Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-04-24
WINBERG'S MURDER
AdIai b. Proudflt On Trial For 1t Before
the Criminal Court-List Of
the Jurors.
Dramatic scene as the Widow OF the
Dead Man Gave Her Testimony Sur.
rounded by her Children.

lnal Court yesterday morning. The nigh
social standing of the accused, and the prom
inence given the tragedy in the newspapers
at the time of its occurrence, drew = large
crowd to the courtroom, and the'proceediDgs
were followed with extraordinary interest.
The presence of Winserg's widow and chill
dren lent a dramatic coloriug TO the scene
presented, and drew the quick though unre-
liable sympathy that q crowd generally dis
plays on such occasions.
THE JURY AND THE COUNSEL.
Comfortable time was consumed in the
selection of the fol flowing jury out of rsnire
OF 500 ordered by Judge Greer: W. d. Dunn,
J. F. Benton, W. A. Gage, w. B. Royster, w.
III. Johnson, John r. Miles, q. n. Estes, G.
r. Pendleton, ]. Fl. Moyston, A. S. Brown,
w. G. Chiddester and j. NJ. Walton. The
State wao represented by Attorney General
Turner and H. ReichmaD, and the accused
by CAN'T & Patterson. The impaneling Of
the jury consumed the whole morning, and
court was adjourned over to 9 O'Clock p. m.
At that hour the trial was resumed in the
presence Of another crowd. The FIRST witness
introduced was
MRS. ANNIE LAURA wINBERG,
wife of the man who was killed. She wac
dressed in deep mourning, and took with her
10 the stand one Of her children, chubby,
rosy. checked girl OF Ave years She testified
that Winberg had worked at the D.soto Oil
Mills, but had quit the job and taken en-
ployment from the Compress Compsuy. He
still retained his dwelling next the oil nail.
He was at home all the morning, because
there was nothing for him to do at the COM
press, but started out after getting his dim
ner, little before l o'clock in the afternoon.
When asked by the Encouragement where
ba ba
tone: ain his grave; he WAS murdered. /
saw it," As Winberg went out Of the door
he YVES met by james Pfoudit, who accused
him of talking against his (Proudhrsl father,
and not long after she heard James call his
brother Adlai to come out and ahoot WiubeTg.
Winberg then re-entered the house, and was
followed as lar as the passage BY the broth
ers, Adlai with a pistol in his hand. They
called Winberg out, but he wouldn't go.
Witnesses little daughter finally opened the
door leading into the passage, and james
Proudft came into the room where Winberg
was. Winberg caught hold of him aud put
him out, Adlai leaving in front. When WIN.
berg had gotten a. far IS the window Of his
house opening on the sidewalk, Adlsi shot
him. Adlai was standing on the front step
Of the mill and james WAS on the platform.
WiHberg came back to the door and entered,
calling out, "Oh, Laura, Laurap Adlai
asked witness, laura, have 1 killed him?"
anu = znISs SAID 10 his SrCtIeT, Como I-Sh
here, you tooi." Winberg mad no ak when
he went out after the Proud6ts, or
after he had been shot, nor did he
hammer on the door for witness to open it.
There was an ak in the house, but it was I'M
der one of the beds in the room bsck of the
one where Winberg was when the Proudit,
entered. Witness did not tell Mrs. Hardy
that her husband had an az. james Proud
ft pulled him out of the house. She did not
see Adlai at that time, as she was standing
at the window, but could see Wiuberg and
James Proudft When the first shot was
fred she was there, but had gone to the door
when the second shot came, and could see
everything. James was then standing on
the railroad track, Adlai at the Office. window
of the mill and Winberg opposite the win.
dow of HE own house. James had pushed
Winherg against the wall when the fret shot
was fired.
