The Birmingham age-herald., 1904-03-03
HEFLIN'S SPEECH
 IN SHUGART CASE
THE SOLICITOR SAYS PLEA OF DRUNKENNESS IN MURDER CASES IS TOO CoMMoN-MAKES ARGUMENT AGAINST BAIL.

The following is the speech in part made by Solicitor Harrington P. Hefiin in the Roland T. Shugart habeas corpus pro- ceedings yesterday afternoon before Judge Dan A. Greene:
 Tn all cases the purpose of nvestiga- tion is to find the truth. What is the truth in this case? All the evidence at the former trial Is before the court for consideration, as well IS the evidence, which has been introduced at this hear ing. The testimony suggests three de- lenses, two of which were relied upon at the former tria-namely: First, that Ro- land T. Shugart did not shoot and kill Bonholzer at all; and secenod, if he did SO, he did 1t in self-defense-two very inconsistent theories The evidence failed to establish these theories. and Judge Ab- ernathy held the defendant without bail.
 'The theory that he did not do it fell flat. The self-defense theory went down before the truth, and now they seek shell ter under the theory of drunkenness.
 Ut Is indeed amazing to me that the attorneys for the defendant appear serious in urging your honor that bail should be allowed him on such a defense or defenses. The burden of proof is on ,--e defendant to satisfy your honor that he was so drunk that his reason was de-
 
 a design-that his mental faculties were paralized, and if he fails to establish this by a preponderance of the evidence, he is not entitled to bail.
 'Dr Mason testified that he saw the defendant just before the shooting. says he staggered slightly. but talked intelli- gently. This alone smashes their theory of drunkness. because he could not talk nteligentlv with his reason dethroned
 ''If this theory surrounded by this weak testimony satisfies the court and allows this man his liberty, all that man has to do hereafter Is to take a few drinks stagger a time or two go and shoot his man. set up drunkenness as a defense, and go free.
 .If your honor should refuse bail to the defendant, and he feels that an in- justice has been done him. he has the right of appeal to the supreme court from your decision. but under the law. where no indictment has been returned by the grand tury, the state has no right of ap- peal. However, I am so firmly convinced that Shugart is not entitled to bond that if the law permitted me to do so I would certainly appeal from your honor's de- cision .n case 1t was adverse to the state. Shugart seeks his freedom on a bond, while poor Banholzer sleeps in the grave, the victim of this mans reckless disregard of human life. Allen says no man has been hung in Alabama when he was drunk and killed a man. This is the reason that drunkenness Is such a popular defense.
 'I submit that if the defendant is al- lowed bail under this mass of testimony it is useless to go to the expense and trouble of making arrests in cases of this character. Let this man stay where his crime has placed him-in jail.
 'sThe question of drunkenness Is a mat ter for the jury to decide. and can your honor say from this evidence that jury would find that the defendant was so drunk that his mental faculties were par alized. and that he didn't know right from wrong when he committed this