Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-06-28


sides. and the real facts of the case we're very
much overlooked and obscured in this way.
Messrs. julie Taylor and r. c. Williamson
spoke for the defense, and Assistant Attor-
ney- General Weakley and Mr.. Lehman for
the prosecution. To-day Colonel George
CAN'T will speak for the defense, and Attor-
ney-GeneraI Turner and General Luke L.
Wright for the prosecution. The case will
close at o'clock.
w. w. SehoOineld
was the first witness introduced on behalf OF
the State, and testIhe ed: / have lived in Mem
phis for twenty seven years; l know Mr.. w.
w. Shouse; have known him for many years
have known his general character for truth
and veracity; would not hesitate to believe
him under oath in court of justice.
MR.. W. F. TAYLOR,
of the firm of Porter, Taylor & Co., and Mr..
Darlington Mason, also swore to the good
character of Mr.. Shouse.
The State here conceded that the defense
could establish the good character of Mrs.
NJ. Burke.
The counsel for the State also conceded
that the defendant could show a good char
acter for w. r. Simms.
MRS. KNAPPs TEsTndoNY.
The defense next introduced Mrs. Knapp,
who testified: l reside in Chelsea; l know
Mr.. Mundinger; have known him some sew
enteen years; l traded with Mr.. Mundinger
at b. Lowenstein & Bros; l bought q pair
of bracelets the last part of last year from
Mr.. Mundinger for So; I returned them a
few days afterward, and, being in a hurry,
did not wait Tor the money, but came back a
few hours aftsrward ana he (Mundinger)
took the S. from his pocket and gave il to
me.
The State here objected to the proof, but
the Court ruled that it was competent to
show the mode Of business, or that employees
violated the rules OF the house.
SAMUEL ELLISON,
for the State, testified: / am a press-feeder
at the APPEAL office; / know Mr.. G. n. Sim
mott; his character is bad for truth and YER
scity, but l would believe him on oath.
Mr. STEPHENSON
testified: l am employed at the APPEAL
office; have been employed there since 1871 !;
l know Sinnett; his character is bad; would
not believe him on oath in a court of Justice
Gross eramincd.-Mr. Sinnott is not Union
man, nor a non Union man; he is not type
setter; 1 don't know that Mr.. Woodlock is
unfriendly to Mr.. Sinnott.
MR.. J. G. WATKINS,
for the State, testified: L am a manufac-
turer; am acquainted with Q. n. Sinnott; l
don't know his general character; 1 only
know him personally which he was not
allowed 10 testify.
MR.; sHoUsE
was called, and testified: l know Sam Lane;
l don't recollect that Mr.. Lane came into
the store and bought half dozen pair of
hose, and that he was in a hurry and put
them in his pocket, and that l took the
nd oil rcd tOu ri ha
MR.. SAM LANE,
for the defense, testified: know Mr.. w. W.
Shouse; / became acquainted with him in
B. Lowenetein & Bros, in 1880, and bought
some socks, and being in a great hurry
did not wait TO have them wrapped
up; / gave Mr.. Shouse the money and put
the socks IN my pocket; Mr.. Shouse walked
toward the door with me; / have no doubt
but what he gave the money to the cashier.
MR.. DARLING
recalled by the defense: l know Mrs. NJ.
Burke; 1 never talked to her in my life
about the Mundinger case; 1 never said to
her that Mr.. Mundinger was robbing Lowen-
stein of from S25 to $50 PER day.
MRS. BURKE,
introduced for the defense testified: / have
lived in Memphis for thirty years; few
days after the arrest of Mr.. Mundinger was
in the store of B. Lowenstein & Bros, and
Mr.. Darling said to me that he could not see
his employer robbed of from S25 TO $50 per
day; he said he was responsible for his ar
rest; l know what it is to be robbed, for
was once robbed of some $40, 900; also had
a conversation with Mr.. Shouss a few days
after Mr.. Mundinger's arrest; he said that if
Mr.. Mundiuger was not convicted he would
come into the store of B. Lowenstein & Bros.
and hang his hat up; that they were bound
to convict him, for he was guilty, and he
had seen him steal with his own eyes; there
was lady friend present " hen bad a con-
remarks about Mr.. Darling to Mr.. Shouse; /
did not understand that Mr.. Shouse meant
that he desired him convicted whether he
was guilty or not.
MR. sHoUsE
recalled: l know Mr.. Tom Sherwood; did
not tell him that we would convict Mundinger
aEd send him 20 the penitentiary for
ninety nine years; / had a conversation
with Mrs. Burke; don't recollect it
she does, as she was passing through the
store; / asked her if she had been waited
on, and she remarked that she felt as
if she never wanted to come into the store
again; and as for that little puppy Darling,
she felt like she could spit in his face
for having told on his best friend; then
said TO her that we were bound TO convict
him, as sixteen of the clerks had seen him
steal, and that had seen him steal with my
OWN eyes; but cont recollect saying anything
about Mundinger hanging up his hat.
NIB. SHERWOOD,
introduced for the defendant: am secretary
IF the Tennessee Club; l know Mr.. Shouse;
ne said to me that they were bound to con-
7ict Mundinger; if they did not he would
,ome in add hang up his hat
MR.. J. DUFFY
estiied as follows: have lived in Memphis
Ill my life; am a merchant; know Charles
" Sinnott; / know his general character; it
8 good, but / don't know who his associates
re; don't know where he lives, nor eats, nor |
leeps; don't associate with him; don't know |
my of his associates; have only met him on |
he streets, and from this 1 form my opinion |
4 his character; would believe him on cath;
am a member of the Liquidating Board, |
md draw my salary.
COLONEL CASEY YOUNG,
or the defendant, said: 1 am a lawyer; / |
ave lived in this city nearly all my life; i |
now Charles n. Sinnott; l can't say that |
know the general character of Sinnott;
never heard his character discussed.
CAPTAIN HAcKErT,
or QeIenQ&nt, Balu. KNOW tue General
haracter of c. N. Sinnott; 1 think he stands
cry well at the APPEAL Office, and stands
cry well generally; don't know who his
cquaintances or his associates are.
COLONEL CASEY YOUNG
ecalled: / think if Sinnotfs character had
cen talked OF 1 would have heard it;
ont associate with him; have met him in
ard meetings when 1 was a candidate.
MD pr1.ruT
sstifed: I am shirt-cutter; l have dealt
nth the firm Of B. Lowenstein & Bros l
ave bought goods from B. Lowenstein &
;ros; sometimes / have bought spool of
nread, and being in great hurry l would
~ the money on the counter and take the
nread and go.
Cross examined by State.-"How come you
} be witness"
81 don't know; / talked with lawyer"
HHaye you ever talked with Mr.. Sinnott
bout being a witness|
Il have known him few minutes," nod
ing to Mr.. J. A. Taylor.
Mr.. Taylor He means me, General
Wright, and talked to him.
General Wright-Yes, you looz like him.
Here the defendant rested his case.