The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-01-22
THE MUTT TRIAL.
THE CASE Is GIVEN TO THE JURY.
Tho Arguments for the Prosecution and Defense.
Charge Of Judss Htons-Court Adjourned
uatil To-morrow-usnerAi Belief
That Mutt VIII 10 Acquitted.


Charge Of Jsdks Stons-Court Adjourned
Uatil To-morlow-usnera, Belief
| That Mutt VIII 10 Acquitted.
PITTSBURGH, Pa, January 2l.-Th
attendance on this the last day Of the Nut
trial was the largest Of any since the tria
began. The court room was packed I,
suiocation by crowd anxious to hear th,
arguments. Among those present were ar
unusually large rumber Of ladies.
Promptly at 0 o'clock court opened. Tht
prisoner was brought in looking fresh and
complacent. Mrs. Mutt and Lizzie were in
their accustomed seats.
MIR. johnson, for the commonwealth
arose and addressed the jury. lie said he
had the most profound pity for the priE.
oner, and then recited the story OF Dukes
death. He told how Mutt had laid in wait
for him, and offered in evidence Young
JeGreys, who was with Mutt, aud noticed
nothing unusual about him. Hs thought
II the proposition Of the defense had been
accepted and the case given 10 the Jury
without argument, they would have had
no trouble in bringing in verdict Of mur.
der In the first degree. .I-.
Mental ALTERATION is the prisoner's de.
tense. The Commonwealth does not ask
the conviction Of Mutt in justification OF
the lille he destroyed. 1t is not the policy
Of the law 10 search for revenge, but 1t Is
the law that where one commits murder.
he shall forfeit his life for the offense. The
defense have tried 10 establish insanity,
Remember, gentlemen. that Capt. Mutt In
his letter to Dukes said: "hIy accidental
death may delay but will not avert the in.
evltable." Also remember what follows,
The day Dukes was shot the prisoner and
two uncl.s were practicing with pistols,
and when Stephen Mutt rode away he
said to James Mutt: '.Be sure and don't
iail." Stephen Mutt attempts to xplain II
by saying that he referred to potato bugs,
Not TWO hours after the shooting, James
Mutt told the jsiler that 'it had to be
done." Why2 Because Stephen Mutt told
hun, "Be sure and NOT fall" II Mrs Nutts
testimony Is true, that the poor boy had
not q sound intellect, why did she and why
did MS father allow him to carry pistol,
IS was done from the time he was 1--WE
years old. Thatmother ought to be ashamed
of herself. (Hisses from ladies in the audi.
ence).
:, Another circumstance connected with
the case ls the singular declaration that
ut has to be done," and the pistol practice
OF that day shows that the Nuts had i'm
posed that duty on janis Now is there
q motive in this case? Lst us see. Dukes
shot Mutt in an argument about the latter's
daughter. He was tried and acquitted.
Here you have the factr: that the father
had been killed, the daughter insulted and
Dukes acquitted. 1s there any astonish.
ment then, that Stephen Mutt should prac.
tice pistol shooting with James Nuu2 No,
gentlemen, there was no need OF insanity.
There was impetus enough.
we have no evidence OF Nuts iueanity.
he receives letters like this (r+adinp):
LEES talk and more work; Kill Duk.s."
And another from New Jersey: "If YOU
can't help yourself send over to Jer.
sey ana we will supply yeu with some one
to rid the world Of damnable villain, !"
These letters were published and read by
Nu!t, and he thought popular opinion was
with him and he killed Dukes.
At the conclusion Maj Brown arose and
addressed the jury for. he defense. He
said the verdict would either restore the
prisoner to one OF the vacant eeats in that
sad home or strike into the poor hearts al
ready broken with the killing of husband
and tather. There are crimes Tor which
there can exist no law; crimes that the hu.
man heart alone can Sit in judgment upon;
social crimes against the soul that the
framing Of human words cannot circum.
scribe, but which God in the highest has
written as law for one human heart.
The story you have heard from living
witnesses. Libels heard upon the dead
make all humanity turn and close its ears
and shudder with horror. Continuing,
he recited the murder Of the father, the
reading Of the terrible letters, and Dukes
trial and acquittal, adding: "What was
the result? James was always home boy,
His teacher said he was good boy; be
was not crazy but Of weak mentality.
When. he came home from Rochester In
answer, to telegram and: found his father
dead with, his lace blacksned and
'crus led by the hand Of an assassin.
his mother in, bed lowering between life
and death, his reason scattered and his
mentral control gave over to wounded
mind to Influences beyond all mortal ken.
There was every reason offered to drive the
intellect distracted-not only Of this poor
bereaved boy but the mind of the strong
est mau. No case is parallel to this; no
case like it can be cited; no case where
crime and outrage has ever offered such
reasons for insanity.
This boy found his mother crushed, his
father murdered, his home desolated and
could hardly appear on the streets without
meeting an object which Dr.. Pollock said
would have an effect upon his mind like
shaking q red rag before mad bull. His
mind WAS shattered, and at lust in one de.
lirious effort he strikes down the author OF
bis woes and casts of the burden that had
placed its iron hand upon bis brain. His
words: II could not help it," 1t had TO be
done," tell US it was control far beyond
bis arm that directed his hand in the deed
he did. -T'.l' -
Court took recess.
SENATOR VOORHEES, srEEcu.s
Senator Voorhees, began by saying that
juriea for two hundred years had not con-
victed man accused OF killing man who
invaded his home and destroyed the honor
Of his wife. He alluded to a number Of
cases in which emotional insanity VAS the
defense. In the Rogers case was the first
decision that man might be moving
through life knowing right from wrong and
yet be. moved by an Irresistible desire 10
kill. After the Rogers case came others, that
Of Morer, in your own State. 1t decides
that there is such thing as irresistible
impulse to kill. Strong men have been
around the world for such offenses. Ihaye
seen men leave their seats in Congress TO
answer to such charge and alter that
answer they have come back and taken
their seats again.