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Atlanta ETH-Wcckly it t-nul
VOL. XXV. NO. 190.
' GRECIAN MONARCH
AND QUEEN FORCED
TO LEAVE CDUNTRV
Republic to Be Proclaimed
by \ Revolutionary Party.
Reign of King George Be
lieved Ended
ATHENS, Dec. IS.—(By the Asso
ciated Press). —King George and
Queen Elizabeth will leave Athens
A tonight for Rumania, it is an
nounced by the newspapers here to
day.
The official communique issued
after the cabinet meeting said:
* “As the constituted assembly
based on the elections is about to
meet to discuss the regime best
suited to the country, the heads of
the revolutionary government con
sidered that, with a view to assur
ing calm in the debate on this very
important question, it was their duty
to convey to his majesty, the king,
the opinion that he should leave the
country until such time as a final
decision has been reached regard
ing the regime.
Premier Gonatas and Colonel Plas
tiras, advices say, signed the letter
requesting the king to leave after
they had been interviewed by the
military and naval delegation and
others who urged removal of the
dynasty.
The letter to King George, it is
said, was couched in stern language
and contained the intimation that
his departure, by evening at the lat
est, was imperative. He replied that
inasmuch as it seemed to be in 'the
■interests of the nation for him to
leave Greece he would do so at the
earliest possible moment.
MACHINE GLN FIKE .MOWS
, DOWN DEMONSTRATORS
LONDON, Dec. IS. —According to
the Athens correspondent of the
Daily Mail the liberal victors in Sun
day’s election plan to urge the first
meeting of the national assembly to
authorize a plebiscite with a view
to changing the present regime.
' The party proposes also to start a
discussion regarding the form of
republic to be established, the dis
patch adds. If the assembly decides
to adopt the French system the
noted banker, Sir Basil Zaharoff will
be invit.l to become the first presi
► dent; if the United States plan is ac
cepted the . post will be offered to
Venizelos.
The Daily Express describes the
tragic events of Sunday, December
9. asserting that while the immense
crowd remained within the precincts
, of the-Temple of Jupiter where the
’ demonstration was held, all was
•qutet. -but when the people began to
move across the streets detachments
of cavalrv and machine guns were
sent to disperse them.
“The crowd resisted for hours, de
spite the execution done by the ma
chine guns and the swords of the
cavalry,” the paper says. “Then a
granade was thrown from the head
quarters of the revolutionaries which
strew the street with wounded and
i left fifteen dead.
“An indescribable scene followed.
F our cordons of troops guarded the
passage leading to the Colonnade
of Jupiter. The crowd forced the
first cordon, the second cordon
charged with swords but gave way,
the third cordon tried to stop the
rush with machine guns, mowing
, down the front line of demonstra
tors, and then the crowd fell back.
But it regained its ground, where
upon a deo-"hment of cavalry rode
down on it and the infantry, with
rifles and revolvers, finished the
work, leaving the ground littered
with bodies.”
I Another telegram reports that a
delegation, representing the army
and navy, last evening informed
Colonel Plastiras that the officers
of both services regarded the re
moval of the dynasty as a national
necessity.
British diplomats who are familiar
with the acute political situation in
Greece see little chance of saving
King George’s throne and the for
eign office apparently has been recon
ciled to the fact.
World Cotton Survey
Proposed in Harris Bill !
WASHINGTON. Dec. 18.—An an
nual world survey of cotton by the
department of commerce is proposed
in a bill introduced today by Senator
Harris, Democrat, Georgia. It is
similar to a measure passed by the
senate at the last session but which
failed in the house during the clos
ing days.
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NEWS OF THE WORLD
TOLD IN BRIEF
TEGUCIGALI’A, Honduras.—Mar
tial law declared throughout repub
lic, with view to forestalling possi
ble revolution.
WASHINGTON." Total value of
this year's crop is $872,891,000 above
last year, department of agriculture
announces, with total value being
placed at $8,322,695,000.
ROME.—Premier Mussolini writes
Minister of Public Works Carnozza
that, in reference to holding new
elections, he has not decided to con
sult the country.
NEW YORK.— Surgeon sues Doris
I Keane, actress, for $20,085, declar
ing she changed her mind about
loperation after he went to Paris
to do the work.
I ST. PAUL.- —Andrew J. 'Volstead,
jat St. Paul, says that American
; people have grown weary of making
i home brew and never wiil permit
the lawful return of liquor.
PIERRE, S.~D.~—William Gibbs
McAdoo, in telegram to South Da
kota Democratic chairman, formally
announces candidacy for Democratic
presidential nomination.
