The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1901-03-22
ARGU MENT IN
THOMAS CASE.
Continued from laird Page
H. p. Figuers, Esq.

In opening the closing speech for the
defendant Mr.. Figuers evidently realized
and felt the responsibility of his posi-.
ton. His analy tical mind told him only
too well the meaning of the evidence the
jury had listened to, and the SERIOUS
situation his client was in. He re
minded the jury of their responsibility as
well, and their over. The power TO
give life or to take it; TO give TO man
his liberty, or to take it away from him
forever; to restore him to his family, or
to disgrace him with a felon's stripes
and place upon his innocent, loyal and
devoted wife the stigma of a felon's
wife. He dreaded such power as that,
and was glad that no such heavy,
weighty responsibility rested upon him.
If they allowed any prejudice for the &C.
Cused or sympathy for the weeping Wi
dow and dimpled child to creep into
their verdict and do an injustice to the
defendant, how many restless nights
would be theirs, and how bitter the
pangs of an outraged conscience. What
ever man may have done, he was emit
tied to a hearing, and fair trial; and it
was the duty of the State to see that he
got that, not in any way to deprive him
of it. lie was surprised and Mortified
to notice, as no one could help noticing,
the purpose of the prosecution to with
hold testimony that should have gone to
the jury in defendants behalf. The
State knew that the pistol found that
day at the scene of the killing, belonged
to Godfrey, and yet they endeavored to
throw a doubt upon it and make it APP
pear that the defendant dropped it
there. The widow could have told
about it, but would not, and the other
witnesses Who could see a small knife in
the defendants hand, could not possibly
see or be made to remember as large a
thing as pistol or a stick when the de-
ceased was using them. A reprehensi
BILE practice upon the part of attorneys,
and unfair effort upon the part of wit
nesses to suppress facts, in order to rob
man of his life and liberty.
Younger alto neys had secuted the
plea of once in jeopardy, as flimsy pre-
text, pure technically, but when Mr..
Hughes the Nestor of the bar approach
ed it, he gave it that serious and weigh
ty consideration it deserved.
The first indictment was valid and
coed, because the middle letter was not
material part of the name; and to be
allowed to abandon that and take a new
hold of him on another indictment, was
parleying with life and liberty, and open
ed the way to endless persecution of the
individual if allowed by the court.
The defendant under the law stood
before the jury with a coed character
and presumably innocent of any otfense,
But to listen to opposing counsel one
would think he was felOn just escaped
from hell itself, so black did they paint
him. He became alarmed he said for Mr.
Russell yesterday. He (FusselE became
so charmed and possessed with the pris
oners figure of speech about "hopping
into hell, " that he feared the attorney
would make the hop himself. Such Vi
tuperatiOn and abuse he had seldom
heard Emaciated, feeble and worn,
well might the prisoner have said to the
attorney, verify thou hast come to tor
ment me before my time" Not willing
to wait few short months for nature
to take its course, but demanding that
he be held up and supported while the
hangman adjusted the moose. Exhibit
ing the dimpled faced child and plead
ing tears of the widow in order to make
another wife widow or the wife of a
felon; using dramatic effects like that to
blight and ruin a home.
His friend, Mr. Hughes, had struck a
tragic attitude and tried to make it APP
pear that the deceased, at the time of
the shooting, stood like the figure
Mercury" stsuds poised over ''our"
magnificent Union depot at Nashville
He was not surprised that Mr.. Hughes
should see the appropriateness of the
figure of Mercury lowering over "our"
depot at Nashville, as Mercury was the
cd Dr 4ba ~ MI
he was surprised that he should invoke
the presence of that God here, to rob
this defendant of his liberty
When and by whom, asked Mr..
Figuers, was the first wrong committed,
as disclosed by this record? The first
meeting of the prisoner and the de-
ceased was at Concord church. Thomas
approached Godfrey pleasantly and in
the best of humor. The sautation he
received was. Il want no talk with you;
you are only tenant; my head is above
the wave" What manly man wouldn't
resent such slur and contempt as that?
That was the beginning of Godfrey s
naughty, proud, disdainful treatment,
in his effort to harrass and annoy and
drive Thomas from that farm.
Their next meeting was at the so
called peace conference, which God
frey had planned and to which he had
brought his own witnesses. Schemi g,
planning, hedging himself against the
law. And what kind of peace Offering
does he bring? II have come to tell
YOU" Godfrey said "that you are a
base, infamous liar" Making peace in
a hurry! Thomas got mad, drew his
knife and wanted to fight. Anything
wrong about that? Wouldn't there be
something wrong about the man who
wou.dn fight when called such names
as that?
Still pursuing his purpose to harrass,
annoy, worry and disturb the defendant,
Godfrey slips to town and hedges be-
hind the law again and stops the pay
ment for the wheat Thomas has already
commenced delivering. And then they
meet by accident on the public road.
Are you surprised that Thomas called
him to time? Thomas quick tenn.
pered and fearless. Godfrey-sly and
slippery as an eel, prowling around stir
ring up strife. Show me the man who
meets his antagonist in the open and
settles his differences with him, aud !
may avoid that man il / wish; but
will trust him and choose him every
4 I'll oh fth 4