Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-12-20

ana WOu|Q be absent from the COURT
room for about an hour.
Attorney. Howard, however, pro.
ceeded with the examination, the
state recalling to the stand as the
first witness of the day T. A. Ripley,
a reporter for the Atlanta Georgian,
who was on the stand when court
was recessed Tuesday night.
How many times have you talked
with Fox?" Mr.. Howard asked.
about five or six times"
Did he discuss the merits of his
case?"
teous, but did not want to make any
statement"
Did he assign a reason for his
refusal?'
mo, he never did"
what did you talk about?"
about newspaper work; newspa-
per men in Atlanta, whom we both
knew, and conditions in Texas
From his demeanor, his acts and
his looks do you think Fox was sane
or insane at the time you talked
with him?'
II thought he was perfectly sane
and normal" the witness replied aft
err IL defense objection had been re-
corded.
No Facial Twitching.
did you notice any twitching of
his facial muscles?"
mo"
"Was Fox sitting down the time
you talked to him?" Mr.. Dorsey asked
on discrimination.
mo, we walked about the run
way"
you never did sit down quietly
and talk to him, did your
mo"
The next witness called by the
state was George Davis, also a Geor-
gian reporter. He testified to having
been at the Jail on the Saturday after
the tragedy, ut which time, he said,
DR.. Linton Smith, DR.. NeWdigatc
Owensby and Attorneys Dorsey and
Hooper held d conference with Fox.
After that conference did DR..
Smith make any statement to your"
Attorney Howard asked. Before the
witness could answer. a spirited legal
clash ensued, Attorney Allen contend
ing that any conversation between
DR.. Smith and the witness at which
Fox was OF present. was not admis-
sible as evidence. He also contend
ed the proper foundation for the
question had not been laid in the
states examination of DR.. Smith.
Attorney Howard made a vigorous
reply, declaring the purpose of the
question was to attack the statement
made on the stand by DIR. Smith re-
garding the time he gave out his
statement to the press in which he
Nov COZ dfCnd fnlfY mo
to do it,
eve expect to show" Attorney
Howard declared, that this state
until after this conference between
Fox and his counsel"
Defense Overruled
The testimony was admitted.
what time the Saturday after
the shooting did you talk to DR..
Smith?" Attorney Howard asked.
About 4 o'clock"
What did he say?"
''He made the statement which I
reported to my paper"
Had he ever talked about Fox
hearing the voice of God before?"
mo sir"
Had you interviewed him pre-.
viously?"
Yes, early Saturday morning"
On cross examination Governor
Dorsey asked the witness how long
he Dorsey was closeted with Fox
the Saturday after the shooting.
II would say about an hour"
Don't you know that [ wasn't
there more than ten minutes?" Gov
ernor Dorsey asked.
II am sure you were there longer
than that. 1 think it was about an
hour"
Charles Fl. Collins, the next wit
ness. testified that he was in At
torney George Spence's office the
day of the shooting and after hear
ing shots rushed out into the cor
ridor and saw George Allen take
Fox in custody.
did you hear Fox say any
thing?" the witness was asked.
Eyes. I heard him say Gentle
men, I'll do anything you say"
The witness was excused without
cross examination.
Receivership Suit Echo
Judge Walter T. Colquitt, member
of the law firm Of Colquitt & Con-
y0ES, WHO was dSSOCIlICd Will zap
tain Coburn in the trial of the re-
suit brought against the
Ku IIluX Khan by David L. Ritten-
house, of Philadelphia, and others,
was the next witness.
I'll ask you what part Captain
played in collecting evidence
for this case?" Attorney Howard
asked.
He had practically complete
charge of collection of evidence ana
affidaVits."
Judge Colquitt then explained that
the Rittenhouse case, which was the
last in which Captain Coburn was
engaged before he was killed, is
pending and that at the time OF Cap
tain Coburn's death lawyers were de-
batting the question Of appealing
Judge HUMPHREYS decision to the
Georgia supreme court. He said that
after the superior court decision was
rendered Captain Coburn gave out
a statement to the effect that the de-
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