The Birmingham age-herald., 1905-12-15
BALLET TALKED ID
 MEMBER 0F JURY
Attorney Shugart Promptly Ob- iects and Personalities Follow
MATTERS SMOOTHED OUT
Sensation Developed in Criminal Court at the Trial of Dix, Charged With the Murder of Bert Tes-
 nell, the Motorman.

Attorney John T. Shugart and Bailif Joe Hill, came near causing sensation in the criminal court room yesterday morning while the trial of the negro Rob- ert L. Dix, for the murder of Bert Tes- nell. was progressing.
 MT. Shugart made an exception to the officers talking to one of the jurors in court and the two had words. It is said that the lie was passed. Serious trou- ble was averted by the interference of Judge Greene.
 After one of the witnesses had com pleted his testimony and had left the stand, Judge Greene stepped to the cooler for 8 glass of water, his back being to the jury When he resumed the bench, Attorney Shugart arose and took excep- tion to the fact that Bailiff Hill had held a whispered conversation with one of the jurors while he had been away from the bench Judge Greene replied that MT. Hill In his official capacity officer of the court had a right to talk to any of the jurors, it being assumed that he would not discuss anything the jury might have under consideration. Bailiff Hill arose after the judge had finished and said that the jury would like to retire. This permission was granted by Judge Greene
 Exceptions Renewed.
 When they had retired and taken their seats, Attorney Shugart renewed his ex- ception to the officers talking to the juror
 Turning to Juror Williams, Judge Greene asked him If he had conversed with the bailiff and the former replied that he had
 What did you say?" questioned the judge.
 Before he could reply, Attorney Rob ert N. Bell, arose and entered an objection to having the juror prove anything that might have been said by him.
 This objection was taken by the court and sustained
 Judge Greene held whispered conver- sation with Juror Williams about the mat ter and seemed satisfied with what the juror had told him.
 It was thought that this was the end of the controversy, but shortly after Dix had been called to the stand and had be- gun his testimony. Judge Greene was summoned into the next room to answer telephone call In his absence words passed between Attorney Shugart and bailiff Hill and 1t created some litle ex- citement. As soon as Judge Greene re- turned Attorney Shugart said that he did not propose to be insulted in open court by one of the court officers. The judge called the bailiff to his side and inquired of him what he had said He is said to have told the court that Shugart had accused him of meddling with his af- fairs. Judge Greene ordered the trial to proceed. Dix finished his testimony.
 Defendant Testifies.
 The negro testified in his own behalf and declared that he was innocent. He main tained throughout that he had no hand in the killing of Bert Tesnell, the motorman, but declared that another negro whom he did not know thrust the knife into the motorman's breast. He was cross exam ined by the states attorneys, and with stood the examination. It was not the in- tention of the negro's attorneys to place him on the stand but the introduction of rebuttal testimony of the state Wednesday afternoon changed their plans.
 When the prisoner had concluded his testimony it was noon, but before ad- journing court, Judge Greene said that he regretted very much to speak to an at torney for making such grave charges t that MT. Hill was bailiff of the court and as such looked to the court for protec- tion, and the lawyers in cases on trial are also officers of the court and are en- titled to the same protection. He also said that in case of any difference he thought that the matter should be brought to him in private
 "F am quite sure that none of us care to make charges against another that can not be sustained" continued the judge "and MT. Hill has explained to me why he spoke to the juror. He has such a right according to the law. He also told me of what had occurred while I was out of the court room, answering a telephone call. While he says a serious charge was made against him. he also says that he is perfectly willing to let the matter drop, and I trust that such thing will not occur again."
 Mir Shugart demanded an investigation of the entire proceedings if the judge thought that he had violated any ethics of the court or had not conducted himself as any gentleman should. The two principals were about to resume the argument when Judge Greene arose and said court would adjourn until afternoon. In the afternoon several witnesses were introduced by the state to rebut the testimony offered by Dix.
 Another large crowd of spectators was attracted to the court room to hear all the testimony. Witnesses were still being examined when court adjourned until this morning. The case will be resumed by Judge Greene, and 1t is expected that it will be given to the jury today.