The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1906-06-29

sonable man can believe so unreason-
able a story; and if his story is not
true, then the version of it as told by
the prosecutor and the policemen and
Guest and Tidwell must be true, and
then he guilty as charged, and if Tow
Ter had not been armed that night he
would not be here today to tell this
jury truthfully, as he has done, just
how that difficulty took place.
Up to this point Mr.. VOORHEES, had
spoken with reference to the Plea OF
self. defense. which be said counsel On
the other side had announced that they
would rely upon. But he anticipated
that in their argument they would not
rely entirely upon that plea. They
were driven to it, he said, by the acts
Of unfaithfulness the State was heap
ing upon the head of the defendant,
until counsel, who at first had in
sisted upon this character of evidence
rose and protested that they wanted
no more of that stuff, - that their
plea was purely one of self-detense.
But anticipate, gentlemen, that they
will come before yuu with fearful eyes
and fearful voice, and talk to you
about the sacredness of the home and
the sanctity of the marriage relation.
And 1 en- not here to dlsparage SEN
tlment like that. l am frank to admit
to you that there was a time when
with some show of justification this
defendant might have made an assault
upon this prosecutor. II at the tine
of that first assault he had taken gun
and shot this prosecutor down then, he
might have come before jury and
said, had Just read letter from the
man who was making love to my wife,
and nv mind was cIszed with grief
and indignation and l acted in the
heat of passion. But that time has
passed. The moment he signed that
RECEIPT, he waived all right, title and
interest in ana TO any plea like that.
He says IN that receipt thai for two
thousand filthy dollars ne parts with
all right to any further redress, and
he acknowledged entire satisfaction
for all wrongs.
He tells you that he watched her
in st. Louis to secure evidence against
her What did he want with that evil
dence? That he might go before the
court and ask to be relieved of an I'M
faithful wife? Is that what he did?
Is that what he was watching for? Is
that what he wanted With the evil
dence. Actions speak louder than
words gentlemen and we judge men
by their actions What did he do
with that evidence he watched his
wife to get? He did what / have
ever known a man in this southland
to Go before. he sued tor damages,
He asked to he paid $40, 900 and when
he could not get that he accepted two
thousand as saIve for his wounded
feelings.
He has never asked to be divorced
from that wife, gentlemen. On the
contrary she asked to be divorced from
him. She charged him with failure
to support, with abandonment of her
and with adultery, and the court decree
says that she fully sustained
these charges and therefore
was entitled to relief And | would !
remind you of another fact gentle
men, that though they have laid bare !
every fact and circumstance of lile
relation of this prosecutor to this wo
man, not an act or circumstance or
line have they shown to prove any
bad motive or improper relation be
tween them. This prosecutor was not I
seeking to destroy home of ITS hap ,
piness; he was seeking to save the
woman he loved from her unhappy en-
and to prove that bis mo- &
tives were good, and as a result of his
acts, she is now his happy wife. [
appeal to you, gentlemen, whatever !
your sympathies may be- aroused by
Of counsel, to look through .
your tears and take clear view of the
law and facts of this case, and do your
sworn duty.
Mr. Figuers followed for the de-
tense and his argument is given be-
low:
MIR. H. p. Figuers' Argument.
Mr.. Figuers opened his argument