Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-05-24
MUNDINGER'S CASE.
The Beginning of an Interesting Trial
in the Criminal Court Yesterday
Morning.
The Defendant on Hand Cool and Col
lected-The Array of Legal
Talent.

The announcement that the Mundipger
case would be taken up in the Criminal
Court yesterday morning attracted large
crowd of respectable people and considera-
bic sprinkling Of The great unwashed." The
case Is one that is not devoid OF sentiment
and interest to the people; and there is some
thing peculiarly cad In this trial of a man,
which will take away his good name, or re-
store it as untarnished az before. 1t is hard
for the ordinary man to forget the sentimen-
tai side of the case. The public generally
hope that Mr.. Mundinger will establish his
innocence clearly. but if he is guilty beyond
doubt the public voice agrees that his pun
ishment should be severe. The case is a
perplexing one, and it will be
FOUGHT CLOSELY
and resolutely through all the doubts to an
end. The prosecution will be conducted by
General Luke Wright and Mr.. Lehman and
the attorney general of the court. Although
these three are formidable, they are con-
fronted by equally as dextrous an array of
adversaries. Mr.. Mundinger's lawyers are
Mr.. T. B. EdgingtoD, Colonel George CAN'T,
and Messrs. Taylor aud Carroll. They will
SIGHT the case from "eend to eend," and of
course it is impossible to forecast the result
The court did not get into the choice of
jury until after 10 o'clock. At that time
the courtroom was crowded closely it
phorically had the sign standing room only"
put up, or, in other words, had the crowd
kept out. The lawyers were all in their
places, and the defendant occupied his seat
among his counsel. His face was very pale
and somewhat troubled, but his pluck and
grit were noticeable. During the testimony
of Mr.. Lowenstein he looked him fearlessly
in the face. Frequently during the afternoon
he took notes of certain statements, and
fano brio nh h.
considered point in his favor. At some
of Col. Gsntt's quaint humor, he laughed as
heartily auy boy. Evidently he takes a
keen interestin all the details of mis- case,
and he will be useful client TO his lawyers.
THE JURY.
Nearly all The morning was consumed in
the selection of a jury. The following gen.
tlemen were finally selected:
J. NJ. Minor, 4. J; Tucker,
q. A. Burr, t. b. billiard,
V. B. Thayer, o. W. Jones,
G. D, Barnes s1ne:, II w 7; Pickett Pickett
W. E. Newell W. E. Miller.
The court adjourned after the selection of
the Jury until o'clock. When the case was
resumed the question broached by
Judge Horrigan as to whether the defendant
would elect to be tried by any one case first,
or on all the indictments. A legal dispute
arose, which will be decided by the court
this morning, and the lawyers agreed to con-
fine themselves to one of the cases against
Mr.. MundiDger. Testimony was accordingly
adduced to prove that the defendant had
embezzled 81, which he had obtained from
Mrs. Mary Warner as part of the money paid
by her for goods.
THE oNE-DoLLAR CASE
The first witness examined was Mr.. Elias
Lowenstein. He testified to having been a
merchant here for many years. His brother,
II -. Ii Z
time in New York-some times, however, in
Memphis. Mr.. Lowenstein testified to many
facts already publishes, such as Mundinger's
connection with the firm, when it began, the
number of employees of the firm, the extent
of their business, the amount OF stock on
hand now and during the yellow fever cpl
demic. OF the charges made against Mum
dinger he had no personal knowledge, as he
was not in an opportuni to see what was
going on. The direct examination of Mr..
Lowenstein was conducted by General
Wright, chiefly to show the custom prevail
ing in the store regarding the purchasing of
goods, the collection of money, and the cash
system. Colonel CAN'T conducted the cross
examination.
Mrs. Mary Warner was the next witness
put upon the stand. She testified that on
the day specified in the Indictment she had
bought 81 IS worth of goods from the Low
ensleins and that she had given Mundin-
ger $40 bill and he had returned her IS So,
the proper change. She stated that she did
not return any of the goods she had pur-
chasel, and had not had 81 given back to
her.
THE FLooR-MANAGER.
Mr.. VIM. w. Shouse, floor manager at B.
Lowsnstein's, was partially examined. He
testified to having seen Mundinger waiting
on Mrs. Warner in person. He saw Mum
dinger take Mrs. Warmers money to the
cashier and get the change, part of which he
saw him place in his pocket and the other
he gave to the lady. He called on the lady
to find out if she had got her correct change.
She told him that she had, and he found on
the check or tab given the cashier by Mum
dinger that she was credited with having re-
turned one dollars worth of buttons, which
10 him she denied returning. He explained
the case as 1t has already been explained in
these columns. His examination will be re-
sumed to-day.