The Birmingham age-herald., 1923-12-17
STATE ID TRY ID PROVE FOX. |S NOT INSANE.
Jury Must Either Free De- fendant Or Convict Him Of Murder, With Of Without Mercy, Court Officials Say CONFINEMENT IN ASYLUM NOT POSSIBLE, IT IS HELD Forthcoming Testimony Ex- pected To Deal With Internal Strife Between Simmons And Evans Factions

ATLANTA, Ga, Dec. 16.-(By As sociated Press. 1.-The state tomorrow during the trial of Philip E. Fox charged with the murder of William $. Coburn, is expected to attempt to break down the testimony of pr. R C. Swint, an alienist, who on Satur- day testified that Fox was para noiac." Court recessed Saturday be- fore the state had an opportunity to ross-examine Dr. Swint, who said he had been a mental dise1se specialist for 22 years and is super intendent of the Georgia State sani- tarium for the insane. said to be the second largest institution of its kind in the United States.
 Fox shot and killed Coburn here on November 5. Coburn was well known klansman and counsel for the simmons faction of the Ku Klux klan. Fox was the editor of ''The Imperial Night Hawk" the official organ of the administrative or Evans forces of the klan.
 Efforts to speed up the trial which started Wednesday will be made by Judge G. H. Howard, presiding, it was announced today. The court has declared that if the progress of the case continue to lag night sessions will be ordered.
 With the statement by the defense that other expert mental diagno- sticians are to be called in the case and with the prosecution pursuing an intensive cross examination of each defense witifSss, it was not be- lieveG today that the case would reach the jury before Thursday night.
 sensational. s'esfs1ss-ass Expected.
 Sensational testimony may be Forthcoming from state witnesses when the prosecution introduces its rebuttal evidence. Much of it was expected to deal with the alleged in ternal strife existing between the Simmons and Evans factions of the Ku klux Klan, the fast life Fox is charged with having led during his residence in Atlanta, resulting in Co., burn obtaining an affidavit against him charging illicit relations with a woman.
 The prosecution is contending that the threatened exposure of the affi- dayit was the basis of the motive prompting Fox to kill Coburn; that a man having delusions cannot at the same time have motive or make plans to kill and that FOX was similating his mental and nervous condition.
 The defense has entered a plea of insanity. It has admitted in this plea to the jury that Fox walked into Coburn's office and shot the klan attorney down without provo cation" excepting that he, under a spell of a delusion and that the voice of God told him to kill" It also has cls.lmed that Fox's insanity is hereditary and that he has been a paranoiac for several years.
 Expert Examined Defendant.
 pr. Swint said he based his testi- mony on an examination given Fox on December 2, and declared as the result of which "it is my opinion that he is mentally diseased" In testified that he was suffering rom 4 paranoid condition, based on verbal, auditory hallucinations. He heard voices, he imagined he was being watched and imagined there was an organized plot to get rid of him, pr. Swint claimed.
 The expert declared Fox told him that it was the voice of God which told him to kill Mr Coburn or else MT. Coburn would kill him. He further said that this type of in- sanity is one of the most dangerous. Men have been known to slay their entire families. he added. from hear ing a voice in their delusions.
 It has been brought out that Co., burn was practically a stranger to Fox.
 Court officials today declared that in their opinion defense counsel has fixed it's case in such way as to require the jury to either free Fox, find him guilty of murder in the first degree, which involves death sentence. or find him guilty with recommendation of mercy, which means life Imprisonment.
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 .o4 n. Sent Tn AxyIum.
 Fox, in the event of guilty yer aict officials further pointed out, cannot be sentenced to an insane asylum despite the fact that the de- fense is maintaining that at the time of the staying he was mentally unbalanced and unable to distin- e.uish between right and wrong.
 A plea of guilty, they said, entered bv Fox to the indictment charging him with murder of Coburn would nave ended the case except for such court sormality as required to rem der fhe death sentence legal. Had he entered a special insanity plea, the ease would have been halted until a special impaneled jury rendered a verdict.
 Sandant insane, it was brought out. tSi.oSn tSa court would have ordered him held in an insane asylum until sucn tin,e as his condition became normal. shnuld the jury have returned ver- diet finding him sane the trial un- der the murder charge would have The state was not at first bur daned with proving that Fox is not ;nsa,e but merely proving the crim- inaI act following introduction of evidence to show that the defendant is insane, the state now must at temnt to prove him sane, it was out 1inad