Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-05-25
Morning Session.

Morning Session.
Quite an important legal discussion took
place in the morning before the testimony
was resumed. The jury was discharged tenn
porarily, and the argument made in their
absence, 50 that they might in no way be in
huenced by the views of the atternevs The
discussion arose out of the question of an
election of the counts. The prosecution
claimed that all the transactions should be
punched together, because each transaction
was a petty offense, and all of them together
showed a regular system of embe zzement,
which was an index to the nature of the
offense. General Wright, who argued the
point for the prosecution, claimed that all
the offenses should be brought cut together,
80 as to make a complete case. SIT would
be as reasonable" said he, "to Judge fine
picture by cutting it up into minute pieces
and examining them separately as to look at
this case from Its separate counts" Gener al
Wright said that the jury being absent he could
speak more freely. He expected to estab-
lish several cases as fully and completely as
that in which Mrs. Mary Warner was a par
ticipant. The general quoted great num-
Der Of authorities; and he also said that it
wsuld be precludiDg the prosecution from
introducing important evidence necessary to
the completeness OF the case.
VIEWS OF THE DEFENSE.
Colonel Gsntt's argument voiced the senti.
ment of the defense. He claimed that the
defendant ought in justice to be tried for
only one distinct offense at time, and the
influence of one case should not be intro
duced to poison another. He claimed that
to group the cases would be to destroy the
siRgleness and clearness of the trial, and
would lead to endless confusion. The de-
PENDANT was able to meet every one of the
distinct offenses and expected to overcome
them, but TO meet them all at once would
cause great embarrassment. He quoted sew
eral decisions and authorities to show that
where the offenses were of a kindred nature
they might be grouped, but these were sepa-
rate and distinct offenses. He asked his
honor to use his authority and control the
course of the case, and confine the prosecution
to one offense at time.
Mr.. Lehman contenaed briefly that where
the indictments were of such a character that
it was not Incompatible TO join them they
might be Joined.
JUDGE HoRRIGAN's DECISION.
Judge Horrigan decided that only one
offense should be tried before the present jury,
and that when the Mary Warner case was
for the next case.
This discussion involved, in short, the
question az to whether the prosecution could
tell everything it knew. Its decision was of
M aterial interest to each party. A decision
that the prosecution should be forced to elect
would, of course, be a slight victory for the
defendant, and contrary decision would be
of material service to the prosecution, as not
depriving them of any of the weapons with
which they felt themselves armed.
THE CASE RESUMED.
The jury were then brought back and
Mr.. W. w. Shouse was recalled to the wit
ness stand. He explained in detail the sys-
tenn of checks prevailing in the Lowenstein
store. He explained Mundinger's duties
and system of work. He saw Mundinger
pocket the money, which he thought was a
silver dollar. He was watching Mr.. Mum
dinger intently. because his attention was
called to it. When he saw his man pocket
the money he told the cashier to hold that
check, and he went Immediately after Mrs.
Warner. Mr.. MundiDger was arrested the
next day; witness met him Immediately
after he was arrested and had a converse
ton with him. Mundinger said: 81 want
to see you, Mr.. Shousen Witness went with
him. Mundinger said: "What does all this
mean, Mr.. Shouse?" at means that you
have been caught robbing your employers"
said Shouse, "after all they have been doing
for you. l have been helping you all |
could, and had the most unbounded conf
dence in you, and you have hurt
me more than B. Lowenstein & Bros"
He listened and said: "What would you do?"
Witness told him to go up stairs and confess
all to his employers, and turn over to them
all he had gotten from them. He said: 'Do
you think they will dismiss the magistrates
suit?" He asked witness to intercede with
his employers for him Shouse promised,
and went up stairs after Mr.. Elias Lowen-
stein, who was not in at the time, and SO
Jailed to get at a confession which he thought
would have made
LIVELY CROSS FIRE.
On cross-examination, Mr.. Shouse said he
had not tried to get Mundinger to confess.
He did not cay to Mrs. Doyle a day or two
afterward that he did not know why Mum
finger was arrested, and he did not tell any
body that he wanted to get confession from
He was examined at length on |
he credit system and said that whenever
mistake was made by a salesman he (Shouse) |
1r subordinate, went to him and asked him |
o explain. He did not AJAX Mundinger to |
explain. He never told Mundinger that he |
lad laid a trap to catch him. Occasionally |
check was lost, but for several years he |
,nly knew of three checks that had been |
ost. The haberdsshers counter had three |
,r four clerks, and sometimes there were 50
many customers present that these clerks |
we're insufficient 10 wait upon them. The |
variety of goods sold there was almost in |
,e apt to get confused and make out the |
wrong check, because he would only have to |
Wait on one person at time. Occasionally |
Ar. MundiDger would go to this counter to /
lelp the clerks out. The wire upon which |
he checks were put was near window, and |
hey could be blown of possibly and lost,
,ut it didn't occur. Whenever a check was
ost, if 'dissector," as he was called, could |
lot find il, Shouse was called in as head |
'dissector." If man had a spite against |
mother in the store, he might go and take |
If his check from the wire and thus embar- |
ass him, but witness knew Of no instance in
which this had been done. When goods !
we're returned by a customer they we're placed |
'ack in their proper department.
ROUGH on MR.. TAYLOR.
Colonel Gartt-The system is pretty COM
dictated, isn't il?
Mr.. Shouse-Not 50 very. 1t doesnit take 1
man long to learn his duties.
Colonel Gantt-But the whole thing Is
.ather intricate?
Mr. Shouse-A little complicated, perhaps. |
Colonel Gantt-For instance, a man who |