WASHINGTON. —-Cancer last year
killed 80,938 people in the United
States registration area, according to
actual figures and census bureau
estimates that cancer deaths for the
whole country were 95,000.
NEW YORK?—Edwin F. Gay,
president of The New York Evening
Post, admits that negotiation for
sale of publication to Cyrus H. K.
Curtis, of Philadelphia, ar© under
way.
MOSCOW.- —Moscow government is
hopeful of reply from President Cool
idge to Foreign Minister Tchitcher
in’s note asking resumption of friend
ly relations between Russia and
America.
NEW YORK.—Descendants of Jay
Gould begin final phase of legal fight
which ■will ultimately determine what
is to become of $82,000,000 estate.
There are eight mail sacks of docu
ments to be read into record.
FREDONIA, N. Y. No person
was criminally responsible for the
Twentieth Century Limited wreck
on New York Central railroad at
Forsyth, N. Y., December 9, Coroner
George E. Blood announces.
WASHINGTON.—SamueI Gompers
praises Mr. Hughes’ reply to Rus
sian overtures and declares that the
soviet organization in Russia is a
communist machine which "must re
main at war with free peoples as
long as it Jives.”
PIERRE, S. D. Hiram Johnson
declares that he will run as inde
pendent Republican in South Dakota
primary when he learns that su
preme court of that state has for
bidden the filing of his name on the
Republican minority ticket.
JOUMTOEm
MTU MIK
HEIST COOLIDGE
WASHINGTON, Dec. 17.—Papers
to pla’ce the name of Senator Hiram
Johnson before the Republicans of
South Dakota as a candidate for the
Republican presidential nomination
are to be filed today in the senator’s
behalf with the South Dakota secre
tary of state at Pierre. A power of
attorney has been forwarded to
Pierre by Senator Johnson together
with a formal application for a place
on the primary ballot.
The California senator believes
that injunction proceedings which
have been begun to keep minority
nominations off the South Dakota
ballot will not interfere with the
filing of his papers.
DeKalb Officers Take
Thirteen Whisky Cars
Thirteen automobiles and ever 600
gallons of liquor have failed into the
hands of the DeKalk county officers
as the result ot a special Christmas
drive on bootleggers and whisky
runners during the past nine days,
the officers announced Tuesday.
Several arrests Lave been made in
connection with the drive.
Plenty to Talk About
BUDAPEST. —A fellow has to be
at least 70 to get into Budapest’s
newest and most "exclusive” club.
Several score septuagenarians, octo
genarians and nongenarians already
are enrolled. Weekly meetings are
held for discussion of the “good old
days.”
OTTAWA. —Canada exports near
ly nine million more bushels of
wheat in November, 1923, than same
month a yeai - ago, 64,196,963 bushels.
DETROIT.—Fisher Body corpora
tion announces purchase of 100,000
acres of tirnberland in southern
states to assure uninterrupted sup
ply of raw materials.
VERA CRUZ.—Rebel reinforce
ments have compelled Obregon
troops to withdraw from San Mar
cos, according to unofficial reports
reaching - Vera Cruz.
OKLA HOM A~~CITY. Hotel pro
prietor at Marlow, Okla., is shot and
killed instantly when he seeks to
protect negro porter from unmasked
band that would lynch him.
CLEVELANIS. —' Hiram Johnson
intends to make Ohio one of the
vital battle fields in the pre-conven
tion campaign and Frank H. Hitch
cock lays preliminary lines for the
campaign.
BERLIN—Former kaiser wins ver
dict against editor of General
Anzeiger, a newspaper that printed
a fetory blaming William for suicide
of a young German naval officer in
1895.
PARIS. ■— Germany’s request for
authority to pledge resources of
Reich as guarantee for loan of from
$50,000,000 to $70,000,000 to buy. fats
and grain abroad, is delivered to the
reparation commission.
EL PASO. Wealthy Americans
interested in mining in state of Du
rango, Mexico, are financing organi
zation of defense units to oppose rev
olution, according to telegrams re
ceived here.
MINNEAPOLIS. —'Norman Ryan,
Canadian bandit, admits that he’has
held up two jewelry stores in Liver
pool, England, and a bank in Flint,
Mich., in addition to the other
crimes he is said to have committed.
CHICAGO.—C ongr es s Hotel,
opened in 1893 and battle ground of
a host of national conventions, is to
be replaced by $22,000,900, thirty-two
story structure, which will make it
one of the largest hostelries in
world, it is announced.
WASHINGTON Representative
Garner, Texas, ranking Democrat on
house ways and means committee,
declares that 525,000 large income
surtax payers will profit most from
Mr. Mellon’s tax reduction plan.
