Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-05-26
MUNDINGER'S CASE.
Mrs. Rogers, Witness for the Defense,
States That She Returned Buttons
and was Paid $1.0O for Them
BY the Prisoner, Who Also Admitted
That He Kept a Dollar of Mrs. War
ner's Money to Pay Her.

That He Kept Dollar of Mrs. War
ner's Money to Pay Her.
The defense was yesterday revealed in the
Mundinger case. 1t was certainly a surprise
| to those In the courtroom, and the prosecu-
ton had not got wind of it. Its value was
differently estimated. The APPEAL does not
care to express any opinion upon it whatso-
ever. As well as the reporter who has at
tended the trial could judge, it was regarded
| by his friends as full explanation OF the
| charges made against Mundinger; by some il
was thought to be a plausible and possible
overthrow Of the prosecution, and by equally
as large a number ii was looked upon as thin,
unsubstantial and most improbable answer
TO the case az presented by the prosecution.
| The APPEAL gives the substance of 1t, and
readers can judge for themselves. The de-
| meanor of the defendant has not changed.
His face is as impenetrable and illegible as
ever. He shakes hands a great deal when
| court adiourns. Several ladies waited on
him and offered their sympathy, which he
received gratefully. The sensational event
of the day was his appearance for short
time upon the witness stand. When Colonel
CAN'T announced that Mr.. Mundinger wished
| to make a short statement, ripple oil inter-
| est ran through the crowd, and something
spicy was looked for; but he merely
| made a COOL unimpassioned statement,
pronouncing Mr.. Shous2's statement wholly
untrue. The speeches made yesterday were
rather initiatory. Mr.. Lehman made a
pointed, logical address. Mr.. EdgiDgton
was not particularly striking. He treated
the case in a general way Mr.. Williamson
made fluent review of the testimony, and
took the ground that there was simply moth
ing in the case. This will be the day for
| oratory. The arguments Of General Wright
and Colonel CAN'T are looked forward to
with great interest Mr.. Taylor is usually
primed with good speech on an occasion of
this kind, and the attorney general may hit
| the keynote Of good speech at the close.
MORNING SESSION.
The participants in the Mundinger case
were on hand at 9 o'clock yesterday morning
in the Criminal Court. The courtroom was
again crowded with people and large num-
Der of ladies were present and took deep
interest in the trial. The case for the de-
Tense was then opened, with the introduction
of lady witness,
MRS. N. NJ. ROGERS,
whose testimony created decided sensation
On what she testified the defense mainly de-
pend, and her testimony constituted reason
able explanation of the charge against NJ.
Mundinger in the Warner case. About a
week before the 9th of February, the day on
which Mrs. Warner bought her goods, Mrs.
Rogers had bought dollars worth of buttons
from Mr.. Mundinger. She was not satisfied
with them, and consequently, on the 9th, she
took them back, and asked Mr.. Mundinger
to return her money. He said he was very
busy just then, and she said that, as she had
to go up to Kahn & Freiberg's, she would
leave the buttons and return in short time |
for her money. Mr.. Mundinger said, every |
WELL" and she left the store. In about half !
an hour she went back, and Mr. Mundinger |
took dollar from his pocket and gave it TO
her. The attorney for the prosecution, Mr.. |
Lehman, asked her why she remembered |
that it was the 9th, and she replied that Mr.. |
Mundinger was arrested the next day, and |
when she heard of his arrest she rem arked |
that she had been talking with him the day |
before.
This testimony OF Mrs. Rogers CO instituted |
the
KEY TO THE DEFENSE,
which is that Mr.. Mundinger credited Mrs. |
Warner with the return of dollars worth |
of buttons, when it was in point of fact Mrs |
Rogers who returned the buttons and that it ]
left Mundinger no better off than before.
DIR. Porter, Mr.. Bun F. Price and Mr.. S. |
A. Taylor, bookkeeper of the Fourth |
National Bank, were introduced to prove the
good character of the defendant They ties
tilted to having known him for a number of |
years, ana mat tney naQ IOunu MIN man OF /
above the ordinary character-courteous,
strictly honorable and conscientious.
Mrs. Doyle was to have been introduced,
but it was found that her testimony didn't /
apply to this specific case.
MRS NJ BURKE's DEPOSITION.
The deposition of Mrs. Burke, which was
taken at Hot Springs, was then read. 1t was
introduced to prove an animus on the part
of Mr.. Shouse to convict Mr.. Mundinger, as
well as to connteract some denials made by
Mr.. Shouse. 1t contains the following sub
stantially: l have resided in Memphis for
thirty years. 1 left the city for Hot Springs,
Ark, in charge of lady friend, and came
here to take course of baths. I have known
Mr.. Mundipger for twenty years and Mr..
Shouse for ten years. A week after the
arrest of Mr.. Mundinger / was at the store
of 3, Lowenstein & Bro, and had CONVEX
sation with Mr.. Shouse, and these words
were spoken to me by Mr.. Shouse, in sub
stance: "We are bound to convict him
meaning defendant Mundipger) for if we
don't, he will come and hang up his hat in
here" He said if they did not convict him,
he (Mundinger) would take all they had in
damages for arresting him, and that there
was not jury that could be obtained in the
country but that would give it to him; and
that they we're going to send him to the peni-
Mr.. Shouse also stated that Mum
dinger was guilty, and that he saw him steal
with his own eyes, and he said they were
bound TO convict him because he was guilty
THE DEFENSE THEN RESTED
and General Wright asked permission to in
Iroduce other acts of alleged theft to show
the criminal intent. He commended that he
had other transactions which threw light on
this one, and made the case more complete
He admitted that it was possible for mis-
take to te made in one case, but when a |
series of offenses were shown it would throw
light ON this
AT this point Mr.. Lehman made few re-
marks and Mr.. Taylor took occasion to get
even with Colonel CAN'T for piece of wit
icism at his expense the day before.
WIT SHAFTS. 1
Colonel Gartt-I would like to indorse
Brother Lehman whenever / can, but can't
n this instance. {
Judge Horrigan-Some of your indorse-
nents might go to protest, Colonel.
Mr.. Taylor-He don't mind protest your
Honor.
Judge Horrigan asked General Wright if !
nan were accused of numbering twelve men, !
lie could be tried for the whole thing at {
nee. c
General Wright said he could cite authori- e
les to prove it.
Judge Horrigan said he could cite au- v
horities to disprove it.
General Wright-With due Difference, / t
ont think you can, your Honor.
Judge Horrigan-That's simply differ I
nee OF opinion between you and the Court.
General Wright-But the Court has the C
asst say. L
Judge Horrigan-And proposes to take g
dvantage of it. t
General Wight don't doubt it. e
Judge Horrigan said he could not allow II
ne introduction of other evidences of offense s
} bolster up the case.
General Turner asked that court might be b
djourned for two hours. He said the prose-
ution had been somewhat surprised and un- II
repaired for the testimony of Mrs. Rogers, q
nd they desired a few hours to look into it. 1
he defense interposed no objection and a
ourt was adjourned. g
AFTERNOON SESSION.
The anticipation that the evidence would
II be in and that the speeches would begin
ttracted large crowd again, among whom q
ere the ladies, who have taken so much in L