Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1882-06-09
fnA MuHDTK0ER UAsr.
Triai or the Second Charge
Against Elm.

dollar from B. Lowenstein & Bros.
was put upon trial yesterday Afternoon
an another of the fourteen severa.
counts originally brought against him
The jury was completed between
three and four o'clock in the after,
noon, as follows: ]. w. X. Browne
W. N. Brown, Martin Walt, A. J
White, j. W. Newell, j. j. Murphy
]. H. Christian, R. A. Sneed, W. D
Dunn, ]. f. johnson, Thomas Cair
and j. NJ. SaOkett. The particular
case, as explained by the witnesses in
their testimony during the evening
In brief is as follows: On September
LIST last Mr.. Mundinger sold six yards
OF silk, worth two dollars per yard, t.
lady patron of B. Lowenstein &
Bros. He Cut off the six yards o.
silk, took the money the lady paid for
it in his left hand, passed the
cashiers desk and went to the
wrapping counter, did up the goods
and gave the package to the lady:
made no check of the sale, did not
stop at the cashiers desk, nor have
any communication with that part Of
the establishment on this occasion,
but put the money he received in his
pocket. He also sold a spool of silk
thread marked s. cents and put the
money in his pocket.
The witness making the foregoing
statement was G. NJ. Patton, at the
time a sales clerk receiving $75 per
month. He is now in charge of the
embroidery department, at a salary Of
500 per month. Under o exam
ination witness said he felt no en-.
nifty toward Mundinger, but admitted
having said Mundinger had endeav-
ored to have him dismissed, and he
thought it right to tell what he knew
about him. He mentioned getting a
pair of cuffs from the store, for which
he had been called upon to account,
and getting a fellow clerk to make out
a check. he made a satisfactory ex-
PLANTATION tohis employers. Mr.. Cross,
another employe Of the store, was also
a witness to Mr.. Mundinger's action
in the sale of the six yards Of silk.
In the testimony given this forenoon
upon cross examination Mr.. Patton
said Mr.. Lowenstein had such un-
bounded confidence in Mundinger
that he did not feel free at first to tell
of what he knew. Had no hard feel.
ings against Mr.. Mundinger, although
he thought he had treated him
very unkindly and upjustly. Nun
dinger was a very popular man. The
thread transaction took place between
three and four o'clock in the afternoon,
and the sale Of silk to the colored
woman about one o'clock, or three
hours between.
1t had been customary for Munding-
er to show customers about nm busv
days. The woman was pretty black,
and a stranger; she was dressed neatly.
(Here the facetious attorney wanted
to know if he said the woman was pref
ty black, or a pretty black Mr.. Patton
said that there was no secrecy about
the transaction between the woman
and Mundinger. The silk he meas
ured her was black silk. Mundinger
ought to have Handed the money to
the cashier with a check, then the
bundle wrapper would have measured
the silk preparatory to wrapping it up,
so as TO compare the check with the
actual amount of goods. He did not
ask the woman her name or say any.
thing to the bundle wrapper, and did
not recollect when his salary was
raised from SIS to 500, but thought
it was after the arrest of Mundinger.
Patton did not know Mundinger felt
unkindly toward him until after the
arrest. After the thread business,
Patton asked Mr.. Cross what would
be best to do about it.
William Cross testified to having
been a clerk at Lowenstein's for three
years, and served as a clerk in the silk
department. He witnessed a transac-
tion in September at his counter be-
tween Mundiuger and a negro woman,
with whom he came to the counter.
Mr.. Patton said Check, Katiol''
knew what he meant, and di.
rected attention to Mr.. Mundinger.
The witness was asked to state what
be understood by the words "Oheck,
Katie" He said he thought Patton
meant to warn him that Mundinger
was up to some of his tricks and to
watch him. lie saw Patton take out
an envelope and make a memorandum
after this fashion: September 1st, 6
yards silk, $l2."
On o examination Patton said
after Mundinger had been exposed,
Merrett, a former clerk, sent word to
him (Patton) he had got his foot in it.
The witness said:
81 told him 1 had not got my foot in
it, and intimated | would thrash him