Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1898-03-10
County Court.


On Monday the case of the Commonwealth
VS.. Jos. E. Smith for assault was called, il
was an appeal from magistrates decision
The jury rendered a verdict sustaining the
magistrate, and adding the cost of appeal.
| In the case of the Commonwealth VS.. A
F. Snead, or an appeal from Waynesboro
for selling hard cider. the jury rendered a
verdict sustaining the magistrate. The yer.
dict was fine of $40 and all costs.
The case of the Common wealth vs.. Robert
N. Frenger for the murder Of Edwin A,
Merritt on the night of December 16. 1897,
was begun. The prisoner was arraigned
and pleaded not guilty to the charge as laid
in the Indictment, after which tn
work Of empanelling jury was taken up.
After some little trouble the following gen.
tlemen were sworn in by the clerk of the
court as a jury to try the case Charles S.
Watson. l.. P. Daingerfeld, Willard F.
johnson, W. b. Ramsey. Davrd Baylor
| Cook, William II. Watts, Joseph HousemaD,
! T. j. Child, j. F. Parrish, Thomas Steele,
| W. h. a'Court and j. E. Gale.
| Richard S. Kel, who is assisting the pro-
secution stated the States case to the jury
after which Mr. e. S W. Barnes, for the
defense made a statement of the line of de
Tense. The jury was then placed in charge
of the sheriff. and they will be quartered at
| the Virginia Hotel.
| The prisoner is accompanied by his faith
| er, mother and two sisters.
On Wednesday yesterday the taking OF
| evidence began and the first witness was,
| DR. w. W Murray, whn tostli1i as to thu
cause of death. He said there We're about
| 60 shot in the side and chest and about 40 in
| the arm, and two gun wads were imbedded
in the clothing. Deceased could not have
| lived over one OF two minutes. Moon was
shining very brightly when he was there:
| Harriet Smith, the col0red woman at
whose house the killing took place was an
unwilling witness. and whilst she was a
states witness showed her sympathies to be
| with the defense. She was indefinite
and contradictory in her statements. 1t was
attempted to be shown by her that she told
| Frenger that Ed. Merritt was down there
at her house, but she would not so state She
said the man said he was E. Murray or some
| name she did not understand. She told OF
| the deceased having come to her house after
night and of her going up to Frenger's and
telling him there was man down there.
The most important witness was 5. L..
Hutchens, who with others went to the
scene soon after the killing. He detailed
| his journey. the location of the house and
grounds, who were with him, and the posi-
ton in which deceased was found. He said
Frenger told him he Shot the man running
aud did not know whether he was black or
white at the time he shot, and did not know
then who it was, that lie did not have the
gun to his shoulder. and it went off acct
dent tally, there was something said about
two shots being fired, but Frenger only ex-
planned one. Afterward Mrs. Frenger.
mother of the prisoner, came up to them
talking very loudly and said she didn't
know what to do. Witness told her to 60
in the house and lie down. She said she
couldn't lie down. She said Robert had
shot the man without moments warning,
and the worst was it was poor Ed. Merritt.
Witness asked her how she knew it was Ed.
Merritt, and she said that she and Robert
(the prisoner) had been up and lifted up
his head, and seen that it was Ed. Merritt.
This was in contradiction of Frenger's state
ment that he did not know who the man
was when he was talking to witness when
witness was on his way to the house some
time after the killing. At the time of going
to press Mr.. Hutchens was still on the
stand.
A large crowd was in the court room all
day yesterday, and much interest is mani
tested. The witnesses, who are numerous,
are all excluded.