Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-12-15

AUTHORITIES Oh TIE SUBJECT.
Continuing his testimony, Attor.
ney Webb said:
Philip Fox told me that he lived
in constant dread of going insane.
Some time before his marriage, he
was worried as to whether or not
he should tell his fiance of his phys.
ical condition l advised him not to
do so, because L attached no inn.
portance to it,"
Asked by Solicitor Boykin who had
paid his expenses to Atlanta, the
witness replied that he had done so
himself, and had volunteered his
services as witness because / knew
Phil Fox could never have commits
ted that murder on a defenSeless
man."
Bradley L. Hogue, editor of the
Dallas Times. Herald, testified he had
known Fox for about twelve years,
and that his reputation was of the
best. He also recounted how Fox
suffered a nervous breakdown in
1918, and that he had never been
the 'same man since"
Mr.. Allen testified that he saw a
man coming down the seventh-floor
steps. He said he had heard the
shooting but did not know if this
was the man who did it, Looking
up, he says, he saw a woman point
ing. He says he was under the i'm
preston that she was shooting at
the man and that he was in the line
of fire
He stepped back momentarily but
the woman continued to point and
scream and he grasped the man by
the left shoulder and told him to
halt.
I'm the Man, Fox Said
when I told him to hold up his
hands he said to me: I'm the man.
I'm through"
Mr.. Allen then testified that he
searched Foxs clothing for a pistol
but found none. However, he said,
he found large hunting knife in
his right hand coat pocket.
Mr.. Allen then took Fox into
private office, he testified, and stay.
ed closeted with him until the police
arrived. ------s, .e9assss
Following is the conversation
which transpired between Fox and
/ Allen while they were alone, accord.
ing to Mr.. Aliens testimony:
What is your name?" Mr.. Allen
asked.
Fox" was the reply.
do you live here?"
mo"
Where are you from?"
Texas" was the reply.
Then Fox is said to have taken up
the conversation and asked:
us he dead?"
"Who?" Mr.. Allen asked.
Captain Coburn."
II don't know" Mr.. Allen replied.
Hint as to Motive
Then, Mr.. Allen said, he asked the
man: "NVhy did you shoot him?"
Il had to-" Fox was said to have
replied. HE had information and
dope about me that he was going to
give out which would have ruined
me''
Mr.. Allen said Fox told him that he
purchased the knife earlier in the
day for protection.
Continuing the witness declared
Fox told him.
"'I went to Coburn's office to try
to get him to withdraw these
charges. He refused and I shot
him.
Did he comment on how he felt
about the shooting?" Solicitor Boy.
kin asked.
YES the witness answered. "He
said:
at am glad; I'm sorry
"At that point L said to him:
Fox, l advise you not to commit
yourself in any way until you get
good lawyer. The officers and news
papermen will be here in a few min
utes and 1 advise you to say moth
ing"
At this point Attorney Allen in
terposed a quick and vigorous OBJ
lection, declaring:
'"The state is attempting to to bind
this prisoner by the declarations OF
a third party who held him under
arrest at the time the statement
was made and who had no connec-
ton with the case whatever"
Serious Blow for Defense
A fiery legal tilt between Attorney
Allen, for the defense, and Solicitor
Boykin and Attorney Howard, for
the state, the state contending that
were admissible under the laws OF
Georgia.
Judge Howard ordered the jury
to leave the court room while attor-
neys argued the disputed statement.
AS the jurors filed slowly out Fox
sat with his head buried in his
hands, his body slumped deep into
his chair and trembling violently.
Attorney Allen based his objection
on the grounds that Fox was under
arrest at the time of the CONVERSE
ton with Allen, with a knife press
ed against his body" and also on
the ground that Fox had no control
over anything that Allen said and
should not be bound thereby.
Judge Howard held that all parts
OF the conversation We're admissible
and the jury filed back into the box.