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

1
see any mud or tracks on GU tside or insid
of windows. nor on floor of sitting room.
On Friday morning when the court com
menced, Mr.. A. Ii. Towberman was pu
on the state to correct statement.
j. L. Bumgardner and VIM. Mechanic
were put upon the stand as expert witnesses
with shot guns, and the scattering of sho
at certain distances. Mr.. Bumgardner said
he had at yards 81 feet shot hole through
an inch pine board.
l Mrs. J. A. Frenger. mother of the accused
was then called, and testified substantiate
ly as follows: that the accused returned
from Staunton at about - o'clock on the
night of the tragedy, and that the accused
was at his supper and the other members OF
the family at home were up. when they
heard screams, and in few moments Har.
riett Smith, the colored woman, who occu.
pied the tenant house on the place rushed
in with her three children. The woman and
her three children were in their night cloth.
es. and the woman seemed overcome with
terror, Harriet said some one had broken in.
to the house. Witness told her it was just
her imagination, but she said no. they were
in the room at middle door trying to break
1t down. and they said they would break il
down If it wasn't opened. The accused goi
his gun and started out. and witness got a
lantern and followed. Accused went on
ahead, and just as witness got to the grana-
ry near the tenant house she heard the re.
port of gun and saw the flash. Witness
did not see accused Immediately, but heard
something like grOans after the shot. Wit.
ness hurried up to where accused was, and
just as she reached him he fired second
time down through the yard, saying he
thought he heard the snap of pistol. Wit
ness asked him what he had done, and he
said he believed he had shot some one. Ac-
oused and witness then went into yard and
saw body there, and witness said to &C.
cused, 80 Bob, you have shot Walter Allen. -
Witness turned light of lantern on the body
and accused said: 81 believe it is Ed. Mer-
ritz" Witness stopped a moment and look
ed In at kitchen door, but accused said "iet
| US get away from here; our lives are in dam
ger" They then returned to the Frenger
| residence, and on the way back accused fired
four shots, one in the garden, one below the
stable and one in the orchard. Both of them
| feared they would be shot at any moment,
as there had been several robberies in the
| Aeighborhood short time before, and &C.
cused had spoken of a robbery at Engleman's
the night before the shooting. Witness
thought accused touched the face of dead
man when they looked at the body, and said
he believed it was Ed. Merritt; witness did
not know who 1t was. The moon was OBJ
scured by clouds, and hence the light of
Lantern was necessary. Accused and Mer-
rift were On friendly terms, and had worked
together on the country road about a year
ago.
The witness RodefeF, wao had previously
testified was called at this point and testified
thai when accused returned nome immedi-
ately after the shooting he said. 4 have
killed one OF them.
Moses johnson examined tbs premises and
saw marks on door of sitting loom about
inches from floor wh,ah looked Ike they
had been made by person kicking on Il.
Saw burnt matches on floor.
Nellie Frenger, 14year old sister OK the
accused, testified that she was at home on
night OF killing, and was waiting on her
brother, the accused who was at supper,
sometime after his return from Stanton,
when she heard cries, and in a few moments
Harriet Smith and her three children came
in, the mother greately excited and all Of
them much frightened. Harriet and her
daughter both said someone was breaking
into their house. The mother of the accus-
told the women tina. it was probably only
her imagination, but she said no, she heard
them kicking on the door and trying to
break it down. The woman did not say who
No ;;,S vas md mspsiSnsf 10 &c
cused got his gun and with his mother went
over towards the tenant house.. Witness did
not hear accused make any statement when
he came back.
S. H. Burnett said that accused and Mer-
rift had worked tog ether for him last May,
and had seemed to be on friendly terms.
j. A. Frenger. father Of the accused, testi-
fed that there was large quantity of corn,
wheat and farming implements in the build
ing near the tenant house. as we'll as num-
Der of horses and cattle on the premises, all
Of which belonged to him.
Robert N. Frenger. the accused. was then
placed on the witness stand He testified
that he did not know what the negro wo-
man Harriet Smith said when she came to
the Frenger residence on the night Of the
killing, but that some Of the members of
his household said someone was trying to
break into the tenant house, and he got his
gun and went up there. The moon was OBJ
scured by clouds, but when he approached
and fired. Did not know whether it was
man, or an animal of some sort. Did not
see it fall, but advanced to the point where
he had seen it, and his mother coming up
with lantern, he could see the body Of
man lying in the yard His mother said she
believed it was Walter Allen, but he said
the overcoat looked like that Of Merritt.
He did not, however. know it to be the body
of Ed. Merritt. He was greatly excited and
frightened. He told his mother that they
had better 60 back, that they were in dan
| ger Of their lives. In returning he fired [ our
shots. one across the yard, one below the
stable and two in orchard. He fired in Or
| der to brighten any persons in the vicinity.
as he thought he had heard pistol snap
| twice after firing the shot that killed the
deceased. Did not tell anyone after the
shooting that he thought it was Ed. Mer-
rift. He and Merritt were on friendly
terms.
| He was very nervous and i'll at ease on
the stand.
| Acquitted.
After argument by R. S. Ker for the Com
monwealth. and Capt. Jas. Bumgardner
and j. II. Crozier for the defense. the case
was on Monday afternoon given to the jury
who in thirty minutes returned verdict OF
not guilty, and Frenger was discharged
from custody.
|
| Sad Accident.
An accident which resulted in the death
n fy&lH IT. IS