The Birmingham age-herald., 1904-03-01
Roland I, Shugart the Young
 Attorney, Seeks Bail THREE WITNESSES CALLED
George T. Howell and Willis Brewer, Jr., Arrested at Instance of Sollc- itor Hefln on Charge
 of Perjury.

proceedings instituted by Roland T. Slu- gart, the young attorney, seeking bail. was examned yesterday afternoon before Judge Dan A. Greene, associate judge of the criminal court of Jefferson county. Shugart is charged with killing A. J. Ban- holzer.
 Banholzer was shot In the Metropolitan bar room on the night of January 2O and died eleven days later. Shugart was ar rested immediately after the shooting and has been in the county jail exactly forty days, bail having been denied him at a preliminary hearing held before Judge II. B. Abernathy of the inferior court. two weeks ago
 Three Witnesses Introduced.
 Three witnesses were introduced by the state yesterday, all of these having been brought from Montgomery to Birmingham to testify at the hearing. Secretary of State J. Thomas Hefin. Capt. E. w. Booker and Charlie Taylor. an employe of a restaurant in Montgomery, were the three examined.
 They were examined it was understood for the purpose of rebutting the testimony offered by Willis J. Brewer. Jr.. witness for the defense who testified at the pre- liminary hearing that he was in Birming- ham, near the scene of the tragedy, on the night of the shooting Tho three wit nesses for the state testified yesterday afternoon that Brewer was in Montgom- cry at the time
 The case was called yesterday morning at 10 o'clock but it was continued until the afternoon on account of the absence of two witnesses for the state The ab- sent witnesses were w. E. Knox of An niston, superintendent of the Alabama Mineral division of the Louisville and Nashville railroad and MT Bishop of syl- aeauga They did not report at court yes- terday but the attorneys for the state say they will be on hand this morning.
 The Counsel.
 The defense is being represented bv Attorneys Hugh Morrow, Lee C. Brad ley, B. M. Allen, Charles G. Brown. John T. shugart and s. c. shugart. while the state Is being represented by Solicitor Harrington P. Helin, Assistant Solicitor E, W. Winston and Attorneys Jesse F. stallings and John c. Forney.
 The defendant was in the court room yesterday morning several minutes be- fore court was called to order He con- versed with his father, his brother and several friends at length. shugart does not show any evil effects from his con- finement in the county jail
 When court was called to order yes- terday afternoon Attorney Stallings an- nounced that the state would be will ing to submit the testimony offered at the recent preliminary hearing. with the understanding that both the state and defense might introduce such witnesses as they cared to in addition to the stem ographic report of the testimony. Attor- ney Allen said the defense would agree to thls, and further that this was the proposition of the defense at first.
 Captain Booker Called.
 The witnesses were put under the rule and the examination commenced, Capt. E. W. Booker of Elmore county being the first witness called by the state. He testified:
 T have lived in Fillmore county for about five years. Am a farmer and was formerly a member of the state board of convict inspectors. On a Thursday night in January I went to Mobile. It was the night of the Moundville cy- clone Was in Montgomery the day be- fore know Willis Brewer. Jr. Have seen him in Birmingham today.
 "I was at the trial between Brewer and his father In Montgomery in Janu- ary. That was on Wednesday before made the trip to Mobile. At the time saw Brewer he was in Flemings restau- rant in Montgomery after dark He was talking to J. Thomas Hefiin at the time"
 Cross-examination: 'I don't remember the exact date I saw Brewer in Mont gomery. I am not sure whether or not I was in Montgomery on Tuesday before the Brewer trial. MT. Tom Hefin was on Brewers bond. Several days ago I was first asked about having seen Brew CT in Fleming's. Tom Hehin called my attention to the incident. Don't recall the night of his trial
 Charlie Taylor Testfies.
 Charlie Taylor, q negro employed at Flemings' restaurant in Montgomery. was next called by the state.
 He testified:
 'I have been employed at the restaur- ant for twenty years as oyter opener. Have lived in Montgomery twenty years. Was at work at the restaurant on the night of January 20. know MT. Brewer. He was in the restaurant with several men on that night. and they stayed there for some time. He had a gun in case on his shoulder. Mir. Brewer was talking to Judge Tarver and several young men," Cross-examination: Don't know what day of the week January 20 was. MT. Brewers gun was in a case. Mir. Henin had me brought to Birmingham. Don't recall who I saw in the restaurant any other night. l will not swear positively that I saw Mir. Brewer in the restaurant on tho night of January 20. but 1t was the night MT. Tom Henin and Capt. Booker were in there.
 Hon. J. Thomas HeflIn.
 J. Thomas Hefin wns next called. His testimony follows.
 ''I reside In Montgomery. Am secretary of state. Was in Montgomery on the night of January 20, Was in Flemlngs' restaurant between and 10 clock that