Rev. Dr, Karl Rciland, rector of
St. George's church, New York city,
says that Protestant Episcopal fun
damentalists will not dare to bring
to trial cither Rev. Dr. Leighton
Parks or Bishop Lawrence, and also
asserts that liberal churchmen will
refuse help to raise funds for the
Cathedral of St. John The Divine,
“an aspect of the discussion that will
cut deep in the New York diocese.”
REBELS DEFEATEO
BY FEDERAL TROOPS
LED BE OBREGON
EL PASO, Tex., Dec. 18.—Federal
troops have taken San Marcos, the
important strategic point between
Vera Cruz and Mexico City, and are ■
advancing steadily toward the sea
port stronghold of the rebels, accord
ing to advices received today by the
Mexican Consul General Enrique D.
Ruiz.
Fighting for the possession of San
Marcos had been under way for
mor ethan 16 hours before the rebels
were forced to retreat, Mr. Ruiz was
advised. The federals captured an
immense amount of ammunition,
small arms, a number of cannon and
several trains used by the rebel
forces for transportation, Mr. Ruiz!
was informed.
President Obregon himself is di
recting the federal troops and is
commanding the pursuit of the rebel
forces in an effort to make the vic
tory even more complete.
The message was from Generali
Francisco Serrano, secretary of!
war, who expressed confidence thatj
the rebellion would end shortly.
AMERICAN GOVERNMENT
STICKING TO OBREGON
WASHINGTON, Dec. 18. The
revolutionary movement in Mexico
has not operated to change the pol
icy of the American government to
ward Mexico, it was announced to
day at the White House.
REBELS ARE REPORTED
DRIVEN FROM PUEBLA
MEXICO CITY, Dec. 17—(By the
Associated Press.) Revolutionary
forces evacuated Puebla tonight and
federal troops have occupied the city,
according to a war department an
nouncement.
18 REPORTED KILLED
AS REBELS ARE ROUTED
JUAREZ, Mex., Dec. 18. —(By the
Associated Press.) —Complete rout of
the reactionary forces in Y'era Cruz
is expected momentarily, said a mes
sage received here early today by
Colonel Roman Lopez, garrison com
mander, from General Quijano, com
mander of the northern zone, with
headquarters at Chihuahua City. A
big drive against the revolutionists
at San Marcos, Puebla, 160 miles
from Mexico City, probably vzould be
under way today, according to an
other telegram from General Fran
cisco Serranto, secretary of war and
marine.
Ten men were killed in engage
ments in the vicinity of Guadalupe
Sunday in a clash with fiscal gen
darmes, officers here were advised
unofficially. At San Ignacio, whence
a party of the insurrectionists fled,
eight men, including fiscal guards
and soldiers, were killed, the report
added.
30,000 Air Passengers
CROYDON, England.—Since 1919
more than 50,000 passengers have
been carried by airplane between
England and the continent.
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Write them today for free informa
tion. — (Advertisement.)
'FOBOANNOUNCES
HE WILL NOT HUN
AGAINST COOLIDGE
Announcement Highly Grati
fying to White House,
President Expected to Send
Message of Thanks to Ford
DETROIT, Dec. 19.—(8y the As
sociated Press). —Henry Ford today
declared he, “like a great majority
I of the American people, “feels that
the country is “safe with Coolidge,”
and that he himself 'would never
consider running against Mr. Cool
idge on any ticket.
“I believe it is the wise and natu
ral thing for the people to agree on
the nomination and election of Mr.
Coolidge,” Mr. Ford said. “I am
satisfied that 90 per cent of the peo
ple feel perfectly safe with Coolidge
and I feel, too that the country is
perfectly safe with him. And if this
is the feeling of the country, why
change?
“Mr. Coolidge has shown in these
months of service a great many
qualities that should please his coun
trymen. I think they all feel that
Mr. Coolidge means to do right. And
when a man means to do right, so
fur as I have observed, it is usually
quite easy for him to find the way
to do right.
“Some people seem disturbed over
the conditions which business will
face during the presidential election
year. Os course, there must be an
election. But there is no reason why
business should be disturbed by it
if the people by common consent
agree they will hold to a good man
while they have him. Public senti
ment can be so formed before the
election that there need be no doubt
about the election.
“In addition to considering the in
terests of the people, we should con
sider the interests of the president,
as head of the American govern
ment. President Coolidge has a posi
tion of the highest responsibility.
He should not feel compelled to take
any of his time or strength for any
sort of political campaigning, and
for the sake of the country as well
as for his own sake, he should not
have to do so.”
