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


his pistol was beyond doubt, because
the weapon was found on the ground
after the killing.
j. H. Russell.
The courtroom was crowded to suffo-
cation Monday afternoon while
Messrs. Smiser and Russell were speak
! ing. Standing room was not merely at
premium-standing room was not 20
| be had.
| Capt. RUSSELL devoted just few min
/ utes to the discussion of the once in
| jeopardy issue. His contention was,
! and he read from authorities to show,
| that it was not fatal defect in the in
dictment to omit the middle name or
initial; but that when given, it must be
given right.
Upon the other issue, the one of not
guilty, the speaker was willing he said
| to try the case upon the testimony of
! the defendant himself Suppose, gen
| tlemen Of the jury, you go with me to
the scene of the killing, and let US start
there and try the case upon the
| defendants testimony. We find there
dead man, lying upon his back, his
face turned to the sky. We recognize
but we find no hurts or bruises until we
turn him over, then we find two pistol
wounds in his back: and then we say
some one shot him in the back and
killed him. We begin to talk about the
matter, and we learn from several par
ties that John w. Thomas had said to
them that he intended to kill this very
man if ever came on that place again
Finding the man dead, and on thatvery
farm where Thomas said he would kill
him, we begin to suspicion Thomas.
A little more inquiry develops that he
had threatened him not once or twice,
but repeatedly. That his mind dwelt
upon it; that his hate was intense: that
his mind was fatally bent on mischief,
and that that mischief was to murder
Godfrey.
SO we go to bim-iust as he was
brought to the witness stand, and he
tells us-just as from this witness stand
he has told us-that he killed Godfrey.
Now having found the dead man and
his confessed slayer, we begin to in
quire the reason why, and the defend
ant tells us. He says | came here, and
seeing this party aud recognizing God
frey, went straight to him and ac-
cOsted him to know why he had dis
0beyed my injunction; and he stood his
ground and detied me, and struck at me
with his cane and | krocked it out ri
his hand and he started to draw his
pistol and | drew first and fired.
/. But we say to him, this man we found
dead was shot in the back; sh OF twice
both times in the back. His dead body
tells that story in dumb but indis
putabie language, and his clothes are
cOrrObOrating though mute witnesses.
Resting the case right here, if l were
to leave it with yOu-the dead man, the
threats preceding his death, the defend
ants confession and the holes in the
back of the clothes and the back of the
body, what would your verdict be, what
could it be, other than guilty?
There is a law that allows a man Il
= protect his home from intTuders, his
pre- misses from trespassers. He may
order them away, and use force, il force
is n eeded, to jeet them. But only sucf
force as is needed. IL the trespsssel
starts to go, as the proof and circum
stances show this deceased man did
start to do, there is no law that allows
landlord to shoot in the back while h,
lis going. There's no barbarous, cTue
law like that i'm this land; brave mer
, don't want 1t.
This record begins with what the de
PENDANT said he would do, and ends will
5 his doing il. "NOu are the very man In
llookiUg for" Thomas said to Godfrey
when they met in the public road; and
seizing him by his clothing he slashed
him over the head and broke his whiI
handle, and chased him from the field
, But that did not satisfy him. He saiS
i il did not. "I'll kill him." he said, anC
he never stopped until he did.
As we follow this defendant through
this record, gentlemen Of the jury said
the speaker, we have a right to judge
his heart and purpose. What do W
ind. We find him everywhere breath
I ing threats and vengeance against tn
! deceased. Ais heart boiling over witt
! hate and malice like a seething caldrOn
willing 90 risk the horrors OF hell, .
!. wreak his vengeance upon this mau
His wicked mind moldine his very sou
J for murder; a spirit black As the black