The Birmingham age-herald., 1923-12-20
SAY INSANITY P[EA IDEA CAME LATER
Witnesses Testify No Men tion Of Voice Of God Was
 Made At First

ATLANTA. Ga, Dec. 1a.-(By As sociated Press .)-Consider evil dence which will decide the fate ot Phelip E. Fox, former Ku Klux Klan editor. charged with the murder of William E. CobCrn, a klan attorney, Is expeoted to begin tomorrow, when :he case is scheduled to be given to the trial jury.
 After consuming more than week introducing testimony, both the state and defense rested this afternoon and arguments were begun. An agreement was reached between prosecution and defense attorneys to limit each side to five hours of argu- ment.
 The days sessions were marked by the closing of the states rebuttal. in which an effort was made to refute testimony of the defense that was insane at the time he shot Co., burn in the latter's office here on November 5.
 Three photographs of the office iH which the fatal shooting occurred and the pistol said to have been used, were introduced. Testimony That the pistol had been in the pos session of both Fox and Mrs. Mar Earet Weaver, who is under indlct- mont as an accessory before the fact have been offered.
 Walter T. ColGuits, who was as- sciated with Coburn in the trial CT the receiyership suit against the ht' klax Klan by David r. Rittsnhouse of Philadelphia, testified that Copurn had gathered most of the evidence presented by his side of the case. Ed Simmons, who said ne WsS III the omploye of Henry j. Norton, e1- nlted eyclops of Nathan Bedford For est Klan. No. l, Atlanta, testiIieo that he had been assigned to Copurn for the purpose of gathering lh1oF- nation against kian officials at the i1operieI palace, where Fox was bla- toned.
 Chin. Fox Feared Exposure
 Fox visited Mrs. Weaver in house ,,-i,ich once was raided by oftlcers' the witness said, adding tnat ne gave this and other information Te. lating to the alleged misconduct ol the defendant to Coburn.
 me state announced that 1t was contending that Fox knew Coburn had gathered evidence against nm and planned to expose him. rear this exposure, the solicitor contenaeo' lex killed the attorney.
 Several newspaper men were . anons eve in. witnesses introduced in the case, festifying that in their opinion FOX was not insane. One reporter tesIl- fled that Fox did not give out lhe statement to the effect that 1ou toid me to kill Coburn" until a1teI he fFox) had conferred with ms counsel and pr. Linton Smith. an The defense based its fight for the acol-ittal of Fox principally on the testimony of several alienlsts tnae inc defendant is insane. FOX, tne alfenists testified, is a parauoiaS' S' This mental disease, they asserted "is one of the most dangerous hIhos of insanity"
 Charges Bad Faith.
 William schley Howard. former co2mressman, opened the states ar gument.
 MT. Howard accused the defense or bad faith" in not filing speeias nIea in insanity, pointing out that II IF conscientiously believed FOX 10 pc insane it could have filed. this petl- ion and argued purely on the merits of the insanity plea without placing their client in jeopardy. The state counsel argued that now II the Jury believes the defendant to be of un- eound mind, he will be liberated whereas he would have been con fined in the state asylum If the Jury had found for a special plea-
 The former congressman dramatl eally recounted the military career or Cohurn. The widow of the slain man and her daughter WHO HdNo sat "ANtA inc prosecution officer throughout the harrowiSg trial, wept audioly'
 Mir. Howard then made the direct charge that Fox, armed with an assassins dagger and cowards pls- tol," attempted to enter Coourn's or flee through another office so as to kill the lawyer from the rear and then escape.
 Fox bought the large hunting knife found on his person, the attorney charged, with the deliberate inten- tion of falling plea of self defense if he had found Captain Coburn alone in his office.
 O O O
 Charges Plan Failed.
 T can see him now" the attorney exclaimed, appearing before this jury with a plea of justifiable homt- eide. He would tell you he shot Co., burn, as that fearless man advanced on him with this hunting knife. His plan failed because he found the at torney in the company of man and a woman.
 "Iie tried even then to see Coburn alone, and was told to return in an hour. But instead of that, he turned at the door and. resting his auto matic on his arm, as mountaIneer ,YCAYWV - ~ww