The Birmingham age-herald., 1923-12-19
RECKLESS 1 " IN | IF FOX |S EXPOSED ]
kIan Editor Target For Series Of Darts Hurled By The
 Prosecutor

 ciated Press. .)-Testimony relating to the alleged conduct of Philip E. Fox, former Ku KluX Klan editor, on trial for killing William s. Co., burn, klan attorney, shortly before he shot the lawyer, and designed to refute evidence that the slayer was insane today was offered by the state in opening its rebuttal.
 After offering testimony for three days to the seffect that Fox was a paranoiac ana that he killed Cuburn while under an ha1lucination that God had told him to kill" the at torney, the defense rested its case at noon today.
 Solicitor General John A. Boykin announced that the state intended to show that Fox had Tel -reck- less life" and had associated with bad characters"
 The defendant knew Coburn was collecting these facts. the solicitor said, and also was aware that he was being watched while with Mrs. Margaret Weaver, who now is un- der indictment as an accessory be- fore the fact.
 Believing that Coburn intended to expose him, Fox shot the attorney, Solicitor Boykin charged. This was the motive of the staying he con- tended and was not an halIucina- ton.
 Seen With Whisky.
 J. o. Locke. a prisoner in the Full ton county jail testified that in Au- gust, last. Fox visited house in this city in which Mrs. Weaver and several other women resided. Locke said he was living there at the time and on one occasion was seem in a room with bottle of whisky in his possession.
 On cross examination it was de- veloped that Locke had served term for forgery in the federal peniten- tiary here and is now under convic- tion of larceny after trust in the state courts.
 George w. Allen, one of the states called to the stand. The solicitor asked If he recalled any additional statement Fox had given him that he had been unable previously to remember.
 The witness said that shortly after shooting Coburn, Fox asserted, "Of course, they'll hang me. but hell never tell"
 Testimony that Fox was arrested with 9 woman at local hotel also was offered by the state. Before be- ing taken into custody Fox threat ened the hotel detective, it was testified.
 Mrs. Oscar L. Heyman, Cleveland, O.. who had previously testified she was in Coburn's office on the day he was shot, was called to She stand.
 Did you not sec Fox in Captain Coburn's office prior to November 5" the solicitor asked.
 Yes About one week before.
 What happened?"
 showed Fox Envelope.
 Captain Goburn and Fox were talking l could not hear what they were talking about, but Captain Co., burn went to his files. pulled out an envelope and showed It 10 foA who nodded his head and lett the room.'
 On cross examination she testified she came here to visit her sister and was introduced to Coburn. She called at his office, she eohtlnueo' "on a personal natter
 She was asked to name those she saw on each visit to the office. Only four persons were described by the witness and one of these was FOX. The questions kept up at rapld pace unfu the state objected to Attorney Hugh NJ Dorsey's method or pro eed1re. The defense was sustained.
 "On what visit did you see Fox in Coburn's office?
 Mrs. Heyman could not recall she said.
 .'Didn't you tell us the other day that the first time you ever saw FOX was when he entered the office the day he shot Coburn?
 The witness replied that she did not and if she remembered correctly she was not asked the question. The so- licitor charged the defense with at tempting to confuse the witness, claiming no such question was asked. In Tears, Leaves Stand.
 Mrs, Heyu.an said she was positive the first time she saw Fox in Co., burns office was about one week be- fore the shooting. She was sobbing when she left the stand after 45 m1n- utes of examination.
 w. B. Wilson, taXicab driver, tes- tified he picked up" Fox downtown November 4 between 7:30 and S:30 at night and carried him to Klancrest, the home of William J. Simmons, imperial wizard of the Knights Of the Ku Klux Klan. Fox, he said, ap- peared to be drinking.
 After waiting outside for FOX Tor about 30 minutes, the witness said, the editor came out, paid and dls- missed him.
 During brief recess, Mrs. Fox patted her husband on the arm. They held a long, undertone conversation while she held his right hand. Fox appeared irritated as he listened to his wife. His head dropped and the twitching around his mouth was more rapid than usual. His right foot beat steady tattoo on the floor.
 The gun used by Fox in shooting Coburn was the property of Mrs. Weaver Mary Hollins. a maid testi- fled. The automatic pistol was iden- tified by the woman as the one she had seen in Mrs. Weaver's possession on Sunday, November 4. Coburn was shot on November ].
 The maid said she recognized Fox as having called to see Mrs. Weaver The witness was not examined. tnshobm eNroveo taihmtairftaihmaaa
 Emma Pinkston, another maid, tes- tified she saw the gun in the posses sion of Dora Batty, companion of Mrs. Weaver, and that Fox was pres ent at the time.
 J. A. Murdock, commercial photo- grapher. testified as to various con- versations he had wit hthe defendant relative to photographs to be used in the imperial Night Hawk" The