Won’t Oppose Coolidge
Asked concerning the use of his
own name in connection with the
presidency, Mr. Ford said:
“No man has a right to say he
never will consider public office, nor
accept public office, No man can
predict his own acts and feelings so
strongly as that. But ’his I will say,
that I would never for a moment
think of running against Calvin Cool
idge for president, on any ticket
whatever. In this present situation,
1 am for Coolidge.”
Regarding the numberous Ford
for president organizations' and the
recent Ford conference held here,
persons close to the automobile man
ufacturer said he had given them
not a half moment’s thought.
“It was something Mr. Ford could
not call in the police to stop,” one
official asserted, “so the clubs con
tinue to function although none of
them has the sanction or support of
Mr. Ford.”
WHITE HOUSE CIRCLES
PLEASED BY ANNOUNCEMENT
WASHINGTON, Dec. 19.—Henry
Ford’s announcement in favor of
President Coolidge furnished a dou
ble-barreled sensation to political
circles in the national capital.
At the White House it was re
ceived with undisguised satisfaction
and it was said the nresident would
send Mr. Ford a personal telegram
of thanks.
Among the democrats there was
an evident conviction that the air
had been cleared with respect to the
nomination of a Democratic presi
dential candidate in 1924.
Woman Teacher
Killed Accidentally
By 8-Year-Old Boy
ROME, Ga„ Dec. 19.—Mrs Beulah
Branton, 35, country school teacher,
was shot and instantly killed last
night by Rufus Nichols, 8 years old,
with a pistol his father had bought 1
for Mrs. Branton as a Christmas
present.
Mrs. Branton was attending a
Christmas party at the home of Mr.
and Mrs. L. J. N.chols, in Spring
Creek. The school teacher lived with
her litle sister and Mr. Nichols had
bought he pistol for her to use for
protection. He explained its work
ings and then laid the weapon aside.
Later in the evening the boy en
tered the room where Mrs. Branton
was seated, playfully pointed the
pistol at her at close range and
fired. He did not know the pistol
was loaded.
Mrs. Branton lost her husband and
two-year-old daughter -within the
same week about two years ago.
Santa Claus Arrested
As He Trades Presents
For Christmas Whisky
KANSAS CITY, Mo., Dec. 19
Lloyd Mason was a backslider in
the ranks of Santa Claus.
Mason hired to deliver dolls for
a department store. Santa admitted
stealing four dolls and three car
riages which he was supposed to
deliver to good little girls. He was
Arrested while trading the stolen
goods for a quart of whisky and
fined SSO.
Harris Would Outlaw
Wooden Passenger Coaches
WASHINGTON, Dec. IS.—A bill
to require the use of steel passenger
cars in interstate commerce was in
troduced today by Senator Harris,
Democrat, Georgia. Senator Harris
also introduced a bill to prevent the
use of wooden cars in front of or be
tween steel cars in passenger trains.
Texans Near to Blows in Court
Over Testimony in Trial of Fox
' Dallas Attorney Who De
clared Fox "Positively
Sane” Is Kissed by Ka
melia Head
At the afternoon session, the
state began to tender in evidence
photographs and other documentary
evidence concerning the slaying, in
i dicating that the prosecution would
shortly complete the presentation of
rebuttal testimony.
A sharp exchange of words in
which the lie was passed almost cul
minated m a fight Wednesday morn
ing between Preston Reynolds, law
yer, editor and church layman, of
Dallas, Tex., the first Texan to ap
pear as a state’s witness in the mur
der trial of Philip E. Fox, and At
torney J. E. Newberry, Dallas law
yer, Associated in the defense of the
< slayer of Captain W. S. Coburn.
Immediately after the luncheon re
cess, Judge G. H. Howard directed
that Mr. Reynolds, be held until 6
o’clock, when he will be given a hear
ing on a contempt of court charge.
“Ar© you not under indictment in
Texas charged with the embezzle
ment of funds from a client?”
queried the attorney durnig the
cross-examination of the witness,
who had declared Fox “positively
sane,” and Mr. Reynolds shot back
“That’s a lie,” rising from his chair
as if the affront might develop‘into
a physical encounter. The presence
of deputy sheriffs and bailiffs pre
vented any further disturbance.
Air. Reynolds, describing the de
fense attorney as “an inveterate po
| litical enemy,” asked Judge G. H.
Howard for protection, and Attorney
Newberry made a similar request.
The cross-examination proceeded and
the witness declared the indictment
referred to was “a character assasi
nation because I sued your gang so:
slander and libel,’- and that it was
returned b ya grand jury “especially
picked to pass on the cases of high
klan officials and to keep them from,
going to the penitentiary.”
