Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-06-27
G.. MUNDINGER
Again On Trial, Charged With Embez'
cling from His Late Employers, b.
Lowenstein & BrOs.-The In
terest of the Day
Turns Upon the Testimony Of Witness
Named Sinnott, Who is Very Se--
vereIy Handled ON Cross
Examination.

Yesterday morning in the Criminal Court,
C. Mundinger was put TO trial the third
time on an Indictment against him for en-
bezzlipg moneys and goods from his late en-
Rloyers, B. Lowenstein & Bros. The lndct-
ment on which he is now being tried, charges
him with having on the 9TH day of last Feb
rnary. embezzled the sum of So so, the same
being the price of pair OF bracelets;
The first witness introduced on behalf oil
the State was
Mr.. ELIAS LowENsrEIN,
who explained the relation OF Mundinger to
the firm and the general mode of transacting
their business.
DARLING's TESTIMONY.
The next witness for the prosecution was
Mr.. A. Darling, who clerks for b. Lowen-
stein & Bros, and who stated that ne hao
been in their employment since 1879, and was
in charge of their jewelry department; that
on the 9TH day of February he saw Mr..
Mundinqer write out a check; he did not
know what he wrote at the time, and tnat
while writing the check he gave Mr.. Shouse
a wink, which he (Shouse) understood be-
cause Shouse had requested him to watch
| Atznft,- r1,e-vtlrck, thaI ne walked down the
aisle of the middle floor and passe1 under the
archway, (which the witness explained on a
diagram) and over to the cashiers desk
that he saw him get some money from the
cashier, walk back into the middle room and
put his hands into his pockets; that the
money was in his hand when he put it in his
pocket, and that when he took his hand from
his pocket there was nothing In 1t. Witness
said that he knew how many bracelets were
in his stock, and that he further knew no
bracelets were returned; that he and Mr..
Mundinger were friendly, and that he had
nothing against him.
WHAT MR. sHoUsE SAID.
The next witness on behalf of the State
was Mr.. Shouse, who said he was the general
manager of the retail department OF B. Low
enstein & Bros. :; tn al he had known Mr.. Mum
dinger since about 1860; that he had always
been his friend; that he was the cause OF the
Lowensteins promoting him to assistant floor
manager; that on the day mentioned, te-wit,
the 9TH day of February last, he had his at
tention called to Mundinger by Mr.. Darling
giving him a wink while Mundinger was
writing out the check that he followed along
behind him and saw him present the check
to the cashier, and saw the cashier give him
some silver money; that he followed him
into the middle room and saw him put
his hands in his pockets, and that
when he took his hands from his pockets
there was no money in them; that he went
to the cashier and told him to hold the
check. Witness here went into an elaborate
explanation of the system of selling goods
and making out checks, the duties OF the
different employees, etc. He said that on the
day Mundinger was arrested he came with
the deputy-sheriff to the store and asked him
what it all meant; he told him (MundiDger)
that ii meant he had been systematically
robbing his employers, and then Mundinger
asked him what he (Shouse) would do, and
he said that "f l were you l would go TO
Mr.. Lowenstein, confess my crime, tell him
that l have robbed him, and turn over TO
him all you have, and then that you would
not pay him the tenth part of what you
have stolen from him." he then asked
stein and interceds in his behalf;
| told him would, aud went to look for
Mr. Lowenstein, and he was not in the house;
/ then went out in town to find him, and
when 1 returned Mundinger was gone; /
always looked upon Mundinger as an indus
trious, energetic and sober man.
THE CASHIERS STATEMENT.
The next witness on the part ofAhe State
was George Proudft, cashier of the firm of
B. Lowenstein & Bros. He said that on the
9TH day of February last, about 4:30 o'clock
PM, Mupdinger brought to his desk = check
marked "to bracelets returned by Mrs. lynch,
g. and that he paid him that amount and
held the check for Mr.. Shouse, who had re-
4uested him to keep any checks presented by
for returned goods
OTTO ROBES STATEMENT.
The State then introduced Otto Robb, who |
stayed with Darling behind the jewelry
counter. He said that he did not know Of |
he return of any bracelets.
Here the State closed its evidence in chief. |
sINNorT's STORY.
The defense introduced Charles N. Sinnott, |
Who swore that on the 4th day of February |
asst he bought of Mr.. Darling, at B. Lowen- |
tein & Bros, a pair of bracelets, for which |
le paid the SUM of IS so, and that |
IN the 9th day of February he re-
urned said bracelets, and being on his
way up to the courthouse TO sit |
N the jury he did not take time to get from
dr. Mundinger, to whom he returned them,
he So so, aud told him he would call the
ay he did call and that Mr.. Mundinger
ave him the sum of So so in silver coin.
Cross eramined.-I decline to answer for
Thom l bought the bracelets. THE Court
ere ordered the witness 10 give the name of
he party for whom he bought them.1 He
hen gave the name of Miss Mendleson at $50
'esle street. and said that he did not tell the
ady that he was going to buy them for her,
nd that she did not know that he ever bought
hem. The witness swore that he had taken
O interest in this case, but afterward said
g had handed Mr.. Powell list of names to
e summoned as jurors in this case, and that
fr. Powell refused to take it; that the list
names were handed him on the south
de of Adams street, between Front and
lain streets, but did not recollect who gave
to him. The witness stated that he had
.veral private interviews with Mr.. Mundin-
sr at his store; that he had frequently been
bout Mundinger's store since he was in
cted; that he knew Mr.. T. A Kennedy;
1t acquainted with several weeks ago; that
: had been with him ofte n since; had eaten
the Clarendon Hotel at his expense, and
ad drank with him frequently.
At this point recess was taken until
clock.
NIGHT SESSION.
Charles n. Sinnott was recalled at 7:30
M, and cross-examined by General Wright.
e was asked if he did not tell Kennedy, the
,tective, that he intended to swear on the
ial that he bought those bracelets for