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

Joi
After re defense had presente l
evidence anil d o'clock in support Of
the insanity plea, court was recessed
until o'clock Friday morning. Aft
er the defense rests, the state viii
offer rebuttal testimony before the
beginning of arguments,
we expect TO show you," +.ttor.
ne5 Hooper said. that this man,
though born in Montgomery, Ala,
spent most of his boyhood and young
manhood in Massachusetts. We eX-
pect to show you that insanity ran
in his family and that in his early
manhood. he lived under Il cloud of
fear that he would follow in the foot.
steps of his family and be insane.
I'VE will not deny that he unques.
tionably shot and killed Captain c.
burn under the circumstances that
have already been outlined to you.
We expect to show you that a
few years ago he left Massachusetts
for Texas and that in that state he
had a nervous breakdown which in
creased his fear that he would some
day be insane.
During Epidemic
This attack occurred in 1915
when the great epidemic of in
fluenZa was abroad in the land.
Philip Fox has never been the same
man since tat time and we expect
to prove it.
I'VE expect to show that this at
tack was followed by another and
another and another, one of the last
coming only a short time before he
moved to Atlanta.
We expect to show you that after
| he came here and got into this at
| mosphere of unrest and litigation
he suffered another attack and that
it was while his mind was thus tenn
porarily deranged, while he was la.
boring under this fearful cloud, that
he unfortunately shot and killed
Captain Coburn, man whom he did
not know and whom he had nothing
against.
:, 1--WE expect to show you that this
was the act of a crazy man; and be.
cause of that, because he was in
sane at the time of the commission
of the. deed we. will ask you to return
verdict of not guilty"
Motive for Killing
The state rested unexpectedly at
2:15 o'clock, without calling half OF
it's witnesses and without presenting
q motive save in the testimony or
George w Allen, insurance man who
aided in the apprehension of Fox
after the shooting, who quoted Fox
as stating that he feared exposure
at the hands of the attorney.
He quoted this answer to Fox, in
response to the question why he
shot Captain Coburn:
81 had to. E. lie had infor-
nation and dope about me that he
was going to give out and which
would have ruined me-" At another
point in this conversation, according
to Mr.. Allen, Fox said: II went to
Coburn's office to try to get him to
withdraw those charges. He refused
and I shot him.
Pastor Defense Witness
DR.. Charles w. Duffield, pastor of
the St. Lukes Episcopal church, of
Boston, Mass, was the first defense
witness called He related how back
in 1904 the Fox family belonged to
his church and that Philip Fox at
the age of seventeen became a
teacher in the Sunday school.
DR.. Duffield. under questioning by
Mr. Dorsey. said that Philip Fox $
father, Samuel II. Fox suffered Sc
we're business losses and appeared as
one mentally stunned" Ee also
said. that Jack Fox, brother OF
Philip Fox. was not normal mentally
and appeared to be weakminded.
Under cross -questioning by Attor.
ney William Schley Howard Dr. DUFF
field admitted that he had not heard
from or seen Fox since 1906.
Brother Died Insane
Dr. Duffield said that when Fox
left Boston in 1906 he considered the
prisoner to be IAN exceptionally bril-
liant boy"
Asked by Attorney Howard if he
had read any of Fox's writing in
The Nighthawk," the khan paper
of which the slayer was editor, the
minister declared he did not know
Fox was editor of the publication.
DR.. Duffield was called from the
stand and the defense introduced
the register of his church to show
the date of Fox's brothers death on
April IA, 1906. The doctors certifi-
cate was then introduced to show
that the brother died of violent in
sanity.
Testify to Character
a number Of prominent Texans
were called by the defense to es-
tablish the good character of the de-
PENDANT Among them were Judge
Charles A. Tippen, for seven years
criminal district judge at Dallas, Tex
ia h0 I7oH known LfnN for fem
years, and knew him to be a man of
splendid reputation.
Didn't he have fight with the
mayor of Dallas?" Solicitor Boykin
asked in cross examination.
81 wouldn't call it fight" the
judge replied.
What do you mean by a fight
when they kill each other?" Mr.. Boy
kin asked. This precipitated laugh
ter which persisted until Deputy
Sheriff Gordon Hardy raped Sc
Verely for order.
Mayor Louis Blaylock. of Dallas,
Tex, testified that he had known
Fox for ten years, and that his repu
tation was good.
Louis S. Turley, police and fire
commissioner Of Dallas, also testi
fled to the defendants good charac-
ter. The defense attempted to prove
by Spearman Webb. an attorney of
Sherman, Tex, former roommate
of t'ox, that the defendant frequent
ly predicted that he would go insane
and that he was subject to fits Of
The state objected Wig
orously, asserting that the testimony
was self-serving.
objection Is Over.TlIed
Judge Howard overruled the OBJ