Woman Kisses Witness
Court was recessed for lunch while
the cross-examination of Mr. Rey
nolds was in progress, and the wit
ness was to resume nis place on the
stand at the afternoon session.
Immediately upon going to the
witness room, Mr. Reynolds was
caught and kissed by a woman who,
it was stated, was Mrs. Albrith
Wolfe, active in the Kamelia organ
ization in Texas. With Mrs. Wolfe
was Airs. Sallie Osborn Cooper, queen
of the Alabama Kourt of the Kame
lia, giving her residence as Birming
ham, and Mrs. Eula Osbourn, head
of the imperial guard of the Ka
melia, residing in Atlanta. These
last-named women told newspaper
men that the majority of women in
attendance upon the klan editor’s
tiral were members of the Kamelia.
The cross-examination of Mr. Rey
nolds furnished a stormy climax to
the Wednesday morning session,
which also was enlivened by the at
tempt of the prosecution to show a
motive for the shooting of Captain
Coburn in that Coburn held certain
affidavits which bared alleged mis
conduct on the part of the klan edi
tor.
Air. Reynolds shook his fist at the ■
defense attorney when he was asked i
concerning his publication. “The ,
Common Cause,” which, the at- ;
torney intimated, went broke because i
the editor could not borrow funds.
Recess Breaks Off Tilt
Court was recessed during a lively;
tilt between the witness and the at-1
torney.
Policeman C. O. Cochran, who ar
rested Fox, after the shooting, testi
fied as to the conversation he had
with the defendant while he had him
in custody.
“I asked why he shot Coburn and
he replied: ’He had something on me,
was fixing to ruin me. He had an
affidavit which he said he was going
to publish. I went to his office to
get the paper and when he refused I
shot him.’ ”
Deputy Sheriff Prickett, one of
eight bailiffs in charge of the Philip
E. Fox murder trial jury, reported
Wednesday morning upon his ar- I
rival at the courthouse that he had I
been forced to threaten to draw his
gun to disperse a group of men who
followed the jury from the Hotel
Ansley to the corner of Forsyth and
•Hunter streets.
Deputy Prickett said the group has
followed the jury on several occa- 1
sions and that they became so per
sistent and came so close to the tales
men Wednesday morning that he
placed his hand on his revolver and
threatened to shoot. The group
quickly dispersed, he said.
Delay in Starting
A slight delay was experienced in
getting under way Wednesday morn
ing, due to a conference between
state's attorneys.
Fox entered the courtroom pre
cisely at 9 o’clock, almost simul
taneously with Mrs. Coburn, her
daughter, and Captain Coburn's sis
ter. Airs. Stephen Harris.
The prisoner was accompanied
only by his guards and attorneys.
Airs. Fox arrived ten minutes later.
Court was convened at 9:13 o’clock.
At the outset Attorney Schley
Howard announced that Solicitor
John A. Boykin was suffering from
an acute attack of facial neuralgia,
The Weather
FORECAST FOR THURSDAY
Virginia: Cloudy and warmer,
probably followed by rain.
North Carolina: Unsettled and
warmer, probably rain.
Georgia: Rain; little change in
temperature.
Florida: Mostly cloudy; probably
local rains in north portion.
Extreme northwest Florida, Ala
bama and Alississippi: Local rains.
Tennessee: Rain.
Kentucky: Rain; mild tempera
ture.
Louisiana: Probably local rains.
Oklahoma: Unsettled, probably lo
cal rains.
East Texas: Unsettled and
slightly warmer; probably local
rains.
West Texas: Mostly cloudy; prob
ably rains in north and east por
tions.
Atlanta, Ga., Thursday, December 20,1923.
and woujd be absent from the court
room for about an hour.
Attorney- Howard, however, pro
ceeded with the examination, the
state recalling to the stand as the
first winess of the day T. A. Ripley,
a reporter for the Atlanta Georgian,
who was on the stand when court
was recessed Tuesday night.
“How many times have you talked
with Fox?” Mr. Howard asked.
“About five or six times.”
“Did he discuss the merits of his
case?"
“No, he said he wanted to be cour-
I teous, but did not want to make any
statement.”
“Did he assign a reason for his
refusal?”
“No, he never did."
“What did you talk about?”
“About newspaper work; newspa
per men in Atlanta, whom we both
knew, and* conditions in Texas.”
“From his demeanor, his acts and
his looks do you think Fox was sane
or insane at the time you talked
with him?”
“I thought he was perfectly sane
and normal,” the witness replied aft
er a defense objection had been re
corded.
