The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1883-09-05
AN AVENGERS TRIAL.
AppRoAcAlNa AgARlNa Of Nurr
For the KillIuE of Duk..-Ho VIII Eater Plea Of
Not 6ailty UaiontoWn Excited Orsr the
TrlAl-Ths Views OF a Lsading Law.
yer Postpousnsnt Asked For.

PITTSBURGH, September 1.-The Chron.
iclts special from Uniontown, Pa, says:
With the people Of Uniontown and for
miles around, the one great topic Of con-
yersation is the trial Of young slim Mutt"
who on the 14th OF June avenged the foul
death Of his father, and the reproach which
has been cast on his sister by base trad.
ucer. The name Of Nicholas Lyman Dukes
has now well nigh faded even from the lips
OF those who, prior to the double tragedy
which disgraCed FAyette county, were his
friends and associates. Not so with the
father OF the girl whose character has been
yindicated and 10. whose sake he died.
The name OF Capt. Mutt is never spoken OF
but with mingled feeling OF devotion and
reverence. His bersaved family daily re.
ceiye sympathies from friends not alone,
but from those who were heretofore entire
strangers. Young Mutt was visited yester-
day and to day by his careworn, en-
feebled mother and his sister Lizzie,
whose anxious face and downcaSt
look tell too well the story Of her mental
anguiRh. "Jim" Mutt, as he is iamiliarly
known, has undergone no perceptible
change during his incarceration. Although
his privileges have all along been the came
as those OF tho blackest criminal in the jail,
he has not suffered for want Of every deli.
cacy which could tempt his appetite
Il Is nothing unusual for the Sheriff TO
receive baskets Of fruit and other
luxuries in season, which arc sent
BY unknown parties. Sonr correspondent,
In conversation with counsel, attempted to
learn what theory OF defense had been out
lined. On this point, however, no intorma-
ton need be asked until the proper time.
Only ono thing ID known, and that is young
Mutt will plead not guilty OF the crime for
which he stands indicted. Although the
trial is hSed for Thursday no interesting
DEVELOPMENTS are expected, as the first day
will be entirely consumed in empaanelling
a jury.
A DELICATE DUTY.
A prominent member Of the bar, who
was offered big money for assisting in the
prosecution OF Mutt, hut declined, was
talking over the trial to some Of his friends,
including your correspondent, to-day. Said
he: "Both counsel and jury in the case
have delicate duty to perform. The only
safeguard for the defense, 1t seems to me,
lies in the theory Of emotionali insanity, AID
II l am correctly informed, the defense has
already retained number OF the best ex,
perts in the country. One Of these, ] was
told, made an examination OF Mutt in Jail
last week, and his testimony will be iayoIr
able to the defense. Aside from the
question OF insanity, the defense
has but little TO rely upon. The
killing will be admitted and when applied
to the principles OF law to an unprejudiced
mind there appear all the elements OF
premeditated murder. The fact il, had /
consented to join the prosecution,
| should not nave worried anything
about being instrumental in hay:
ing Mutt convicted. Suppose he should
and l wouldn't like to say, with the panel
OF Jurors drawn, that he w6n't-what
would it amount to-? Nine-tenths Of the
people OF Pennsylvania would sign petl-
lion to the Governor asking young Nutts
pardon, aud 1t would undoubtedly be
granted" 80, II
So much has been already published
about the killing Of Captain Mutt and the
acauittal Of Dukes that the public would
certainly not enjoy detailed rehearsal
OF the story now. A few facts will SUI
fee. Captain Mutt was killed on Sunday
morning, December 24th last, in Dukes
room in the Jennings House, whether
he had gone for an interview touching
some statements OF the most diabolical and
infamous character, which Dukes had en-
bodied in a letter to Captain Mutt, Affect
ing the name 1.-THE Captains daughter
Lizzie. For this killing Dukes was tried
at the March term Of QDprt and acquitted.
PosTroEEMRST ASKED FOR.
A Commercial. Gazette Uniohtown, Pa,
special layf: In Court this afternoon the
defense in The case of Jas. Mutt for the kill
ing OF Dukes, asked that the trial be contiu-
ued 10 the December term on secoppt Of
the sickness OF F. @. Breckenridge, one Of
the principal witnesses for the prosecution.
lie WIS taken last Saturday afternoon with
symptoms Of typhoid fever and COZ iiaed
10 bed. His physician has forbidden him
10 talk on any business matters. The ply
sician being called away to-day the defense
presented his certificate. but the Court de-
cIined TO grant the petition on the certih.
cate, r,qnIring his personal presence. Tha
matter will therefore be heard and decided
tomorrow morning.
-sS-