Newspaper Page Text
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VOL, XXV. NO. 188.
EMIS MME
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BOTH HOUSES YIELD
Hopeless Deadlock Indicated
on Income Tax With Gen
eral Bill Also Tied Up in
Conference
The Georgia senate and house of
representatives agreed on one meas-
* ure over which there had been a
deadlock Thursday afternoon, but ap
peared to be hopelessly tied up on
the Lankford income tax bill and
had not reached an agreement on th®
general tax act.
The bill on which the two house*
finallly agreed was that of Repre
sentative Ennis, of Baldwin county,
providing for the creation of a state
department of revenue as an inde
pendent organization. The senate
had amended this bill so as to place
the department under the supervis
ion of the state tax commissioner but
receded ftom its position on recom
mendation of the conference commit
tee. The house then receded on its
stand for a twenty-five per cent pen
alty to be assessed against delin
quent tax payers and agreed to a
twenty per cent penalty. The house
\ then adopted the conference commit-,
tee report which had previously been
adopted by the senate and the bill
will become a law as soon is it Is
signed by the governor. ,
The house voted to insist upon
nineteen of the twenty amendments
to the general ta act from which the
senate would not recede, and ap-
* pointed Representatives Ennis, of
Baldwin, McMichael, of Marion, ami
Stewart, of Atkinson, as a confer
ence committee on house bill eleven
kno.wn as the general ta act.
The sixth conference committee
on the Lankford income tax bill re
ported to the house Thursday after
noon that it could not agree and
asked that a new committee be ap
pointed.
Senators King, Garlick and Red
wir.e and Representatives Howard,
of Chattaho< Becx ? of Carroll,
and Dykes, of Dooly, were appointed
as the members of the seventh con
ference committee.
The house members of the sixth
conference committee in submitting
their report offered a resolution for
adoption by the house and senate in-
* structing the conference committee
t. to recommend that the house recede
on two amendments and the senate
on one.
This resolution, which carries out
the message of Governor Walker, de
livered to the general assembly on
Wednesday, was to be introduced by
Representative Harris, of Jefferson
county.
It was pointed out that the failure
of the sixth committee from the sen
ate to recede in any way from the
provisions of the senate bill, might
be taken as committing eighteen
members of the senate to a stand-pat
policy, and to indicate that the sen
ate would not recede on the set-off
clause.
The point was raised that it would
> require a two-thirds vote of the en
tire membership to instruct a com
mittee on a bill that would amend
the constitution, but Speaker Neill
held that the resolution was merely
a suggestion and expressive of the
will of the majority of the. house
He ruled that it could be passed by
a majority of a quorum, since any
report of the committee would have
to. be passed on by the members
when submitted and would require a
' two-thirds vote at that time.
Under this ruling several legisla
tors who are opposed to an income
tax voted for the resolution, and it
passed by a large majority.
Friends of the administration tax
» program held a meeting in Governor
Walker’s office late Wednesday and
formed plans to make a final effort
for an agreement on the Lankford
income tax bill. They were encour
aged by the good effects of the chief
J executive’s message Wednesday, in
which he put it up to the general
assembly to get together on the tax
bill, or adjourn and stop spending the
public funds.
House May Recede
The result of the conference was
not made public, but it was predicted
4 that an effort would be made to
have the house recede from its
* amendments, and restore the bill to
the form in which it passed the sen
ate, with the exception of a provision
that “net” in the bill would not af
fect taxes upon gross incomes im
posed in the general tax act. It had
been stated that a constitutional
amendment providing for a tax on
“net incomes” would nullify the pres
ent tax on insurance company re
ceipts and soft drink revenues in the
general tax act.
The house Wednesday agreed to 38
senate amendments to the general
tax act and disagreed to 20 amend
ments, upon which the senate later
voted to insist. This puts the gen
eral tax act in the hands of a con
ference committee. •
The Weather
\ FORECAST FOR SATURDAY
North Carolina and South Caro
lina: Fair with slowly rising tem
perature.
Georgia: Fair; slowly rising tem
perature in north and central por
tions.
Florida: Generally fair; colder in
south portion.
Extreme North-west Florida: Fair
with rising temperature.
