Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-03-15
DUKES ACQUITTED.
The Court Surprised and tbs Pso-
pie Indignant.
Burning Dukes and the Jurors in EfFigy-
Dukes Under the Protection Of the
Sheriff to Prevent Be-
ing lynched,
OUTLINES OF THE ARGUMENTS MADE

OUTLINES OF THE ARGUMENTS MADE.
UNIoNTOwS, Pa, March 14.-The trial OF
Dukes was opened this morning by the
court asking for the remarks, il any, Of the
counsel upon the law involved in this case.
Counsel for prosecution had none. Coun-
sci for defense read nine points upon which
they wished the court to charge the jury,
and supported these by extracts from legal
authorities. Particular emphasis was laid
upon the subject of the legal effect of the
letters op the verdict, and the court was
asked to especially charge the jury on this
point. Mr.. Boyle, for the defense, opened.
He began by saying: I'VE have at last
reached that part OF this trial when the
case of the prisoner has to be presented
This has fallen to my lot. could wish it
had been otherwise, and had failed into
abler hands. l will, however, do my duty,
and will try to present the case to you in
quiet, uDimpassioned way, not going out
side of the facts. The defendant wants
nothing more than a verdict based on the
evidence in the case and the law of this
State, and We feel he must walk out OF this
room cleared, free man He warned the
jury against any
Appeals 10 Their Feelings
and referred to the presence in the court
room of the vile and children of the de-
ceased. He asked nothing for the prisoner
on account OF his position, for the law treats
all alike. Treat him as though he had
not a shirt on his back, but make nothing
against him on account of Captain Nuts
position. No one deplores Captain Nuts
death more than he, and God forbid that /
should here in this feeble effort OF mine
say aught against Captain Mutt, for he was
my friend and l.. his Counsel could not
shut his eyes to the matter which led to the
shooting: the letters from Dukes to Mutt.
He argued at length against the effect OF
these letters, which the prosecution would
try to make out of them, and claiming few
men would thus confess their faults as he
did. He thought Captain Nuts construc.
tiOn of Dukes words as suggesting the ne
ceS>ity of an abortion in the case OF his
daughtea to be wrong. He thought
Dukes Motives
very different, and argued that there was
nothing in Dukes letters showing an in
tention 70 take life, no threats, no bad feel
ing, but that Nuts letter contained plain
threats of shooting Dukes on sight. He
read Nuts words, "Your presence from
town on the 18th, 9th and 10th may delay,
but cannot avert the inevitable" as throw
ing light on the condition of feeling Of the
men when they met that fatal Sunday
morning. Counsel argued that the fuss
made over Dukes letter was a sham. He
dwelt on the letter of Mutt which reads in
one part: That under existing complica-
tions this Commonwealth was not large
enough for both Of them" and THAT If
they did not have meeting before Satur.
day night, December 23d. he (NutD would
PrecIpItate a Meeting.
Counsel argued that Dukes had the right
to change is mind between the 18th
and 2lst of December as to the necessity of
arming himself. Dukes had written in his
second letter that he would not arm him
self. Il was after the receipt of Nuts letter
containing threats that the pistol was
bought. In discussing the evidence as to
what took place in Dukes room, counsel
insisted that Dukes saw he was in imminent
danger, that he saw Mutt with his hand at
his pocket. and that he then drew his pistol
and fred in self-defense. Mr.. BOyle's
| speech showed his fine analytical powers
| The whole evidence was taken to pieces and
the weak places in the prosecution expos
ed, and all the prominence and import
anCe possible given TO that part favorable
to the prisoner. In closing he repeated his
warning against the eloquence and the ap-
peal TO passion of the counsel who was to
follow him. He said he would make no
appeal for mercy, for that the jury had no
right to listen to. He asked not for mercy,
but for equal and exact Justice He
spoke for two hours and a quarter.
W. II. PlayfOrd spoke two hours this
afternoon for the prosecution. He said
that the murder Of Capt. Mutt, under these
circumstances, was, in point of infamy,
not paralleled in the criminal annals OF
any State since the foundation of the Re-
public.
Judge Wilson's charge was exhaustive
and of great length. After its delivery the
case vas given to the jury.
The SeruIct.
The Jury returned to the box shortly
| before eight O'Clock, and announced ver-
| diet of acquittal. Judge Wilson looked
| amazed az the announcement, and said:
| Gentlemen of the jury: suppose the
/ verdict one that you thought you should
render under your oaths but it is one that
/ gives dissatisfaction to the court, because
\ We thought the evidence sufficient to JUS
| tify different verdict. IL you have COM
mitted an error il is one that we cannot
avoid, but can only express our condemua-
tiOn OF it in this way. The prisoner
is discharged
Dukes then left the court amidst
Great Excitement and igaatIOn.
| At $50 P. NJ the indignation over the
verdict is terrific, an excited crowd has
Just started toward the Court House,
where Dukes is in charge Of the Sheriff
carrying a stuffed efigy of Dukes They
are also bearing efigies of the twelve jury
men. Violence is mOmentarily expected
Dukes remains under guard of Sheriff
Hoover. At 9:45 the crowd reached the
McClellshd House, a few doors from Dukes
room, they have suspended his etiigy across
the street and are singing I'VE will hang
Dukes body on q sour apple tree" Every
body is on the street.
CNIoNrowN, Pa, March 1.-THE follow
ing circular, signed by many leading citi-
zens, is being posted up:
Indignation Meeting.
Citizens Of Fayette county in favor OF
sustaining the character of the county be-
fore the civilized world are invited to as
Semble at the postoffice at seven o'clock P.
", Thursday, the 18th INST, TO express
their indignation at the outrageous verdict
aCquitting the assassin Of Captain A. I.
| Mutt Let A. G. Mutt, let the world know
that the law-abiding citizens OF this county
4 a t,asr l1Faers