Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-12-18
AL|EM|ST' s OPINION
AS To FOX'S SANITY
IS PUT UNDER FIRE

Inc expert Nalue OIL LIZ. Il. y.
Swint's testimony in the Fox muir
der trial was attacked sharply Mon
day morning by the prosecution,
Solicitor General John A. BOykin
cross-examining in intimate and per-
sistent detail the superintendent CT
the Georgia state Sanitarium for
the insane, at Milledgeville, who Sat
urday declared from the witness
stand that Philip e. Fox, Ku KlUx
editor, is a paranoiac and subject to
Authorizations of a highly danger
Gus type.
The solicitor drew from the wit
ness the admission that, eliminating
the statement of Fox and the as
sImed facts in a twenty-minute by
pothetical question propounded Sat
urday by former Governor Hugh
Dorsey, during direct examination by
the defense, he would have no opin
ion" as to the sanity or insanity Of
the slayer of Captain w. S. Coburn,
attorney for the Simmons faction
of the Khan.
'From your test, then" the so
icitor asked, you could not say
whether Fox was sane or insane"
'I would have no opinion" the
witness replied.
Admits Fee to Testify
The solicitor also drew from the
witness the admission that he was
paid $100 for examining Fox on De
cember 2 in the Fulton county tower
and that an agreement with defense
attorneys stipulated he should re-
ceive expenses and $100 for the first
day as a witness, and $50 for each
succeeding day.
The s-eXamination Of DR..
Swint was the most severe of the
trial thus far. Due to the slow pace
at which the trial is proceeding and
the approach of the Christmas holi-I
days, it was stated Monday that
night sessions, to begin Tuesday,
will be held. The defense has been
presenting evidence in support Of
the instantly plea for Fox since the
prosecution rested last Thursday,
after taking less than a day for
direct testimony.
An interested spectator of the pro-
ceedings at the Monday morning SEES.
sion was DR.. Caleb Ridley, former
imperial kludd of the Ku Klux Khan
DR.. Swint went down off the stand
at noon Monday, after being in the
witness chair for three hours.
V. K. Ringsdorff, a cellmate Of
Fox, was the only other witness
called at the morning session, which
was recessed at 1890 o'clock The
afternoon session was begun at 1870
Ringsdorff denied, when question
ed by prosecution counsel, that Fox
read books on psychology and men
tai diseases during his incarceration
at the Tower, He declared Fox has
awakened his cellmates at night, 4
complaining that he heard voices in
the corridors, but that no one else
could hear these voices.
What is your opinion of him? Do
you believe that he is a man of
sound mind" Ringsdorf was asked.
HE is crazy. His very acts in.
dictate that" the witness replied.
DR.. Swint was recalled to the
stand Immediately after court was
reconvened Monday. and was put
through a searching cross-fre of
questions by Solicitor Boykin, in an
effort to shake his testimony of Sat.
urday, to the effect that Fox, in DR..
Swint's opinion, was a paranoic and
dangerously insane when he shot
and killed Captain Coburn.
A spirited legal tilt, during which
Judge Howard ordered the jury to
retire, occurred after a few ques-
tons.
Questioned i'm Experience
After asking DR.. Swint how long
hen ad been connected with the
Georgia State Sanitarium for the In
sane, at Milledgeville, of which the
witness is now superintendent. and
receiving the answer that the wit
ness had been connected with that
institution since December, 1901. |
Solicitor Boykin asked DIR. Swint
how many persons he had examined
for purposes of testifying where
hOmicides had occurred.
Il don't recall" the witress an
swered.
Can you give me the name of
one?" Solicitor Boykin asked.
Attorney r. w. Allen, of Dallas,
Tex, OF FoXs counsel, objected to
this question on the grounds that |
it was immaterial, and Judge How |
ard ruled it out. Solicitor Boykip !
changed his question: I'm what |
cases have you testified where a
homicide has Occurred?"
Attorney Allen promptly renewed |
his objection, charging that Solicitor
Boykin was attempting "to avoid
the ruling of the court" and con-
tending that every case should
stand on it's own merits
Judge Howard ordered the jury to
retire, and Solicitor Boykin made a
vigorous defense of his position, de-
claring the purpose of the question
was to test the witness accuracy
and experience in examining mental
disorders.
Attorney Allen continued his OBJ
lection, declaring that it would be
highly prejudicial to Fox if the wit
ness should have testified in sensa-
tional cases of the past, cover which
the public mind might have been in
famed"