Alabama: Rising temperature.
Mississippi: Fair with rising tem
perature
. Tennessee, Kentucky: Fair; rising
temperature.
Louisiana: Partly cloudy and
warmer.
A rkajjsas: Fair, w armor.
Oklahoma: Fair, rising tempera
tures.
East Texas: Generally fair and
i warmer.
♦ West Texas: Fair, warmer except
in. southwest portion.
Newsboy to Lord Mayor
> BRADFORD. Eng.—H. M. Trotter,
the new Lord Mayor of Bradford,
was born in a slum and earned his
first money as a newsboy.
Published Every Tuesday, Thursday and Saturday
NEWS OF THE WORLD
■TOLD IN BRIEF
JAUREZ.- —Mexican federals, in of
i ficial dispatch, report victory over
j rebels in Jalisco battle.
BIRMINGHAM? Ala.—Miss Vir
-1 ginia Hayward Cornell, author and
I writer for magazines, dies.
I NEW YORK?-—Flood of Canad.an
! holiday liquor is pouring over border
' of northeastern New York state.
ROME. —Land slips' due to recent
floods threaten historic St. Angelo
bridge across the Tiber.
NEW YORK.—F ede ra 1 Judge
Knox signs decree dissolving Cement
J Manufacturers’ Protective associa
tion.
DENVER. —Four University of
Colorado students are killed when an
automobile crashes into bob sled
near Boulder, Col.
LONDON. —Fear that Ixs.wrence B.
Sperry, Aemrican aviator, had been
drowned in the English channel is
expressed by the Daily Mail.
NEW YORK. —Institute of Radio
Engineers presents medal of honor
for 1H22 to Lee DeForest, radio engi
neer, for invention of audion.
WASHINGTON.—President and
Mrs. Coolidge receive nearly 2,000
guests at White House reception for
members of the diplomatic corps.
ERIE, Pa.—Bishop Cannon an
nounces gift of SIOO,OOO by United
States Steel corporation for Roman
Catholic Home for Orphans in Erie.
MIDDLEBURY, Vt.—Fir tree is
presented President Coolidge by
Middlebury college, and loaded on
special car for shipment to Wash
ington.
NEW YORK. —Petition and mo
tion for voluntary dissolution of In
terchurch World Movement of
North America is filed in supreme
court.
PARIS.—The council of the
League of Nations decides to con
voke two international conferences
on the opium evil at Geneva next
November.
WASHINGTON.—Senator Lodge,
chairman of the foreign relations
committee, declares that he favors a
world court if it is divorced from the
League of Nations.
WASHlNGTON?—Prohibition par
ty will hold its national convention
at Columbus, Ohio, on an undesig
nated date prior to the Republican
and Democratic conventions.
WASHINGTON?—Brigadier Gen
eral Smedley D. Butler, marine
corps, has been granted leave for one,
year to take place as director of pub
lic safety for Philadelphia.
PHILADELPHIA?—Dr. George E.
Vincent, president of Rockefeller
Foundation, in address here, says
that cancer quacks are worse than
burglars.
WA SHI NGTON?—President Cool
idge announces that the administra
tion approves and encourages the
utmost private charity for relief of
the German people.
BUFFALO.—Yearling steer fed by
George Henry, of Woodstock, Ohio,
sells for what stockyard officials say
is record price, of sixty cents a
pound. Animal weighs 1,060 pounds.
Texan Is Rescued
After Ten Days in
Hollow Oak Tree
SAN ANTONIO, Tex., Dec. 13.
Imprisoned for ten days in the hol
low of a giant oak tree, Harry Com
stock, thirty-one, was rescued late
Wednesday by Bexax- county deputy
sheriffs and farmers.
Comstock, who had b««n without
food or water during his imprison
ment, drank almost a gallon of wa
ter within a short time. He was
taken to the Bexar county sheriff’s
office and a physician summoned.
Food was given him gradually.
He told his rescuers that he had
climbed into the tree in search of
shelter and fallen into the hollow.
His efforts to get out failed and
at intervals he shouted for help.
Not until noon yesterday was his
cry heard and help' summoned. It
took half an hour to hew into the
trunk.
