The Birmingham age-herald., 1914-03-08
W|NKLER CONTEMPT CASE ID bE DECIDED MONDAY BY GRUbb Hearing Is Held in Federal COurt-Defendant Takes
 Stand and Denies All
 Allegations

After expressing an opinion that "there was nigger in the wood-pile" or words to that effect, Judge W. I. Grubb with held his decision in the case of Max Wink Ter, charged with having committed a contempt of court in reference to the filing of a petition in bankruptcy, and will announce his decision tomorrow. It was alleged that the defendant was re- sponsible fer the filing of "moot' peti- tion in bankruptcy for a negro named Davis Harris In order to throw the bank ruptcy case of tine Colorado Loan com pany into the court of Judge Alex C.. Birch, referee. This charge was gen. orally and specifically denied by the de- fendant.
 The case went to trial yesterday morn
 ing at 10 o'clock in tne United States court before Judge Cirubb. Robert N. Del, district attorney. and his assistant, C. $. Kennemer, represented the gov crnment. The defendants counsel was Walker Percy, Judge C. c. Nesmfth and A. C.. Smith. Among the witnesses who testified were Victor Smith, R. Dupont Thompson, W. w. Crawford, Roy Mccall lough w. J. Fleming, l.. G. Chandler, w. R. Diliard Charles Allison, I. II. Barker Dave Harris ard Pat Cade.
 At the conclusion of the testimony for the government, Mir. Percy made a mo- tion that the defendant be completely ex- onerated by the court, declaring that the government had failed to produce an ioto of testimony that connected the defend ant with any illegal dealings in the case Judge Grubb stated in reply that he was convinced that the petition said to nave been filed by the negro Harris was not filed voluntarily by him and that it was instigated by someone else. He also stated that he hao not made up his mind as to whether MT. winkler had any illegal connection with it.
 After the noon adicurnment Mir. Wink Ter took the stand in his own behalf. He denied that he was in any way guilty of illegal practices in the filing of the suit and state the case was taken in the regular order of business. He explained, ;he circumstances leading up to the find ing of the petition and specifically denied every allegation of the bill of complaint.
 At the close of the opening argument by District Attorney Robert N Bell MT. Percy stated that in his 30 years of prac- tice he had never heard counsel for the prosecution ask a conviction on such a flimsy showing. He insisted that the government had failed to make out a case and said he should be discharged. He was interrupted during his argument by Judge Grupb, who repeated tha. he was still of the opinion that q fake petition or suit
 had been filed and that someone was guilty Following Mr. Percy, Judge Ne smlth read portions Of the defendant $ answers and cited q number of authori- ties bearing on the case
 In reply Judge Bell stated that while actual proof had not been shown in some of the instances vet the reasons for filing he petition had been shown and that an inference could be easily drawn as to it's purpose.
 Judge Grubb again stated that there was something vrong about the filing of the suit. but announced that he would reserve his decision to be given at later date.