The Birmingham age-herald., 1904-02-10

not to issue licenses for any kind of bus- 
 fifteen years. Have known Roland T. Shu- gart, the defendant, for about five years. Was on duty at the barroom on the night of the shooting. It occurred about 9:45 o'clock. Banholzer had been in the bar room about thirty or forty minutes be- fore the shooting occurred. Gladhill was with him. I served them couple of glasses of beer each when they first came in.
 q saw Shugart that night He came in and leaned against the par counter. He asked for whisky and ginger ale. His head was resting on his arm which was on the counter. He then raised up, and said, I will kill the first - see.' He then took his pistol out of his hip pocket and placed the weapon in his over. coat He walked to the end of the parti- tion between the bar room and the cigar department and fired his pistol. Two shots were fired in the bar by Shugart and one as he left. He was about fifteen or twen- ty feet from Banholzer. Banholzer said after being shot, Oh, Lordy, am killed shugart said nothing. Don't recall who was in the bar at the time. Four or five men were probably in there. Another bar tender was on duty at the lower end of the bar counter.
 After the Shooting.
 After firing the second shot Shugart went out of the door on the Morris ave- nue side of the barroom. Don't think that anyone was near him at the time the first shot was fired. Some one followed him out of the door. He ran towards Shugart- Don't know who this man was. Have seen him in the barroom several times. Shugart did not drink the whisky that he ordered when he came into the saloon. He was in there probably four or five minutes. He was alone.
 q assisted Gladhill in picking up Ban holzer He was carried to the rear of the barr6om One bullet struck the cigar case. Think that shugart wore spectacles that night Shugart made no statement after the shooting. He left immediately.
 Cross Examined.
 Cross-examination by Attorney Allen: q had known Banholzer twelve or thir- teen years. Was better acquainted with him than I am with Shugart Gladhill and Banholzer had been to lodge meeting when they came into the barroom. l was quite busy that night and was not paying any special attention to those who came in I oniy waited. on one other customer while Shugart was in there. He was the man who followed shugart out after the shooting. riffs man drank glass of l beer. I think that Shugart wore gold eye 1 glasses that night. could lot see who was coming in or going out of the saloon Shugart was near the partition separating the bar from the cigar department. Could not say how many were served from the time Snugart came in until the shooting occurred.
 "When Shugart said that he intended to kill the first man he saw, I did not say i anything to him. After the shooting turned around to see If MT. Levy han been shot did not see the fiash from the second shot. Think that two shots were fired aftsrwards on the outside of the barroom.'
 Weissborn Testihes. The state called M Weissborn, another bartender who was on duty in the Metro politan bar at the time of the shooting. He testified:
 T am bartender and was on duty the night of the shooting. I did not know Banholzer. I was in the rear of the bar room at the time of the shooting Think that I was washing glasses I heard shot and saw a man fire towards the Twentieth street entrance. Saw a man try to grab a pistol out Of the hand of another. Don't know who this man was. He claims to be railroad man. Have seen him several times in the bar room After the second shot saw man run out of the side door. It was then that heard third shot fired.
 "I locked towards the Twentieth street entrance after the first shot was fired. Could not see Banholzer and Gladhill at