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

 I understand your question exactly. If he was in the condition found him could he make this race do you mean?'
 The court-"Yes that Is my question:
 Dr. McAdory-"I don't thnK he could"
 The court" Suppose he did doctor an hour before, and did not take any whisky after that timer
 Dr. McAdory-"I could not say what ef- feet the whisky he had taken wou'e havc had on him. if I had not given him something to make him vomit. He could have taken enough whisky, within an hours time to nave knocked him out ooin- pletely
 The court-"In your opinion could orunkness have existed an hour previous to that time. sufficient to entirely cloud his mental faculties?'
 The V itness-"Yes, sir"
 Continuing the witness testthed:
 Not Due to Excitement
 "The excitement of the shooting would not have caused the effect found. The mental faculties can be stupefied or par alyzed by the use of strong drinks, and the physical faculties might remain in good condition. Whisky first stimulates the mental faculties and then paralyzes them. A man can be stupefied from the effects of whisky and still walk fairiy we'll I have seen them absolutely para lyzed mentally from the use of whisky and stiIl be able to walk, run or light. In some cases there can be stupification of the mental powers and still man can control his physical faculties
 C. R Harsh was a character witness He testified that the reputation Of the defendant was good At the suggestion of the court the state admitted all that the other character witnesses would testiy about the reputation of the defendant
 The character witnesses who were not examined were Judge Charles A, sem, walter K. McAdory. William Waldrop, w. & Brown, A. O. Lane, w. K. Terry w. R. McGavock, Judge Charles w. Fer guson. pr. A. Eubank, J. II. Miller Ar thur l.. Brown, c. P. Beddow, A. Leo Oberdorfer, George B. Tarrant w. H. Wilson James Hawkins S. L. Weaver, Prof. A. D. Smith Dr. John s. Gillespy, H. c. Miller and z T. Rudulph.
 Shortly after 12 o'clock court adjourned for dinner.
 Court was called to order yesterday afternoon shortly after o'clock Several of the attorneys in the case were not present and Judge Greene announced that the hearing would proceed without them. They came in later however.
 Witnesses for State.
 Judge Britt Tarver of Montgomery was the first witness called by the state at the afternoon session. He testified:
 .I cannot state positively where l was on the night of January 20 of this year. Remember being In Fleming's restaurant in Montgomery one night about that date, with Thomas Hefin, Captain Booker, George Gordon and Ware Wrown. l did not know Willis Brewer, Jr personally at that time. Knew of him, however, and had seen him several times. Was in- troduced to him that night in the restau- rant Before that he came up to me and smoke. and later I called MT. Heflin tthe secretary of state) aside and asked who he was was at the oyster stand in the restaurant at the time. Just before Brewer left I saw him pick up something I took to be a gun. It was in case. He was speaking to me about having been bound over under peace bond in Judge Fuller's court in Montgomery
 Cross-examination;
 Don't recall the exact date we were in the restaurant Tom Hefin has spoken to me about the matter since then. Think that I went from my office to the restau- rant"
 Redirect examination:
 T have never met the same crowd in the restaurant since"
 Jones Abbott.
 Jones Abbott was called by t..e state. He testified:
 1T know Shugart. Saw him twice on the night of the shooting. The first time 1 saw him that night was about $50 O clock and the second time about 9:l0 O clock My brother and myself were at the Stagg saloon the first time I saw him. He appeared to be drunk. As he of ba ga he appeared to fall back and at that time he broke his glasses. Forty minutes later my brother and myself saw Shugart at the corner of Second avenue and Twentieth street. He went into the drug store on that corner, and saying some thing as he passed. After leaving the drug store he walked down Second ave- nue. He was staggering at the tune.
 Cross examination:
 'Shugart was wearing short nous tache that night. had not taken drink. Went into the Stag saloon with my brother He wanted to get something to eat I did not see Shugart break his eye glasses. He was picking them up off the floor when 1 first noticed him. He after- wards tried to fix them with sticking plaster. but could not do so. I then put his glasses in his pocket for him. My brother and myself caught the Powderiy car at 9:10 o'clock.
 The defense next called Dr. J. M Mason, county health officer. who testified:
 pr. J. M. Mason.
 .I remember the night Banholzer was shot. Saw Shugart coming out of Nor tons drug store about o'clock that night The two Abbott boys were also there at the time I thought Shugart was drunk. He did not wear glasses at the time.
 Cross examinations
 T was only at the corner minute or