Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-06-29

1
in hurry to go back to his shop anC
make customer shirt, who wa
waiting for it. Wonderful testimony
now, look out for the sweet singer of Israel
gentlemen; he will make you feel like crying
and almost transport you to the elective
mountains and ask you to look over into the
promised land. / asked General Wright tc
| more capable than l. 1t was not at his re
| quest, but at mine. L expect the swcet
singer will dwell on this. If l thought the
| defendant WIS not guilty, gentlemen, would
rise and ask you to aeguit him, though all
the people cried out for his conviction. Take
the case, gentlemen, and do justice, no mat
ter how or whom it may strike down.
COLONEL CAN'T,
for the defense then spoke as follows:
GENTLEMEN OF THE JURY-God made
man; He made his imperfections; He made
the flowers, but He made man in His own
| image and did not create man to strive with
man. The Holy Spirit follows him, and
with its outstretched wings ever hovers over
man to keep him and not to let him fall, and
| that same spirit hovers over US all to-day
and will guide us. This is the spirit of the
| law. Gentlemen, you must have high de-
gree of proof to convict this defendant, for
| the law says you must. Oh, gentlemen, 1t
must be SO high that you would act upon il
even to your own hearthstone. Gentlemen,
the law which General Wright will read you
on a reasonable doubt has long since
been set aside, and our own Supreme
Court have turned their backs upon it.
And this shows a weak case. As to confess
sions, how easy is it to misunderstood man
and not catch what he says or means; hu-
man nature is weak, when man is en-
vironed by the strong arms of the law, under
the frailties of his nature. Now, deny that
We have fabricated any testimony to shield
Mr.. Mundinger. Ii the proof shows to the
contrary, 1 acknowledge it would be against
him and indicate his guilt; but this has not
been proven by the State. Here Colonel
CAN'T reviewed the law upon witnesses who
are interested in a cause, and said it should
be regarded and looked upon with suspicion.
This law applys to those who are even above
stealing from a neighbours pocket or from
even that of a friends. When employees
swear for employers their evidence is
generally preposterous and unreliable.
l am investigating them and marking out
the ground upon which the butter-and bread
brigade move and marshal their forces upon.
A good character is not built up in day.
You see the STRIPPING, he grows up and is
many years in getting his character, and
wealth cannot buy it; it is not to be pur-
chased. Can you take liberty on such evil
dence as that which may leave man a blight
forever? The humanity of the law is that
you should err on the side of humanity, and
if you are in hesitancy about it, you should
acquit. This is the law-the humanity OF
the law. 1t is better that ninety nine guilty
persons should escape than that one innocent
should be punished. This is the German
fable transposed in our lawbooks, and il is
the great law of humanity. Gentlemen, the
wicked flee where no man pursueth, but the
righteous are as bold as lion. Thus with
Mundinger. He made the change in open
day; put the money in his pocket in open
day. all in his conscious innocence. Was
this the manner of thief? No, it could
not be, and you do not believe it; and 1 do
not believe, and no one believes. He is not
asked TO explain, and nothing is said to him
at the time, but he is arrested like dog.
Did a thief ever act as Mr.. Mundinger? Did
he ever stand as this one? Did he ever look
like this one? The gentleman said 1 would
appeal to your sympathies. Yes, L will APP
peal to them. / cannot look you in the
face without appealing to your sympathies.
When the chords of the human heart are
touched it is but to bring forth sweet notes of
sympathy, and 1 will even sympathize unless
became a detective like Kennedy, go into
a mans house and see if he tells the truth,
and if not leave its dark and hideous re-
cesses and disregard him. Friends never
betray like this dark, treacherous Darling
has done. No human heart beats within a
human breast that could do as he has done.
On, yes; still his friend. Still his friend
Make a note of it, and let me hear from you.
Still his friend when he saw HIM steali Oh,
my Darliugl Darling family, when my own
brother stole $4,000 from me, so says Mrs.
