by an old man
with gray mar. ~ was 49," liz .he
~ fo,iar, u,,fb ersv hair. and they went
into the Metropolitan bar room Immedi-
ately after or before the shooting. Where
are these two men nowF
"All OF the energy OF tne pfoseau -
was directed against brewer pesa aa ,,,or
young attorney' ai'u =. 10 .oa.taad
witness f1erce lor .ne 10, shortly
that ne Went INTO tne p ", na.I1ana,d
aiter the snoo.ins WIN Ia -, tha Stand