Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-12-03
The TRIAL OF JIM MUTT.
0kss' Slayer to bs Brought In
Court on Wednesday.
LONG LIST OF ABLE LAWYERS
Secured to Defend the Young Man Who
Shot His Sisters Bstrayer, the Murderer
of His Father-An Acquit.
tai TO be Asked For.

will round Judge Wilson's distinguished
term OF ten years, will be the most inter
esting session held in Fayette county for
many years. There will be two weeks OF
criminal business, including large mum.
Der Of cases, ranging from the pettiest as
ssult and battery up to that OF murder.
All interest centres IN the trial OF James
Mutt for the killing OF \. l.. Dukes, which
is now set for Wednesday, December S.
The killing occurred on the 18Th
of June last, since which time the
young avenger lies patiently in Jail. Pass
ing along the street the other day your
correspondent looked into . marble shop.
where his attention was attracted by .
sousre, heavy white monument OF me.
dium length, on which Was inscribed
Sacred TO the memory OF \. l.. Dukes.
Who WAS assassinated June II, lsSS, aged
So years, > months and day.
A bystander remarked: III Dukes had
been my son never should have allowed
his tombstone TO bear an inscription which
should always serve TO recall the TACT that
he murdered the father OF the boy who
slew him
Preparing for the rriai.
While this marble shaft is being prepared
10 mark the resting place OF y. L. Dukes
TIE preparations are going rapidly forward
for the trial OF James Mutt, his slayer.
Great popular disappointment was felt
when the case was postponed in Septem'
ber owing 10 the sickness OF Cashier Breck-
enridge. but il is believed that III the end
II will he al the better for the prisoner.
~, IL. u att IN IA At
would have been quite impossible 20 get
a IUry out Of the iUrty-eight names that
were drawn for the iirst week OF Septrm'
Yer court. in which case the panel would
have b,en completed by talesmen, aud
ss the Sheriff Is q strong partisan
friend OF both Dukes and Selricht. no one
believed that he would be at the pains OF
~, ting around for tslesmcn OF Mutt sym.
p,tllts For the first week OF December
court eighty Jurors are drawn and IL 10 be-
lievsh that the twelve viii be agreed upon
from this number,
Tho Political Rearing.
This i considered as one o' the gains
that accrue by the postPonement. There
is vet another and more important one.
The election OF November Was the first
opportunity that was afforded Tor
any expression OF public sentiment at
the ballo,- box that could bear OH any
of the parties connected with the Dukes
business. The result OF the judicial con
test was strking!y significant. Searight
Was Acknowledged 10 be Dukes' political
ndyiser III all matters. In lS'', Just after
S,arigh, had rc,urhcd from Colorado,
DukTs announced himself asa candidate
Tor District Attorney. The SearlGht con.
III gent III Fayetic county WAS not very
L Ia. Nla..
progressed far Dukes Withdrew. When
three more years rolled around the
Sesright Dukes combination thought
Itself strong enough To put their
slate through and Dukes WAS again an
nounCed. vigorous canvass was made.
and on The morning Of the primary Sea
ripht was at the polls early and said TO
Dukes "Wr'l beat them to-day. Dukes
was again, defeated. however, ]. J.. John
ron having carried the nomination by about
30 rluTs.iiy. The combination still pre-
,,rv.d Itself for future battles. scs.
rght had been back from Colorado long
enough 10 pick UP good portion Of his OLD
fDllo wing and in 1881 he was nominated for
rro;honotary. No one fought harder for
him than Dukes. and when the result WAS
known the latter declared; 1T will no
longer be regarded as dlsreputable In poll
tics TO lie n supporter OF Searight.'
Dukes SEM tue
Next year rro,hoIotary Searight con-
cluded he was strong enough TO nominate
Dukes for the Legislature, and while the
opposition was divided among several can.
dida'ss. Searights slate OF Dukes and
Eu,term0rc went through. In all OF
Dukes subsequent misfortuna this
c.Ose political relationship remained un-
nrcIen. When the Jury was impaneled
not va. 10 try him for taking the liie of
srrnin Nut 10 was Searlght who hrst held
20 IT, Of the twelve and announced
hnt they were all Democrats, and after
Dukes VAS acquitted II was Snder the
dyice o! Sehri.ht that he went 10 Harris
lIr with view OF claiming his seat In,
rbc lsgiNd dure. SO, when II came - vot
ny for Judge at the late election the pe1
. e 81 this county gave Searight such
.nIr.se r- he had never before met
viii, GeiratiDg him In his native Dsmp'
ratio township Of Menallen, IN his rest
dent borough of UniontOwn. In his own
ooun,y-in fact, pretty much every place =
giving his Greene county opponent, Mr..
Inrhrsm, q majority OF 4,7t5, by fsr the
largest ever before heard OF in this district.
Hence IL IL believed that young Nuts
chances OF aCqyi'tsl have not been In jUred
Ivy the 1prest ion OF popular sentiment at
the election,
The PrisoneY's Defense.
In the defense the prisoner will certainly
nave everything that could be asked In the
way Of legal ability. The loca! counsel,
Messrs. Plsyford and Boyd, will be assisted
by Msjor A. ". Brown and Marshall
sxsrtzwelder. Of Pittsburgh, and Senator
VOORHEES,, OF Indiana. When the trial
was expected up, In Beptsmber. the frat
week Of court bad come up and still the
outside counsel had not been secured. Ef.
forts were made 10 get Senator Herr, Of
Dauphin, and Msjor Brown, OF Pittsburgh.
but they bad prior engagements. Mrs:
Nutt YVES very an Iious that her boy should
have the best defense II wM possible 10
give him, and at the suggestion 81 friends
the following telegram was addressed 70
both Mr.. voorhees, st Tere Uauh and ar.
gTaytzyeldSr. Pittsburgh.
UsfosTovs, Pa, September :
Can you assist In defending my son
James? Trial set for Thursday. | need
not urge the anxiety of mother.
Both gentlemen responded that II ssr..-
able TO the local counsel they would b
pleased TO aid and would be here by Thur
day, II then being Monday. The sickness
G trial postponed, bui Mss'ra. voorhss,
and SysYtzwelder were retained, ~
was also, afterwards, Major Brown. This
strong array Of talent viii b pittsd sgsins.
District Attorney johnson, John Boyle.
ron OF Congressman Charles z. Boyle, snd
David 7. Patterson, Of Pittsburgh. The
odds In the way Of counsel are certainly
very much in young Nuts favor. IL vas
hard 20 end any one who would sssis, ths
Di.trict ATTORNEY in prosecuting the case.