Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-01-22
The TRIAL.
TIE LAST DAY or
Sc. nt'r Voorhees, Eloquent 'we'
Ia>>iOn'd Appeal and Judge S.
Irn mr. flnI InArEe.

>ionFd Appeal and Judge So
Impartial Charge.
.gr.rrhGH, January 2l.-The attendance
at the .s>r day Of the Mutt trial was the
largss: OF any since the trial begun. The
court room was packed to suffocation by
the crowd anxious 10 hear arguments.
Among those present were an unusually
large number Of ladies, Promptly at nine
o'clock the court opened. TIE prisoner
was brought in looking fresh and compla-
cent. Mrs. Nat; and Lizzie occupied their
accustomed seats.
Mr.. Johnson, for the Commonwealth,
arose and addressed the jury. He said he
lad the most profound pity for the prls-
oner, and then reciIed the story of Dukes
death. He told how Mutt had laid in wait
for him and offered in evidence that of
yOuIg Ietfries, who was with Mutt and noti-
CsdEOlhing uuUSual about him. He thou sht
if TIE proposition of the defense had ben
accepted and the case given to thu jury
without argument, they would have had no
trouble IL bringing in verdict OF
Murder I'm the First Degree.
Mental alteration IS the prisoner defense.
The Common wealth does not asa the cOu.
yiCtion Of Mutt in ju Il iCatiou for the
life destroyed. IL is not the policy OF law
10 search Tor revenge, but 1t is the law that
where one commits murder, he shall forfeit
MS life for the utiense. IL is the sole bar
er between,cold- b'ooied murderer and his
victim and sUcIery's only protection. The
defense have tried TO establish insanity.
Rene ber, gen len en-, that Captain Matt,
In a letter 10 Dukes, said: My accidental
death may de!ay, but will not avert the iu.
evitable" Also remember what followed.
TIE day Dukts wss shot the pTlSOuer snd
two unC.ts VeTe praC,iCinS with p stO.s, and
when stephen Mutt rode awsy, be said TO
Jsmas Mutt: BE sure and doo't fail.
SteI hen Mutt attempts to explain IT that
ha referred 10 potato bugs. Not two hours
after the shooting James Mutt in Jail told
the isiler that il had to be done. Why
HPenuse stephen Mutt Told HIM,
Be sure and not fail II Mrs. Mutt
testimony is true that the poor boy here
he'd not sound intellect, why dill she, anu
why did his father, allow him 10 carry q
pistol AS was done from the time he was
I'VE wears old? That mother ought to De
ashamed Of herself. Kisses FROM the
lsCies IN the audience. Another clrcum-
stance connected with the case IS the SIN
suIar declaration that, What - to De
done .' sud the pistol practice OF that day
show that the Nuts had imposed that day
o. lanes Now Is there q motive IN the
c So Let us see. Dukes shot Mutt In an
argument about the lstter's daughter, was
trl,d and acquitted. Here you have tue
fsc,s that the father has been killed. the
dsughter insulted. and Dukes acquitted.
n, There any AstOnishment Ehea
that : eph,n n Mutt should practice P's'oi
shCotirg with James Mutt? No, gentle
men. there is no need OF insanity. inere
Was Impetus enough: We nave no SS.
derce ui Nuts insanity. be receives let
te,s ike this, reading, Less tax and more
work. Kill Dukes" And another tcom
New jersey, If you can't help yourself
send over To Jersey and We will supply
Won with some one 10 rid the world OF 3
dsupable villain" These letters were
published and Rad by Mutt and he thought
the p pu,sr opinion was with hun and ne
killed Dukes.
addressed the jury for the defense. de
said the verdict would either restore the
prisoner to one of the vacant chairs in that
sad home, or strike into that poor heart al,
ready broken with the killing ot = husband
anc father. There are crimes
For which There Exists No Law, E.
crimes that The human heart alone Can 81
in judgment upon, social crimes sSaius
the soul that the framing OF human words
csnrot circumsCribe but which God the
highest has written the Law for ooe humsn
hears The story you nave he rc
from the living witnesses, the hoel'
heard upon the dead makes all humanity
turn and close its ears and shudier VIE
horror. Continuing, he recited the murdel
of the fsther. the reading OF the terrioie
letters. Dukes trial and scqulttal, adu'
ing What was the result James wa
alSays home boy. His teacher ssld %
Was good GOV. He vas not crazy, but of 1
wesk mentality. when he came home
from Rochester, in answer to a telegram
and found his father dead, with his tact
blsckened and crushed by the hand OF al
assassin, bis mother in bed
HoyPrinE Between Life aud Death.
his reason tottered and mental control gay'
over bis wounded mind to influences be
yond all mortal kin. There was every
reason offered to drive the intellect dis
tTsctsd no, only of this DOOR bereaved boy
but the mind Of the strongest meu. No
csse is parallel TO this. No case ike 1t car
be cited. No cass where the crime and ou
rage las ever offered such reasons tor In
sanity. do not desire TO call the aiten
tion at length TO the insanity evidence, 4
is not necessary to discuss the expert tsst'
mCny. All coSc'dsd that the defendant
was inssne. This boy found his mother
crushed. father murdered, home desolste1
and could hardly appear on the streets
without meeting the object which Dr. foi
lock said would have an effect upon nj:
mind like shaking red rag before mad
bull His mind was shattered and at last
in ore Gelirious effort he strikes down toe
.uthor Of his woes and casts offs burden
that had plsced an iron band upon M
brain. His words, Il could not help II, n
b,d 10 be done" tell us il was e control fs'
heyord his arm that directed his hand 10
The % q he did" The court took recess
During the recess but few Of the auditor:
left the court room and
when The Doors Reopened
The crowd that tried 10 get into the cour
room was phenomenal. II was so dense
that the iudge and others were unable &c
enter. Two thousand people Ismmed
abont and were turned away. In the crush
three ren were injured but none seriously
Even voorhees, experienced difficulty IN