* No Facial Twitching.
“Did you notice any twitching of
I his facial muscles?”
“No.”
“Was Fox sitting’ down the time
you talked to him?" Air. Dorsey asked
on cross-examination.
“No, we walked about the run
way.”
“You never did sit down quietly
and talk to him, did you?”
“No.”
The next witness called by the
state was George Davis, also a Geor
gian reporter. He testified to having
been at the jail on the Saturday after
the tragedy, at which time, he said.
Dr. Linton Smith, Dr. Newdigato
Owensby and Attorneys Dorsey and
Hooper held a conference with Fox.
“After that conference did Dr.
Smith make any statement to you?"
Attorney Howard asked. Before the
witness could answer, a spirited legal
clash ensued, Attorney Alien contend
ing that any conversation between
Dr. Smith and the witness at which
Fox was ot present, was not admis
sible as evidence. He also contend
ed the proper foundation for the
question had not been laid in the
state’s examination of Dr. Smith.
Attorney Howard made a vigorous
I reply, declaring the purpose of the
i question was to attack the statement
made on the stand by Dr. Smith re
garding the time he gave out his
statement to the press in which he
quoted Fox as saying “God told me
to do it.”
“We expect to show,” Attorney
Howard declared, “that this state
ment never was given to the press
until after this conference between
Fox and his counsel.”
Defense Overruled
The testimony was admitted.
“What time the Saturday after
1 the shooting did you talk to , Dr.
Smith?” Attorney Howard asked. 1
“About 4 o'clock,”
“What did he say?”
“He made the statement which I
reported to my paper.”
"Had he ever talked about Fox
hearing ‘the voice of God before?’ ”
“No sir.”
“Had you interviewed him pre
viously?”
“Yes, early Saturday morning.”
On cross-examination Governor
Dorsey asked the witness how long
he (Dorsey) was closeted with Fox
the Saturday after the shooting.
"I would say about an hour.”
“Don’t you know that I wasn’t
there more than ten minutes?” Gov
ernor Dorsey asked.
“I am sure you were there longer [
than that. I think it was about an
hour.”
Charles H. Collins, the next wit
ness, testified that he was in At
torney George Spence's office the
day of the shooting and after hear
ing shots rushed out into the cor
ridor and saVv George Allen take
Fox in' custody.
“Did you hear Fox say any
thing?” the witness was asked.
“Yes. I heard him say ‘Gentle
men, I’ll do anything you say.’ ”
The witness was excused without
cross-examination.
Receivership Suit Echo
Judge Walter T. Colquitt, member
of the law firm ot Colquitt & Con
yers, who was associated with Cap
tain Coburn in the trial of the re
ceivership suit brought against the
Ku Klux Klan by David F. Ritten
house, of Philadelphia, and others,
was the next witness.
“I'll ask you what part Captain
Coburn played in collecting evidence
for this case?” Attorney Howard
asked.
“He had practically complete
charge of collectioh of evidence and
affidavits."
Judge Colquitt then explained that
the Rittenhouse case, which was the
last in which Captain Coburn was
engaged before he was killed, is
pending and that at the time of Cap
tain Coburn’s death lawyers were de
bating the question of appealing
Judge Humphries’ decision to the
Georgia supreme court. He said that
after the superior court decision was
rendered Captain Coburn gave out
a statement to the effect that the de-
SI.OO
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cision would be appealed from.
“Did Captain Coburn interview
witnesses in the case?” Attorney
Howard asked.
“He did.”
“Was not that suit based on
charges of waste and mismanage
ment on the part of high officials of
the klan?”
At this point Attorney Allen ob
jected on the ground that the ques
tion was irrelevant, declaring “the
Ku Klux Klan is not on trial.”
He was overruled, however, and
the witness answered in the affirma
tive.
“Do you remember if Fox attend
ed the trial?” was the next ques
tion.
“I couldn’t say. There were a
number of persons connected with
the klan in attendance.”
Judge Colquitt was not cross
questioned.
Witness Tells of Raid
The next witness was Andrew W.
Calloway, clerk of the recorder’s
court of Atlanta. He testified re
garding the disposition of cases
docketed against Fox and Mrs. Mar
garet Weaver, on August 20, in
which Fox was charged with drunk
and disorderly conduct and the wom
an with disorderly conduct. From
the records of the police court he
testified that the case was settled
when Fox forfeited a collateral bond
of $26 and the woman forfeited sll
collateral.
George H. Hawkins, an employe
of the American Railway Ex
press company, was the next wit
ness, testifying that one day in Oc
tober ne heard a commotion in a
house on Hunnicutt street, where
he said policemen were breaking
down the door.