Fall 111; Senate Quiz
On Oil Lease Waits
WASHINGTON, Dec. 12.—The
meeting of the senate public lands
committee, called for today to re
sume inquiry into leasing of naval
oil reserves, was postponed by
Chairman Smoot when he received
a physician’s certificate declaring
former Secretary Albert B. Fall
would not be able to attend.
Three Exceptional Offers
Tri-Weekly Journal i Ono 1 -e -1
and '■ Year | |
Southern Agriculturist ) Each /
You know what The Tri-Weekly Journal is. The Southern
Agriculturist is a standard monthly farm paper published
at Nashville, and is replete with excellent features.
Combination No. 51-A.
Tri-Weekly Journal
Southern Agriculturist | Ono I C |
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Combination No. 52-A
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Southern Agriculturalist > , ■ zT> -g r**
and Year I "j
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Weekly Commercial Ap- - J •
peal i /
A combination of The Tri-Weekly Journal and the Weekly
Commercial-Appeal will give you a finer news service than
almost any daily paper can afford. The Commercial-Appeal
is among the great newspapers of the country. The South
ern Agriculturalist rounds out an ideal combination.
WASHINGTON. —Representatives
of all branches of the lumber busi
ness conclude an agreement on a
set of standard sizes and grades
for lumber to be applied nationally
after July 1, 1924.
ST. PETERSBURG. Fla.—Exca
vators unearth barrel of ancient
| Spanish musket and piece of broad
sword believed to date back to time
DeSoto visited Tampa bay in fif
teenth century.
’BERLlN.—Chancellor Marx de
clares that Germany is absolutely at
the end of her resources and may be
compelled to appeal to the League of
Nations unless her situation im
proves.
NEW YORK.—Bishop Manning,
Rev. Dr. William Norman Guthrie
and vestrymen are silent as to what
actually occurred at conference on
activities of dancing girls at parish
house of St. Mark’s-in-the-Bouwerie.
NEW YORK. —Rev. Dr. William
Norman Guthrie, rector of St.
Mark’s-in-the-Bouwerie, and his en
tire vestry are summoned to ap
pear before Bishop Manning and ex
plain dancing celebrations given by
girls in parish hall of St. Marks.
WA S HINGTON.—Hiram Joh n son
attacks recent action of the Repub
lican national committee in restor
ing delegate strength of southern
states, and Chairman Adams upholds
the restoration, the situation thus
promising a battle in the Cleveland
convention.
PIERRE, «. D.—John Sutherland,
manager for Senator Hiram John
son, candidate for the Republican
nomination for president, says he
will file the senator’s name at the
head of the minority Republican
ticket at the March primaries in
South Dakota.;
W A SIII NG TO N .—Sen at or Bruce.
Democrat, Maryalnd, who voted for*
Mr. Cummins, Republican, for chair
manship of interstate commerce
committee, asserts he changed his
vote because Democrats were play
ing into the hands of insurgent ele
ment in senate.
COLUMBUS, O.—Rev. Frank P.
Park’it, Philadelphia, at meeting
here of executive committee of Fed
eral Council of Churches, urges that
religions prejudice be wiped out anil
advises that Protestant churches
adopt Roman Catholic lenten season
as a period of consecration.
CHICAGO. —Mandamus petition of
W. G. Anderson, negro attorney
who alleges he is entitled to seat in
state senate, which is vacant because
no special election was called to fill
seat and because he had received
two votes for’ it at recent judicial
election, is denied by Judge Joseph
David.
CHICAGO.—Robert E. L. Saner,
president of the American Bar asso
ciation asserts that through consti
tutional amendment and federal en
croachment the form of government
is being changed from a republic
into a political chaos, and urged
lawyers to defend “the ancient land
marks of our government.”
Woman Robbed of
Purse While Kneeling
At Altar in Church
NEW ORLEANS, La., Dec. 13.
Mrs. Joseph P. Stern, wife of the
publisher of an afternoon paper of
Montgomery. Ala., was robbed
Wednesday of her purse, containing
a small amount of money and a dia
mond ring valued at $l5O, while she
knelt m prayer in St. I.ouis cathe
dral on historic Jackson square, she
reported to the police.
