Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-12-20

woman was at her house on the day
of the shooting and had been there
twice since the tragedy. She said
that one long distance telephone call
from Nashville had come from the
Weaver woman.
Did you not see Fox at 95 West
II did"
"Who did he call to see?''
Margaret"
when was the last time he
called?"
The Saturday before the shoot
ing"
Did he have weapon?"
He did"
WAS this it?" exhibiting Foxs
automatic).
1T was"
WAS he drinking?"
HE took one drink"
When did Mrs. Weaver leave
your house?"
Early in the morning of the
shooting, in a taxi"
WAS Fox in your house at the
timer"
He was"
when was the last time you saw
Fox?"
About o'clock Monday after
noon.''
Did he stay at your house any
night between Saturday and Mon
day."
Saturday night"
What room did he stay in?"
1.-THE dining room"
WHO was with him."
Margaret sat up and talked with
him."
Took One Drink
"You say he took one drink" At.
torney Dorsey asked.
Yes, one drink with raw egg"
J. a. Murdoch, a commercial
photographer, next was called and
testified he met Fox in March near
Wesley drive, near the Khan palace,
when accosted by the defendant and
asked if he could make a photograph
Of the building.
They agreed on the job, the wit,
ness said, and he delivered the prints
the next day, for which he present
ed a bill, which was approved by
Fox.
Judging from his conduct, do you
consider him sane or insane?"
Here Attorney Allen interposed
the objection previously made when
this question was asked other wit
nesses.
Thought Fox Sane
II think he was sane, extremely
So" was the pointed response.
The witness was excused without
examination.
E. j. Hunt, a member CT the At
lanta detective department, was the
next witness.
He testified first to seeing Fox in
cell at the Atlanta police station
and later in the detective office. He
said he gave the prisoner cigarettes
and water when Fox asked for
them.
He testified that Wash Mills and
Jim Simpson were at the police sta
ton when Fox was there and
brought DR.. Linton Smith, Fox's
physician, to the jail
DO you know Mills and Simpson
were Ku Klux Khan, detectives at
tached to the imperial palace?"
Attorney Allen vigorously OBJ
jected:
1--WE don't think" he said, that
the Ku klux Khan has anything to
do with this case, which we want to
try on its merits alone. We think
this testimony Of this witness is ir-
relevant and highly prejudicial."
We expect to prove" Mr.. Boykin
said. that Fox at first refused to
see DR.. Smith ami did not do so until
approached by these two men"
Attorney Allen then charged the
solicitor lis trying to inject this
khan and anti-klan element into the
case-the very thing we want to
keep out" Judge Howard ruled
the question out.
Hunt testified that Fox at first
refused to see DR.. Smith, but when
told that he had been sent by Mrs
Fox, he consented to see the physi-
clan.
Captain Sturdivant asked Fox if
he wanted to make a statement"
the witness said, "but Fox refused.
then asked him if he didn't want
to make a statement, and he said:
For Gods sake, gentlemen, don't put
me through the third degree. I'm all
shot to pieces and L can't make a
statement until see my lawyers "
He told how Fox later seemed
about to make a statement when DR..
Smith halted him, saying: This
man is my patient, and L advise him
not to talk in his present condi-
ton"
The concluding features of the
detectives testimony dealt with the
transfer of Fox from the police sta
ton to the Tower, and his refusal
to see newspapermen or pose for
photographers.
WAS he drinking?"
II could smell liquor on his
breath"
He wasn't drunk, was he?" At
torney Dorsey asked.
mo; but he was drinking"
Haven't you said previously that
he wasn't drunk"
II said 1 smelled liquor on his
BREATH
when DR.. Smith interrupted
didn't he say he didn't think Fox
was in any condition to make a
statement"
/ Cor words to that effect"
"Why didn't you say so, then?
Come away"
A. E. Wilson, an attorney, with
| offices adjoining Captain Coburn'
suite, who previously testified in the
case, was recalled by the state ir
rebuttal. He said Fox entered his