Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-06-19

SOCIAL POSITION OF THE TWO FAMIEs-fH
CHARGE AGAINsT MISS MUTT.

A telegram to the New York Tribune from
Uniontown, Pa, June Is, gives the following
history of the Dukes-Nutt tragedy: On Sunday
morning, December "a, q few moments after the
killing Of Captain Adam C. Mutt by Nicholas L.
Dukes In the room Of the latter at the Jennings
House, man present said: Dukes life isn't
worth q copper with Jim Mutt alive" The
tragedy of last Wednesday evening proves the
remark a true one. The killing of Captain Mutt
startled and shocked the community, and before
the recovery of those disposed to take summary
vengeance on the betrayer and murderer. he
fed to the Jail. where his friend. Sheriff Hoover,
stood ready to defend him to the fullest letter Of
the law.
The position of Dukes socially was peculiar
one He was quiet, reserved and dgnifed. He
had the respect OF all persons, and no young
man at the Fayette county bar had more brill
liant prospects than he. Dukes also possessed
an ample fortune, and his credit was unlimited.
With all these advantages. however he did not
mix In society. In appearance he was unprepOs-
sessing, being somewhat too fat. slightly bow
legged, and bearing an unsightly brth-mark on
his left cheek. He was graduated from Prince
ton college. Miss Lizzie Mutt is petite blonde.
an accomplished, wel-behaved girl thoroughly
respectable, and against whom the tongue Of
scandal has never breathed, until the
brought her name into disrepute. It was
feared by some at the time of the publication of
Dukes letters that Miss Lizzie had been at least
indiscreet, but her conduct since shows that
she is innocent of the charge made against her.
Now the question arises. what was Dukes mo-
tive in accusing her and himself of an improper
intimacy ifnOne had ever existed? The opinion
here generally is that he did 1t calmly, coldly
and deliberately, with the direct intention Of
breaking his engagement with her, never
dreaming that her father would take the mat
ter as he did. Believing Dukes to have been
sane at the time he wrote the letters this Is the
solution accepted by the majority of those who
knew him.
James Mutt. who has just killed the murderer
of his father, is the hero of the hour. The most
eminent counsel in the state have rendered their
services to defend him gratuitously, and large
sums of money have been offered both to him
and his mother. The lawyer who defended
Dukes at his late trial was Charles E. Bayle,
mem ber-elect of the Forty-eighth Congress- and
one of the ablest lawyers in the state. For de-
Tending Dukes he suffered much unpleasant
criticism, but Mr.. Bayle did his best,
although his personal detestaton for the
man was intense. He has lust refused
! the offer Of large sum of money from the
relatives of Dukes to prosecute young Mutt.
one OF the lawyers who prosecuted Dukes,
William H. Playtord, was his preceptor. The
TACT that he remained in UniOntOwn, know
ing that public feeling was intensely excited
against him, and that Jim" Mutt had sworn to
XIII him. shows Dukes to have been man of
physical courage, and his remark that he meant
to ''stay in UnOntown or the cemetery" will
be quoted in his favor:
Dukes was buried to-day, and the next ques-
ton will be the disposal of Mutt. The Judge
| who tried Dukes and the one who in all proba-
oility will try Mutt, is Evans Wilson, a pro-
found lawyer and an equitable judge. In the
opinion of an eminent lawyer here Mutt will be
convicted of murder in the second degree and
then Immediately pardoned by the governor.
YOUNG NUTS PRovoCATION.
The UniontOwn correspondent of the Phla-
deiphia Press says James Mutt was walking up
street the morning of Dukes death with AL
Miner, the court reporter OF Fayette county,
Dukes, seeing them coming, walked out, and in
very offensive way called out to Miner: "Have
you gotten all the testimony written out I'm the
case against me?" He thus recalled to young
Mutt the case to disbar him from practicng
law. Mutt stood with his head bowed while
Dukes thus insolently called up feature of the
legal proceedings that bore directly upon the
dation Of his sister, This was the final insult
and the one which cost Dukes his life. The
youth seemed in deep thought all the way
home as he and Miner walked along. 1t was
after these repeated insults, together with a
growing belief that Dukes would still be per-
mitted to disgrace the profession to which he
belonged, and also to insult the general senti-
ment OF the community by his presence. that
the fatal resolve took possession of him.
These important facts, demonstrating that
the boy acted upon the impulse of an ever-pres-
ent provOcation, indicate clearly that the line
of defense can with safety be bold and broad.
Although his attorneys have not yet determined
upon line of defense, it is expected that they
will rest upon the plea OF provocation, and not
insanity. 1t can be shown that young Mutt is
not as bright as the other members of Captain
Nuts family, though he is by now means slow
Wltted. The defense have several cases as prece-
dents for arguing simply the plea OF pr0voca-
ton, none of which present as strong points as
this.