Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-06-09
MUNDINGER AGAIN.
The Case In Which He is Charged with
Taking Twelve Dollars Begun
Yesterday.
A Witness Who Saw Him Sell the Silk
and Then Pocket the
Money.

The second Mundinger case was begun
yesterday in the Criminal Court. 1t charges
| the defendant with the larceny and embezzle-
| ment of S12 IS from the firm of 2. Lowen-
stein & Bros. The same array of counsel
! employed in the first case have charge of
the second. The defendant goes into this
case with the flush Of victory on his side;
| but the prosecution, it Is said, did not play
! its strong card FIRST. The present case is OF
| really more importance to Mr.. Mundinger
than the first, because if he is acquitted there
| is every probability that all the other prose-
| cutions will be dropped but If he liz de-
clared guilty, it will counteract the victory
gained by him in the irst case. In the Mary
Warner case the defense was virtually con-
| spiracy on the part Of Messrs. Shouse, Darl-
ing, Klough, Proud6t and others. The
dramdtis PERSONA in this case 50 far are differ
ent, and a second conspiracy will most likely
be the defense of this case.
THE JURY.
A good crowd was present even at the
selection of the jury, and in the afternoon the
numbers swelled. All the forenoon was &C.
cupied in the selection OF eight members of
the Jury, and considerable portion of the
afternoon was taken up in the choice OF the
remaining four. The following are the jurors
in the case:
]. W. X. Browne. J. R. Christian,
W. n. Brown, r. a. sneed,
Martin Walt, W. ID. Dunn,
A j. White J. F. Johnson,
J. W. Newell, Thomas Cain,
J. J. Murphy, J. NJ. Sackett
Judge Horrigan instructed the sheriff to
get the best class of men, as the case was OF
such a nature as to demand it. The jury
looks like good one.
MR.. ELIAS LowENsTEIN.
The testimony in the case was begun about
8 80 o'clock with the introduction OF Mr..
Elias Lowenstein on the stand. He testified
mainly what he did in the previous case; re-
lated the extent and the details of his busi-
ness, and told the jury the duties OF the
various employees of his establishment. On
the cross-ex animation he said he didn't
know that Mr.. Mundinger was SO awfully
popular in his store, and he couldn't say but
that there were other employees equally, II
not more popular.
AN INTERESTING STORY.
The next witness introduced was Mr..
Charles NJ. Patton, who now has charge Of
the embroidery department at the store OF
the Lowenstein Bros. This witness said he
had been in their employ for several years,
and was in their employ September i, 1881.
At that time he witnessed a transaction In
which Mundinger figured. He saw Mum
dinger sell six yards OF silk to woman
whose name he didn't know. He was stand
ing at the end If his counter when Mum
dinger came through the center of the store
and walked up to the silk counter, where
Mr. Cross who had charge OF that depart |
ment, was busy. He saw Mundinger meas
ure off six yards Of silk and cut it off. The |
customer gave him the money, which witness
saw him place in his left hand. He passed
the cashiers desk and went on to the wrap
ping desk, put a piece OF paper around the
silk, and returning TO the customer gave her
the goods. Mundinger made no check OF
the goods, didn't stop at the cashiers desk,
or have any communication with him what |
ever. The witness saw him
POCKET THE MONEY.
He looked at the goods and saw that it was
marked 50 per yard. He made a memo |
randum of it at the time, by which he could |
Fl the date in his mind. He was certain of |
the date for this reason. He kept his eye on
Mundinger to see if he made out check,
and he didn't lose sight of him from the |
time he waited on the customer until he had |.
put the money in his pocket. He also saw
Mundinger sell spool of silk floss, marked
eighty.five cents, but didn't know what he |
sold it for This money he also put In his
pocket. When Mundinger went up to the
silk counter, witness had said to Cross, "check |
Katy" which was a catchword to draw
attention to Mundinger's transactions.
UNDER FIRE.
Ga the croes-ex animate the witness said |
he felt no enmIty toward Mr.. MunolnSer, SO
far as he was concerned. He was asked il |
he had not told Mr.. Coleman that Mundinger
had treated him badly, and he wanted TO get
even with him. He said he did not say this, |
but told him that Mundipger had tried to |
have him discharged, and he thought it was |
perfectly right for him to tell what he knew |
about it; he did not say anything vindlctive |
about Mundinger to Mr.. Merrill, nor did he !;
tell Mr.. Gerber that Mundinger was the |
WORST ENEMY HE had.
In answer to question OF Colonel CAN'T he
said his salary had been raised from $40 to |
500 since September 1st, but he had also
had an increase OF work. He was placed in
charge of the embroidery department. He
didn't say anything to Mundinger about what
he had seen him doing. He was asked if he
had not on one occasion gotten pair OF cuffs
from the store, and he admitted he had. He
had been called upon to explain it. He had
gotten one of the clerks TO make out A check
and had satisfactorily explained it through |
him.
At this point the Court adjourned until
o'clock this morning.