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


 two Was going to Jonesvine that night and went to the drug store corner to take a North Highlands car. I did not speak to Shugart"
 E. o. Ellis was called He testified: '1 was formerly employed as chemist at the Ensley steel plant. I saw Shugart twice on the night of the shooting. Saw him at the Florence bar and also at the Peerless. He appeared to tbe drunk. The last time I saw him was about o'clock. An hour later I heard of the shooting"
 Cross examination:
 q have been employed at the steel mill off and on for about three years. Have been out of employment for the past two months. Worked in the construction de- partment at the mills in December.
 'I saw Shugart playing pool in the Flor ence pool rooms on the afternoon before the shooting. He appeared to be drinking then"
 Champ YeareIn.
 Champ Yeargin, bartender at the Florence bar, was called, and he testified as follows:
 "I know Shugart. Was on duty at the barroom the night Banholzer was shot. Shugart was in my place about thirty or forty minutes before the shooting. He was drunk, and 1 refused to sell him the second drink he ordered. Duncan Trim ble pulled him out of the barroom that night, or at least caught him by the . arm and led him out.' Cross-examinatis 'I could not say positively just exactly what time the defendant was in the bar room the night of the shooting. l did not see him anymore that night"
 Abe Goodman was called. He testified:
 'I have lived in Birmingham off and on since 1882, Am now q bartender at the St Nicholas. Was employed at the Stag saloon on the night of January 20. Shu- gart was in the saloon that night some time between 7:30 and 8:30 o'clock. Am not positive as to the exact time He was drunk. He started In the saloon and the swinging doors struck him, breaking his eye glasses. I did not know at that time that he was drunk, but afterwards found that he was. He came into and left the place alone"
 Officer Brizendine.
 Officer Brzendine was next called. He testified:
 T saw the defendant on the night of the shooting. l thought that he was drunk after I caught him on First ave- nue. His condition certainly was not normal. l was not able to run after him very fast that night"
 Cross examinations
 "Shugart outrun me. I was at the union passenger station when the first shots were fired. The defendant run by me as l started to enter the saloon. 1 talked With him after he was placed under ar rest l took pistol away from him, and we then walked to the police station. John Tomerlin was with us. There was no con- versation carried on between we three about the shooting, although the de- efadl mt rod tt.~,1
 Redirect examination:
 ''The weapon taken away from Shugart was a 32 or 3S blue steel pistol. Three shots had been fired" E The defense mads the statement that the pistol used by Shugart was offered in evidence at the preliminary hearing. The attorneys on the other side stated that they did not see the weapon.
 Reporter Testifes.
 John T. Evans was placed on the stand and sworn. He testifed:
 Was a newspaper reporter at the time of the preliminary hearing before Judge Abernathy Saw the pistol offered in evil dence as the one used by Shugart It was a blue steel pearl handled revolver. Don't know the calibre. Was either a 32 or B. It had tag on it, and the state ment was made at the ,hearing that the pistol was in the possession of Chief of Police Wier before it was brought into the court''
 The defense then announced 1t would close. Solicitor Hefin said that Dr. E.. T.. Wyman, an expert on mental diseases. had been summoned but could not come to court until this morning. With the under standing that Dr. Wyman is to be the last witness examined by either side, court ad- iourned until 2 o'clock this morning, half hour earlier than usual for calling court to order.
 Judge Greene announced that each side will be limited to one hour for argument Two speeches are to be made by each side and the case will pass into the hands of Judge Greene by noon today.
 Attorneys B. M. Allen and Charles G. Brown will proba bly, speak for the defense and Attorney Jesse F. Stalling and Solic- itor Harrington r. Hefin for the state
 JUDGE JONES NOT HERE