While praying, Mrs. Stern laid
her purse on a pew beside her.
When she arose and prepared to
leave it was gone as also was a
man who, she recalled, had occu
pied a seat behind her.
Reproof of Child
Blamed for Killing
AUGUSTA, Ga., Dec. 13.—J. P.
Whitestone, night engineer at a local
ice plant, died last night as the re
sult of bullet wounds in the body
inflicted by Cordie Andrew’s at the
former’s home late Wednesday.
Whitestone received three pistol bul
lets in the body in the region of the
heart.
According to police information,
the trouble arose when Whitestone's
wife remonstrated with one of the
Andrews children. Andrews former
ly worked as oiler at the ice plant
under Whitestone.
Witnesses state that Whitestone
was shot down from the street by
Andrews as the former was standing
in his front door.
REBELS ENTRENCH
W TO BATTLE
OBREGON'S TROOPS
Fight for Control of Mexico
City Reported Imminent.
Huerta’s Followers Claim
New Successes
VERA CRUZ, Dec. 13.—(8y the
Associated Press.) —Newspaper cor
respondents accompanying the rebel
armies in their advance on Mexico
City telegraphed today that the sit
uation in the state of Puebla was
unchanged, but that a battle appar
ently was imminent.
The main body of the insurgent
troops has joined the advance guard
and the rebels are entrenched in a
line that runs from Esperanza
northwest to Oriental, a distance of
thirty-five miles, and thence west
to Apizaco, a stretch of thirty miles.
: The Obregon forces are centered
at San Andres, thirty miles south
of Oriental, where Generals Topete
and Almazan have about 1,000 men.
At Tehuacana, thirty-five miles south
of Esperanza, Generals Barbesa and
Lechuga have a similar number of
troops, and at San Marcos, forty
miles west of San Andres, the loyal
ists have another body of troops. It
is evidently the aim of the Obregon
forces to prevent the Esperanza and
Oriental rebel columns from meet
ing, at San Marcos, where the Mexi
can and Inter-Oceanic railways
cross.
“It is between these points, sure
ly,” wires one correspondent, “that
the deciding battle for the possession
of Mexico City will be fought.”
The insurgents at Oriental sent
out an exploration train, which, aft
er proceeding about twenty-five
kilometers, encountered a similar
train manned by Obregon troops.
The latter withdrew and when the
rebels pursued they found that the
tracks had been torn up for a dis
tance of four kilometers.
The chamber of commerce et Vera
Cruz has received word that goods
j may be shipped from American ports
to this citv without the visa of Mexi
can consul. This privilege has been
decided upon because of the ab
normal situation.
Bishop Calls Pastor
On Carpet for Dance
Held in Parish House
NEW YORK, Dec. 13.—Dr. Nor
! man Guthrie, pastor of St. Marks
| In-The-Bouwerie. and his board of
I vestrymen were called before Bishop
William T. Manning, of the Prot
estant Episcopal diocese of New
York, today to explain reports of
dances and festivals in the down
town church parish house. These
reports, have “shocked and scan
dalized” Bishop Manning, he said.
The dances, most of them of the
Greek classic variety, have been
given by young women members of
the parish, as a part of Dr. Guth
i lie’s avowed purpose of bringing
beauty into religion. Last week
newspapers gave considerable space
to a festival of St. Nicholas in
which they reported that young
men and women, dressed “like the
signs of the Zodiac,” mingled with
those in the audience and forced
them to join in the merry frolic.
At various other times interpreta
tive dances, in which colored spot
lights played as much of a part as
they do in the theater, have been
reported. Newspaper accounts have
declared girls in these dances have
been scantily clad.
Dr. Guthrie said he and the ves
trymen would heed the call of
Bishop Manning, but insisted each
member of the board would stand
by him in his determination to con
tinue the dances unless they were
ordered stopped by a general con
vention in which votes of bishops,
clergy and laymen would be taken.
Mr. John M. Morehead,
Former Carolina
Congressman, Dies
CHARLOTTE, N. C., Dec. 13.
Mr. John M. Morehead, former rep
resentative in congress and at one
time Republican national commit
teeman for North Carolina, died of
pneumonia at his home here today.
