Los Angeles herald., 1905-03-22
MERKEL LBLACKENS
HIS W|FE'S NAME
ATTEMPTS TO PROVE WOMAN
HAD BAD RECORD ~-
Insanity Is the Line Of Defense on
Which Attorneys Will Attempt
to Free Slayer Of Two
Women

Bowed by the weight of the allotted
three score and ten years, Ernest L:
c. Merkel, the gray haired old man
who Is on trial for the double murder
of his wife, Catherine Marie Merkel,
and Mrs. frankie Fox, took the stand
yesterday in his own behalf, and as a
defense to the crime with which he is
charged mallgned the character of his
wife and branded her as a woman with
a scarlet record.
He said he was married in Denver
several years ago, and later journeyed
to the Pacific coast, residing for
time in San Francisco with his wife.
The old man told the jury that his
wife had been unduly intimate with
other men, and charged that Carl Fox
and his wife had induced Mrs. Merkel
to lead a life of shame
The defense made its only point on
the theory of temporary insanity and,
in support of this contention, Merkel
told the court that when he was IL
years of age he had been bitten by a
dog and since his boyhood had suffered
Chief Hammel Testlfies
Chief of Police Hammel was called
to the stand to testify in connection
with the confession made by Merkel
on the night of the tragedy.
At the request of the defendants at
torney the confession, which was
transcribed by shorthand reporter,
was read as evidence in the defend
ants behalf
In his confession Merkel told the Of
ficers that he had gone to the Busy
Bee restaurant in disguise with the
avowed intention of ending the lives OF
the two women.
"She treated me very bad She
caused me to lose thousands of dol
lars, but am sorry that she is dead,
said Merkel in his confession; Il am
sorry she is dead. ! did not want that,
l only wanted to punish her"
In his statement to the chief of
police Merkel declared that Fox and
his wife had urged Mrs. Merkel to
open a house of i'll fame. which, he
declared, accounted for his rash deed.
He told the officers that his wifes
career had been a checkered one, but
he insisted that he had always de-
Tended her in the hour of trouble.
Witness for Defense ....
Joe Benkerd of SIS Slissa street, was
called I'M support of the theory of tenn
porary insanity advanced by the de-
Tense. He testified that several days
prior to the tragedy, Merkel was in an
excited state of mind.
Several other witnesses We're called
in this connection, but little headway
along these lines was made by the de-
fense.
In the testimony offered by Police
Office Dixon it appears that at the
time Merkel's arrest two revolvers
were taken from him.
Deputy District Attorney Fleming
opened the argument to the jury on be-
half of the prosecution. and in an ad-
dress lasting about one hour. he Bit
terly arraigned the defendant for his
crime.
Attorney Pryce, who is associated
with Attorney Hiatt in the defense,
objected to certain remarks made by
the prosecuting attorney.
1t was a signal for dramatic scene
and. turning to the attorney, Fleming
replied to the objections made, which
were subsequently overruled by the
court.
Attorney Hiatt, chief counsel for the
defendant, opened his argument late
yesterday afternoon. His argument
was made upon the foundation laid
in the trial by the introduction of evil
dence tending to prove temporary in
sanity.
The case will be given to the jury
today, and for the second time within
two weeks a man charged with dou-
BILE murder will know his fate.
nEhAnhEI Ina aAIA-~