Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-12-20
Texans Near to BLows in Court
Over Testimony in Trial of Fox

cision would be appealed from.
Ibid Captain Coburn interview
witnesses in the case?" Attorney
Howard asked.
He diG."
"Was not that suit based on
charges of waste and mismanage
ment on the part of high officials OF
the l1lan?"
At this point Attorney Allen OBJ
jected on the ground that the ques
ton was irrelevant, declaring "the
Ku klux Khan is not on trial"
lie was overruled, however, and
| the witness answered in the affirma'
tive.
do you remember if Fox attend
ed the trial?" was the next ques.
ton.
IT couldn't say. There We're a
number of persons connected with
| the khan in attendance
Judge Colquitt was not cross
questioned.
Witness Tells OF Raid
The next witness was Andrew w
Galloway, clerk of the recorder S
court OF Atlanta. He testified re
earning ltlS ulSpOSltlOH VI casts
docketed against Fox and Mrs. Mar
garet Weaver, on August 90, in
which Fox was charged with drunk
and disorderly conduct and the WON.
an with disorderly conduct. From
the records of the police court he
testified that the case was settled
when Fox forfeited a collateral bond
of $26 and the woman forfeited $11
collateral.
George II. Hawkins, an employee
of the American Railway Elk
press company, was the next wit
ness, testifying that one day in Oc-
tober he heard a commotion in a
house on Hunnicutt street, where
he said policemen were breaking
down the door.
"a woman came out of an alley
way beside the house." he testified,
after most Of the officers went in.
She was followed almost Immediate
ly by man whom / recos|ized as
Fox.
HE crossed Hunnicutt street to
West Peachtree street, and tried
to climb over the banisters of a
house, but was so drunk he couldn't
make it. He staggered to the street
ana Tell down..
did you recognize any of the po-
licemen?" Mr.. Dorsey asked on
cross-examination.
Yes, I recognized federal of
f1cer, Mr.. Sowther.'
"You are sure this man was Fox?'
Eyes, I recognized him from his
newspaper pictures, and have seen
him in the court room"
The next witness was Lee What.
ley, a deputy sheriff, who testified
to executing a search warrant on
No. Hunnicutt street on October
G. He said he was accompanied by
several city policemen and federal
agents.
do you know whether anybody
escaped from that house," Attorney
Howard asked.
"They could have-there were sew
eral there"
Men or women?"
Both"
Houses Reputation bad"
"What is the reputation Of that
nouse?"
bad"
Mr.. Whatley was not cross-exam.
ined.
w. w. Wallace, who testified that
he was employed at the khan palace
from February s to May %, stated
that he was in contact with the de-
PENDANT almost daily for about three
months, and from his demeanor and
conversations he considered him a
sane man.
Mrs. Mary Atherton,. the first wit
ness called by the state last We'd
1nsday, was recalled to identify
Wox's signature on a number Of pa
pers. She was not questioned by
defense counsel.
John J. Woodside, Jr., well-known
Atlanta business man, testified to
business transaction involving the
transfer of FoX's household goods
from Dallas, Tex, to Atlanta. He
said from his conversations with the
defendant he would judge him sane.
L. f. Woodruff, city editor of the
Atlanta Georgian, testified that he
had known the defendant several
months and had engaged with him
in a number Of conversations. He
said Fox generally went to the Geor-
gian Office relative to getting Ku
Klux Khan publicity in the paper.
What did you talk about?" At
torney Howard asked.
1--WE talked about mutual news
paper friends and the matter under
consideration at the time Of Foxs
visits"
what newspaper experience have
you had?"
about % years on about as many
papers"
do you think Fox was sane or
insane?"
After the usual objection from At
torney Allen to this question, Mr..
Woodruff replied that he thought
Fox sane.
He was excused without cross-ex-
animation.
jacques Futrelle, a member of the
reportorial staff Of The Atlanta Jour-
nal, was called to the stand but was
not allowed to testify as he stated
he had been present in the court
room Tuesday and had heard some OF
the sworn testimony.
Virgorus Fight
Attorney Howard fought vigorous
ly- to have Mr.. Futrelle testify, stat
ing he had in his possession material
information of which the state had
no knowledge until Wednesday morn
ing. Judge Howard said he would
not allow Mr.. Futrelle to testify as
both sides had urged at the begin
ming Of the trial that no person who
had heard any of the testimony, with
the exception Of two persons admit
ted by consent, would be allowed to
testify.
Sam T. Wilkie, paying teller at
the Lowry Bank and Trust Company
of Georgia, testified that on the
morning Of November 5, the day of
the shooting, Fox came into the bank
and cashed check for 500. He