Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-06-29
A VERDICT TO-DAY.
In the Kundinger Case, is Most Likely
to be DeliTered-Sinnott, the Pris-
oner's Principle Witness,
Indicted for Perjury and Attempting to
Pack Jury-Speeches of Messrs.-
Can't and Luke E. Wright.


CAN'T and Luke Z. Wright.
| Argument in the case of the State rs. c.
Mundinger was resumed yesterday morning,
and continued throughout the day up TO )
pm, at which hour Judge Horrigan charged
the Jury. From careful review of the ar
gumenls in the case, very full reports OF
which are published below, it is evident that
it il bad one for Mundinger. Sentiment
appeared 10 be all one way, both at the
courthouse and on the streets. This feeling
was intensified when it was learned that his
! principal witness, Sinnott, had been arrested
for perjury. The verdict is anxiously awaited,
and some disappointment was expressed last
| night when il was found that the jury were
not ready TO report. There is hardly
doubt, however, that it will be forthcoming
this morning.
MR.. T. B. EDGINeToN
| opened for the defense, and said:
| GENTLEMEN OF THE JURY shall be brief
| and appeal only to your reason, and not to
| your passion or prejudice. j shall discuss
| how this transaction commenced. He made
a check-he had this right; he went to the
cashiers desk and got 50 50-this was his
i right. The name on the check was unneces-
sary; in fact, he could just as well have
made the check without any name, and could
| have got the money Just as we'll, SO the name
cuts no figure in this case. Did defendant
| try to conceal this transactlon2 he did
| it boldly, and his so doing and his putting
| the money in his pocket does not weigh
| against him, for Mrs. Knapp says she bought
| a pair of bracelets and returned them, and
not having time to wait for the money she
| left the store, and coming back he took the
| $5 from his pocket and gave it 10 her. Is
not this transaction as strong as the one he
| now is being tried for. 7 now come to Mr..
Darling. Do you suppose his evidence IL
true? Do you think that he knew all the
goods he had in mis- show case, and that the
bracelets were the only goods he counted?
Why did he not count all the other
things. Now he is contradicted by Mrs.
Burke and Mr.. Mcdowell, both Of whom |
stand high in this community. He is also |
contradicted by Mr.. Bsrtee as to the shirt |
studs and cuff-buttons. He said in his ex- |
animation in chief that he did not make any |
present of those studs and buttons, but alter |
ward he said ayes, he gave them to him, but |
did not give them TO him out OF Z. Lowen- |
stein & Bros.'s stock" leave it to you, gen. |
tlemen of the jury, TO say what he did swear |
to, for you recollect what he swore to. We |
have been treated in this case to the services |
of distinguished gentleman from abroad, |
Mr.. T. E. Kennedy, alias Kimball and other |
names Now Mr.. Lowenstein should have |
had a case before he prosecuted Mundlnger |
that would stand alone, but he did |
not have such case, and thus |
employed a detective. Kennedy made |
Siunott believe that he wanted him 10 |
travel with him, and thus deceived him. / |
will go into his story and you will see he is |
utterly unworthy of belief. Who knows but |
that he is a paidoued penitentiary convict. |
He assumes to affect friendships, loves that |
ara but straws, and shed tears over victim /
he is about to catch. Now, as TO that jury /
list made out by Sinnott, every name on it is
the name OF person that stands high In
the estimation of the people OF this commu-
nifty. His mission was a failure. He
came here 10 either try TO get Sinnott |
TO either run off or 10 try and break him
down. But, gentlemen, he failed in both.
Now why did Kennedy not want to testify?
Because, in the first place, no one would be-
lieve him, and in the second it would hurt
his business. Why did not the detective
take with him some Memphis man, and then
if anything had happened between him and
Sinnott there would have been witness TO it.
But no. he first undertakes to commit Sin
mott and when he fails to do that he then
gets on the stand to swear, and thus makes
out his case. Here the gentleman takes up
law book Let see how law writers
regard detectives and what they think of
them.
