The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-06-19
YOUNG NUTS PRovoCArIoN.
Dukes's Insulting Behavior Toward the Son
of His Victim.


Uniontown Correspondence Philadelphia Press.
James Mutt was walking up a 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 got all the testimony written out
in the case against me?'' He thus recalled to
young Mutt the case to disbar him from prac-
ticing law. Mutt stood with his head bowed
while Dukes thus insolently called up
feature of the legal proceedings that
bore directly upon the murder of
his father and the attempted degradation 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
permitted to disgrace the profession TO which
he belonged, and also to insult the general
sentiment of the community by his pres
ence, that the fatal resolve took possession
of him.
These important facts, demonstrating that
the boy acted upon the impulse of an ever
present provocation, indicates 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 no means slow -witted
The defense have several cases as prece-
dents for arguing simply the plea of provo
cation, none of which present as strong points
as this o t,.t.., =
Dukes had several times said that he was
afraid of no one except. Jim Mutt, vet he
armed himself, and in the past two weeks in
truded upon Mutt in the most exasperating
manner, which raises the strong presumption
that he hoped to force the young man to vio-
lence that he might kill him. This is the
most significant feature of the defense The
leading case that has been tried in this coun-
try that will be citedt to sustain this position
and form. the basis of the defense of young
Mutt is that of the trial of Harry Crawford
Black for the murder Of Colonel w. w. Nc.
Kaig. 1t was Maryland case and attracted
wide attention at the time. Hon. Daniel
Voorhees, was one of the counsel for the de-
Tense, and some of the best lawyers in
America was engaged on both sides, the At
torney-general of Maryland prosecuting
Crawford Black was then boy hardly out of
his teens and very slight of frame. McKaig
was double his size and more than ten years
his senior. Both were prominent in social
circles of Cumberland, Nd. McKaig was
charged with the seduction of Blacks sister,
and when the story was communicated to the
young mairhe went to Cumberland from the
mines, where he was employed as a clerk,
and shot McKaig dead on the principal street
of the city Three pistols were found on the
body of the dead man, and the defense proved
the intimacy between McKaig and Blacks
sister and also McKaig's attempt to provoke
Black into a conflict. Nothing like the same
aggravating circumstances were shown in the
Maryland precedent as will be brought to
light at the trial of James Mutt, vet the jury
acquitted Black without hesitation, and the
precedent made in that memorable trial will
play an important part in the coming prose-
cution and the defense here There was no
plea of insanity in that case, and there need
be none in this. ;f,