Burke. If such' were the case 1 would let
my tongue cleave to the roof of my mouth be-
fore 1 would ever tell it, SO help
me God. Would you convict anybody
on such evidence? No you will not.
We will convict Darling ont of his own
mouth; we need no S. day detectives to
ferret him out. Gentlemen OF the Jury,
will be followed by one of the most gifted
sons of God; one that will carry you away
on the wings of his matchless eloquence; but
even if you were TO have the logic and elo-
quence of an arch-angel from the bright
pearly gates OF heaven, you cannot get over
the facts that stare you in the face. You
may believe every word that Shouse and
Proudfit say, and yet if you believe not my
Darling, you are bound TO acquit. But what !
Of Shousr? Oh, my sweet-smelling gourd |
blossom, he is fatally contradicted. Would |
you, gentlemen of the jury, try your |
wife and little ones upon this |
mans evidence. Compare Shouse with Sim |
mott; but we reach the audacity of this pros
scution when we reach the Pinkerton de- |
lective. This surpasses Shouse when he said |
II promoted Mr.. Mundinger." But he was
for good work, for staying here |
during the yellow-fever epidemics when
Shouse was cooling his heels against the
North pole. On what case are the butter |
brigade to come to the front? Ali dam
age suit hangs over their heads at night, |
and, like some ghost, haunts their nightly |
,lumbers. Their rules were never broken,
,ays Shouse, until Mrs. got |
he So that he had in his pocket
or her; the Frenchman got articles
md put them in his pocket, and they were
never wrapped up; that the system and rules
we're not perfect and were not always OBJ
erved. Mr.. Shouse says: 81 heard great
many say Mr.. Mu adipger was extravaganza"
,ut he could not name one. No, not one
Charming Mr.. Shousel good Mr.. ShouseI
weet Mr.. Shousel come lay your head upon
ny breast and breathe your life out sweetly
here. He says Mrs. Burke is still "my
riend." Why this? oh, why this? Take
he discrepancies of the States witness, and
axe Sinnott's Just as he is, and throw them
Ill into the scale and weigh them, and will
hey not all when put together create rea-
enable doubt? The jury-list, said TO have
,een got from Sinnott by the lynx-eyed de-
ective, has it got one crooked name upon
{? Not one; they are all reputable gentle
nan. Why did not the State ask Sinnott,
lame by name on that list, If he
tnem, anu DrlDS tnem mere ana
SIX them if he did so9 Why not do this,
nd see who was crooked? The man Ken
edy is walking lie, tull of hypocrisy and
eceit. He nine years ago stripped himself
f the nature God gave him and put upon
imself the rags of deceit and of traitor.
Did he not go to Sinnott and betray him?
Did he not get some one to hand the list to
innott 40 he could steal it from him? Is
his not reasonable? How did he get it from
i'm? By carrying him to his room and
utting his Shiny, sneaking arms about
is neck, and steal it. This whole
ase is grand conspiracy. The Lowensteins
ave lowered themselves by crawling TO this
neaking process to prosecute citizen; but
ven were Kennedy on a level with even de-
raded humanity, he then would stand too
ow for you to believe. Do you believe him?
70, never! This man, just like the fleshfy,
'oks for the rotten portion OF humanity. He ;
yes upon the rotten; it suits his nature he
ont want to live among church people, |
,hool children and good women, but he is
lways on the lookout for the bad, the rotten
umanity. He loves this; in il he hves and
loves and has his being. leave him here.
8 to Sinnott not wanting to give the name
the young lady for whom he bought the
racelet, there is nothing in this. She knew
othing about the transaction, and it was
.asonable that he did not like to give her
anne. Why this great desire TO convict? 1t
the cry that ever comes up to the LoWen-
ems, that says she will come here and hang !
p his hatn "Come," say they, sand help
!. Shousei Come and help US, Pinkertonp