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

on the afternoon of the tragedy he
saw Fox enter the Atlanta Trust
company building, where Captain
Coburns offices were located.
Tailor Next Witness
Jack Smith, a jailor at the Fulton
county tower, was the next witness.
He testified that the morning after
Fox's arrest he asked him if he could
do anything, and Fox asked him to
call "Mr. Arnold, the lawyer"
What was the first day you locked
DR.. Owensby, DIR. Smith and my
friend Frank Hooper up together for
q conference?" Attorney Howard
asked.
1T was either the Friday Or Sat
urday after the shooting-I wouldn't
say which"
What day did this shooting &C.
cur?"
"On Monday, I think; I wouldn't
swear to it.
Thomas A. Ripley, a Georgian re-
| eral assignment man.
Did you cover an assignment at
! the county jail Saturday, November
1O?" the solicitor asked.
yes"
Did you see him that morning."
Eyes"
Did he make any statement for
| publication?"
Mo-
Did you publish anything he
said?"
No"
did you write this story?" At.
torney Howard said, submitting
Georgian of November 10 issue.
Il handled part Of it,"
did you see Mr.. Hooper and Mr..
Dorsey"
Yes"
'How did you get the subject mat
ter of the story?"
81 got the date of the trial from
Mr.. Boykin's office"
Mr.. Howard submitted another
copy Of the Georgian of Sunday, No
vember II, and asked for informa-
ton as to how the story was OBJ
tanned. The witness replied a re-
porter named Davis got it.
II asked Fox about the story say
ing God told him to commit the
crime when 1 talked to him Mon
day, November II, and he didn't say
a word" the reporter said.
On cross-examination Mr.. Ripley
told the court he visited former
Governor Dorsey late in the after
noon of Saturday. November 10, and
talked to him about the case.
/. On redirect examination Mr.. Kip
ley said he did not see Attorney Al
len, of Texas, at the Jail until after
former Governor Dorsey had been
retained.
At $50 court was recessed until
9 o'clock Wednesday morning.
George w. Allen, one of the states
first witnesses in the case, was the
first witness called Tuesday after
noon for rebuttal testimony. Solici-
tor Boykin asked the witness if he
recalled any additional statement
Fox made to him that he had been
unable to recall previously. The
witness replied that he recalled Fox
telling him:
'Of course they'll hang me, but
he'll never tell"
John Locke, a prisoner brought in
from the tower, where he is held
on a charge of larceny, testified that
he lived for about a week at 6 Hun
nicutt street in August of this year.
Did Margaret Weaver live
there?" the solicitor asked:
Yes"
did Dora Battey live there?"
Eyes"
did Fox ever visit that place."
Yes"
did he ever bring any whisky
with him."
Saw Fox With Whisky
81 don't know. One time I saw
him in a room with a quart of red
whisky at his elbow, but l don't
know whether he brought it him
SELF
DO you know whether Fox was
ever arrested with Margaret Weaver
at the Cecil hotel?"
Before the witness could answer
Mr.. Allen was on his feet with an
objection, declaring the solicitor gen
eral was trying to poison the minds
of the jurors" by insinuating immor-
al acts had been committed by the
defendant.
+ What can he the solicitors pur-
pose?" the Texas lawyer inquired.
II have a right to establish a mo.
tive either by circumstantial evidence
or otherwise" the solicitor retorted.
II propose to show that Coburn
knew Fox was sneaking around with
women. 1 will show further that
word of his misconduct had got back
to his superiors at the imperial pal
ace. I will show further that there
was a spy in the house at Hun
nicut street watching Fox's actions
Attorney Allen further objected
TO Mr.. Boykin's questions on the
grounds that the truth or falsity Of
the facts regarding which Locke
was to testify were totally irrele-
want" unless the state can prove
that Captain Coburn knew Of these
charges and as Fox knew they
were about to be used by Captain
Coburn against him.
THE truth or falsity OF these
charges would not of itself furnish
a motive for this homicide" Attor-
ney Allen contended, unless the
state can connect them with Captain
Coburn and this defendant"
Replying, Solicitor Boykin said he
expected to prove that Captain Co.
burn was collecting these charges
against Fox at the time of his
death.
81 can't prove that Fox knew of
these charges" said the solicitor,
because l can't read his mind All
have is his own declaration that