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

various underhana methods Is there any
| evidence Of such here? Mr. Iowenstein
| states that he promoted bundinger at Shouse's
| earaest request. At first Mr. Lowenstein
I objected on the ground that Mundinger was
| useful salesman because he smoke GeTman
Shouse said ne was an excellent salesman,
and ought to be assistant foor-manager
Now, ought that not to be defense to the
charge of conspiracy Theyssay it was
| breach OF friendship on Shouse,s part for him
| to have his friend arrested. / saE it would
have been gress outrage to DO that without
| giving him a chance, if it we're the only
transaction. They say it was the only trans
action. But was it? They are treading on
/ dangerous ground. Yet we offered to show
\ other transactions, and they objected.
| ask you If there Is anything in Shouses
demearor TO show a conspiracy, and if he
| acted precipitately and unfriendly? Every
/ witness stated that he was watching Num-
| dinger. Why? We wanted to show, but
the testimony was barred. Is it fair, then,
that he should be charged with conspiracy
when we had no chance to show their rea-
cons for it. They say that Shouse was very
| bitter in his conversation with Mundinger.
Let us see. Here the speaker quoted from
Shouse's testimony Now how was Shouse
| wronged by MundiDger? Simply thus:
| Shouse had been friend of his, and had
stood as his godfather, so to speak, in the
house, and he had a right to complain OF
this treachery. Is it seriously to be argued
that where a man has been systematically
| pilfering from firm it IL the duty of fell
! low-employe to conceal it? If 1T is, confess
/ don't understand the meaning OF friend
ship. Shouse had right TO feel outraged.
| Gentlemen of the jury, what would you
have done had you been in Mum
dinger's place and an innocent man?
What would you have done? Here's
IL Al.
| head conspirator and told he was a thief.
| What would you have done under such cir
! cumstances? What would any man of honor
| have done? The fret impulse would be TO
| say: at is an infamous lie; where are my
| accusers?" But he says: "What would you
! advise me to do about it?" Shouse says:
Make restitution and confess ALL" There
was nothing Of breach of friendship in
| that. Was not that the only thing a guilty
m an could do, If he were contrite? Would he,
if innocent, not have said: "G on mistake my
intention, sir, entirely? But he does say;
cede for meF" Is that the christian gentle
man, incapable OF wrong? A christian
is a man who holds his head up, and
if necessary he will face a hostile
world in arms. There was not a
confession from Mundinger in words; but
there was a negative admission stronger than
words. Such conduct was totally inconsis-
stand very readily why they hurl their en-
venomed darts at Shouse, and why they must
go outside of the record. Shouse must be
destroyed-not Mundinger, but Shouse
Shouse is to be the guilty wretch masquerad-
ing before the community as a christian gen.
tleman. They are continually saying that
Mundinger is a christian gentleman. While
/ have not heard anything like that in the
record, they have said good deal about it
and his social standing. If he is a christian
gentleman, no one sympathizes with him
more than |; but no man has more
contempt than 1 Tor man who
steals the livery of heaven to serve
the devil with. In the olden time, when
a man pursued by the officers of the law for
crime, there was a superstition that allowed
him to flee to a church, and laying his |
hands on the altar sbsolve himself from his !
guilt. In the law, there were cities of re-
fuge for criminals. But that time had |
passed. 1t will not do in this nineteenth |
century to throw your arms around the |
sacred altar of the church for protection. Do |
not invoke that aid. Let me for brief mo-
ment call your attention to the testimony of |
Mrs. Rogers. 1t is maintained that this
transaction will explain the other. Mrs
Rogers may have returned the buttons and
got her dollar, and yet it might not have |
been credited on the Warner transaction
There is no witness to it whatever. He
might have received other goods and said he
took the dollar for them. Let us look into
the consistency of her statement. Mundinger
called to see her in the latter part of April.
(The speaker detailed here the testimony
of the lady on this point) There are two
remarkable circumstances about this. Mum
dinger was arrested February 10TH She |
returned the buttons the day before. Do
you think it probable that, this being the
charge on which he was arrested, Mundinger
would have waited until the last of April to
find out what she knew The people were
agitated over the matter. His friends were
anxious, and 1 don't blame them. One
people were anxiously waiting for
a plausible answer. He was threatened with
infamy, and within his reach was help and
| don't complain OF counsel
the case as they saw fit; but the
point make, is would he have waited for
two or three months? Would not he have
for two months to let her memory
grow dim? Would not he have found
out whether she was in town? / ask
you twelve gentlemen TO put yourselves in
Mr.. Mundinger's shoes. Would you have
waited and risked her moving away, and
changing her residence? Again: Mr.. Mum
dinger knew of the transaction he was called
on to face. He called on Mrs. Rogers and
said: "Did you ever return any goods to
the LowensteinsW Wouldn't you have
said, Don't you remember, Madam, having
bought some buttons, etc?" Had he forgot
len the affair? The transaction ought to
have been fresh in his memory. He is on
fishing expedition, according to his own
showing. Mrs Rogers again says that
within a week of Mundinger's arrest she
bought the buttons; yet Mr.. Proudft,
Young man OF high character, tells you he
spent till IL o'clock last night examining
checks and books, and there was no
record of such a sale. won't
bore you with a repetition of the
check system. Mundinger would have
made out a check for a dollars worth
If buttons. The gentleman for the defense
made the point that probably check was |
ost but Mr.. Proudft finds the checks tally
With the books, and unless Mr.. Proudft is
dishonest that settles the case. The result is
ither that Mrs. Rogers didu't buy the but
ons, or that when she did Mundinger
,ocketed her dollar, one or the other The
onspirators could not have been gifted with
'rescience. They did not know that Mrs. }
Rogers would testify. The evidence against
dundinger derives its force from a large !
mount of cumulative testimony. He goes
ut OF his way TO sell goods, to act as cash
10Y, and then performs peculiar feat.
hen he makes false entry. Then Mrs. l
Rogers is contradicted by Clough, who knew !
er. Either he is mistaken or she is. 1t
light be said that he overlooked her, but
hese books and checks come in and sustain Q
Tough. / don't intend to criticise Mrs. 9
sogers's motive. 1t is unpleasant to begin !
n, and Improbable to end On. She may :
ave been mistaken. 1t may have been some !
Their day. If Proudfit and Clough are tell
lg the truth, she did not come in that day. L
low, gentlemen, great stress has been laid on
houses conversation with Mrs. Burke. L
house didn't remember it exactly as Mrs
urke does. He may be wrong, but if he is = :
onestly SO, it does not materially affect this =
ase. You heard him testify and saw his l
tanner. Mrs. Burke might have been mis- 2
ken. | can readily understand how lady Q
light become excited and get confused in !
after of this kind. There is one other y
Oint: Colonel Gantt's celebrated dollar
lex L take it for granted you can see &
trough the thinness OF that an argument. | =
olonel CAN'T was studiously trying to con-
eal the dollar. Mr.. Mundinger was not .
wing to do so, not thinking he was watched. :
suppose Colonel CAN'T had the dollar in his '
and. 1 don't suppose he took it out of his q
eeve. The colonel is very clever and his =
lex would have done credit TO Hermann. =
olonel CAN'T could show you many other :
that would amuse and divert .
ou. You must keep your eye on him. Not !,
lat he is at all bad. There is nothing in his =
lex, and he should make no capital out of .
with you. z
Colonel CAN'T here interpolated: 81 made =
lat capital out OF Colonel Edgington." I
General WRIGHT hone Colonel Ed uiuotn