He had been ill one week. He was
fifty-seven years old.
Although Mr. Morehead s condi
tion had been pronounced critical,
physicians last night stated that
he was “holding his own” and ex
pressed hope for his recovery.
Mr. Morehead was engaged in
the textile business here. He rep
resented the Fifth North Carolina
district in the Sixtv-first congress.
RELATIVES LEAVE HERE
TO ATTEND FUNERALj
Mr. John M. Morehead, prominent ;
North Carolina business man, who
died Thursday morning at his Char- I
lotte home, was well known in At-1
lanta and Marietta.
His widow, who was Miss Mamie j
Garrett, is a sister of Thomas W. |
Garrett, well-known Atlantian, an 1 I
Lacey Garrett, of Marietta, both of
wham left Atlanta Thursday noon
to attend the funeral of their broth
er-in-law.
Mr. Morehead is survived by three
children, John L. Morehead, an as
sociate of his father in business; Gar
rett Morehead, who is a student at a
Virginia school, and Miss Catherine
Morehead.
Sixteen Chickens Brins
$16,000 at Mid-West
Poultry Exhibition
CHICAGO, Dec. 13.—Sixteen
thousand dollars wag paid for 16
chickens at the fifteenth annual ex
hibition of the great Mid-West
Poultry and Pet Stock association
here Wednesday.
The chickens were blooded Black
Minorcas, and were owned by
Charles G. Pape, of Fort Wayne. j
Ind. The man who paid SI,OOO a
piece for them was Frank E. Paige,
of Medina, N. Y. Mr. Paige plans
to ship his feathered purchases east
immediately after the poultry show
to use them for breeding purposes.
THIS PHOTOGRAPH OF PHILIP E. FOX, SLAYER OF CAP
TAIN W. S. COBURN, was snapped by a Journal staff photog
rapher Wednesday morning in Fulton superior court room, where
Fox is on trial before Judge G. H. Howard. Fox has refused
steadfastly to pose for a picture since the Coburn slaying on No
vember 5.
v'
. ’ ■'■
GEORGIANS GIVEN
GOOD COMMITTEE
PLAGES IN HOUSE
Atlanta Journal News Bureau,
408 Evans Building.
BY THEODORE TILLER
WASHINGTON. Dee. 13.—Rcten
! tion of places on important commit
! tees with few shifts are marked in
■ the house organization for the mem
bers of the Georgia delegation. Po
sitions as the ranking Democrat on
some of the committees ar ereached
by several Georgians, which means
these representatives will become
the committee chairmen if the Dem
ocrats gain control a* th* braise at
the next election.
One outstanding change is the as
signment of Representative Larsen
t othe influential merchant marine
and fisheries committee, and his re
tirement from the three committees
on which he served in the past con
gress. Representative Moore, the
new member from Georgia, goes to
the education committee, on which
Representative Brand served in the
last congress. Judge Brand retains
the place he most desired on bank
ing and currency, and already has
offered several measures referred to
that committee for action. Several
veteran members of the Georgia del
egation have places on just one on
tw ocommitees, because such com
mittees have so much work ahead
of them in this congress that diver
sified assignments aie impractica
ble.
New Members’ Places
Representative R.‘ Lee Moore, of
the First district, is assigned to the
committees on coinage, weights and
measures; education; expenditures in
the department of agriculture. His
predecessor, J. W. Overstreet,
served on the rivers and harbors
committee.
Representative Frank Park, of
the Second district, retains his mem
bership as the ranking Democrat on
the accounts and library commit
tees, and membership on the public
buildings and grounds committee.
Representative Charles R. Crisp,
of the Third district, continues on
the ways and means emmittee, and
by virtue of that membership is one
of the representatives on the Dem
ocratic committee on committees
which makes all minority assign
ments.
Representative William C. Wright,
of the Fourth district, retains his
membership on the military affairs
committee.
Representative William D. Up
shaw. of the Fifth district, has the
ranking minority place on his three
committees, alcoholic liquor traffic,
labor, and pensions, on all of which
he served during the past congress.
Representative J. W. Wise, of the
Sixth district, continues as a mem
ber of the judiciary committee.
