Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-05-26

Darling, had betrayed one of her best friends
Mundinger. l told her that if a man were
guilty OF robbing his employers he ought TO
be shown up. She asked me if I thought he
was guilty, and told her unquestionably so
that | had seen him stealing myself.
sHoUsE's CHARACTER.
Messrs. J. T. Fargason, q. V. Rambamt
Ridgely and Malloy all testified to the
good character Of Mr.. Shouse, while Chief
Davis, Captain Pat Hackett and Captain
George OiHaver testified TO the fact that
Mrs. Rogers bore a most excellent reputa-
ton Tor truth and veracity, and their testi-
mony left no doubt that the lady bears an
unblemished reputation. 1t was agreed that
there was no need of proving Mrs. Burke's
character, as she was so well known.
AN INTERESTING INCIDENT.
The testimony all being in, Colonel CAN'T
held hurried interview with the defendant,
and then stated to the Court that he had
nothing more to offer, except that Mr.. Nun
diDger wanted to make a short statement to
the jury. The defendant took the witness
stand rather pale, but cool, and spoke short
ly and substantially as follows in a very col
lected way:
81 wish to say, gentlemen of the Jury, that
as to the statement of Mr.. Shouse, il is
wholly untrue. In regard TO the Mrs. War
when l got the change, and then made up
my mind to keep the dollar for Mrs. Rogers
and gave the rest of the change to Mrs.
Warner. By this 1 did no wrong to Messrs.
Lowenstein Bros. or any body else"
The defendant then stepped briskly out OF
the witness stand and resumed his place
among his counsel, with whom he began
pleasantly chatting.
Judge Horrigan asked how long the coun-
sci wished for argument, and there being no
answer, announced that he would allow three
hours to each side, always understanding"
he added, that the counsel needn't use all
the time"
Colonel CAN'T wanted to know if it was
with the understanding that the balance of
the time could be used on another occasion.
Judge Horrigan replied that the other oc-
casion would be out of the courthouse.
BEGINNING THE SPEECHES.
The speeches were declared in order, and
Mr.. Lehman, for the prosecution, then
read the sixth count, upon which Mundin-
ger was being tried, and made the open
ing speech. The other side would probably
make considerable comment on the case, he
said, because of the smsllness of the amount.
stress had been laid upon the fact
that Mundinger had charge of the store dur
ing the yellow-fever. The dollar transaction
was a good index to the man and his conduct
in the house. On the 9th of February Mr..
Shouse and several others were watching Mr..
Mrs. Warner came in and
made email purchase of 81 Is. The
speaker here detailed the facts of the case.
The checb made out detailed something
strange and untrue. Mr.. Mundinger went
BENEATH HIS POSITION
and became a little cash boy; carried the
goods to the cashier. He gave an untrue
check to the cashier, but he gave a true
to Mrs. Warner. He was
bound to admit himself that he had
PUT ONE DOLLAR
IN his pocket The defense had intended at
,ne time to break down the testimony of Mr.
Shouse. If Mrs. Rogers had not been sum-
noned yesterday, the defense would have
argued all along that Mr.. Mundinger did not
put the dollar in his pocket. Tine very
lever trick OF Colonel CAN'T, by which he
deceived Mr.. Shouse, was evidence that the
lefense did intend to deny that he had ever
oocketed the dollar. They had tried to.
o show a conflict between Shouse and Mrs.
Burke. Their endeavor was
TO SHOW AN ANXIETY
IN the part of Shouse to convict Mundin-
,er. He saw nothing in the deposition of
Mrs. Burke to countenance this idea. Mum
linger was arrested February 10th and in
licted March 4th, and yet he never called on
Mrs. Rogers until the latter part of April.
The transaction about the buttons must have
,een especially clear in his memory. There
vas fatal Inconsistency about Mr.. Mundin-
,er's statement TO the jury. He said the
bought occurred TO him after he had re-
eived Mrs. Warmers change to keep dollar
md give Mrs. Warner her real change, but he
ent the check in which called for 50 80
hange, and it must have occurred 10 him
Fhen he was writing the check, if it occurred
t all. Here was a man in the house of
ne Measrs. Lowenstein who was stealing.
The man who could steal thus was bold
hief, and this act, though only of dollar, was
ot to be despised. IT this man could walk
ut of the courthouse free, it would be an
to others to commit crime, es-
ecially to young men.
Court then adjourned until Z 80 p. m, TO
ear part of the counsel for the defense.
NIGHT SESSION.
The court was called to order last night at
80 o'clock. The crowd in attendance had
no way diminished, and the speeches were
esumed.
MR.. T. B. EDGINGToN
as the first speaker for the defense. He
istory of the defendant and his faithfulness
, the trust confided in him by his employers. |
lie stated that he considered the whole affair |
grand conspiracy on the part of employees |
the house, headed by w. w. Shouse, man.
ger of the Lowensteins. This was plainly |
, be seen by Mr.. Shouse having said to de- |
ndant that he thought the best thing he
ould do would be to turn over to the Low |
1steins all he had, to repay them for what |
e had robbed them of. He dwelt to a con-
jersble extent upon the good character of
[rs. n. NJ. Rogers, the defendants witness,
no testified to returning the dollars worth |
buttons.
MR.. R. C. WILLIAMSON
Flowed for the defense. He said the only |
ling for the jury to determine was whether
lie defendant was guilty or not guilty. He
as not there to heap odium on any of the
illnesses. He said Mr.. Lowenstein did not
now whether Mr.. Mundinger was guilty or
ot. He did not impugn the testimony of
Irs. Warner. 1t was the duty of floor
alker to do anything-act as cash boy, cell
oods, if necessary, and superintend every
ling. There was no controversy about it.
o one denied it except Mr.. Darliog. The
lily question after all in the Warner case
as, did the Lowensteins get the money for
e goods sold? If they did, it was all right.
wouldn't do to send this man to the peni-
ntiary because he didn't call for a cash boy.
be jury was not there to send man to
ison because he violated the mere system
dry goods store. The speaker
iticised Mr.. Shouse severely, and
id that deeply as he felt in
e case, he actually felt sorry for Shouse
1en the latter explained how Mundinger
ID concealed the dollar. The truth was
at Shouse had simply perjured himself.
Iouse and Darling disagreed as to how
undinger manipulated the dollar business.
lie cham of evidence for the defense was
mplete. Mundinger did not get the dollar.
he still had it he ought to be called on to
We it up. The speaker said he was not
ere to abuse Mr.. Shouse or Mr.. Lowen-
in, who was really the most abused man
the whole business, but he simply had to
= that Mr.. Shouse was mistaken. Mr..
ouse did not know what he was saying,
cause he was so warped by prejudice.
The court then adjourned until this morn
2, when General Luke Wright will speak for
: prosecution, followed by Mr.. Julius A.
ylor and Colonel CAN'T for the defense;
d the case will be closed by the attorney
neral.
One Day for Ireland.
The Land Leaguers will give a grand pic
at Fitzgibbon's Grove on Sunday next
oceeds for the down-trodden and oppressed
ople of ireland.