Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-06-15
Aancaster fntelligemzF
Friday EVENING. JUNE IS. 1889.
The KILLING or Dukes.

The ktIIlng Ol DuAos'
when Dukes was acquitted Of the
murder of n utt this journal did not hes
tate to express its opinion that there
was that in the evidence upon which the
iurv could conscientiously base their
verdict that the act was done in sell
defense. We declined to fall in with the
general objurgation of the jury for not
conyicting Dukes of murder, because OF
the belief that he had been guilty OF
seduction and traductiOn. Those were
offences for which he was lndlctable
under the law, and in our Judgment his
puiltiness of them was to be determined
hv his indictment for them and was not
the issue in his trial for murder. For
some inscrutable reason he was not in
dicted for seduction or for libel but
now, on the very eve of the hearing that
was to be given to the question as to
whether he was a seducer and libeler,
and, therefore, unfit to be a member OF
the bar-which was to be inquired into
on the proceedings for his disbarment
that were set down for this day-Dukes
is shot by the son of Mutt on the streets
of Uniontown while he is seeking to
escape from his assailant and without
the pretense that he was putting the
man who slew him in jeopardy.
Mutt, the father, had sought Dukes in
his apartment, and it was claimed on
behalf of Dukes and so concluded by
the Jury, that ne had been shot while
making an assault that he had pre-
yiously threatened to make with intent
to kill. Mutt, the son, kills fleeing
man who. it is conceded, was not assaiI-
ing him. Upon its face it was deliber
ate murder. 1t resembles closely the
late killing in Kentucky by Congress-
man Thompson of which he was ac-
Quilted by the jury on the cstensible
ground that lie could not control his
actions because of the deep perturbation
of his mind by reason of the injury that
he believed had .been done his wife by
his victim. A like plea will be made
for Mutt; that he was irresponsible bo
cause of the condition of his emotions,
under the killing of his father and the
seduction of bis sister. Not that he was
insane, but simply that hewas emotional
But everyone knows that this thin eX,
cuse is not the one that really acquitted
Thomson. nor is it the one that is ex-
pected to acquit Mutt. Kentucky senti,
ment said that Thompson was justifiable
L., fntc Cnln
yania sentiment is expected 10 say thai
Mutt was right in killing his sisters
seducer.
We are surprised aud panied to lind
resnectable newspapers defending the
act of Mutt and not seeking even to dis
cuise the fact that it was an utterly
lawless one. The evi! reputation which
Dukes bore leads these editors, who
should be the conservat"rs Of the law
to indulge in logic and sentiments which
oyerturn all law. 1t is lynch law openly
defended the execution of private ven
geance publicly applauded. 1t is wrong
We conceive that it must be so held bi
the clear mind of every good citizen. AL
such must feel that if the individual is
to tie permitted to Wreak his vengeanct
upon his fellow by his own hand, there
is an end of our government OF law
The law may be faulty and lis minister:
may often fail to punisi: the guilty
but he, who says that :h!s isa good rea
son why the individual citizen should bi
Permitted to define and execute the law
ls an apostle of anarchy and himsel
needs the regimen, the failure OF which
to the wrong doer he 50 loudly bewails.
We have waited a dag to express our
Judgment that the act of Mutt talk
clearly within the laws definition oI
murder and needs TO be punished as such
for the protection OF the community. Ii
is time that The lesson was taught that
to the law and the law alone mus
be confided the trial and punishment OF
alleged crime.
We do not believe that we reach thi:
judgment through any prejudice against
Mutt. 1t is TOO plain "a conviction FOL
the reasonable mind to resist. 1t is tru'
that we have not been able to rui. witt
the sentiment that would have hura
Dukes without the sanction of a jury
We have strong prejudice III favor o!
trial by jury. We believe tiiat q man
should be fairly tried before he IS con
victed and punished. We awaited with
interest the testimony in the disbarmen!
proceedings against Dukes, wherein lie
would have had al opportunity to show
cause, if any ne had, against the public
condemnation of him for traduciug and
seducing one claimed to be pure
woman. Why was Dukes slain, just
prior to this Investigation, with the re-
suit that the suspicion inevitably will
arise that he was killed to suppress the
inquiry? After so long waiting The
time was not happily chosen. 1t may
have been done without this deep in
tent; but its premedit;tion aid deliber
alton are too conspicuous TO be denied
and it is clear that it cannot be defend
ed or pass unpunished without contumely
of the law.
The Star Route Thieves Acquitted.
The great poet of England, who sc
well understood the secret springs
sok, l,r.