Here the witness broke down completely,
and cried out amid tempest OF so6s: ''My
husbands dead now and tveryboy's against
him." By consent OF defendants COUNSEL
she was allowed to retire for the time being,
and
WIN. MILLER,
an employe OF the Desoto Oil Mill was n ext pu,
on the stand. He testified that he was stand
ing on the corner Of Talbot and Tenn essee
streets, about 200 feet from the scene of the
killing. He saw Winberg shove James
Proud6t out OF the house, aud heard him
speak 10 Adlai. Winberg had an ak in his
hand. He walked toward Adlai, who called
to him to stand back, and then fired. Win
berg threw the ak at him and then ran and
picked it up ard returned 10 his house. He
struck on the door with his ak several times
haf ha ha 81
Jas. Proudit was out 10 the street. Adlai
ssked if he had hit Winberg, and when a
colored man replied he had abeut killed
kim, Adlai cried out: "For Gods sake, go
for DOCTOR" In the course of the cross
examination witness said Winberg followed
Adsi Prou, fit with the az uplifted, and
Proud6t fred after retreating about fifteen
or twenty feet, calling on Winberg mean
while to stand back. The two were iusl that
distance apart when Adlai shot. AS soon az
the shot was fred Wiuberg threw the ak at
him.
G. A.GUsTAFsoN,
clerk for Hoist & Co, undertakers, testified
that when ne went down 10 Winberg's house
after the killing and In removing some Of
the furniture to get room for laying him out,
saw an ak lying at q weodpile in the back
room.
MRS. NETTIE JOHNSON
testified that she was at Winberg's house
few minutes after the shsoting and saw an
ak in the back room behind bed. Mira
Hardy and several other ladies were there.
JOHN HOWARD,
little colored boy, was on the opposite side
of the street when the shooting occurred
Winberg came out of the house after James
Proud6t and threw an Ak at him. Winberg
picked up the ak and started back to the
house ard Adai Proudit then shot him.
Winberg had to go past Adlai in order to
get his ak after 1t had been thrown. He did
not raise ii. 1t was hanging down by his
side. He had got to the tree near his window
when he was shot, and was looking back TO
see if James was following him. That's
how he came to be shot in the breast He
didn't say anything when he turned around.
After be was shot he went to his house and
burst ths door open with the ak.
DAN DENNIsoN,
comrade of Howard, was present when the
shooting occurred He saw James and
Adlai Pfoudft standing at Winberg's door
with bricks in their hand, and heard them
curse him and say Cd d-n YOU. come
out" They went into the house, and then
they came out, James in front, and Winberg
after him with an ak in his hand. Winberg
said: "Boys. 1 don't want to hurt you," and
Adlai said: "Don't come on me-" Winberg
kept advancing, repeating What he had said,
and Adlai shot him. Winberg then threw
the az at him. He did not raise the sx until
after he wss shot. Adlsi was retreating and
telling Winberg to stand back when he fred
the shot. james Proudft k pt calling out {:
''Shoot himl Shoot himp Witness saw
Adlai go into the Office of the mill and come
out with the pistol. He did not sec Win
berg throw the sx at james Pfoudft.
LITTLE PLEASANTLY.
In cross.examinating the witness Col.
CAN'T asksd him:
"Did you ever hear of an old fellow with
horns, who rears around and spits fire and
gobbles up little boys who tell stories?"
The Court-Col. CAN'T, he might under
stand you better il you would come out at
once and say the devil.
"Well, your honor" replied the colonel,
stroking his silky beard, 81 didn't like to
swear right out in court"
The witness answered the query satisfscto-
rily.
ROBERT DENNIsoN,
another small sized Seuegsmbiau, saw Adlai
and james Proud6t standing IN front of
Winberg's house with bricks in their hands,
They went into the house, and when they
came out Winberg was after them with an
az. Adlai Proud6t shot him, and he then
threw the ak at Adlai.
"Do you know where bad boys go TO who
tell lies" asked the attorney-general.
ayes, sir" replied the witness briskly;
''they goes to de penitenshy."
"He's all right" remarked Col CAN'T;
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