The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-02-12
STATEMENTS WERE
VERY CONFLICTING
OLIVER RIVERS, A NEGRO, Is
BOUND OVER ON A CHARGE OF
HIGHWAY RoBBERY-AccUsED
OF RoBBlNG SULLIVAN.

|
Oliver Rivers, a negro, was yesterday
bound over to the Criminal court by
Judge Feagin on charge OF highway
robbery and his bond was set at $500, in
default of which he was sent to the coun-
ty Jail. He was accused of robbing T. G.
Sullivan who lives at Fourth avenue and
| Eighteenth street
| Sullivan testified that one night he and
several friends of his met and had
few drinks and that he was returning
home when he met this negro. He told
the negro to come to his room and car
ry package for him. The negro returned
to the room after delivering the pack
age, and Sullivan states that he threat
ened to kill him. When the negro made
the threat, Sullivan testifies that he re-
piled:
Here is my wallet. If you want money
its all l have, and you can just help
| yourself to all in the house. 1t all be-
| longs to you, only don't kill me. thought
I saw knife in his hand and 1 was
afraid of him. was not drunk, not even
staggering. l was afraid that he had a
knife up his sleeve
The testimony of the negro differs ma
| terially from that of the white man. He
testified that Sullivan was so drunk that
he had to carry him up the steps, and
! that together they drank a quantity of
whisky in the room. That Sullivan said
he had treated him right and offered to
give the negro anything he wanted, his
| shoes, coat and vest and what money he
had The negro further claimed on the
| stand that he refused to take any of the
things offered
| The negro claims that he, Sullivan and
second negro went to- Southslde and
secured a pint more of whisky and that
they drank it together He further claims
that. when they returned to sulivan's
room the white man urged him to undress
and spend the night.
Sullivan admits that he and the two
negroes took the trip to Southside and
secured the whisky. but denies that he
gave the negro anything.
! man at the depot said the man who did
the shooting had run down Morris avenue
| towards Nineteenth street.
when went into the bar room I saw
man in the side door with a derrniger
in his hand. l thought that he was the
man who did the shooting. He had the
derringer in his left hand. Was tall
slender man probably between 80 and 60
years of age. I caught hold of his right
arm with my left hand. The derringer
was of a 4-callibre 1 think. He handed
me the weapon. telling me that it be-
longed to Mcpherson, the bartender.
| turned it over to MCPHERSON My best
knowledge is that the cartridges in both
barrels of the derringer had been ex-
| ploded."
| Cross examination:
! ut was a silver or nickle plated weap-
on The man had the pistol open, that is
| to say 1t was broken. He was probably
trying to reload it. | think that l closed
up the weapon before handing it to Nc
! Pherson. I did not see any of the shoot
Ing. Think that seven shots were fired
| in ALL The last two shots seemed to
have been fired down on Morris avenue
near Nineteenth street. l saw John Tom
| erln in there Think the man who had
| the derringer Is a blacksmith. I have not
seen him since the night of the shoot
ing. left him standing in the bar room
at that time. I called physician and an
ambulance for Banholzer. The last l saw
of the derringer was when I handed it
over to Mcpherson"
George 3. Hill Testifies.
! When the afternoon session was called
to order shortly after o'clock Attorney
rest. The examination Of witnesses by the
| state in rebuttal was then taken up,
George II. Hill being the first witness
introduced. After being sworn Mr.. Hill
testified:
| IT knew the defendant when he was a
/ boy. was in the Woodward cafe ON the
| night of January 20. the night Banholzer
was shot. 1 saw Shugart that night He
was then going down Twentieth street
towards Morris avenue 1t was then be-
tween $3.50 and 10 o'clock at night. My
bicycle was leaning up against the curb
ing, In front of the cafe. 1t was just be-
low several buckets filled with oyster
shells. Shugart was about twelve feet
from me when I.frst saw him. did not
see him touch my bicycle. The bicycle
was on the ground when I reached the
sidewalk.
while in the cafe asked Johnny,
boy employed at the woodward, to step
to the door and see II my bicycle was all
right. After looking out of the front door
he turned to me and said, That man hit
that fellow hi of lick Shugart had
on glasses that night when l saw him. Did
not see anyone hit him. Don't remember
having seen anyone follow him into the
Metropolitan barroom. I did not see any
men on the street following Shugart with
pistols or knives. I went back into the