Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-05-27
AFTERNOON SESSION.

At pm. court reassembled, and Colonel
CAN'T resumed his argument as follows:
How far do this firm go in their examina-
lions of the checks and cashiers book? They
limit their investigation from the 30th Of
January to the 9th of February? Who
| looked into the 9TH of February? Who
| looked back into the 10Th of January?
would not destroy a spaniel on such evidence.
| Who watched these papers yesterday, and
who watched them when Mr.. Proudit was
absent? The change of figure would have
| made the greatest difference in the world.
The magnificent store controlling all the
testimony, why didn't they present it? Was
there controlling, an evil spirit there?
What was ringing in the ears of Mr.. Lowen-
stein when he went down there? 1t was that
Mupdinger might go in there. Tell me that
there is drop in the blood of Elias Low
enstein that does not love the almighty dol
lar. come now to Mr.. Shouse. 1 don't
mean to say that he is bad man; but he is
an esger man, a jealous man, who would
jump up too soon. Mr.. Shouse was afraid
that Mr.. Mundinger would come in and
hang up his hat in there. He is naturally
on Mr.. Lowenstein's side, and so are
all the employees. l don't mean to say
that they are corrupt, but it is simply
human nature. We are Influenced by our
surroundings. Shouse said he saw Mundin-
ger steal. Mr.. Shouse was poisoned. | don't
regard him as a bad man. Somebody
poisoned him. Somebody put prejudice in
his heart. Some enemy said watch him."
Shouse saw Mundinger take the money and
divide it. He knew that he ought to give
Mundinger a chance to answer. The lowest
clerk had it. / do not say Mr.. Lowenstein
is bad man. He would have been harder
than the gold in his money bags, and colder
than his iron chest, if his heart had not gone
out in gratitude to this man. When the
yellow pest fell over the city Mundinger
staid here. Where was Shouse, where was
Darling, where was Clough? Why, if 1 had
been Mr.. Lowenstein, and had found out
anything against Mr.. MundiDger, 1 would
have taken him aside, and said: 'Here, old
fellow, is money TO get out of town WITH"
instead of prosecuting the man who stood
by me. When Mundinger was arrested, and
when he asked Shouse what he was accused
of, he rose over him and said: "You are
accused OF robbing your employers"
General Wright said a man who was inno-
cent would have bristled up at once and
is charged with thing of this kind, is it
natural for him to want to fight? He feels
stunned; he don't realize the situation. He
never thinks of fighting.
/ do not beg for my client. / claim the
benefit of good character. L claim the bene-
fit of liberty. / claim the benefit of justice.
l claim the benefit of doubt, which man,
noble man, has given to man. l have gone
over the facts in the short time allotted to
you to forgive me.
GENERAL TURNER
for the State made the concluding speech, the
substance of which is as follows:
You are not, gentlemen OF the jury, to be
guided by the clamors of the multitude, nor
the sophistry of the defendants counsel.
ho- he Of he lau
question for you to decide is, is he guilty of
crime? Is he a thief? l am not here as
part of a conspiracy. Whether his wife will
weep or rejoice over the verdict is matter
of no consequence to you. You have moth
ing to do with public sentiment. 1t makes
no difference if my imaginative friend, Col
onel CAN'T, my still more imaginative friend
Colonel Edgington, and my young and unso--
phisticated friend Mr.. Taylor, believe and
state to you that Mundinger is the victim OF a
conspiracy. Colonel CAN'T says he has
horror of the man VINO watches another. Our
Colonel CAN'T, who by the way, would make
the best exporter in the world, says he would
have taken Mundinger to the outskirts OF
town and have helped him get away; if he
did that he would be a felon by the law of
Tennessee, which says that any man who
conceals felony Is himself participant in
the crime. / allude to Colonel CAN'T more
especially, because he is regarded as the
mountaip howitzer OF the defense. The
colonel wants to know where is loser or
Towser, or whatever his name is. And they
charge US with spiriting him away. They cay
that when the funeral bells were tolling in
1873 Mundinger remained. / think that it
is an honorable thing for man to stay here
during the yellow-fever, but it don't prove
his honesty, and because Mundinger staid
and had charge of the house and turned II
over is no proof that he Is honest. propose
TO convict Mundinger out of his own
mouth Here is his statement taken down
in writing by shorthand reporter. Now,
when Mundinger handed up the check, he
must have thought of the Rogers transae-
ton, if there was any such transaction. His
counsel argue that it was more convenient
to credit it on the check of Mrs. Warner.
The check was handed in with the credit OF
Mrs. Rogers's buttons on it. But MundiDger
says it was an sfterihoughi, and that when
be was returning he resolved to keep the
dollar He sustains Shouse; he indorsss
Shouse. ShouEe states he pockeied the
money, and Mundinger proves It, do not