Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1883-03-21
DUKES ACQUITTED OF HIS
CRIME.

CRIME.
Comment of Judge Wilson on
the Verdict-IndignatiOn OF
the People.
UNIoNTowN, Pa, March l5.-After
the noon adjournment of court yester-
day MIR. W. H. Playford began his ad-
dress for the Commonwealth in the
case against Dukes. Sadly and earn
estlv at first be told the brief story OF
the crime, which, be said, surpassed in
utter villiany the blucke st example of
recorded crime in this State since the
foundation of the Commonwealth
When he came to the first letter from
Dukes to Mutt he went through it SEN
tence by sentence with scathing com
mentary, picturing him as he portrayed
himself in his story of his relations
with the daughter of Captain Mutt.
He pictured Captain Mutt coming to
Uniontown on Saturday and going
home with the burden of his woe upon
him to see his dishonored daughter
and look into the sad eyes of the moth
er who bore her. He comes to see
Dukes and pursuade him to make
what reparation lies in his power.
Dukes had invited him TO his room,
saving he would not arm himself, but
Immediately going and buying revol-
yer, saving he wanted to make "sure"
and he didn'o want anybody to see
him buying it Captain Mutt sent his
nephew to tell Dukes he wanted an In
terview with him, Is that the act of
the assassin? No; the assassin steals
upon his victim as Dukes stole upon
the sanctity Of Nutt's home. He went
into the room where this man Dukes
stood with this deadly weapon upon
his person. 1t does not matter tor the
purpose of this case whether Mutt be-
gan the struggle or not. By testimo-
nv of every eyewitness Mutt was
leaning upon the mantle doing nothing
when Dukes drew his revolver and
shot him to death. "Much ado," said
the counsel sis made of the presence
of this pistol, this large pistol in the
oyercoat pocket of Captain Mutt. Why
| say he would have been justified in
taking cannon into that room and
blowing Dukes into thousand pieces.
Dukes had no opportunity to know
that Mutt had the pistol. The men
were S. parated; Mutt was leaning ex-
hausted upon the mantel; Dukes had
him as he might never have him again,
whence skillful counsel could reason
with the jury that it was self-defense. !"
Counsel went over the testimony of
the three eye-witnesscs again, to show
that every one of them testified that
Capt. Mutt was in defenseless, ,inoffen-
sive position when Dukes fred. He
ridiculed the attempt of the defense to
weaken the credibilty of Feathers by
trying to prove that be was the ene-
nv of Dukes because he did not in
vite Dukes to his wedding in August.
At that time said Mr.. Playford, Dukes
was spending his evenings at Capt.
Nutt's house while he was away at
Harrisburg, and wasn't taking much
interest in marriage.
Judge Wilson's charge was strongly
against the prisoner, and was
an hour in delivery. The case was
given to the jury at halt-Past four.
The first vote stood nine for acquittal
and three for manslaughter. The
eighth ballot was taken a-quarter to
eight o'clock, and was for acquittal.
Judge Wilson was notified, and he en-
tered the court house to receive the
verdict. AS he stepped on the plat
form near his desk he said: 81 am
afraid the verdict comes too quickly to
be the right one."
The jury filed slowly in and took
their seats. In came the counsel in
in the case. In at length came the
prisoner, his steps as steady, his face
as stolid and impassive as ever. 1t
is said he had an inkling of the ver-
dict. He sat tilted back in his chair,
with his plump hands folded placidly
upon his stomach While the clerk
called over the names of the jurors, his
eyes were bent upon the table in front
of him, until the clerk went through
the formula and came to the question,
"How say you!"
Juror Mcintyre, who had been se-
lected to deliver the verdict, broke in
prematurely, Mot"
The clerk said, "hold on"
Dukes glanced up at the juror who
had thus foreshadowed the verdict,
while Clerk Searight went on with the
formal question 'Is the prisoner gull
ty as he stands indicted, or not gull
typ
"Not guilty"
AS the words fell from the lips of
the Juror there was hiss or two and
few feeble cheers, The majority
seemed to doubt if they heard Alright,
and did nothing. The prisoner made
no sign that he had heard what was
said. Judge Wilson seemed amazed,
and said;
81 suppose the We rdict that you have
rendered is 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 was sufficient to justify you
in rendering different verdict. If
you have committed an error it is one
, that We cannot avoid, but can only ex-
press our condemnation of it in this
mild way. The prisoner is discharg-
ed"
Dukes disappeared by the back way,
crowd standing around watching him
as he endeavored to escape observation.
The feeling on the street ran high,
and soon after Dukes was discharged
q procession was formed and a rude
elIigy of him was borne about on a
pole saluted by the curses and jeers of
the crowd. The eifigy, after being
carried iu procession through the town,
was hanged on tree before the Nc
Clelland House, the crowd singing: