The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-12-15
ACCUSE DEFENDANT
IN TEXAS FLOCC|NC
Solicitor Charges Scheme To
Shoot Victim In Back
And Flee

ATLANTA. Ga, Dec. 1.-THE state
laid It's hand on the table today ana
revealed in detail its theory OF me
death of w. S. Coburn, leader OF the
simmons faction in the Ku kiuH
Khan. for which Phil Fox. public
ity director of the Imperial paiacs'
* on trial in superior court.
solicitor General Boykin, in a state
ments to the court, declared the state
would show that Fox planned TO
shoot Coburn in the back and flee
through q connecting door leaving on
tho floor OF the office long dirk
knife.
The state made the sensational
claim that it intended to prove that
the defendant had been involved IN
series of floggings in Texas and FEAR
Of exposure caused the periods OF de-
preston and nervousness.
Boykin in his outline also an
nounced an intention to show the
Internal war in the khan was instru-
mental in the killing.
This information was exposed when
defense witnesses were questioned re-
garding activities of the hooded or
der in Texas by the state and Fox's
attorneys interposed strenuous OBJ
jections.
A few minutes before Boykin, III
propounding hypothetical question,
intimated the state had evidence
showing Fox was drunk for three
days before the shooting and spent
much of his time visiting resorts and
ending in taxicabs with lewd women.
Interest in the case was also
spurred by rumors that Mrs. Mar
earet Weaver, indicted as an accom-
plice before the fact, had been APP
pretended, and an effort would be
made by the prosecution to intro
duce her testimony.
Witnesses examined today recited
new incidents showing Fox suffered
from Authorizations. These witnesses
all intimates when the defendant was
connected with a Dallas newspaper
openly voiced the opinion that Fox
was crazy" before he came to At
lanta.
The trial, which made exceptional
progress the first two days. slowed
up considerably Friday. Frequent
objections of attorneys and long legal
: arguments interfered.
Defense Witnesses Testify.
The defense produced the Texas
witnesses in an effort to show that
FOX was mentally unbalanced when
he left Dallas to accept the position
a. publicity director for the ku KluS
Khan here. Many alleged eccentric
acts of Fox during his stay in Texas
were brought out in testimony. He
attempted to commit suicide; he
"bawled out" firemen fighting a
blaze because they were not perform
ing their duties to suit him; he
stripped his home of all window cur
tains to allow his neighbors to see
that he was not hiding anythin g
from them; he believed his friends
were against him and had many de-
lusions that persons were attempting
to kill him, defense witnesses testi-
fled
In cross-examinins these witnesses
the prosecution drew from them that
throughout all of his mental trouble
Fox continued to climb the ladder in
the newspaper field and that he was
promoted from city editor to manag-
ing editor of one of the largest news
papers in Texas; that he was re-
garded as brilliant" newspaper
writer and that he left Dallas to ac-
cept q responsible position with the
khan here.
While Solicitor General Boykin
was cross-examinins Congressman
Hatton w. Summers of the Fifth
Texas district, an alleged attack on
the private life of Fox since he took
up his residence in Atlanta was
made.
Arrested Before Shooting.
Did you know that Fox was in a
drunken condition for three days be-
fore he shot and killed Mr.. Coburn
and that during that time he spent
much of his time With woman and
was with her few minutes before
the tragedy occurred" Mr.. Boykin
asked the congressman.
Did you know that Fox was ar