Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-12-11
DEFENSE OPPOSES
PLANS Of BOYK|N
IN FOX SANITY TEST
Solicitor Abandons Effort to
Have Commission Appoint
ed for Examination Before
Trial Opens

After a day of legal maneuvering
in an effort to have a lunacy com
mission appointed to investigate the
sanity OF Philip E. Fox, slayer OF
Captain w. S. Coburn, in advance OF
his trial for murder which is to open
in Fulton superior court Wednesday,
Solicitor General John A. Boykin
Saturday abandoned his attempts
Saturday night to obtain consent of
defense counsel to his proposal.
Judge G. H. Howard, Of the Grim
inal division of superior court, be.
fore whom the case is to be tried, de
clined to sign an order naming DR..
j. Is. Baird. Sr.. and DR.. w. c.. Jarna-
gin as members of a commission to
examine Fox, declaring that the con-
sent of attorneys for Fox was es'
sential to such action prior to the
trial. The petition for the order was
presented Saturday to Judge How
ard by Assistant Solicitor Ed A.
Stephens.
Since I could not get the approx
al of the defense attorneys, will be
unable at this time to secure the APP
pointment of an examining body"
Solicitor Boykin said Saturday night
''Of course, l never considered that L
had a legal right to have Fox eX-
amined without their consent.
Il will not enter into any negotia-
tons as to who shall constitute the
commission and l do not claim the
right to dictate the personnel of the
commission, but do claim the right,
as solicitor general, to submit the
names of decent and honorable men
to the court
To Await Trial
IF the 1unacy issue-is injected into
the case when it comes \up for trial,
[ will then ask the appointment of a
lunacy board, the selection of which
VII be left to the trial judge, without
reference to any agreement between
my office and defense counsel"
Defense attorneys, in statement
issued late Saturday, indicated that
they were willing to have an examin-
ing commission named. but would re-
fuse to submit their client to an ex-
animation by a board Of Solicitor
Boykin's selection.
I'VE are certainly unwilling fol-
the solicitor general and his associ-
ates to select, as indicated, such a
commission declared the state
rent, which was issued by former
Governor Hugh Dorsey and Frank
A Hooper, Sr., counsel for the Ku
Klux Khan publicity chief. "We
would certainly be glad to have such
a, commission appointed, provided we
are permitted to agree with them
upon competent, fair and impartial
men to make an examination"
Insanity Plea Seen
The statement from Fox's at
the solicitor that special plea of i'll
sanity would be filed in behalf of the
accused man, or that the insanity ele-
ment would be injected in good
measure into the trial of the case.
He first presented Judge Howard
with a petition for the appointment
of three physicians to examine into
the sanity of Fox, but this move was
held up by the judge, who was in
formed that the defense attorneys
had not agreed to the proposition and
who ruled that Fox's counsel must
consent before he signed the order.
Solicitor BoylSin then amended his
original petition and the statement
from Attorneys Dorsey and Hooper
followed shortly afterward.
Statement Reviews Case
In addition to expressing Opposi-
ttpn to a sunacy commission picked
by the solicitor, the statement from
defense attorneys also reviewed sew
eral features of the case. criticising
the assistant solicitor general TO"
going to the Jail thirty minutes after
the shooting on the afternoon of
November 6 and seeking an inter-
view with the prisoner. protesting
against arrangements which it was
stated had been made to place Fox
on trial the Tuesday following the
shooting. and declaring that untrue
reports had been circulated to the
effect that Texas authorities were
unwilling to cooperate in the inves.
tigation into the life of Fox while he
was resident of Texas. before
moving to Atlanta to assume the
khan connection.