The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1884-01-23

the test of friendship On the al
tar OF friendship l cast my offering
this morning, and am here to defend
that boy whose father was nv friend
before he was killed. This is a re-
markable case, and it has been con-
Quoted in remarkable way. We
do not dispute or deny the killing.
Has 1t occurred to the jury that
1t would be singular if we should
try to show that there is nothing
singular in the fact that a citizen
was shot down In the quiet of the
evening without a moving cause {?
Does 1t not, gentlemen, show that
there was an unnatural 'cause-an
insanity? The Commonwealth, had
they so minded, could have shown
you that. Thev could have shown
you that with the terrible disgrace
and the scenes that had preceded it,
young Mutt knew not at the moment
what he was doing, and that we
shall prove. We shall show you by
the evidence that at the time ne did
the deed the past wrongs and ont
RACES upon his family had made
him unable to control his will That
he was pressed into the commission
OF the act by controlling influence
that was overpowering is the de-
Tense in this case. An influence
that he could not resist Is our de-
claration OF his part in the deed per-
formed. We will show yon the cir
cumstances that preceded the shoot
ing, his affectlOnate nature, love of
J home. devotion to father, mother
and sisters. We will show the deep
interest he had taken in all home
projects, and how, after the murder
OF his father, that boy was changed ;
how he became melancholy and
said that his entire life current SEEM
ed changed. But up to the trial of
Dukes the boy knew nothing about
the terrible letters that Dukes had
written casting terrible aspersions
upon his sister, bankruptipg his
family's honor as well as destroying
its head. When the boy heard
Those terrible letters - the most
damnably horrible that a haman
being ever penned-his mind gave
way; he walked the floor the night
long, weeping his appetite forseok
him; reason was overt brown. Not
for fifty years has man been con-
victed for Staying his sisters seducer.
and there is no case a parallel to
this. No man who had committed
such crime as that of Dukes could
go unpUnished. Dukes knew it
himself No twelve Indians would
hang boy for taking in his haHds
justice that belonged to him, and
you. gentlemen of the jury, will not
add to the sisters destruction and
the fathers murder the murder of
the brother and the orphaned son.
We will call DR.. Fuller, the physi-
clan of the Mutt family, who attend
ed the boy from his birth, and he
will testify that he was always deli
cate and of a nervous temperament.
We will show that after the shooting
of his father the liability to mental
disturbances, hereditary in James
Nuts family, and which has aifliet-
ed his uncles and aunts, took q
strong hold upon him, and SO affect
ed his reason that he did net pos
sess control Of himself up to the
hour he shot Dukes. We will show
that there can be but one verdict
that of acquittal."
DIR. Smith Fuller, the first witness,
testified that he had attended the
Mutt family seventeen years, and
had treated the defendant several
times when sick that he always be-
lieved him to be mentally deficient
and without sound mental attributes,
and that he would be inclined 10
harbor feelings of enmitv, which
would increase with time, and would
probably be a monomaniac on the
subject DR.. Fuller further stated
that a person of James Nuts tenn
perament, mentally brooding upon
his fathers death. would unsettle
and incapacitate him from mental
control over himself. He consider
ed him an imbecile-not an idiot.
Mrs Mutt was then called and
testified: My husbands name was
Allison C. Mutt" At the mention
of his fathers name the prisoner
burst into tears. Continuing, Mrs.
Mutt said: " My husband died sud-
denly at the Jennings House. l
have nine children. At the time of
my husbands death Jim was at
school in Rochester, New York. He
came home Immediately. He was
a good boz and much attached to
his father and myself | always
considered him the reverse of men
tally strong, and his father often
said if he died he disliked to leave
Jim more than the rest of the child
ren, as he was not so able to take
care of himself. Excitement greatly
affected the boy all through life.
He was accustomed to use a pistol
for years, shooting at mark being
his favorite pastime. After his faith
er was killed James made request
for his pistol ard witness gave it to
him. Before Dukes trial he was
quite listless and took little interest
in anything. After the acquittal of
Dukes he was greatly excited and
grew morose. When he heard Dukes
letter, and for a week before the
killing of Dukes, defendant often
screamed murder at night, waking
up all who were in the house. One
day he went to the postotfice, and
when he returned he was much agi-
tated. He walked the floor and fin
ally left the room. Witness follow
ed him, and he said: Mother, don't
you think that villain Dukes had
the impudence to look at me and
laugh ?" Several other times, when
in town, he would return much ex-
cited; this was when he would meet
Dukes"
Mrs. Anna Wells (Mrs. Nuts
mother) was next called. She testi-
fed to the prisoners peculiarities
She said & He was always sad, and
did not mingle with the other child
ro, H. 80, wow, o.a,toLln ooI