The Birmingham age-herald., 1923-12-19

state asked him to give his opinion as to whether or not he thought Fox was sane or insane.
 Sane" said the witness. He ap- peared very rational to me"
 The witness was excused without being cross examined.
 E. J. Hunt, a city detective, fol- lowed Murdock on the stand.
 He was questioned as to what oc- cured at police headquarters im- mediately after the shooting.
 ''Who brought pr. Linton c. Smith to headquarters?" asked the solici- tor.
 The defense objected. Solicitor BoylIin stated he expected to bring in the names of Wash Mills and Joe Simpson,, both Ku Klux Ixlan detec- tives, working out of the imperial headquarters of the klan.
 We expect to show that these two lllan detectives got Dr Smith into the detectives room at police headquart- CTS for the purpose of getting Fox to keep his mouth shut, the solicitor continued.
 The court sustained the defense.
 When pr. Smith called to see Fox, Hunt testified, Fox was asked if he wanted to see him, and replied no saying that he didn't know pr. Smith.
 Dr. Smith gained admittance when he sent word to Fox that Mrs. Fox had sent him there. We asked Fox to make a statement and he replied:
 My Godl gentlemen, don't give me the third degree" Fox was assured that he would not be forced and after being asked again to make a state ment he placed his hands on his knees and said, Gentlemen, what do you want to know? I will" Hunt continued
 'Dr. Smith then threw out his hand" said the witness and stopped Fox from talking, saying that Fox was in no condition to talk"
 The witness was asked to give the exact langage used by pr. Smith in stopping Fox from making any state ment.
 He said. MT. Fox Is in no mental condition to make statement.
 Wilson was recalled to the stand. he having formerly testified that Fox sought to enter Coburn's office by the way of a door leading from his office into Coburn's.
 Mr. Wilson repeated his testimony and denied that Fox appeared nerv- ous when he entered his office He declared tn edefendant was calm. Woman Testifies.
 Dora Beatty was called to the stand. She was consideled one of the most important witnesses for the state.
 DO you know woman by the name of Margaret Weaver?' Solicitor Boykin asked.
 "Yes."
 Did you see her the day Fox shot and killed Coburn?"
 "Yes, she moved from my house that day"
 Have ysu seen her since?"
 The witness replied that the woman left Atlanta the day o fthe shooting returning here twice since. She also Said she talked to her over long dis tance telephone while Margaret Weavers was in Nashville Tenn.
 Did you ever see this pistol?" Solicitor Boykin asked, holding up an automatic pistol.
 'Yes, MT. Fox had 1t in my house."
 Did you ever see the defendant take a drink of whisky?" Takes Toddy.
 Yes, but only one drink. that was with a raw egg"
 Was he in your house on the Monday the day of the shooting?"
 "Yes. he left that morning with Margaret"
 "When did Margaret return?"
 About o'clock that afternoon"
 "On Sunday night where did Fox stay?"
 ''In my house, occupying a room next to the dining room"
 The defense did not cross examine the woman and she was excused.
 Judge Howard instructed the jury that the Beatty woman's testimony was not admissible against the de- fendant unless it might later be con- nected up with the staying of Co., burn.