“A woman came out of an alley
way beside the house,” he testified,
“after most of the officers went in.
She was followed almost immediate
ly by a man whom I reco&C’zed as
Fox.
“He crossed Hunnicutt street to
West Peachtree street, and tried
to climb over the banisters of a
house, but was so drunk he couldn’t
make it. He staggered to the street
and fell down.”
“Did you recognize any of tlje po
licemen?” Mr. Dorsey asked on
cross-examination.
“Yes, I recognized a federal of
ficer, a Mr. Sowther.”
“You are sure this man was Fox?”
“Yes, I recognized him from his
newspaper pictures, and have seen
him in the court room.”
The next witness was Lee What
ley, a deputy sheriff, who testified
to executing a search warrant on
No. 6 Hunnicutt street on October
6. He said he was accompanied by
several city policemen and federal
agents.
“Do you know whether anybody
escaped from that house?” Attorney
Howard asked.
“They could have —there were sev
eral there.”
“Alen or women?”
“Both.”
House’s Reputation “Bad’’
“What is the reputation of that
fiouse?”
“Bad.”
Air. Whatley was not cross-exam
ined.
W. W. Wallace, who testified that
he was employed at the klan palace
from February 8 to Alay 28, stated
that he was in contact with the de
fendant almost daily for about three
months, and from his demeanor and
conversations he considered him a
sane man.
Mrs. Mary Atherton, the first wit
ness called by the state last Wed-
was recalled to identify
Fox’s signature on a number of pa
pers. She was not questioned by
defense counsel.
John J. Woodside, Jr., well-known
Atlanta business man, testified to a
business transaction involving the
transfer of Fox’s household goods
from Dallas, Tex., to Atlanta. He
said from his conversations with the
defendant he would judge him sane.
L. F. Woodruff, city editor of the
Atlanta Georgian, testified that he
had known the defendant several
months and had engaged with him
in a number of conversations. He
said Fox generally went to the Geor
gian office relative to getting Ku
Klux Klan publicity in the paper.
“What did you talk about?” At
tornej' Howard asked.
“We talked about mutual news
paper friends and the matter under
consideration at the time of Fox's
visits.”
“What newspaper experience have
you had?”
“About 23 years on about as many
papers.”
“Do you think Fox was sane or
insane?”
After the usual objection from At
torney Allen to this question, Air.
Woodruff replied that he thought
Fox sane.
He was excused without cross-ex
amination.
Jacques Futrelle, a member of the
reportorial staff of The Atlanta Jour
nal, was called to the stand but was
not allowed to testify as he stated
he had been present in the court
room Tuesday and had heard some of
the sworn testimony.
Virgorus Fight
Attorney Howard fought vigorous
ly to have Air. Futrelle testify, stat
ing he had in his possession material
information of which the state had
no knowledge until Wednesday morn
ing. Judge Howard said he would
not a.low Air. Futrelle to testify as
both sides had urged at the begin
ning of the trial that no person who
had heard any of the testimony, with
the exception of two persons admit
ted by consent, would be allowed to
testify.
Sam T. Wilkie, a paying teller at
the Lowry Bank and Trust Company
of Georgia, testified that on the
morning of November 5, the day of
the shooting, Fox came into the bank
and cashed a check for SIOO. He
identified a check which the prosecu
tion tendered.
The next witness was Lon Sowell,
a federal prohibition agent, who tes
tified to raiding a house at No. 6
Hunnicutt street on October 6. When
asked to tell who was in the house,
A + torney Allen vigorously objected
and the witness was withdrawn from
the stand.
Policeman C. O. Cochran testified
to having arested Fox on the eighth
floor of the Atlanta Trust company
building a few minutes after the
shooting.
“Who was in charge of the pris
oner?” he was asked.
-“Several gentlemen, including Col-
0 CENTS A COPY,
SI A YEAR.
onel Spence, a Mr. Allen and several
‘Hhers.”
"Did Fox make any statement?’*
“Glad Coburn Was Dead"
“Nothing except to ask me if Cap
tain Coburn was dead. When I re
plied that he was, he said that he
‘was glad of it’ ”
“Didn’t you tell several officers
you thought Fox was crazy?” Attor
ney Dorsey asked upon cross-exami
nation.
“No.”
J. E. Pope, a barber, was the next
witness and testified to having cut
Fox’s hair at the Fulton county
tower.
“Did you have any conversation
with him,” Attorney Howard asked.
“No, we just talked about how he
wanted his hair cut.”
The witness then was withdrawn.
