Evening star., 1944-06-21
Prosecutor Asks
Death Penalty
For Mergner
Defense Denies Charge
or Premeditotion;;
Jury Stage Necr
BY JOSEPH YOUNG.

G The Government in its closing
argument today asked the District
Court jury hearing the first-degree
murder trial of Fred C. Mergner to
send the 45-year- father of five
children to the electric chair for
tcommitting as cold-blooded and
f1endish a murder as ever occurred
In the District" The case was eX-
pected to 60 to the jury shortly
after the noon recess.
q First Assistant United States At
torney John w. Fihelly told the
jury Mergner had carefully planned
the Staying of his former house
keeper, Mrs. Charlotte Robinson, be-
cause she had "spurned his love-
and refused to marry him.
The defense would have you be-
lieve that drunkenness and insanity
are one and the same thing" de-
clared Mr.. Fihelly, referring to the
defense contention that Mergner
was of unsound mind when the slay-
Ing occurred because of excessive
drinking.
Eff that theory were true. all any
Individual would have to do after
committing a murder would be to
get drunk and they would be acquit-
ted. That would be a fine state of
affairs" Mr.. Fihelly said.
8 Defense Denies Fermentation.
H Answering Mr.. Fihelly's argument,
Defense Attorney John H. Burnett
said the defense did not contend
that drunkenness was an excuse to
commit murder.
1--we do contend, however, that the
defendant was too drunk to know
what he was doing and could not
have planned the murder as the in
dictment charges. In all justice you
cannot convict him of first degree
murder" Mr.. Burnett declared.
4 Mergner's actions Immediately pre-
ceding and following the shooting
of Mrs Robinson indicated he knew
the difference between right and
wrong and had premeditated the
Staying, DR.. Edgar D. Griffin. senior
medical officer at St. Elizaheth's
Hospital, testified earlier today.
DR.. Griffin appeared as Govern
;tnent rebuttal witness to fight the
lHefense contention that Mergner
Was too drunk to realize what he
was doing.
The alienist listed several reasons
why he thought the 45-year-old de-
fendant, father of five children, was
of sound mind at the time of the
Staying.
1T doesn't seem possible that a
man suffering from acute alcoholism
would be able to drive his car eight
miles to and from the scene of the
crime without a mishap," DR.. Crit
fin said.
Lifted Heavy Object.
IKThe defendants action in lifting |
h heavy manhole cover in an att
tempt to place the dying woman in
a sewer could not have been ac-
complished by an individual suffer-
ing from acute intoxication, DR..
Griffin declared.
"a person in that state usually
hasn't the strength to lift light OBJ
jects, let alone heavy ones" the
witness said.
The fact that Mergner told his
daughter to telephone Mrs. Robin
son shortly before the day of the
shooting and arrange date for him
is, an indication that Mergner pre-
Meditated the crime, DR.. Griffin as
setted.
Supporting the defendants testi-
mony that his mind was a blank"
at the time of the shooting because
Of excessive drinking. DR.. Antoine
Schneider, professor of neurology at
Georgetown University, yesterday
said it was possible that Mergner
suffered from temporary amnesia at
the time of the shooting.