The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1920-11-17

Says WcitZel shot woman
- ,."", only three l"'Hi" IN the
...,.;,n,,,i." continued Mr.. Mckee. ,"y"u'
. Ms. B"i;a ana Tom Writz"'' p'd "'''-
r.. S:oo; h":..' ,.;.,oc..-
~ looks ;Iat way" was The witness ;
-oplr. tho ,c-
cuSed.
Yes"
FowIer'S testimony WAS in the main
; composed @: IN" story Of the CRIME. lie '
lated tha; ne Ind gone mt" tle room
whore Wr!;zHl and the woman were SIT
t!nG. IL alleges that upon ms eM nv ,.o%
Waited pulled gun and said: III 20"
cone IN I'll shoot you" ,. ,-
81 brat him 10 II on the draw. con-
t!nuIcd the Witness" and we each llred
three shots. did not shoot Lillian anu
| was hit twice in the LETT land.
Tho witness then stated that ne prone
open his gun while TWO cartridges re,
NAMED ana that Weitzel tncn followed
h IN nut OF the house. lie vas particu,
larry clear on one point. He insisted
that hc was the :jrst person 10 leave the
house.
You didn't tel this story. before re
that Wc!tzcl shot Mrs. Bcltz""' Mr.. Nc
kec asked the witness.
NO"
Not even down stairs the day you
were arrested and questioned about this
affair"
Il guess not"
why didn't you tell it then?'
Fowler fUUbied words for an answer
then turned his had IN frG saot t7e jury
You loved Mrs. Reltz, you say; you
wanted to marry her.:
yes"
"Yot you didn't tell us then that
We!tzcI sho; her. ,,S %ny man tb,n " t foq
the man who killed he should be brought
20 Justice for his deed?'
II certainly did. -.
"'rhen why didn't you toll US them
There was no response from the Wit
Answer that question. will you::'
thundcr"d the prosecutor.
II waited until the proper time 70
toll IT," came the answer from the Wit
ness.
And you thought that this was the
proper time"
Following Fowler's testimony the de-
f"nse rested and the state opened It's re-
buttal argument. d..
Chief Fred II. Frazier was the first
witness called and stated that n careful
search Of the house developed only rive
bullets. His testimony, like that or
others who followed him, was to eStao D.
. lish the falseness OF Fowler testimony
! concerning the number Of shots flred.
The chief stated that the police were
unable 10 find moro than five bullets.
four striking Mrs. Beltz and one hitting
NcitZcl TWO of those that struck the
woman vera deflcctcd and imoedded
themselves IN the wall. he said.
Chief Frazier also stated tnat row
lrr's gun had been discharged f!vo times;
lie testified too that the accused had
refused to talk concerning the crime at
any time after his arrest.
Dr. {. W. Ulfert was recalled on the
rebut,al to testify co1cern mig t he
said he did not believe were inflicted
by bullets. When asked to state why
he said:
a bullet never leaves ragged or
curved wound. The wound IN ROVER :
hand was. when l examined IT IN the
! CIV iaiI. shortly after his arrest, long
tagged slit in the flesh such as might
M produced by nall. IL was never
caused by bullet.
Attorney Ri:z objected strcnuously 70
admitting Or. Clferts testimony on INC
grounds that the county physician is
not an eXpert upon such questions. \
motion to exclude. WAS, however, over
.u!rd by the court. and an exception
l,Ited by tho defense.
Horstmsn Refutss Fowler story.
Continuing It's attack upon the test!-
ln0ny submitted BY the accused the state
rccniieI Officer William Horstman.
who made the arrest. The officer was
asked concerning whom h. had seen
first, following the smoothing, Fp"4eI Va
; Weltzel. The witness was just as clear
on this point rs had heen tho accused
lie answered.: A.,
street holding his shoulder. met him
at the corner Of Twenty-th'rd and Mar
kct streets, where ] asked him what was
wrong. lie stated that he was shot and
whom I asked concerning the trouble ne
pninted TO Fowler, WHO then came mo
! View. and said: Here comes the man
shat shot me
when | questioned Fowler he tod
me that there was nothing wrong. got
the gun St!ll warm and smoking troEl
his rocket. saw no evidence OF gun
on Wcitzel and so FAR as l Know mona
was found later"
The state then rested It's rebuttol.
while the defense started no argument
IN reJoinder Court was adjourned fol-
lowing the orders of the court TO pro-
pare instructions for tic jury TO be dis
cussed ut the night session.
Tho defense during the day presented
, number OF witnesses whose testimony
pore little upon the question at hand.
Tho teeth were all removed when IN
oyery case but one, tho state proved IN
ross examination, that the witnesses
knew practically nothing OF Fowler
general reputation. The witnesses pre-
Sented were Paul Byrum. for whom tho
accused once worked, William Fonncr
Of 231S Main street. Blanche Howard,
Mrs Belio Barker and Joe Campbell.
Proceedings instituted TO SHOW that
Fowler was attempting TO set divorce
for Mrs. Bcltz from her husband, John
Nyau horrnG when tho state OBJ