The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1922-09-28
GODFREY TANGLE
TO HIGH COURT
[ Defense in Effort to Bar
State Testimony After
Accused Valves
BUT ONE EYEWITNESS
Sister Of Slain Woman Only
One Who Saw Tragedy and
: State Wants Record

Flint Noes. Ed Grassland and John
z ward. attorneys for T. w. God
frey, charged with killing his wife,
nre determined that no testimony
shall be taken by the state in con-
neciion with the preliminary hearing
OF their client. That no stone may
be icft unturncd in attempting to
carry out this determination, they
have gone 10 the supreme court for
a writ OF prohibition against the
county attorneys intended action.
District Judge Albert G.. Hunt
wednesday denied Moss' application
for writ OF prohibition IN district
court and not only held that the
tItlcd to Introduce the testimony Of
states witnesses, hut also that the
hearing Is within the jurisdiction of
Justice j. r, Thompson. Moss has
ftoadfastlv contcndcd that Thomp-
sons court lost jurisdiction and the
district court automatically took
control OF the case when Godfrey
waived his preliminary.
Moss 10 Highest Court.
Moss announced Immediately after
the writ was denied that he would
appcar before tho supreme court at
oklahoma City Thursday morning TO
ask that Judge Hunts ruling be set
aside. Shortly aftcrward John
G0ldcsberry, assistant county at
tornev. stated he also viii face the
euprcme court nj the same time and
put up n strenuous effort TO maintain
what he insists IS tho provision Of
the state statutes which expressly
allow the state to introduce testi-
Nony at preliminary hearing re-
Eardless Of who'hcr the defendant
has waived.
The hearing before Thompson was
continued by Judge Hunt until Sat
urday so Moss may have time TO
make his appeal to the supreme
court II that tribunal also denies the
writ asked by Moss u is probable
the dead woman's sister. the only
eyewitness TO the tragedy will be
placed on the stand and her testl-
monv made a matter Of record to he
used IN event some unforeseen cir
cumstance might prevent her from
tcstifying when Godfrey is tried for
murder In district court.
state Can't BE TOO Careful"
THE state never can take too
many precautions TO reinforce its
side especially in murder cases" AS
sistant County Attorney Tom Wal
lace explained Wednesday while
commenting on tho Godfrey case.
This applies with especial force
when there is only one eyewitness to
a tragedy. and when one considers
tho uncertainties of life.
Three years ago Walter Gregory
Of Tulsa was held up on South Dem
~ a
death. The only witness besides
Gregory was n policeman. This Of
ficcr's testimony was introduced at
tho preliminary hearing of Gregorys
assailant. Three weeks later the Of
f.cer was killed.
His testimony. the record OF
which was introduced IN district
court, reinforcing that Of Gregory
made a conviction possible and the
prisoner is now serving a 30-yenr
term in the pententlary. Had the
policeman not testified at the pre-
liminary, n conviction and such
heavy penalty doubtless would not
have been possible"
Godfrey's preliminary hearing was
started Saturday. He promptly
waived his preliminary, aud when
Assistant County Attorney Tom Wal
lace attempted to take testimony
against tho defendant the fight
among attorneys was preclpitated.
i has been resumed intermittently
since then.
Justice Thompson heard the argu-
inents up to Tuesday afternoon. but
vas unable to decide which side
was right. He outwardly expressed
his relief when Moss announced he
would seek a writ OF prohibition In
district court. But his satisfaction
was short-llved. for the district court
transferred the case right back into
his hands. and he must dispose OF Il
unless the supreme court rules
otherwise.