Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1898-03-17
FRENt,ER TRIAL.

near Greenville occupied the entire atten
tion of the county court last week. WheI
we went to press, S. l.. Hutchins was on tn
stand, and his testimony was concluded tina
afternoon with others. We gave substan
tiately all of it last week.
/ The next witness was Emery Corners, WHIT
testified that he was at Thompson'S house
and was aroused at the same time Hutchins
was and accompanied the party consisting
of the accused and others to the Frengel
house. Accused was carrying double bar
relied shot gun from which he was told tt
and did removed the loads. When the par
ty reached the Frenger house the mother
| of accused came out and asked what
they must do, that Bob had killed poor Ed
Merritt She said she knew 1t was Ed. Mer
| rift because she had held the lantern and
Bobby raised his head and she saw his face
| Witness further testified that it was clear
cold night, and his testimony was on the
| line of and corroborative of that of the pre-
| ceding witness Hutchins.
R. NJ. Thompson was the next and he said
that he resided about a quarter of mile
from the homo of the accused; that on the
night of the killing the accused came to his
house about half-past one o'clock accom-
panied by one Rodifer, and said he had kill.
ed man. Rodifer then said Bob had killed
burglar and they wanted witness to 70
over there with them. Witness aroused
Hutchins and Corners and with others went
to the Frenger house and afterwards to the
tenant house where the body of Merritt was.
Witness confirms the statements of proceed
mother of the accused. and also what was
said by the accused himself as to the kill
ing. Witness further testified that he did
not at first recognize the body as that of Ed.
Merritt, but that the mem bers of the party
examined the body and said it was that of
Ed. Merritt. but witness did not know
whether accused heard these statements.
Reuben Moomaw was the next witness and
he testified that he was member Of the par
ty that went to the Frenger house and after
wards viewed the body of deceased on the
night of the killing. He was aroused about
twenty minutes past one. 1t was not very
light, and there we're clouds blowing. Wit
ness testihsd that Mrs. Frenger said she
thought the man killed was Walter Allen.
Witness also testified that there were two
lanterns In the party when they went to
view the body Otherwise there is nothing
in witnesses testimony not covered by that
Of other witnesses.
Mrs. A1marOde was the next called and
she testified that her home is near the upper
Frenger place where Merritt was killed;
that on the night in question she heard sew
en- shots from the direction Of the tenant
house on said place; that after the third
shot she arose and went to her window and
heard mans groans and woman's screams
which continued until after she had heard
seven shots fired. Witness also testified
that it was right moonlight night and OBJ
jects could be distinguished at some dis
lance.
Her husband, S. II. Almarode was next
called and his evidence was in confederation
of his wife's
Frank Hays was the next witness and he
testified that between twelve and one o'clock
on the night Of the killing of Merritt he had
been aroused by the barking of dogs, and
while lying awake in his room heard two
shots fired from the direction of the Frenger
tenant house. He went to the window, and
it being very clear moonlight night he eX-
amined his watch by the light of the moon
and finding it was not quite one o'clock re-
tired again.
NJ. 6. Kerr, the constable of Riverheads
district, testified that at about 4 O'Clock on
the morning of tragedy he went to the place
where the body of Merritt lay. His testi-
mony as to the position of the same is COW
cred by that of previous witnesses. He also
identified the clothing of the deceased, and
conar%s Cd me- arrsment d pr Muz.syss ash
to the places where the shot and wadding
had penetrated the clothing.
Thursday M. e. Kerr was recalled as to
and broken lamp.
j. s. Cal1ison was member of coronor's
jury, and gave testimony as to distances.
Taswell Bumgardner saw DR.. examine
body, saw wads in clothing, saw no weapon
on deceased. saw broken glass of lamp
R. F Larew said night was bright one,
when they first saw the body several of
them differed as to who it was, s. L. Hutch
ems and Ed. BumgardneI, two persons with
him, recognized it as the body Of Merritt.
and Ed. Bumgardner fell into a swoon as
soon as he did recognize it. Witness cor
other witnesses in most material
points.
Edward Bumgardner testified that he
recognized the body as that of Merritt at
once. several persons were with him, moon
was shining brightly.
K. F. Larew, Jr., had heard accused and
deceased quarrel in May. 1896, in the cellar
of Jack Harris in GreenviIle, and accused
told Merritt that I'll settle this matter
with you some other time" Witness heard
that the cause of quarrel was that accused
had driven his dog cart over Merritt in an
alley in Greenville. Both were drinking
at the time.
Eugene Vines testified as to the same
facts.
Howard Supple testified as to same facts.
The defense began on the question of
character, and M. e. Kerr, Fl. q. Palmer,
VIM. Taliaferro, DR.. 1. W. Gilkeson, Alex
ander, Gibson, John HUMPHREYS, W. II.
Shields and Col. II. j. Williams, testified
that so far as their knowledge extended the
accused had always borne the reputation
of being peaceable and law abiding clti-
zen.
Harry Rodeffer testified that he was stay
ing at the house of the accused on the night
of the killing. That he was aroused about
/ o'clock by a commotion in the house, and
the little sister of the accused came to his
door and asked him to come down. Met
Bob Frenger at the bottom of the steps with
his gun in his hands. There were two col
ored women there with their children. Had
heard one or two shots before coming down
stairs. Bob and the witness went out to
| notify the neighbors. Went to Tom Aliens
and he wouldn't go; then went to Thomp
sons and he, Corners, Hutchins and Moo
nav went with them. Went by the Frengel
house; witness had no conversation witt