On Appropriations Committee
Representative Gordon Lee, of the
Seventh district, remains as a mem
ber ofthe appropriations committee,
handling anpual appropriation bills
carrying several billions of dollars.
Representative Charles H. Brand,
of the Eighth district, relinquishes
membership on the committees on
education and expenditures in the
interior department committees, but
remains as a member of the banking
and currency committee.
Representative Thomas M. Bell,
of the Ninth district, is the ranking
Democrat on the postoffice and post
roads committee, and its next chair
man if the Democrats win the next
house.
Representative Carl Vinson, of the
Tenth district, continues as a mem
ber of the naval affairs committee,
on which he is the ranking minor
ity member, and potential chairman.
Representative William C. Lank
ford, of the Eleventh district, is
assigned to the committee on irri
gation of arid lands, and relinquish
es his membership on the industrial
arts and exposition committee. He
remains on the committees on rail
way and canals, and territories.
Representative William W. Lar
sen, of the Twelfth district, goes on
the big merchant marine and fish
eries committee, and gives up his
committees of the. last congress,
namely, census, public lands and
roaxis. . ..
Atlanta, Ga., Saturday, December 15, 1923.
BEB PROTESTS
SUSPENSION ORDER
IN COURT HEARING
After attorneys for ths pcilee
j committee and Chief James L.
Beavers had completed their argu
ments at 2 o'clock Thursday after
noon on the motion of the chief
seeking a permanent injunction re
straining the committee front sus
pending him under charges of inef
ficiency as preferred on February
10, Judge E. D. Thomas announced
that he wished to consider all pa
pers in the case and that he prob
ably would be unable to announce
his decision before sometime Fri
day. The jxjdge ordered that in the
meantime the chief’s condition
should remain status quo.
Attorney George C. Spence, ap
pearing for Chief Beavets, contend
ed that the police committee, in sus
pending Chief Beavers at its meet
ing Wednesday night violated two
'orders of the court and that, there
fore, their action was Illegal and
| void.
Attorney Jesse M. Wood, appear
ing for the police committee, argued
I that the committee acted entirely
■within its right and hud violated no
. orders of the court, but had car
i ried out its orders implicitly.
I Attorney Spence contended that
; the police committee in suspending
Chief Beavers directly violated an in
junction granted on February 15,
1923, by Judge George L. Bell, which
restrained the committee from pro
ceeding with the suspension of the
chief under charges preferred on
February 10. He said the committee
further violated an order of the
court given on March 22 which re
strained the committee from appoint
ing Assistant Chief E. L. Jett as act
ing chief of police. He asked the
court to permanently restrain the
committee from suspending the chief
under the charges.
Although the petition asked for a
temporary injunction, Judge Thomas
did not grant one.
The police committee voted four to
one to suspend the chief, Councilman I
Wells being the only member to vote ;
against the action. Chairman Armi- >
stead and Councilmen Woodall, Beall ,
and Cooper voted for the suspension. ;
The charges of inefficiency set out i
a number,of specific instances of al- '
leged inefficiency of the chief and of :
| his alleged inability to conduct the ‘
affairs of the polce department.
Jett Named Chief
The committee later set the date
for the chief’s hearing as next Tues
day night, and appointed Assistant
Chief E. L. Jett as acting police
chief. W. T. Morris, secretary to '
Chief Beavers was named acting as
sistant chief.
Attorney Spence said Thursday
that on February 15 he got an order
from Judge George L. Bell restrain
ing the police committee from sus
pending the chief under these
charges, and that this order never
has been argued or revoked and is
I still in force.
SI.OO
Circumstances, which we
could not anticipate when
we made up our annual
clubbing list, have arisen
whereby it is now possible
for us to offer another pa
per—and it is a fine one —
with The Tri-Weekly Jour-,
nal for $1 for a yearly sub
scription to both.
This paper is the Weekly
Memphis Commercial-Ap
peal, one of the great news
papers of the country.
In all sincerity, we urge
you to take advantage of
this offer quickly, for we
cannot say when we will
be forced to withdraw it.
Those who have recently
renewed their subscriptions
but who would like to take
advantage of this offer may
send a dollar and get the
Weekly Commercial-Appeal
for twelve months and an
additional year of The Tri-
Weekly Journal.
