The Birmingham age-herald., 1923-12-18
0LL0WED ARREST. HE TELLS COURT
Sanity Of Defendant Is Again Center Of Attention Of
 Counsel

ATLANTA, Dec. 17.-Efforts of Ku Klux K1an detectives to get Philip E.. Fox shortly after hs had killed will liam S. Coburn to keep his mouth shut" together with a grilling cross examination by the prosecution of an alienfst who had declared Fox a paronoic were the outstanding. fea- lures today at the fifth days session of the trial of tho klan editor.
 Solicitor General Boylzin brought out during the cross examination of pr. Linton c. Smith that two "Ku Klux detectives" came to his office and asked him to go to see Fox at police headquarters at once for the purpose of above all things make Fox keep his mouth shut"
 Fox, at the time, the solicitor gen. eraI stated, was being examined by city detectives one hour after he had killed Coburn. The detectives would not allow Dr. Smith in ths room until he had sent word to Fox that Mrs. Fox had sent him there to take care of him. The physician said that ne did tell the officers that, because the kian detectives had informed him Mrs. Fox had sent them to him.
 Dr. Smith testified for the defense that as the result of paying FOX apout 70 professional visits since the day of the shooting he was in the oplnion that Fox is Insane and was Tn that condition at the time he shot Coburn He stated that the defendant was In a paranoid condition.
 O O O
 pr. swint Cross-Examined.
 Preceding Dr. Smith. the state cross examined Dr. R. c. Swint, an alienist who on Saturday testified for the defense that after giving Fox a mental test he judged him to be paranoic Dr. Swint said he had been a specialist for g years and was now superintendent of the Georgia State sanitarium for the insane.
 The prosecution attacked the expert value of Dr. Swints testimony. So licitor Boykin drew from the witness the admisson that eliminating the statement of Fox and the assumed facts in a 2O-minute hyphotical ques tioning bv the defense he would have no opinion" as to the sanity of Fox. From your test then" the soliei- tor asked, you could not say whether Fox was sane or insane9"
 T would have no opinion," the witness replied.
 Another alienist, pr. J. c King, who said his experience covered 8 period of ,22 years, studying in New York. London and Berlin,' testified for the defense that after two ex- aminations he believed Fox insane and that his insanity dated back from Dr. Swint saying that he had diag- nosed that of a paranoid condition. Night Sessions Ordered.
 Due to the slow pace at which the trial is proceeding and the approach
 -1s INNd [N H. Howard announced today that night sessions would be held, com mencing tomorrow.
 Most of the testimony adduced from witnesses today was along technical lines, but at times 1t varied to the alleged commission of the act and what happened preceding and following the shooting.
 Dr. Swint was on the stand for more than three hours and was ques- toned closely regarding the history of paranoia. He drew distinction between "paranois" and 'paranoiac state" which he said was Fox's con- dition. The expert declared Fox is suffering from chronic paranoia, with which he says he has been suf- fering continuously since he col lapsed in the offices of the Dallas Times Herald in 1918. Fox was man aging editor of that paper at the
 
 While pr. King was being cross examined court took recess until tomorrow morning.
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 Witness Undecided.
 This expert was asked by the de- fense lengthy hypothetical ques- tion as to Foxs insanity, which he answered in the affirmative, and the prosecution drew from him the same admission as that 1t secured from Dr. Swint, that from his testimony he could not say whether Fox was sane or insane.
 Testimony dealing with the alleged activities of the Ku Klux Klan detec- tives came while MT Boykin was cross-examining pr. Smith, who had testified that he called on Fox at police headquarters at the request of Mrs. Fox. There was a decided clash between counsel when MT. Boy kin asked the physician if his sole purpose "of getting to Fox was to keep his mouth shut?"
 "I expect to show that Dr. Smith told Captain Sturdivant, head of the Atlanta detective department, that Mrs. Fox sent him." the solicitor an