Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-09-04
JAMES NUTS TRIAL.
The Young Aysnger of His Family's
Honor Soon to bs Judged.
His Trial Set Down for Thursday Next-A
Plea of Emotional Insanity to be
Entered BY tie 0efense-The
Prisoners 0emeanOr.

NIONTOWN, September Among the
many cases which crowd the criminal CAL
eudsr Of the September term Of court, Is
that which will determine tina fate OF James
Mutt, the young ayenger OF his family $
woes. Since the evening of June 13, when
he killed \. L. Dukes, he has lain quietly
in Jail, no effort having been made to Sc
cure his release on bail. He has never
asked for his liberty, being apparently con-
tent to await his trial behtnd the bars
which knew Dukes only few hours. Dur
ing his imprisonment his manner and con-
CuCt have been marked by that same quiet
GemesuOr for which he has always been
known.
Defendants DemeanOr.
Mutt is a young man OF but few words,
Speaking only when spoken to aud never
becoming actually taikatiye. On the sub
jeCt Of his crime he is especially reticent.
The instructions of his counsel on this
point wee scarcely necessary in view OF
his known aversion to have the subject
mentioned. From the day of Dukes ac-
uuIttal James MUTT maintained a silence
touching the matter that was stolid, per-
sistent. and that refused to be broken. Not
even his family could engage him on this
subject, and particularly did he refuse 10
say anything when they tried to exact from
bim promise that he would not take the
law IN his own hands, as they feared he
would.
Nutt's Many Friends.
Many persons have been here to visit
young Mutt in Jail, but few were admitted.
He did NOT care to see them, and no one,
save the immediate friends, has been al
lowed entrance without a written permit
from the counsel. He has had good treat
ment during his confinement, being allow.
ed the freedom of the Jail, with books and
papers to read and plenty to eat. His most
frtuuent visitors are his mother and sister
Miss Lizzie. Every day or two they can
be seen, either one or both Of them, pass
ing along the street, heavily veiled, in the
direction Of the Jail. They are seldom seen
out, except as they pass to and from the
gloomy prison house that numbers James
IS one Of its score or more of inmates. At
home they receive daily the calls Of many
Sympathizing friends. The ISLANDERS put
upon the family by the Dukes letters, so
isr from alternating friends, only intensi.
tied their friendship and sympathy, and
raised up new friends for them.
Traces of Siege OF Suffering,
Both upon the faces of Mrs Mutt and Miss
Lizzie there are visible traces OF care, but
upun the former the effects are especially
noticeable. Mrs. Mutt was a happy wife:
surrounded by an affectionaie husband and
loving children in luxurious home she
nsd little to desire. Captain Mutt was pc
culisrly fond of his family and for them
be seemed to live. To Mrs Mutt he was all
that a loving husband could be. She never
knew what it was to be burdened with
looking after the wants of the household
or the worrying concerns of everyday life,
for in these matters Captain Mutt was
thoughtful to a degree. The change that
came upon her was sudden and crushing.
Her chief concern now is in the approach
ing trial. The past is irrevocsble, but in
the pending last act Of this great series oil
tragedies she looks forward with deep sOlic-
itude for the fate Of her son, and hopes that
mercy, at least, may spare him to her.
By Agreement of Counsel,
the trial is set for Thursday, Septe nber 6.
District Attorney l. l.. Johnson and Mr..
John Boyle will conduct the prosecution,
and the defence will be in the same hands
that prosecuted Dukes viz: Messrs. w. II.
Flayford and A ID. Boyd. The prepara-
tions for the trial are being guarded with
much secrecy. Attempts have been made
TO ascertain what line of defence will be
adopt, d, but without success. The plan OF
the prosecution is less uncertain. Theirs
will he q plain, straightforward effort to
convict Of murder in the first degree. The
shooting and the circumstances are admit
ted, and the evidence on this side will be
brief aEd direct.
The Plan OF Defeuse.
But on the part Of the defense there is
close relicence observed. Even those who
were in the confidence of the attorneys at
the former trial are entirely in the dark.
The best opinion, however, is that the plea
will be that Of emotional insanity. Tae
peculiar mental habits of the young man,
together with his singular bearing and dog
ged reticence during the interval from the
scquittsl of Dukes until his desth-a con-
Gition constantly intensified by
The Daily Taant of Dukes Presence
on the streets and by the constant remarks
of thoughtless people-Nill be advanced TO
strengthen this theory. The probability
OF this theory is strengthened oy the fact
that the prosecuting attorneys are fully
expecting this to be the line OF defense
and are preparing TO meet it Tney have
been quietly summOning witnesses to teS-
tify TO young Nutt's sanity. They have
also subpPnaed reporter OF one OF ths
PiuSburgh papers, who wrote an alieget
interview with Miss Lizzie Mutt immedi-
stely after the death of Dukes, in which
,he Is represented as saying that the plea
Cf insanity would never be used in Jamss'
defense; that he was not insane. but killed
Dukes because bis OSn maahOod and tue