MIR PLEA IS MADE
FOB COBOBN SLAYER;
BROTHER WAS LUNATIC
A doctor’s certificate to show that Philip E. Fox’s brother
died in Boston, Mass., on April 14, 1906, of “violent insanity” was
evidence offered by the defense Thursday afternoon in support of
its contention that the slayer of Captain W. S. Coburn was insane
at the time of the homicide.
Immediately after the state had rested unexpectedly at 2:15
o’clock, without calling more than half its witnesses, Attorney
Frank Hooper, Sr., outlined an insanity plea for his client to the
jury. .
i Aftsr t:.e defense had presents 1
’ evidence •.mid o’clock in support of
i the insanity plea, court was recessed
I until 9 o’clock Friday morning. Aft
I er the defense rests, the state will
offer rebuttal testimony before the
beginning of arguments.
j "We expect to show you,’’ Al or
i ney Hooper said, “that this man,
i though born in Montgomery, Ala.,
| spent most of his boyhood and young
I manhood in Massachusetts. Wc ex
pect to show you that insanity ran
in liis family and that in his early
manhood, he lived under a cloud of
fear that he would follow in the foot
steps of his family and be insane.
"We will not deny that he unques-
■ tionably shot and killed Captain Co
i 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 1918
when the great epidemic of in
fluenza was abroad in the land.
Philip Fox has never been the same
man since that lime and we expect
to prove it.
"We expect to show that this at
tack was followed by another and
another and another, one of the last
j coming only a short time before he
; moved to Atlanta.
| "We expect to show yob that after
| he came here and got into this at
| mospheie of unrest and litigation
1 he suffered another attack and that
it was while his mind was thus tern
porarily deranged, while he was la
boring under this fearful cloud, that
he unfortunately shot 'and killed
Captain Coburn, a man whom he did
not know and whom he had nothing
against.
• “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
a verdict of not guilty.”
Motive lor Killing
The state rested unexpectedly at
2:15 o’clock, without calling half of
its witnesses and without presenting
a. motive save in the testimony of
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:
“I had to. . . . He had infor
mation 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: “I went to
Coburn’s office to try to get him to
withdraw those charges. He refused
and I shot him.”
I Pastor Defense Witness |
j Dr. Charles W. Duffield, pastor of
l the St. Luke’s Episcopal church, of
I Boston, Mass., was the first defense
■witness called. He related how back
I in 1904 the Fox family belonged to
i his church and that Philip Fox at
; the age of seventeen became a
1 teacher in the Sunday school.
| Dr. Duffield, under questioning by
j Mr. Dorsey, said that Philip Fox’s
■ father, Samuel H. Fox suffered se-
I vere business losses and appeared as
'one “mentally stunned.” He also
I saiX that Jack Fox. a brother of
I Philip Fox. was not normal mentally
and appeared to be weakminded.
Under cross questioning by Attor-
I ney William Schley Howard Dr. Duf
! 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 “an exceptionally bril
liant boy.”
Asked by Attorney Howard if he
had read any of Fox’s writing in
“The Nighthawk,” the klan 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 brother's death on
April 14, 1906. The doctor’s 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
fendant. Among them were Judge
Charles A. Tippen, for seven years
criminal district judge at Dallas, Tex.
He said he had known Fox for ten
years, and knew him to be a man of
splendid reputation.
“Didn’t he have a fight with the
mayor of Dallas?” Solicitor Boykin
asked in cross examination.
“I wouldn’t call it a 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 rapped se
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
fied to the defendant’s good charac
ter. The defense attempted to prove
by Spearman Webb, an attorney of
Sherman, Tex., a former roommate
of Fox, that the defendant frequent
ly predicted that he would go insane
and that he was subject to fits of
melancholia. The state objected vig
orously, asserting that the testimony
was self-serving.
Objection Is Overruled
Judge Howard overruled the ob
jection. after excusing, the jury to
allow counsel to aigeu the case and
a CENTS A COPY,
$1 A YEAR.
going to his own library to consult
authorities on the subject.
Continuing his testimony, Attor*
ney Webb said:
“Philip Fox told me that he lived
in constant dread of going insane.
