The times. [volume] (Richmond, Va.) 1890-1903, 1898-03-13
THE STAUNT0N
MURDER TRIAL.
Robert N, Frenger to Answer for the
Killing Of Edward Merit.
PRISONER FATHER OF A DAY.
r~.,.cr Again Placed on the stand
and Tells His own story--rhe in-
~s,ructlons Were Given and Ar
gumcnt ofP%rosccn'ion Begun

sTAI-NTON. VA. March Especial
rn,s was the nth day Of the trial OF
yonne Robert y. Frcngcr. charged win
IN kilune of Edward A. Merritt at mo
rish, of the 10Th Of December. The city
and county people by their presence sho"
Increasing interest al each opening OF
the courthouse. which is packed until
there is standing room only.
STRAIN ON THE PRISONER
Already a terrific strain Is Wrluhs us
rayages on the face OF the prisoner MS
pain Is dOubly increased by the Iact MAJ
tis bride OF a year is absent from his
SIDE ~ home sick. their first child having
been born on the opening day OF the
trial.
The trial opened with the Common
uealtb's rebuttal evidence. Assistant
prosecutor Richard S. Ker called 70 the
stand the accused himself, whom yester-
day he had pricked with pointed ques-
tions.
Frengcr said that he saw a dim light IN
the dining room as he approached MS
tenants house. saw the light moving
along. but did not know whether II was
a man or what 10 was. but he did not
answer Mr.. Ker's interrogatory When
YOU got 10 the point where you shot ala
YOU sec "a lAAM AAN tHH 'Ar'NH1f
lyg" But shortly added. II did not say
ANYTHING: pulled up my gun and shot.
AS TO the testimony of Hutchins.
Thompson and ConnOrs the prisoner had
said 10 Thompson that me heard after MS
first shot "Oh. my God he a~cknowledg-
ed that ne did say that he had heard an
oh" and might have said he heard
something else. but did not remember
saying to Mr.. Thompson: Il saw him
fall hut added ne might or might not
have said 1t.
HIS CHARACTER.
The defense having introduced testi-
mony 10 show that the accused was a
peaceful. quiet man. Prosecutor Ker es-
sayed to show that Frenger once shot a
Margaret Digs. This the court
overruled and Frenger went of the
stand.
The Commonwealth here concluded all
the evidence in the case three witnesses.
Vines, Supple and Larew having testified
20 a difficulty occurring eighteen months
prior to the tragedy wherein threats were
alleged TO have been made by Frengcr
against Merritt.
TESTIMONY EXCLUDED.
The defence moved the court TO strike
this testimony from the record on the
ground Of the remoteness OF the occur
renee and the fact that IT was not con-
clusively proven that Frenger knew it
was Merritt when he fired the shot. This
question caused a hot debate participated
in by Messrs. Crosier and Bumgardner
for the defence and Messrs. ker and
White for the State.
The court finally excluded the above
testimony.
a WANERING WITNESS.
Mamie clay. an eye witness 10 tho al
legged entrance into the tenant house by
Merritt had been summoned fer the
State. Before the corOner's jury she had
said that she told i'm the hearing Of the
accused before he got his gun that Ed.
Merritt was I'm the clubhouse.
This witness since that time wavering
in her statements. the Commonwealth
was unwilling 10 make her its witness.
as tttey would be bound 10y her testimony
given to-day. They therefore asked the
court to put her on the stand with the
privilege of cross eXaminatiOn TO both
sides. This the court refused TO do unless
the jury asked II. She was not required
TO testify.
THE INSTRUCTIONS.
Eight Instructions 10 the jury were
given. three for the prosecution and five
for Frenger, all agreed on by counsel.
These instructions are generally regard
cd as fair and favor neither side.
Mr.. ker opened the case for the Com
monwealth and made a strong presenta-
tion against Frenger In a two hour and
a quarter speech. lie did not ask for a
verdict Of murder I'm the first degree. but
pressed the point of murder In the sec
ond degree.
NELLIE FRENGER.
He commented upon the evidence Of
Nellie Frenger. the little sister OF the
accused. TO the effect that the prisoner
was informed before going 20 the ten
ants house that the intruder there was
Ed Merritt.
Referring 10 the four shots fred after
Frenger had looked into and felt the
face OF the dead victim. Mr.. Ker exclaim-
ed: '"Those four shots were fired TO
sound in the ears Of his country. and were
fred to scare away justice and not rob-
bers."
Mr.. Ker also spoke OF the fact that two
gun wads penetrated Merritt's overcoat
and one his under coat. as disproving the
prisoners claim that he could not recog-
nize his victim and that he was 81 1-2 feet
on.
CO art adjourned over TO Monday for
furt ler argument. Monday afternoon the
furX will nrohahlx faEa tho rogr