Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-11-13
FOX To FACE TRIAL
IN COBURN Staying
ON DECEMBER 18TH
Prisoner Too Nervous For
N ed ic al Examination,
Physicians Suspect Slayer
Victim of Brain Lesion

! began Saturday afternoon to cues
ton witnesses and to line up other
details of the defense for the ku
klux Khan publicity chief who is
charged with murder in connection
with the Staying of Captain w. S.
! Coburn, attorney for the Simmons
| faction If the ';lan.
II killed Coburn because God told
me to do it,"
This was the statement quoted 10
Fox by DR.. Linton Smith, his family
physic an, and DR.. n NJ. Owensby.
widely known alienist. following two
attempts to examine the prisoner
Saturday. This is the second state
ment regarding the reasons for the
killing quoted to Fox, and, according
to the physicians, he would make no
| further statement regarding the
case.
Attempt Abandoned
Saturday morning they abandoned
an attempt to examine him because
he was TOO nervous" and also aban-
| doned a second attempt late in the
afternoon. They stated, however,
that his general physical condition
seemed to have improved somewhat
fering less from nervousness.
DR.. Smith and DR.. Owensby were
called to the law offices of former
Governor Hugh II. Dorsey Saturday
and closely questioned regard Fox's
condition by Mr.. Dorsey and At
torney Frank Hooper, ST., both of
whom have been retained to repre-.
sent Fox.
at the same tie, the prosecution
began shaping its case with con
ference between Solicitor General
John A. Boykin and William Schley
Howard, a member of the firm Of
Branch & Howard, who were re-
tanned SaturG1v morning by the
friends and relatives of the slain at
torney to assist the state.
Other than the motive suggested
| by FoX's statement Immediately al:
er the shooting that he killed Cap
| tain COburn because the attorney has
| threatened ito ruin him" by the pub
| ication of untrue affidavits, So
! icitor Eoykin said the state had
been unable to uncover any other
motive behind the shooting.
Plans Kept Secret
Nc intimatior Of their trial plans
~ line Of defense was given Satur-
| day ~ Mr. Dorsey and Mr.. Hooper,
following their first conference With
the p"isoner at the Fulton county
! .ower. Mr.. Dorsey said that natur
lily. he and his associate wished to
go further into the case before MAX
! Ing any kind of announcement He
was not sure whether Fox would is
sue any statement concerning the
shooting before the trial.
The trial date was fixed after So
lici'or Boykin and Mr.. Dorsey had
conferred about the matter. Mr.
Boykin had planned to place Fox on
trial IS quickly as possible, but the
delay in the selection of defense coun-
sci forced a change IN plans. and in
Difference to the wishes OF defense
counsel, he consented 10 the Deem
Der date, which falls on the second
Wednesday in that month. 1t is
understood that the defense asked
more time but finally agreed upon
! the date announced.
Captain Stephen N Harris, Sa-
Vannah alderman and a brother-;n-
law OF Captain Coburn, conferred Sat
urday with the solicitor, but he said
his visit here was primarily to wind
up The personal and business affairs
of his relative and not to conduct
the prosecution of his slayer. He
was busy Saturday at Captain
Columns office in the Atlanta Trust
company building, gOin over the pa
! pers in the desk of the late attorney.
Fox Nervous
Fox continues in a highly nervous
condition and DR.. Smith said that
| he would have left him in the hos
pital ward Saturday morning, fol
lowing DIR. Owensby's visit, had not
the prisoner requested to be taken
back to his cell, which he shares
with 3. w. Ringsdorf, a former
United States army aviator. held
for investigation by army authori.
ties.
1t is understood that Dr. OWenSby
and DR.. Smith plan to make another
attempt to examine Fox some time
during the weekend. as DR.. Smith
is DESTROYS of obtaining the alien
lists opinion concerning the prison
er's mental attitude. The Fox fam
lily physician has suggested that Fox
may be suffering from brain le
sion" and that an abnormal state Of
mind may have precipitated a de,
gree of nervousness which led to
the shooting.
Since his incarceration at the
Jail last Monday night, Fox has com
planned of severe headaches and he
declared Saturday morning that he
had not slept more than an hour
the preceding night. His wife. Mrs.
Gladys Fox, continues to visit the
Jail once or twice daily. and a big
bunch of flowers from an unnamed
donor was received at the Jail Sat
urdav about noon.
ADDRESS BY C0BURN
FOUND IN PAPERS
A copy Of an address delivered by
Attorney William S. Coburn, who
was killed last Monday by Philip E.
Fox, publicity director Of the Khan,
showing Mr.. Coburn's sentiments
concerning death, was discovered
Saturday afternoon by Captain
Steve II. Harris, of Savannah, Mr..
Coburn's brother-in-law. WHO was
looking over Captain Coburn's pa
pers.
The address was delivered by At
tCrney Coburn at memorial serv-
ice for members of the Loyal Order
OF Moose who had died during the
year.
The passage in the address, which
indicates the attorneys sentiment
concerning death, follows:
Life at best is but as a vapor
tina. passeth away. Little can the
living do for the dead. The voice
ear, nor the violence of censure