Some time before hi.s marriage, he
was worried as to whether or not
he should tell his fiance of his phys
ical condition. 1 advised him not to
do so, because 1 attached no im
portance to it.” i
Asked by Solicitor Boykin who had
paid his expenses to Atlanta, the
witness replied that he had done so
himself, and had volunteered his
services as witness “because I knew
Phil Fox could never have commit
ted that murder on a defenseless
man.”
Bradley B. Hogue, editor of the
Dallas Times-Herald, testified he had
known Fox for about twelve years,
and that his reputation was of the
best. He also recounted how Fox
suffered a nervous breakdown in
1918, and that he had never been
the “same man since.”
Mr. Allen testified that he saw a
man coming down the seventh-floor
steps. He said he had heard the
shooting but did not know if tljiis
was the man who did it. Looking
up, he says, he saw a woman point
ing. He says he was under the im
pression that she was shooting at
the man and that he was in the line
of fire.
He stepped back momentarily but
the woman continued to point and
scream and he grasped the man by
the left shoulder and told him to
halt.
“I’m the Man,” Fox Said
“When I told him to hold up hie
hands he said to me: ’l’m the man.
I'm through.’ ”
Mr. Allen then testified that h®
searched Fox’s clothing for a pistcl
but found none. However, he said,
he found a large hunting knife in
his right hand coat pocket.
Mr. Allen then took Fox into »
private office, he testified, and stay
ed closeted with him until the police
arrived.
Following is the conversation
which transpired between Fox and
i Allen while they were alone, accord
j ing to Mr. Allen’s testimony:
| “What is your name?” Mr. Allen
asked.
"Fox,” was the reply.
“Do you live here?”
“No.”
“Where are you from?”
‘Texas,” was the reply.
Then Fox is said to have taken up
the conversation and asked;
“Is he dead?”
“Who?" Mr. Allen asked.
“Captain Coburn.”
“I don’t know,” Mr. Allen replied.
Hint as to Motive
Then, Mr. Allen said, he asked the
man: “Why did you shoot him?”
“I had to,” Fox was said to have
replied. “He had information and
dope about me that he was going to
give out which would have ruined
me.”
Mr. Allen said Fox told him that he
purchased the knife earlier in the
day for protection.
Continuing the witness declared
Fox told him:
“ ‘I went to Coburn’s office to try
to get him to withdraw these
charges. He refused and I shot
him.’ ’’
“Did he comment on how he felt
about the shooting?” Solicitor Boy
kin asked.
“Yes,” the witness answered. “He
said:
“ ‘I am glad; I’m sorry.’
“At that point I said to him:
“ ‘Fox, 1 advise you not to commit
yourself in any way until you get a
good lawyer. The officers and news
papermen will be here in a few min
utes and I advise you to say noth
ing.’ ”
At this point Attorney Allen in
terposed a quick and vigorous ob
jection, declaring:
“The state is attempting to to bind
this prisoner by the declarations of
a third party who held him under
arrest at the time the statement
was made and who had no connec
tion with the case whatever.”
Serious Blow for Defense
A fiery legal tilt between Attorney
Allen, for the defense, and Solicitor
Boykin and Attorney Howard, for
the state, the state contending that
all portions of the conversation
were admissable under the laws of
Georgia.
Judge Howard ordered the jury
to leave the court room while attor
neys argued the disputed statement.
As the jurors filed slowly out Fox
sat with his head buried in his
hands, his body slumped deep into
his chair and trembling violently.
Attorney Alien based his objection
on the grounds that Fox was under
arrest at tjie time of the conversa
tion with Allen, “with a knife press
ed against his body,” and also on
the ground that Fox had no control
over anything that Allen said and
should not be bound thereby.
Judge Howard held that all parts
of the conversation were admissible
and the jury filed back info the box.
Soldier Bonus Bill f
Reintroduced Into
House by Illinoisan
WASHINGTON, Dec. 13.— The
soldier bonus bill which passed con
gress last year and was vetoed by
President Harding was reintroduced
today by Representative McKenzie,
Republican, Illinois, at the request
of Republican veterans in the house.
It carries only minor changes from
the criminal LbjlL,