Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-04-25
W. L. Clspp, J. S. Day and John League
i attnofaI The mad Oh Il iha Prnrrdf "a

W. L. Clspp, J. s. Day and John League
attested the good character of the Proudfis.
STATEMENTS BY THE ACCUSED.
When the court met in the afternoon CJi.
Patterson said the defense had closed its /, =
imony, but wished the accused to make
statement to the jury. The permission was
granted.
James Proudft said:
have nothing TO say except that in the ttate-
ment made before. and which was read here yes
terdey, neglected 70 mention that Adlsi took the
pistol away from me.
Adlzi Proudft said:
About 1870 O'Clock On the day of the difficulty
! was sitting In the back Office Of the mill. jim
had started home to dinner. In a few minutes he
cane rpnhiipg o sS xeIy much excited ana angry
Iasked, Jim, what's the mstter7' "Axel Winberg
slapped my face" ne answered, land I'm going to
and after scufiie got the pistol away from him.
Jim then ran up 10 WInbers's house, and called
to him. "Axel, come out, d-n you" Ia
a moment the door opened and Jim jumped
inside, trying TO pull him back. Then he and
Axle came out together. Axel holding Jim IN his
left arm and an az in his right hand. Somehow
Jim got away from him and ran across the street.
AIel then saw Ine and ran at me with the
it several times. All the time retreating and
he following. when got to the tree stopped,
tried TO 90 down the steps he would cut NV head
off before could get dow3. When he kept COM
Ing shot him. Ny relations with Axel Wlnberg
were those OF friend. ! have severel'times done
kindDesses to him aud his wife, and was always
willing TO do it when in my power. I don't know
why he should have had any ill-feeling against
me.'
THE ARGUMENT
was begun at 8 O'Clock by Attorney General
Turner. He claimed that the defendants
were barred by their own act and their own
statement from availipg themselves of the
law of self defense. In no way could the
killing Of Winberg be put under that head.
IL was admitted that James Proud6t had
wolds with Winberg. Perhaps Winberg
struck him /; perhaps be did not. The blow was
not 10 evidence, end if it were it would not
Justify what followed. James Proudft ran
down 10 the mill and got pistol, as he ad-
mitted, 10 kill Winbsrg. His brother Adlai
took the pistol from him. The two then
went to Winberg's house, the one with the pis-
to, the other armed with q brick. Tney
abused WinbeTg and ordered him TO come
out, and when he would not do
it, they invaded his house. He
defended the ssnctity OF his home
BY putting them out, and followed
them. Admitting that he had an ax-he
would have been justified by the law in u.s.
ing any weapon that came 10 hand. And he
had the further right, after his house was
invaded, to pursue his assailants until he, as
reasonable man, considered himself out OF
danger. The proof showed that he could
easily have killed james Proud6t in the
house had he wished 10 do 90. Adlsi Proud.
6t could not claim the protection OF the plea
of self-defense, because the Law says that
| when 3 man has provoked a difficulty he
cannot be considered as acting 10 self-de.
Tense when protecting himself from danger
arising from his own unlawful act. Tue
killing of Winberg was plainly murder in
the eye OF the Law. the las was too plain
| on that point 10 be misunder.tood (aere
tbe attorney general read nunber
of aulhorities), and the jury could not
escape the responsibility resting upon
them on the ground of q misapprehenson OF
the law. The proof fully established tbs
unlawful assault OF the Proudf,s upon Win.
berg in his own house, add they could not
shield themselves from the responsibility for
all that followed. The attorney-gener a.
urged the jury TO ignore all personal consid
erations. Whether or not the Proud6ts were
mem bers of the Chickasaw Guards, the Porter
Guards or any other popular organization,
should have no weight. Their good charac.
ter and conduct previous TO or subsequent tc
the killing should not be considered. Tn,
jury had only TO deal vita the case 81 bar.
At the conclusion of the Attorney general
argument the court adjourned over to 9:3i
o'clock this morning.