Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1883-04-25
LAST DAY
Of the Trial of the Proudfts for
Murder.
Statements of Ihe Accused and
Arguments of Counsel.

of interest in yesterdays trial before
Judge Greer in the way of testimony.
The defendants made the following
statements:
james Proudft said; ! have nothing
TO say eSoept that In the statement made
before, and which was read here yestsr-
day, l neglected to mention that Adlai
took the pistol away from me.
Adlai Proddflt said: About 1880
o'clock on the day Of the difficulty was
sitting in the back Office Of the mill. Jim
had started home TO dinner. In few
minutes he came running back, very
mneh excited and angry. He ran behind
the desk and grabbed the pistol. Iasked,
Jim, what's the matter2n "Axel VIM
berg slapped my face he answered, ''and
| m going 10 Kill him, Cd d-n him.
| caught hold of him. and after a scutiie
got the pistol away from him. Jim then
ran up to Winberg's house, and called to
him, "Axel, come out, d-n you" In a
moment the door opened and Jim jumped
inside, trying to pull him back. Then
he and Axel came out together, Axel
holding Jim in his left arm and an AK in
his right hand. Somehow jim got away
from him and ran across the street. Axel
then saw me and ran at me with the AZ
raised. | said to him, Get back, and
repeated it several times. All the time L
was retreating and he following. When
got to the tree l stopped, because l
couldn't get any further l knew if L
tried to 60 down the steps he would cut
my head off before | could get down.
When he kept coming / shot him. My
relations with Axel Winberg were those
of friend. have several times done
kindnesses to him and his wife, and was
always willing to do it when in my
power l don't know why he should
have had any ill-feeling against me.
The argument of Attorney General
Turner was close and logical and made
visible impression. He claimed
that the defendants were barred BY
their own act and statements from
awaiting themselves of the law of self.
defense. Wiuberg defended the sane
tity of bis own home by putting them
out and following them, and would
have been justified in using the ak.
The proof showed he could easily have
killed james had he desired. The
law says man cannot be considered
as acting in sell. defense when protect.
ing himself from a difficulty arising
from his own unlawful act. Their
good character previous to the killing
could not be considered. The jury
had only to deal with the case at bar.
He urged the jury to ignore all pSr-
sonal considerations.
IN COURT TO DAY.
Col. Patterson began the opening
speech for the defense at half past
nine o'clock this morning. he did not
disagree with the Attorney General
about the law, but only as to its ap.
plication in this case. The object of
human punishment is to protect soci-
ETY. and punish the offenders. His
clients were entitled to every reasona-
bic doubt in the case, and it must be
borne in mind that one of them had
been assaulted on the street, and went
back for vengeance without a weapon,
followed anxiously by his elder broth.
er. Ii is to be regretted his argument
cannot be given in full.
Col. CAN'T, for the defense, spoke as
follows:
THE Attorney General has told you
this was murder, most foul murder,
and they have presented the case most
strongly. Except for anxious, throb>
bing hearts / would not tresspass fur
Their on your time, as the Attorney
Generals argument has already been
fully answered by my associate coun-
sci. When you come to decide the
life and liberty of a fellow man you
stand upon the highest plane,
and when the defendant asks you
to give him the benefit of a
reasonable doubt, he but asks that he
has a right to ask, that which every
citizen Of a civilized community has a
right to ask. A mans castle may be
Of mertar or wood, a mere artificial
dwelling; but it may be the body, the
tabernacle Of the soul. An assault
upon that castle, too, must be re-
pulsed. The bully must be taught
that he cannot impose upon the weak.
When this bully, this rufian, struck
the prisoner at the bar, he made an
assault upon his castle, the tabernacle
Of his soul. Stripes upon the body
are hard to bear. The Attorney Gen.
eral abandOns the case made by the
principal witness, the widow, turns his
back upon her testimony. Leaving
her he takes an army of bootblaoks as
his witnesses-boys from shining shoes
and babies from the cradle. Their
statements all conflict with that of the
widow, who says two shots were fred.
And in many other respects they diff.
fer. All this must create reasonable
doubt in your mind. There is no
evidence OF a joint purpose to in.
wade the castle of the deceased.
When the younger brother told of
the blow he had received, the elder.
instead of urging him on to vengeance,
Wrested from him a pistol with which
he, the younger, declared he would
revenge himself on the deceased for
the Injury he had received. He did
not 60 to brag about difficulty, but
to keep him out Of il. He was his
brother, remember, the same blood
flowed in both their veins; they were
children of the same mother, and he
would not NO! have bed a spark q spirit
had he allowed his younger brother to
20 alone. James went into the house:
admit that. Iadmit WinbeFg could
have killed him. admit he did not,
but took him to the door and turned
him loose as he would rabbit or a
chicken. Winberg wanted to keep
him to slap aud insult and spit upon.
He knew the boy could not hurt him.
Nov James has done no wrong except
to 90 into the house. He killed no
one. but when thrown from the