New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-01-20
THE TRIAL OF JAMES MUTT.
AN EFFORT TO SUBMIT THE CASE AT ONCE.
THE EVIDENCE ALL PREsENTED-PoINTs FOR THE
JURY FROM THE DEFENCE.
rpY TELEGRAPH To THE TRIBUNE.l

THE EVIDENCE ALL PREsENTED-PoINTs FOR TIKI
JURY FROM THE DEFENCE.
fBY TELEGRAPH To THE TRBUSEl
Pr1TsBURG, Jan. I9.-The last evidence in tho
trial of James Mott was submitted to-day. counsel
on both sides have handed their briefs to the Court
A great improvement IN Nuts appearance was
noticed when he came into court this forenoon. As
he took his seat he said to the tipstaye:
" fell the reporters that slept better last nigh'
| than have since came here"
Mrs. Mutt and her daughter Lizzie made their ap-
pearance shortly after the opening of the court
Miss Lizzie was brght-looking and seemed to have
regained her strength.
Robert MiXley, the first witness summoned by
the Commonwealth in rebuttal, testified that Mutt
had frequently met Dukes before the evening on
which the latter was killed. At such meetings
witness had never noticed anything peculiar or
striking in the prisoners appearance. The prose-
cutiop offered 10 Prove by Mixley that when IN
Rochester, New-York, James Mutt received n tele-
| gram announcing the death of Captain Mutt, he
said Il will kill the man who killed my father
The Court decided that the evidence would be IN
Competent in rebuttal.
c. c. Miner testified that on one occasion since
Captain Nuts MURDER while he was holding con-
versation with Dukes, James Mutt. who was pres
ent. glanced hurredly at Dukes, but said nothing.
Robert Hunter a former schoOlmate of the prs-
oner said that the latter had bad temper, but
| there was nothing that would lead HIM TO think
James was of unsound mind. James never learned
fast in school. The defence here interrupted with
| the query: Could he keep up with your When
the witness responded: Why, yes, sir all present
were convulsed with laughter, in which the prisoner
! joined heartily.
| The prosecution then announced that they had
no furCher witnesses TO call in rebuttal, and the
defence said they had TO call in surrebuttal.
This finished the testimony in the case and Major
Brown on the part of the defence presented the
following points:
First. the burden of proof never shifts. 1t rests
upon the Commonwealth, and the prisoner is en-
titled to the benefit of all doubt
Second when prmd ftcie is made out, the
burden Of the proof does not lie with the defence
and if a reasonable doubt exists the jury should
acqut.
Third if the jury believe that at the time of the
killing the mind Of the defendant diseased
that at the time of the homicide he acted from an
irresistible impulse, the jury should acqult.
Fourth if the jury believe that at the time of the
killing the defendant was governed by mono
mama the jury should acqut.
Fifth, the law does not require that insanity, to
absolye from crime exists for any period OF time,
and if it is found that the defendant was
reason the jury should acquit.
Sixth, it is not necessary that the proof of in
sanity should be conclusive as to remove all
Doubt if the evidence removes all reasonable doubt
such doubt is the property of the defendant and
should secure his acquitted
Seventh. the defendant is presumed to be innocent
and cannot be convicted unless the Commonwealth
shall by evidence, overcome every reasonable
doubt of innocence. The jury are To judge of fact
The questions are Of law and fact, ard to be de-
clded by them before they convict the prisoner
Of the crime with which lee is charged.
recess was taken until l p. m. and when the
court reassembled Mrs. Mutt and her daughter APP
I pearcd more contentcd than they have nj any time
since the trial began. The prisoner no longer kept
his eyes on one object but took deep interest IN
| everything that was going on in the courtroom.
| As he caught sight of a familiar face he smiled a
recognition, smiling rs he had not done before. AT
the opening of the court Marshall cwarzweder, for
The defence proposed that the case be submitted 10
the jury without argument and upon the charge OF
the Court. This a general surprise TO the
/ spectators and every eye was on Mr. SWdrtzWeIder
as he said:
Your HovoR: There has been an anxiety on the
mart Of the defence To relieve the Jury and the pub
he anxiety to complete this soon possible.
now offer this suggestion with the consent OF the
other counsel suggest that this case be submitted
/ to the Jury without argument upon your Honor >
/ charge. | would not dare 10 submit such propo-
/ stion were not confident that the jury are fully
posted upon the case from tue evidence received
will venture 90 say that there IS not man on the
Jury. nav, i'm this courtroom in Plttsburg, or in
ALLEGHENY but has made up his verdict on this case.
WHY, therefore, make II "A wool TO hang pathOs and
| oratorv upon Your Honor does not sit there for
that purpose nor does this Jury. Thousands wOulu
like to hear the DISTINGUISHED gentleman from
Washington, but IN justice to all make tins prDpO-
sltion.
Mr. Patterson vigorously resisted the suggestion.
He said among other things Mr. Swartzwelder
makes the declaration that the verdict is already
formed In Justice in honor, and IN all obligation
10 the public and to law, hope that such not the
case The argument OF counsel is not mere matter
| of choice il ], a sworn duty We under oath to
. perform before your Honor as sworn aids 10 the
/ court Your Honor viii notice that not sc.ntllla
of evidence has been tried by side to be forced
/ upon the jury without the scrutiny Of this court.
| We have no right by singular actions to create a
precedent Tins ease has not only an influence upon
7 to-day. but also upon the future. This jury sit,
. here desiring To 10 its duty under Its OATH and
/ think every member of it desires the fullest aid IN
forming a decision ! therefore, with the consent OF
7 nv colleagues, decline the proposition II was
/ curious 10 note the actions OF the audience while
I the two speeches were being delivered. Nr. PatteT-
. son spoke IN half-heartrd manner. With ms
colleagues be has conducted the case strongly as
pos,ib.e but evidently kccnly appreciated the fact
. that Le stood alone with perhaps the exception of
Dukes friends. Judge stowe sustained Nlr. Gattcr-
. son, and announced an adjournment unt u Monday
/ The arguments Will consume seven hoaiS. Inc
Judges charge Will be delivered on Tuesday morn
ing. While the counsel were consulting about Mon
days arrangements. Mrs Mutt held short CONVERSE
. ton with her son. Jamess cOuntenaucc bright
. cued up when his mother approached, and after
their talk was over a smile lit up MS features Tor
] moment.
FOCND FROZEN md DEAD.