General Turner-The book the gentleman
reads from is not regarded as authority.
Mr. EdgIngton-No, not by the State; but
it is good Law for the defendant, and / don't
propose to read law that suits your side,
general. He then read 1t some length on
detectives.
Il know of no distinction between spy
and detective" he said. "Mr. Sinnott's
character is attacked by some pressmen
and the spy from Illinois, but it is sustained
by Casey Young, j. j. Duffy and one or two
others. Now, is Mr.. Mundinger TO be con-
La l.. |
Lowenstein & Bros. who does not stand
high? Mr.. Mundinger did not have the
making of Mr.. Sinnott. Poverty Is no
crime, and no matter how poor a man
may be yet he stands before the law equal
to him who owns his thousands. 1t seems
that when Rome had grown corrupt that
man was weighed by the weight of his purse,
but not SO now; but the State has tried to | I
weigh Mr.. Sinnott by his purse and because
he accepted favors from man who was a
stranger, and whom he tells you he believed
to be a gentleman. Some comment has {
been made as to the defense proving such
high character for Mr.. Mundinger, but the
raise reasonable doubt, and if you, from |
his good character, have such reasonable I
doubt, you should acquit him. Mr.. s
was not asked to explain this {
transaction by any one. Would you treat
a dog in this way? No; it was because
Mr.. Darling had the case under his super {
vision and did not want any explanation. I
ATToRNEY-GENERAL TURNER,
replying on behalf of the State said:
GENTLEMEN-I am here on behalf of the ]
State to discharge my duty. You are here
% discharge your duty. l shall be brief ]
You cannot have prejudice; you cannot have :
but you can only do your duty. /
[ think from the facts that c. Mundinger's :
guilt is SO fully established that no man can :
ioubt it. The unerring hand of God has +
pointed him out in the house of )
Lowenstein q Bros. a thief, and +
when he is asked to explain he brings =
hat delapidated specimen of humanity +
here who stinks as he sits upon the !
witness stand (sigh not for mel Snuott Gen !;
lemen, can you believe one word he said? n
Does he not stink in your nostrils2 Did YOU !
lot notice his manner on the witness stand? .
Did he not speak a lie by his very manner a
more clearly than by words? Now as to the !
gentleman from Chicago, Mr. Pinkerton's de-
ective. They stand high and are absolutely 4
TO ferret out crime. Now, if he q
lad come here to lie could he not Just as h
,asily have made up lie on Mundinger as r
~ Sinnott, ami would il not have been bet T
er for the State? Certainly it would. No, s
gentlemen, he came here to ferret out crime, n
ind he did it. He discovered the great con- h
piracy between periured villains to =
AdASatC ~ NOW, W tue ! h
list. l run my eye down it and see the .
lame of a man who sits on that jury now. /
knew this when l took him, but did not .,
relieve that SinnotL could buy him. III q
lad he would not sit there to-day. When o
'innott was asked if he had not tried to get +,
II officer, or officers, to make up jury for \
dundinger he said that he believed he had II
My handed Mr.. Powell list on a little II
'iece of paper. We proved that he went TO n
ifferent officers and tried to get them 10 ~
ummon a list of jurors, and even went SO a
ar as to take juror TO the officer and ask h
i'm to summon him. Now il Mr.. Mum n
inger Is the lamb-like man he is claimed a
D be, why should he be perjuring witnesses al
nd men TO be jurors and trying TO hatch up b,
D flimsy defense. When that man Sim n,
oft is called up at the last day and his soul re-
ssps into the presence of his God, He will n,
end him straight to hell without ever ask Is
ng him question; his looks will be sufi- #
lent. And, gentlemen, his looks were M
nough for you, and you have sent him to a M
ell OF perjury already. Now, why did not A
Iundinger write the name of Mr. Sinnott on "
nat check instead of the name of a woman ri
tho did not buy anything. Mr.. Sinnott says: n