The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1917-03-20
m. +. 4. W|NCERTER TEST|F|ES
He BELIEVES NOLTE IS SANE
SLAYER OF LEE RITZ APPRECi-
ATEO NATURE OF DEED
HE DECLARES.
Murder Case Cannot Go to Jury Be-
fore Late Wedrcsday-Ble
Law Point Arises

Easing his opinion upon the aSSump-
! ton that the facts set out IN a nypo'
! thclical question pr0pOunded 10 alien
| ISIS for the defense, upon the teSll,
| mnny that developed yesterday ana
| uron his observation Of the defendant
! in court for three days and his d.
meanor upon the witness stand. DR.,
| Charles Wingerler, Of this city, men
| tai expert, declared that in his opinion
Jack Nolte Is sane man now ana
that he was sane on the night OF De
cember ,. when he shot and killed
Lee Ritz at Main and Ninth streets
then attempted 10 take his own lie
Further than that. DIT. 'Wlngerter e&'
pressed the positive opinion tnaI
! NolIo Is and was then able 10 dis
tinguish between right and wrong
that the accused appreciated the con,
SEQUENCES Of his act; that he knew IL
was harmful TO Lee Ritz and that he
had the power OF intellect 10 realize
that he deserved to be punished for
his deed.
How would YOU classify the de-
PENDANT. DOCTOR" prosecuting Attor'
ncv d. 4. Mckee asked the physician,
Il would classify him As sane man
with natural desires but an abnormal
Tendency"
Not a Moral lmbecile.
From YOUR observation OF Nolte
land the facts established in this case
ms you have heard them. does JACK
! Nolte come under the class OF NOR
ons?"
He certainly does moi"
| do you class him as moral imoe'
cile?"
Il do not. have seen no evidence
Of that in him"
At one point in his testimony. Or
Wincerter declared that he regarded
Nolte Just as responsible for his deed
as he would woman who killed her
husband because Of jealousy.
4 severe cross-eXamination by Al
torney Frank O'Brien failed to snake
DR. Wingerters testimony that NoIf
lis sane. although notifications OF MS
opinions with respect 10 cerlaln Iea'
lures OF the case were secured ny lhe
defense.
What Of Eoltrs attempt nj suicide:
the doctor VAS asked. ,,,,,.
| That is 40 Indication OF iaShhit'
| although l really don't believe .thaI 4
man who fully believes III nn"lnHr
world after death would XIII himself.
This voluntary statement OF ". III,
Flew or the statement made Yesterday a.,
| by Coach Brooks OF wheeling. HiSh
school, that Nolre had told him he
didn't hel"yn in, much ot religion
| weighed IN Consequences.
Outlining his theory Of The vents t,,t'
rha; passed AZ Nolrc and iiilz came
from Martins Ferry 10 Wh%1linG' nr,
Wlngertcr declared his belief ihat
| Noltc did not Kill Ritz either on we
| bridge or at the iron fence al First
/ street because he still hoped that Ritz
would rclent his decision not Ia put OF
their separation longer. AS INC S''h''
| Of the killing was reached. l'r. lhEeT-
ter said: ,,.;,,
was up. Coming down tho street he
| had weighed the consequences and Inc
matter of punishment and decided ma,
by putting himself away tn% ne "%a ,h
! escape that. He chose death anu n"tn
rather than life and alone.
! When court recnnvenrS this morning
| Judge Alan II. Robinson viii near arg.
| mcnts and pass upon a matter or law
! touching the right OF the State TO al :
tack Notes reputation for truth am!
! ceracity since tho story ar IN" "F"h'H
Of tn. fatal evening rs they might he
expected from Eitz's lips IS sealed .!
death.
| Gated last night that all Of today VIII
! Ire required to complete he states t"S.
| timouy in rehuital--posSth!% longer y
| REORGANIZATION OF III" states alien
lists. fnnr Of whom remain TO i'Sti!E
after The crosS-cXaminatinn OF VIZ,
! Wingcrtcr is completed This morning
! School Mates Testify.
| School males of Ice i;iiH who w"rc
| acruuintanccs of lack Nolt" were among
| thu witnesses who went Oh til" witness
! stand for tn" stat" in r"hutthi HrSi"r-
| day afternoon and testified 'hat thrE
! never observed anything about Tho de-
! fauhant 10 indicate" Ia .lhcm :hat h" was
| insane or not Il normal man. Among
| these wore Gerald Iuif"i. IarliSl" y.