The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1901-03-22
MONDAYS SESSION.

Geo. T. Hughes, Esq, was the first
speaker Monday in the John W. Thomas
murder trial. The courtroom, as here
tofore, was crowded, and not only the
jury but the spectators gave Mr.. Hughes
the closest attention. He spoke two
hours, and made a powerful presenta-
ton of the case; marshaling the witnesses
before the jury and arraying the
evidence against the defendant with
startling clearness.
The State, he said, could have no
prejudice against any one Gifts citizens,
or desire to do him harm. The purpose
of law was not so much to punish the
guilty, as to protect the innocent to
wicked, bloody and desperate men. He
spoke lirst of the 'once in jeopardy"
issue, plead by the defendant. 10 plead
ing THE issue, the defense had made the
claim that the deceased was known by
tn, names charged in both indictments;
towit, j. ID. Godfrey, j. q. Godfrey and
Prof. Godfrey; upon this claim the
State had joined issue. 1t was not an is
sue as to whether man could be placed
twice in jeopardy; but as to whether
he had been placed once in jeopardy
before. If the defense had proven that
| the deceased was known as J. ID. God
frey, then the first indictment would
have been proven valid, and bar to the
second. But they utterly failed to
make such proof; offered not the word
of single witness to show that he had
ever been called once by that name. He
understood why it was put in the plead
ing; otherN Use the pleadings would have
been demurrable. But failing to prove
it, made it impossible for the defendant
to escape Trial before his country upon
the other issue, and the only real issue
of the case, that of not guilty.
The speaker said that juries should not
| forget that laws were framed and courts
organized for the protection of society
no more nor less for the prisoner at the
bar than for any other citizen in the
peaceful walks of life. To restrain
violent men and protect society from
their desperate deeds; that is the pur.
pose of the law. When mans hate
and malice has reached that frame Of
mind where he holds human life sc
cheap that he regards it no higher thar
that of dumb brute; when he had as
soon kill fellow man as he would q
sheep killing dog, the law says that ht
is a menace and danger to society.
Commencing with the history of thi:
case as detailed by the Witnesses, Mr.
Hughes followed it step by. step to its
tragic close. He detailed how in the
beginning the defendant had tried t.
send message to the dead mans atfi
anced bride, that he was a gambler, {
drunKard and thief. How, when Mr.
Collier refused to carry such a word
he said that he, las friend" woulC
tell her himself At the Concord
church Thomas seeks and forces the
interview that leads to a quarrel, God
frey telling him, even according to hi
own testimony, that he didn't want K
talk with him." And from then on, al
through this record, the defendant
threats aud hate and malice show it
self. When old man Geo. Howell wa:
sent as a peace ambassador, whose faul
was it that the peace negotiations failed
Was it not natural and right that Mr.
Godfrey should clear up these asper
sions upon his character, befor,
there could be peace? Cou'd h
submit ignobly to being called
thief gambler and drunkard
and make peace with the traduce
of his good name without on
word of question or explanation? Blu
there as elsewhere, the record show
the defendant threatening and appeal
ing to the strong arm of violence, ant
the deceased man appealing to the pro
tecting arm of the law. The recorC
shows that Godfrey knew and feareC
the defendant. SO much so tina
when he wanted 10 speak will
him and make frienos, ne wouldn't thel
even dare to go upon his premises. AnC
even when met in the public highwa.
, and beaten with stick, he ran AM
dared not return even for his bat. An,
| this was the overbearIng, tyrqnnicaI
, dangerous man the defendant fearet
/ so much. Abused and slandered
maltreated and made TO flee, and We
was he not satisfied. The storm
passions in his breast had not only Sc
J aside the law of man but detied the Judg
} ment of an Eternal God, when h
said, "I'll kill him, I'll kill him, il
: hon into hell the next minute for it,
II And was that merely the ebullition c
, his passionS Does he at any time Q
, place repent it, The record nowher
: shows il. On the contrary he pursue
. his purpose with malice and deep seate
. revenge, to the death OF his victim. Thin
, YOU not that he knew old man Howell
: horse. when he saw it, Think you nc
! that he knew their business there, an