Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-06-10
aORNING SESSION.
MR.. PATTON


was the first witness yesterday morning in
continuation of the Cross-examination from
yesterday: / was at my counter and the
woman was at the silk counter; / was look
ing directly at her; she was looking at the
goods her side was to me; Mr.. Mundipger
was behind the counter; she was nearly be-
tween me and Mundinger; / could not say
exactly how far she was from me; | think
she was about fifteen feet from me; did not
say yesterday that l was ten feet from her;
/ did not hear what was said between her
and Mundiuger; Mundinger quite often of
busy day showed customers around through
different departments; / don't remember to
have ever seen the woman before; she was
dressed very neatly and nicely; she was pretty
black, aud very good looking black woman.
Colonel Gantt-Does the witness mean that
the woman was pretty black or 4 pretty
black woman?
Witness-You can take it either way,
Colonel. There was nothing secret about
Mr.. MuudipgeI's measuring the silk to her;
it was about the hour of l or 2 o'clock; the
silk was black; Mr.. Mundinger took the silk
in his. right hand and The money in his left
hand and passed directly by the cashiers
deck 10 the wrapping table; i saw the woman
hand Mr.. Mundinger the money; it was in
several bills; | think from where | was
to the cashiers desk is about twenty feet;
he (MundiDger) ought to have stopped at the
cashiers desk and have given the cashier
the money with check, and the cashier
would have returned him the change and
then the bundle-wrapper would have wrap
ped up the goods, after measuring the silk 10
see that the number Of yards on the check
tailed with the price of goods; l have
never acted as bundle-wrapper. but / think
know what his duties are.
The Court to Colonel Gantt)-You must
not repeat the answer of the witness.
Colonel Gantt-I will try and refrain, your
Honor; but it is hard for one to quit all at
once what he has been doing all his life.
Witness resumed; i did not ask the wo-
man her name; did not care TO do SO; l did
not go to the bundle-wrapper about the mat
ter for the same reason; / don't recollect
when my salary was raised from SIS to 200,
but think from my best impression that it
was after the arrest; | have no recollection
when Mr.. Miller left; | related what have
said here to Messrs. Lowenstein, General
Wright and Mr.. Lehman; a shorthand re-
porter was present and thought took down
my statement; did not sec it after it was
written, as il did not concern me; | may
have talked TO some one else about this; |
don't remember.
General Wright Ito Colonel Gantt) will
you repeat the answer of the witness, as l did
not understand II?
Colonel Gantt-I would, but you know his
Honor has ruled that | cannot, and l might
go to Jail.
Witness resumed: saw Mundinger sell
woman a spool of silk thread and put the
money in his pocket; DON'T know what the
amount was, but the thread was worth
eighty-fiye cents per SPOOL Mr.. Lowenstein
had such unbounded confidence in Mr.. Mum
dinger that did not feel free to tell him OF
what ! knew; / have no hard feelings
against Mr. Mundiuger, although / think he
has treated me very unkindly and unjustly;
Mr.. Mundinger was very popular man;
the thread transaction took place between 3
and 4 O'Clock; the various distances l have
given is merely my judgment; have no way
Of accurately judging; did not hear or know
that Mr.. Mundinger was unfriendly to me
until after his arrest Mr.. Miller left of his
own accord; he got 500 per month; got the |
same after taking his place; after seeing the |
silk transactionI discussed with Mr.. Gross my
duties in the premises; as to the cuff transac- |
ton, / went TO the store on Sunday morning |
and found five or six clerks there; needed
a clean pair of cuffs; l said to Mr.. Gross to
charge me with pair OF cuffs, and took |
them; the rule OF the house is that no clerk |
shall make out a check for what he buys
himself, but that a fellow-clerk shall charge !
him with it; this is the reason that instead |
of charging myself with the cuffs l asked |
Mr.. Cross, in the presence of the other
clerks, to make out check for them and |
charge them to me.
THE sILSMAN's STORY.
Mr.. William Cross testified: L am clerk |
at Messrs. B. LoBenstein & Bros, in the silk |
department; l have been with them three |
years; L know Mr.. G. Mundinger very we'll; |
ne was lloor-walker in two rooms, the mid |
die and south rooms; suppose he was head |
floor ker, as l was placed under him; l |
witnessed transaction last September, at |
my counter, between Mr.. Mundinger and |
4
with her; | was waiting on a lady; Mr.. Pat |
ton said to me, "Check, Kartie;" l knew |
what he meant and directed my attention to
Mr. Mundiuger; he sold the negro woman
six yards of silk at 81 per yard, and took |
the money and goods and went toward the |
cashier and wrapping clerk in the other
room; after little while he came
back and gave the bundle to the woman; the
money was all in bills; when he came back
ne gave her the package; he was gone about
one minute, or long enough to have the
goods wrapped up; the woman sat on the
stool until he came back; after the woman
left he put the money in his rocket; he
should have made out check and have
called a cash-boy, and have sent the bundle
and change to the cashier, or else should
have directed me to make cut check, which
he frequently did. The witness here was
asked TO make an explanation as to the
check system in the house. Mr.. Mundinger
did not have any number; if he had made
check he should or would have used my
number, but he did not ask me for any
check; 1 don't know whether all the cash
boys were busy or not at the time, but don't
think they were; l recollect the exact date,
it was on September LIST; 1 understood Mr..
Patton to mean, when he said to
"CHEcK KATIE"
that / was to watch Mr.. Mundinger; it
was understood between US, but was not
a general term among the clerks;
Mr.. Patton took from his pocket an
envelope and made a memorandum OF it
at the time; / had charge OF the silk
counter at the time the other salesman was
away.
Cross eramined.-I had just got back from
Inner, and was waiting on a customer;
lid not hear what passed between them;
was about fen feet from Mr.. Patton; / think
was yard or two nearer the woman than
Mr.. Patton; | don't think that Mr.. Patton
could have looked the woman square in the
ACE, but he was rather in a position TO see
he side OF her face; Mr. Mundinger msas-
lred the goods yard by yard; when he got it