Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-11-08
MAY NEVER TELL
REASONS, SLAYER
SAYS IN HIS CELL
Only Three Witnesses Heard
by Grand Jury Are httor-
ney's Secretary and Men
Who Detained Fox.

WIN COlCAIIIOO ! w,
Philip E. Fox, publicity chief for
the Ku KluX Khan, and editor of
1.-The Nighthawk," official khan or
gan. was indicted on a charge of
murder Tuesday afternoon in con;
nection with his shooting to death
Monday afternoon Of Captain w. q.
Coburn, attorney for the Simmons
faction Of the khan.
The grand jury did not return the
Indictment until o'clock, although
the case was presented at the begin
ming of the Tuesday morning ses-
sion. 1t was stated at the office
of Solicitor General John A. Boykin
that no date has been set for the
trial, although officials indicated the
case would be called as soon as nee
essary preparations could be made.
Meanwhile. nerVously pacing his
cell in the fulton county tower, Fox
refused to discuss the Staying or to
give any reason why he shot and
killed Captain Coburn as the latter
sat at his desk in the Atlanta Trust
Company building.
Il haven't anything to say" Fox
told reporters, leaving his statement
Monday night that he shot Captain
Coburn because the latter had
threatened ito ruin him" as the sole
explanation of his act. Fox would
not explain how he believed the at
torney was planning to ruin him,
other than saying the lawyer had
threatened to publish certain affi-
davits, which he said were untrue
and which would reflect upon his
character.
May Never Explain
81 don't want to be rude, boys"
declared Fox Tuesday. Fox is a for
mer newspaper man of Dallas, Tex.
and used the familiar greeting en-
ployed by many in addressing re-
porters. But l can't say a word
now and l don't know if I'll ever say
anything"
The grand jury completed its In
vestigation of the shooting at IL
o'clock Tuesday morning. Only three
witnesses were heard, one of these
being Mrs. w. A. Holbrook, a stenos-
rapher in Captain Coburn's office,
and a witness of the shooting.
The other witnesses were Thomp-
son Rogers, a client of Captain Co.
burn, and Attorney George c. Spence.
These men captured Fox on the floor
directly below the Coburn office, as
the slayer fled after the shooting,
which occurred about 1880 o'clock.
Monday afternoon, in the ninth-floor
office of Captain Coburn.
Wife Visits Fox
Although Mrs. Fox was reported
i'll at the home on Wesley avenue,
1,o- fc{f oA ioi
morning, comforting once with her
husband and leaving hastily upon
the second visit when jailers warned
her that reporters wished to see her.
Reporters who visited the Fox home
early Tuesday morning were barred
by heavy set man who refused to
give his name and who unceremo-
niously turned them away.
A number of kilograms were re-
ceived at the Jail and delivered to
Fox. No counsel had been engaged
up to early Tuesday afternoon.
While he was held at police head
quarters, Fox asked for Hollins Ran
dolph, of the firm of Randolph &
Parker, but Mr.. Randolph was out
of the city Tuesday.
A Journal reported talked to Fox
within twenty minutes after the
shooting, as he was held in cell
at police headquarters. The prisoner
was extremely nervous and disin-
clined to discuss the affair, but he
answered several questions before
the police interviewed and barred
further communication. He was
more nervous Tuesday, with blood
shot eyes, disheveled hair and a
days growth of beard.
In his statement Monday night,
Fox denied his connection with THE
Nighthawk," or with the khan. lie
was asked point blank whether the
shooting was the indirect result OF
the factionalism now raging in the
khan. Fox replied:
'"The shooting had nothing what
soever to do. with the Ku Klux
Khan. 1t was a personal matter be-
tween myself and Coburn.
HE was about to publish affi-
davits against my character and rep-
utation, made by other people. They
were untrue. tried to reason with
him, but he still threatened to pub
lish them. L had gone to see him
Monday in an effort to reason with
him. 1t was no use"
A previous attempt upon Captain
Coburn's life and death threat re-
ceiver 80 days ago at his home were
reported Tuesday morning by H. j.
Norton, exalted cyclops of Nathan
Bedford Forrest khan No. 1. Mr..
Norton said that Captain Coburn
had suffered an acute attack Of
poisoning last July after taking
lunch at hotel with a man sup
posed to be friend" but who later
was found out as an enemy. Thiray
days ago, Mr.. Norton said, death
threat was pushed under the door
of the Coburn office.
KIan Statement Likely
Several statements were given out
or were in process Of preparation
Tuesday. Officials at the imperial
palace on Peachtree road announced
that statement probably would be
forthcoming later in the day; DR..
Fred 3. Johnston, chief of staff Of
the Simmons faction, charged that
Fox had visited the Simmons home
and attempted his (Johnson's) life
last Sunday night; and an unsignai
statement was given out by an un-
named khan official, declaring the
shooting was "a deplorable affair
and that ''it must have been a per-
sonal matter between the Dartici-
pants"
Colonel William Joseph Simmons,
emperor of the khan, was in Bir-
mingham Tuesday, according to dis
patches, which quoted him as hav.
ing no comment to make in connec-
ton with the shooting. Colonel
Simmons, it was stated. is in Bir-
mingham to see his mother, who is