Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-03-13
FULL OF INTEREST.
TRIAL OF ROBERT N. FRESGER
NOW PROCEEDING IN STANTON.
ABLE ARGUMENTS or COUNSEL.
rhe Prisoner Begins to show signs
of the Mental strain-Lnwyers
Fighting over Every Point In
volved.
voived.

sTAUNTON, VA, March 12.-(Spe-
cial)-This was the fifth day Of the trial
of young Robert n. Frenger, charged
with the killing of Edward "A. Merritt
at midnight of the 18th of December.
The city and county people by their
presence show increasing interest at
each opening Of the courthouse, which
Is packed, and has standng-room only.
Already a terrific strain has written It's
ravages on the face of the prisoner. His
pain is doubly increased by the fact that
his bride of a year Is absent from his
side at home sick, their first child having
been born on the opening day of the
trial.
The trial opened with the Common
wealth's rebuttal evidence. Assistant
Prosecutor Edward S. Kerr called TO the
stand the accused himself, whom yester-
day he had pricked as with pointed ques-
lions. Frenger said that he noticed
dim light in the dining-rocm as he APP
preached his tenants house, saw the
light moving along, but did not know
whether it was a man or what 1t was.
He did not answer Mr.. Ker's interroga-
tory: when you got to the point where
you shot did you see a man moving quick
" or slowly?" But he shortly added, II
did not say anything, but pulled up my
gun and shot"
AS the testimony of Hutchins, Thomp-
son, and Connors, that the prisoner had
said to Thompson, that he heard after
his first shot, the exclamation, "Oh, my
God" He acknowledged that he did
say that he had heard an oh" and
might have said he heard sometk4lg
else, but did not remember saying 10
Mr.. Thompson. 81 saw him fall" He
added he might or might not have said
1t. The defence having introduced tes-
timony to show that the accused was
a peaceful, quiet man, Prosecutor ker
essayed to show that Frenger once shot
a woman-Margaret Diggs. This the
Court overruled. and Frenger went off
the stand. ehe Commonwealth con-
cluded all the evidence in the case after
three witnesses-Vines, Supple, ana
Larew-had testified as to difficulty oc-
curing eighteen months prior to the
tragedy, wherein threats were alleged to
have been made by Frenger against Mer-
rift The defence moved the Court TO
strike this testimony from the record.
on the ground of the remoteness or
the occurrence. and the fact that 1t was
not concIusively proven that Frenger
knew it was Merritt when he fired the
shot. This question caused a hot de-
bate, participated in by Messrs. Crosier
and Bumgardner for the defence and
Messrs. Ker and White for the State.
The Court finally excluded the above tes-
timony. l.
AN EYEWITNESS.
80. m tho al
legged entrance into the tenant house by
Merritt, had been summoned for the
State before the Coroner's jury. She
had said that she told in the hearing
of the accused before he got his gun that
Ed Merritt was in the Clubhouse. rms
witness has been wavering in her state
ments since that time, and the Com
monwealth was unwilling to make her
it's witness as 1t would be found by her
testimony given to-day. They there
fore asked the Court to put her on the
stand, with the privilege of cross-exami-
nation to both sides. This the Court
refused to do. unless the jury asked it.
She was not required to testify. Eight
instructions to the jury were given. three
for the prosecution and five for Frenger,
Ali were agreed on by the counsel. These
instructions are generally regarded as
fair and partial to neither side. Mr..
Ker opened the case for the Common
wealth, and made strong presentation
against Frenger in a two hour and
quarter speech. He did not ask for a
verdict of murder in the first degree,
but pressed the point of murder In the
second degree. He commented upon the
evidence of Nellie Frenger, the little Sis
ter of the accused, which was to the ef-
feet that the prisoner was informed be-
fore going to the tenants house that the
intruder there was Ed. Merritt. Refer
ring to the four shots fired after Frenger
had looked into and felt the face or the
dead victim, Mr.. Ker exclaimed, Those
four shots were fired TO sound in the
ears of his country, and were fired to
scare away justice, and not robbers"
Mr.. Ker also spoke of the fact that two
gun-wads penetrated Merritt's overcoat
and one his under-coat. This he men
toned as disproving the prisoners claim
that he could not recognize his victim.
and that he was 81 IL feet Off.
The Court adjourned over to Monday
for further argument. Monday after
noon the jury will probably take the
case.