The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1901-03-15
FLAW IN THE INDICTMENT.
Continued from First Page.
Tuesday Afternoon Session.

IN the case. The defendant entered two
pleas first, not guilty; second, once in
jeopardy; the law being that man can.
not be tried twice for the same offense
and the contention of the defense is that
identically the same offense is charged
in both indictments, and the same man
referred TO; that the deceased was known
as j. ID. Godfrey, and j. G.. Godfrey,
and Prof Godfrey; and that having been
put on trial once for the killing of this
man he cannot be tried again for the
same offense.
The State joined issue upon these
pleadings. They denied that j. ID. and
j. G.. Godfrey were the same, or that the
defendant had ever been on trial for the
killing of j. G.. Godfrey. And upon
these pleadings the jury was sworn.
The witnesses for both sides were also
called and sworn and put under the rule
and court then adjourned Until We'd
nesday morning at o'clock.
First Witness Called.
Court convened promptly at O'Clock
and the first witness called by the State
was Mr.. Geo w. Howell, prosecutor in
the case, and father.in law of the de
ceased. Mr.. Hughes conducted the ex-
animation in chief.
The witness testified in substance as
follows: Am y years old; live in 10th
districts lived there nearly all my life:
7 miles northwest of Columbia; father
in.law of deceased; they were married
10 August, 1885, his name was James
G.. Godfrey; he lived on Williamsport
pike, one and half miles from Colum.
bia on his wife's farm, which is east of
my house. Farm belonged to Mrs. God
frey and the Fly children; her first hus
bands children. | saw Thomas that
morning early IN the Concord field,
where his hands were blowing. From
where he was he could plainly see my
house. Shortly afterwards, Godfrey
rode up to me in the field, and after
short conversation between us we went
to my barn lot to unload wagon of
corn; Godfrey helping me unload We
went from there to the Fly farm to
make a survey dividing the farm be
tween the heirs-the children of Mr..
Fly and Mrs. Godfrey. Thomas could
have seen us as we were going. When
we reached the front gate of the Fly
farm we met the County Surveyor, Mr.
W. B. Wood, and Gus Moore, and Sam
and Lee Harlan, colored, and went on
to do the surveying. In a com
paratively short time Mr.. Thomas
came up; he rode to near where
was. and hitched his horse. | was the
hindmost man in the surveying party;
Godfrey was in front; he and Mr.. Wood
were near together. Godfrey was not
looking in my direction, and did not see
Thomas at that time. Thomas hitched
his horse, took off his coat and walked
rapidly in the direction of Godfrey. AS
he passed me | spoke, and he said,
Good morning, Uncle George" Ho
had an open knife in his left hand. saw
it distinctly. He went straight towards
Godfrey, and spoke to him. | couldn't
hear what he said. Mr.. Wood and Sam
and Lee Harlan were closer to him than
| was. They were not far from the oak
tree, Godfrey looking north east, and
not in the direction of Thomas when
Thomas accosted him.
sWhere was Mr.. Wood?" Thomas
had to pass Wood to reach Godfrey.
heard voices but couldn't unders' and
what was being said, except this
Thomas said to Godfrey, "Didn't order
you not to come on my place any more?"
Godfrey S back was towards him when
Thomas first spoke. Godfrey turned
and raised his right hand and looked
excited or scared, and said, go away,
/ don't want to have any trouble
backing as he spoke. Thomas said, "1f
that's your game We'll play it." God
frey had small stick in his left hand
nothing in his right hand | don
know what became of Thomas knife
When he (Thomas) turned near the oak
tree, | saw pistol in his right hand,
and he still had it in his hand when he
spoke to Godfrey.
After the words | have above re-
peated Thomas fired three shots in
quick succession. At the first shot
Godfrey started to run, having his back
or side towards I homas; at the first fire
Godfrey bent forward; his back was to-
wards me, but from the position of his
elbows he appeared TO have his hands or
his stomach. There was considerable
intermisson between the third and
fourth shots. Between the third and
fourth shots Thomas followed Godfrey
and was about eight feet away when he
shot. Godfrey had travelled, or rather
staggered, in circuitous way about
forty steps, Thomas following him. Al
the fourth shot be Godfrey was stand
ing still, with his side still towards
Thomas, and when this shot was fired
he fell on his right side and face
Thomas had kept behind Godfrey, all
the time.
This occurred in Maury county Octo
Der Il, 1900. Godfrey's cane was found
near where the first shot was fired, He
had "a sore foot, and this was small
walking stick. Godfrey made no de
monstration to fight, that l saw. He
seemed scared and wanted to get away
heard Lee Harlan say to Thomas
Don't do that"
At this juncture the clothes the de.
ceased wore at the time, and also his
watch, were put on exhibition and iden
titled, showing bullet holes in the back
of the vest and also of the coat and one
over the right hip pocket of his pants.
Witness testified that Thomas hao
the farm rented from Mrs. Godfrey. He
said he knew the deceased as James G.
Godfrey, or Professor Godfrey. He
never knew him to be called James ID
Godfrey.
Cross Examined by Mr.. VOORHEES,.
The purpose of the cross-examinatior
was evidently to lay grounds for con
tradictiou or impeachment. In answer
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