Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-04-26
WINBERG'S MURDER
Speeches for the Defense BY Nessrs. Jo-
siah Patterson and George CAN'T
Charge of Judge Greer.
The Jury Up TO the Time Of AdjourHing
Court Had Not Agreed Upon
Verdict.

The last day of the Pioud6t- WinbeTg muir.
der trial attracted another large crowd to the
Criminal Courtroom, and wss invested with
greater interest than the two preceding days,
owing 10 the general desire to hear the argu-
ment Of the defendants counsel. This was
opened by
COL. JOSIAH PATTERSON,
who, after outlining briefly the facts about
the gillIng, took up and treated in clear
and foFeible manner the application of the
law bearing upon such cases. The object OF
human punishmsn he said, is the reforma-
ton of the offender sswell az the protection of |
tociely. You (tLe jury should, above all,
regard the intent OF the accused, as 1t Is an /
unlawful intent alose which makes the act |
unlawful. / need not discuss at length the |
Law of self-defense. 1t ante-dStes books. |
The right OF a man TO defend himself from |
injury or wrong hes been recognized in all |
ages and in every country, and you Should |
not forget that in the exercise OF this natural |
right men must act according to the dictates |
of their own conscience, and the necessity |
for ia exercise is not presented to all
men alike. Men are expected to
act upon what seems To them at
the time TO be necessary. Therefore it ia not
the intent of Winberg, but that OF Adlsi
Proudfit which you are 10 consider, and you
evidence, whether be fred the fatal shot with
the intent 10 commit murder or to save his
own life. In the latter case he il gully OF
40 offense, but only carried out the law OF
instinct made by nature, which the decisions
of the courts have made the law OF the land.
The motives that actusted the Proudhts, ans
the circumstances surrounding the killing
must, therefore, indicate their guilt or limo
ceuce. We do not deny that Alai Proudht
killed Axel Wiuberg. We do claim that he
was not there for the purpose OF having
q difficulty with Winbers, but only
to save his brother from eng aging in dih-
Guilty, aud that when Winberg pursued him
with deadly weapon Adlai was guilty OF
no crime in the killing. 1t is proved that
| he retrestsd, warning Winberg 10 stand back,
and tina, Winberg kept advancing upon him
| with the az until the fatal shot
was fred. No law required him
| to retreat or 10 warn Wiub,rg. he could
| have stood his ground and fired at Winberg's
i frat Demonstration with the AK and still be
blameless 1t is in evidence tina, Winberg
| was g dangerous, qusrrelsome mau, and the
Prohibits men of peace aud good conduct.
| They had, therefore, right to think that
| WinbeTg intended 10 do one Or both OF them
| great bodily harm when he made the assault
with the AZ. This opinion il supported by
The fact that Winb.rg had just previous to
the difficulty Threatened TO get even wi h
them--to six them" large and powerful
man, he lsy in wait for James Proudit, 4
mere striplin. by com psrigon, forced 2 diff
Gully upon him and slapped his fsce. James
tried to escape from him, but could not until
Winberg had msde the assault upon him.
Smsrting more uuder the ind entity than the
pain OF the blow, james rsa iato the mill
| Office and get z pistol Adlai took the pis-
tol sway from him, and when James ran out
and up to Winbers's h iuse, followed 10 re-
strain him, as his subs quent action at the
door showed, when he caught James, coat
and tried 10 prevent him from enter
ing the house. 1t was tArouEh thi.
endeaver to prevent the difficulty
that he was drawn into it. MIRA
Winberg's evidence is of no value. She
swears that her husband had no ak, and that
two shots were fred, while all OF the other
witnesses, for the STATE as we'll IS for the de-
fsnse, testify 10 the contrary. The proof
also shows that there was no concert Of &C.
ton, because Adlai was drawn into the Diff
Guilty through his attempt 10 prevent trouble
| and this being the case he cannot be deberred
from the right of self-defense. Ii Should
also be remembered that James Pfoueft wai
uparmed when he went 10 Winberg's house
and that his invasion of the house when Q
a more powerful man was inside and on the
1
ihs indgnity put upon him, and the reck
lessness OF youth.
COL GEORGE CAN'T
followed for the defenso. He reminded III.
Jury that they could not c7nsfct except upor
The very highest form Of evidences, aud IL
this case that evidence was lacking. Tn;
attorney general has told you that Winber;
had right 10 defend his castle, his homo
Granted; but how much the more right ha:
AdIai Proudfit TO defend the castle of hi
soul, which, being OF flesh and blood, is n ucl
| more valuable than one made Of sticks o.
stones. Peace il precious, but life is NOR
SO, and there comes time when the rHtiai
must be met on the highway. l mean n
disrespect TO the dead man, but ii is neces
s.ry for me to speak OF him as l find him il
evidence, aud that evidence shows him /
have been q dangerous man, and that b
provoked the difficulty by his assault o.
/, James Proud6t. The evidence given b
Mrs. Winberg has been entirely overthrow
| What other witnesses has the attorney
| general brought here ? The "mackere
\ | brigade" You gentlemen noticed thei
. degree OF intelligence they displayed, an
! will estimate their evidence at its props
value. 1t is proven that Wlnberg attacke
James Proud6t on the highway, heated hi
blood and sent him into the Office with tn
| sLn art Oh q Wow On Dlb SuSs SOt
. pistol to ayeDge the insult, but WAS prevent
: ed, and by whom? By his brother Ada
! who was sit;iu. in the Office cool and collect
!. ed, unvexed by quE-rel or dispute with any
= one. He took the pistol from his broths
y and tried to prevent him from going 10 Wiz
= berg's house. Failing in this be followed. I
: keep his brother out Of the trouble.
Col. CAN'T liere detailed the circumstances
: of the killing already published in the ev
: dence, and claimsd lhal Adlai Proudfit hS
/ the alternative offered him OF killing VIII
= berg or losing his own life.
Aitornsy-G General Turner closed for Ii
: State, reiterst ng the arguments in bis opsI
: ing speech. His principal point was thu
:, the Proudfis provoked the final and fat
quarrel by attacking Winberg in his o"
souse, and that Winberg showed no dispos
ion to kill either Ct them, but simply srme
himself with the frat weapon that came
hand, and drove them from his door.