Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-05-27

trial for stealing the paltry sum OF 81. II
Mundinger was guilty Of stealing the, dollar
he was the biggest fool 1 ever saw. Thieves
are sharp and usually have their eyes open,
and yet Shonse was watching him, Darling
had his lynx eyes upon him, and little
Clough had also left his place and was
watching him.
The speaker alluded to the trick OF Col
onel CAN'T, and said that if Shouse saw q
dollar in Mundinger's hand. he saw through
his hand, inst as Darling saw Though a
brick wall. Counsel here read a selection
from Pckuiek Pdpers). The counsel COM
pleted his speech by commenting on the de-
fendant's arrest. Why didn't the firm when
they heard of the acts of Murdinger ask
him to explain; tell him what he was
charged with; and ne would undoubtedly
have said go and see Mrs. Rogers, who lives
at such and such place, and she wilt ex-
plain the matter TO you. That would have
been the way to treat this old employr. But
mans inhumanity to man came in, and it
was not done.
COLONEL GANTT's
speech was awaited with interest, as from
him the audience expected an eloquent pre-
sentation of Mr.. Mundinger's case. He
spoke go rapidly and passionately that the
reporter had hard work keeping any track bf
him at ALL The following is the substance
of his speech: This is a question momentous
to my client, to my friend, involving him
self, his home, his wife and his children.
How shall we try this man, What is a
man, made in the image of the Deity, made
under the stars? This is the trial of man,
not trial of the money-bags Of the defend
ant. A human soul is greater than the
whole world, and that is what you are try
ing. You should require higher kind of
proof How much testimony? If all the
money of all the Lowensteins on the globe
were brought in, you must judge this man by
the preponderance of the evidence. The
ch ain of circumstances must be complete. If
any link is missing, or any fact is untrue,
you must acquit. You were told that the
heather were blind in their justice, but you
were not informed as to the law of to-day.
The theory of the State is that the de-
fendant stole a dollar. The prosecution
means that he meant TO perJure his
soul, he meant to brand his family
with an infamy which all the waters
of the ocean could not wipe out. The theory
of the defense is that it was an accident and
not design. We assert that the proof does
not sustain the charge. We rely upon the
proof with confidence. A word about human
nature. You have seen boy that was al
ways suspicious, rat-terrier of a boy. Ny
Godl think of a man who was condemned to
be spy upon the foibles of othersl Mr..
Shouse may not be bad man, but he looks
through magnifying glasses. He sees
mountain for a mouse. General Wright
says Shouse was the head and Darling the
tail of the conspiracy, and all 1 have to say
is, Oh! what precious darling of tail that
wasl What are the means of breaking
down the defense? General Wright must
have had some of those magniiying specs
when he saw so much in these checks. He
says look at the paper and you will see
falsehood. You will see nothing of the kind
You will see that dollars worth of buttons
was returned. 1t does not say that Mrs.
Warner returned the buttons. The charac-
ter of Mrs. Rogers was sustained by the chief
of police, the two captains, as that of a good
WON an, and in spite Of all their shafts they
failed to ipjure it. She either told the
truth or a falsehood. If she told
the truth; then c. Mundinger is
not guilty. She can't be mistaken. She
is good, true woman. What motive would
this true and good woman have to tell lie
She has a soul; she has a character TO pro-
tect. They say on the other side, "Why did
wait until the last of April be-
fore he went to see Mrs. Rogers?" That is
that she had not already been approached
by somebody? 1t is not our duty to prove.
Il is the duty of the prosecution to prove its
case. Mrs. Rogers bought the buttons; re-
turned them, and got her money back. Now,
gentlemen, when you go home to your wives
and children, tell your wives we have been
sitting upon C. Mundinger. We saw his
wife there-a good, pure woman-but we dis
regarded everything. We have struck him
Town; his wife down, and his children down.
Where is Tozer, one of the three men who
we're behind the notion counter? Why didn't
you call Mr.. Nelson? / don't know; 1 only
Know that the State says you shall not lay
your hands upon man until be is proven
,uilty beyond controversy.
Court adjourned until pm.