The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1883-12-06
THE AVENGERS TRIAL
JAMES MUTT APPEARS IN COURT
To An,wsr for the KlllIsS of Dukss-Ths Troubl
In Securing . Jury-Ths Feeling that Pre-
yalls-A Change Of Venue Granted
to Allegheny County.

to Allegheny County.
UyIoyTowx, Pa, December 5.-Where
Nicholas Dukes turned Oh his heel to see
who had fired o shot at him, the sweet face
Of the Jersey Lily looks down from three
sheet poster upon the people in the streets
Bank clerks add up long columns OF figures
and look into the character Of the endois-
ers on commercial paper in the room where
Mutt stood in the shadow Of the wall and
waited for Dukes to come down from his
hotel, and to-day, the Fayette county pec-
pie, acting in the name Of the law, put Jas.
Mutt into the prisoners desk In the Crimi-
nal Court to answer for the killing Of the man
who shot his father. Judge Wilson came
into the court room few minutes before
nine o'clock and disposed Of several Grim.
inals who had been convicted OF petty
crimes, Judge.elect Inghram sitting on the
bench with him through the courteay- OF
the Court. Senator Voorhees,, who arrived
this morning from Connellsville, came in
with Marshal Swarzwelder. Major Brown,
Playiord and Boyd sat at the counsel table
few minutes, then the silver tongued
Senator was introduced to the Court who
received him kindly. He and Major
Brown, on motion Of Mr.. Playford, were
admitted to the bar. allow about the
case Of James Mutt, are you ready?" asked
the Court.
NOT GUILTY.
James Mutt himself stood up and said
he was not guilty OF murder, speaking in
low tone. The entrance from the jail Is
Just inside beside the end Of the bench,
and when Mutt came out into the court
room, with Sheriff Hoover at his arm, 1t
was seen that Mrs. Mutt was with her boy.
Dressed in the deepest black, with her
face completely hidden by heavy veil,
she was as ghostly as dark shadow. Al
the extreme end Of the counsel table she
sat, with her son ct her right hand, and her
brother, James Wells, farmer ap.
parently, with short gray hair and Scotch
sack coat, rather the worse for wear, dark
pantaloons and vest, with standing collar
and reddish cravat, James Mutt sat in his
chair as cool and calm as the Judge. Ills
face was pale and clean shaven. His fore
head Is high, with bald places running
back on each side, and leaving little
peninsula Of hair directly in the center Of
the brow.
The counsel for Mutt were formidable
and fne-looking group. Boyd sits beside
the prisoner, and takes ample notes Of the
examination OF jurors, now and then max
ing suggestion to Swarizwelder or Play
ford. Mr.. Playford sits next and takes the
leading part in the case. Voorhees, sits at
the end Of the table, with spectacles on his
nose, occasionally making notes.
After the indictment had been read by
the Prothonotary, the panel OF eighty
jurors was called, nearly all OF whom ar
swered. Then, in his pompous way Pro.
thonotary Searight explained to defendant
that he had right to challenge twenty
jurors pre-emptorily and as many as he
pleased for cause. Mutt seemed to regard
this as q matter belonging entirely to his
counsel, for he looked at Mr.. Plsyford,
nodded and sat down again. Then the
active work OF getting jury began.
THE FIRST JUROR.
The first juror accepted was VIM. A. Nc
Dowell, formerly editor Of the Uniontown
Genius Of Liberty, and a graduate Of Yale
College. He said he had heard OF the kill.
ing, but had no opinion that the evidence
could not overthrow. Heisa an intellectual.
fair-minded man, and will make an ex-
cellent foreman. He lives in Uniontown.
A. ]. Tissue, the forty.fourth man, was
the fourth juror challenged peremptorily
by the defense, and Scott, the next
man, was also disposed Of in the same way.
Only one man in the panel abraham
Stewart) said he had not read the
newspapers. He was miner, and lived
in Upper Tyrone township, which Is
strongly Democratic. He said his fathers
name was not Hannibal when ask
ed II Ait was, and went out to the
wide, wide world again on a peremptory
challenge. A challenge for cause by the
prosecution in the case OF John Cohn, the
5Sth man, was overruled. The court then
took recess until o'clock, Mr.. Playiord
says Ii will take two days TO get jury and
the trial will last two weeks, owing to the
length Of testimony as the mental condition
Of Mutt.
A CHANGE OF VENUE.
In the afternoon session the court panel
Of jurors was exhausted and only three
were sworn in. In despair counsel for
Mutt moved for change Of venue. This
was granted and the case ordered to be
certified to the courts Of Allegheny county.
The intention is to secure as speedy a trial
as possible and it is thought arrangements
can be made to begin it in two or three
weeks. The charge is considered by Mutt
and friends as greatly in his favor. II pos.
sible the opinion that the killing Of Dukes
was justifable Is more pronounced in
Pittsburgh than Fayette county. At
Nuts home Dukes has many friends,
especially among certain class OF politi.
clans, in Allegheny county no political
feeling has entered into the case and the
/, verdict OF acquittal is confidently predicted.
FARMERS COHGRESS.