The witness stated that on the
way to the police station Fox said:
“I gave Captain Coburn every
chance a man could, but he wouldn’t
do anything about it. I am glad I
killed him.”
Ed Simmons, who stated he was in
the employ of Henry J. Norton, ex
alter cyclops of Nuthan Bedford
Forrest Klan No. 1, was the next
witness and through him the state
attempted to prove its announced.
I purpose to show that Captain Co
burn had in his possession informa
tion relating to alleged misconduct
on behalf of the defendant.
The witness was allowed to tes
tify only after the defense had made
a determined effort to have him
barred from the stand on the grounds
that he had been in the court room
and had heard portions of the sworn
testimony. Simmons stated at first
that he had not been in the court
room but later admitted, under ques
tioning by former Governor Dorsey,
that he had been in and out of the
courtroom, bringing messages to Mr.
Norton and members of state's coun
sel. He said he did not remember
any sworn testimony.
Reported Fox’s Conduct
“Were you assisting Captain Co
burn in obtaining affidavits in the
Rittenhouse case?” Attorney How
ard asked.
“I
“Did get any information
about Fox<*
“I did.*'
“How lonfc' did you work with Cap
tain Coburn?”
“About ten weeks.”
“Did you report what you heard
and observed to Captain Coburn?”
“Yes, sir; every day.”
“Did you tell him about anything
happening at the Cecil hotel in which
Fox was implicated?”
Before the witness could answer,'
Governor Dorsey inleu nosed the ob
jection that the reports 'ft'ere reduced
to writing and the written reports
themselves would be the highest and
best evidence. Attorney Howard re
sponded to this with the argument
that Judge Howard for two days had
been allowing witnesses to testify
with the provision that the state
prove Captain Coburn was in pos
session of information damaging to
Fox’s character. The objection was
overruled and Air. Howard continued
his direct examination.
“Tell the court and jury what you
told Captain Coburn about the affair
at the Cecil,” the witness was told.
“I told him Fox had 1 jen arrested
in the Cecil hotel with a woman and
had been taken to the police sta
tion.”
“Did you give him any other In
formation?”
“I told him of a raid at 6 Hunnicutt
street and that I went to the place
immediately after and saw Fox com
ing out of an alley i nthe rear of the
house. I was told that he had es
caped during the raid.”
“Do you know Fox?”
“Yes; I have known him about ten
weeks.”
"Did you ever talk with him?”
"Yes. I had a conversation with
him one night in a hall in Dora aßt
tey’s house on Hunnicutt street."
Reported All to Coburn
"Did you tell Coburn anything
else?"
"I told him Dora Battey had been
ordered to move.”
"Did you ever tell him about any
incidents at 95 West Peachtree
street."
"Yes.” ?
"What did you tell him.”
“I told him of the relations Fox
had with a woman named Weaver.”
On cross-examination, Attorney
Dorsey attempted by a gruelling
cross-fire of questions to shake Sim
mons’ story to the effect that he
told Captain Coburn of the escapades
in which Fox was involved.
“When did you enter the employ
of H. J. Horton?” Air. Dorsey asked.
“About three months ago.”
"As an investigator.”
“Yes, sir.’’
“Were you working for Captain
Coburn, too?”
“Yes, sir.”
“What is Norton's business?”
“He is the main man of Nathan
Bedford Forrest Klan No. I.”
"Did Captain Coburn take down
your reports to him in his own
hand?”
“Yes, sir.”
"Was anybody else in his office?*’
“No.”
“The reports were always made in
secret, were they?”
“Yes.”
“Was Captain Coburn engaged in
the Rittenhouse case while these
things were going on?”
“He was.”
“Didn’t be tell you that ha
couldn’t use this stuff on Fox?”
“No, sir, he never did ”
“He was engaged in the trial of
the case and yet he was spending
his time working up this stuff on
Fox, isn’t that right.”
"Yes sir."
"But he never used a single word
of this during the trial, did he.”
“I don’t know."
"But you spent your time running
around to these disorderly houses
spying on Fox, didn’t you?"
“Yes sir; I will spy on. any of
them.”
"Is that what you are paid to do?’’
“Yes sir.” ■
After asking the witness a few
questions designed to determine his
previous places of employment. At
torney Dorsey shot this question at
him:
“Now Simmons, don’t you know
that your statement here on this
stand that you told Goburn about
these things is fabricated for the
purpose of furnishing the state a
connecting link in this case?"
“No sir.”
“Do you know w-ho will furnish the
other link?"
“No sir."
Preston. P. Reynolds, a lawyer of
(Continued on Page 2, Coloms 1)