The Birmingham age-herald., 1923-12-21
FOX'S FATE RESTS.
 IN HANDS OF JURY.
Widow Of Murdered Ku KIux Lawyer Paints During Dra-
 matic Argument In Court

~hS I'll JIitiSttt tit 0OUi
 ATLANTA, Ga, Dec. ,2o-(By As sociated Press )-The case of Philip E. Fox, Ku Klux Klan editor, charged With the murder of William s. Co., burn, klan attorney, was given to the jury at 10:24 o'clock tonight. Fox shot Coburn in the 1atters off, ice on the afternoon of November B. The slayer was arrested as he fled from the office and immediately placed in jail. The defense contend ed Fox was insane at the time of the Killing. No statement was made to the jury by the defendant, his coun- sel announcing he was still mentally Unbalanced.
 Immediately after the jury retired court recessed until o'clock tomor- row morning.
 Fox was taken from the court room under a strong guard. There was no demonstration as he passed through the spectators.
 Judge Howard announced that in the event the jury reached verdict tonight he would not receive it un- til-9 o'clock tomorrow morning.
 Judge Howard tonight in instruct ing the jury paid particular atten- tfon to the rules of court on testi- mony relating to the sanity or tn- sanity of a defendant.
 Instructions To Jury.
 After charging the jury on murder and meaning of malice, Judge How ard gave the jury the following in- Atrr ctionS
 aThe code, Section 35, provides:
 A lunatic or person insane, with out lucid intervals shall not be found guilty of any crime with which he may be charged. Provided. the act so charged as criminal was com- mitted in the condition of such lu- macy, or insanity; but if lunatic had lucid intervals Of understandlng' ne shall answer for what he does in those intervals as if he had no de- Siciency.
 Another code section. s3 pro- ~ides:
 GA person shall be considered of sound mind who is neither an loiot' h lunatic nor afflicted by insanity, or who has arrived at the age Of l4 years
 "If the defendant committed the acts charged in the indictment and at the time and place and in the manner alleged in the indictment, and if, at the time and in respect to the acts alleged, he did not have mind and reason sufficient to under stand the nature and quality of his acts and to form the criminal in tent to commit the crime charged and to know, at this time, that such acts were wrong and criminal acts for which he would be punished, and to know the difference between the right and wrong as applied to such acts at the time, he would not be responsible to the law, as his con viction would not be authorized in any event.
 ''As you have seen from the defi- hilton of murder, as read to you, nf memory and discretion could commit that offense.a
 Look. To Evidence.
 .sThe court instructs you that you should look to the evidence and de- terrfline whether or not the defen- dant at the time of the commission of the acts alleged in the indictment, if he did commit them, was afflicted with any disease, or disorder, of the mind. If he was did he know right from wrong, as applied to the acts alleged at the time committed, If he committed them?
 .gf he did not have such knowl- edge, he could not be legally respon- sible in any event, and should be ac- quilted.
 .'Not only so-the court further charges you that even If he d1d know right from wrong as applied t0s7SuCh acts, anu ndn+iH anu ca son sufficient to understand the na- ture and quality of his acts, if he committed them, as alleged, ne would nevertheless, not be legally responsible and should be acquitted, if by the duress of any mental di- sease or disorder, he had so far lost power to choose between right and wrong, in respect to doing the par ticular acts in question: and at that particular time. as that his free agency was, for time being over mastered, and, if, at the same time the alleged crime was so connec- ted with such mental disease, or dis order, in the relation of cause ana effects as to have been the product of such disease of disorder, solely.
 "A man might have mind and req son sufficient to distinguish between right and wrong of an act about to be committed and to understand the nature and quality of such act and vet not be responsible to the law.
 o O O
 Iayy As To DelusiOn.
 "If a. person be cognizant Of the | distinction between right and wrong and know the nature and consequent ces of an unlawful act committed, and yet, by some reason or some de- fusion or mental disorder, overmas- tering the will, at the time, should